Author: admin_gst

Goods and Services Tax – GST – Dated:- 28-7-2017 – India's GST reform has been hailed by the BRICS countries in a meeting of Revenue Heads in China recently. In the meeting of the BRICS Heads of Revenue and Tax Experts held at Hangzhou, China from the 25th to 27th of July, 2017, India's GST reforms were appreciated and hailed by the BRICS countries. The Indian delegation was led by Dr. Hasmukh Adhia, Revenue Secretary of India. The leaders and representatives from BRICS countries were i

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Goods and Services Tax – Started By: – Vishal Jain – Dated:- 28-7-2017 Last Replied Date:- 24-11-2017 – An assessee having the bakery does the following activity manufacturing of eatables items like puffs, bread, bun, tea, coffee, etc. and also the activity of trading of bakery items like Biscuits, waffers, Cool drinks, Jam.So whether he has to pay GST as Trader 1% or Manufacturing 2% or Restaurant & Food service 5% – Reply By Raghunath Gadre – The Reply = It will be manufacturing activity and will attract 2% GST – Reply By KASTURI SETHI – The Reply = I support the view of Sh.Raghnath Gadre. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = In my view it would attract 5% as restaurant. – Reply By Kishan Barai – The Reply = Its Manufactur

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Goods and Services Tax – Started By: – Binu Karuthedath – Dated:- 28-7-2017 Last Replied Date:- 30-7-2017 – Dear Expert A is the Merchant Exporter bought goods from B for the export purpose by paid with IGST . A have to export the same goods to UAE by Forex invoice. A can't be executed any Bond or LUT.and A cannot show IGST in their export invoice, due to Foreign currency Invoice How A can export these goods under GST regime? and what is the documents prepared under GST export .is any IGST have to pay before exporting the goods by A , if yes how A can pay IGST? – Reply By MUKUND THAKKAR – The Reply = A is the Merchant Exporter bought goods from B for the export purpose by paid with IGST IGST is applicable if A procuring the goods from

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regarding Freight charge & insurance.if we have shown the Freight Charge & Insurance separately in the export invoice I addition to goods value, is it applicable IGST ? – Reply By KASTURI SETHI – The Reply = I support the views of Sh.Mukund Thakkar, Sir. You will also get refund of GST to be paid on freight and insurance up to port. – Reply By Kishan Barai – The Reply = No No No NOIn export invoice, you should never charge IGST. Exports are Zero Rated under GST LawFOB + Freight + Insurance = CIF would be your final value Let me tell you there is no change in Export Invoice after GSTMany people are even writing on Export Invoice that Export did with payment of IGST & applied for refund or Export against Bond this is the biggest f

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GST – States – F.1-11(100)-TAX/GST/2017 – Dated:- 28-7-2017 – GOVERNMENT OF TRIPURA FINANCE DEPARTMENT (TAXES & EXCISE) NO.F.1-11(100)-TAX/GST/2017 Dated, Agartala, the 28th July, 2017. NOTIFICATION In exercise of the powers conferred by section 164 of the Tripura State Goods and Services Tax Act, 2017 (Tripura Act No. 9 of 2017), the State Government hereby makes the following rules further to amend the Tripura State Goods and Services Tax Rules, 2017, namely:- (1) These, rules may be called the Tripura State Goods and Services Tax (Fourth Amendment) Rules, 2017. (2) Save as otherwise provided, they shall come into force on the date of publication in the Official Gazette. 2. In the Tripura State Goods and Services Tax Rules, 2017. (i)

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the generally accepted accounting principles for the date or time of supply of such services in terms of section 13 of the Act. , (iii) in rule 46, for the third proviso. the following proviso shall be substituted, namely:- "Provided also that in the ease or the export of goods or services, the invoice shall carry an endorsement SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS ON PAYMENT OF INTEGRATED TAX or SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX , as the ease may be. and shall, in lieu of the details specified in clause (e), contain the following details, namely.- (i) name and addre

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in FORM GSTR-3 shall be electronically generated on the basis of information furnished through FORM GSTR-1, FORM GSTR-2 and based on other liabilities of preceding tax periods and PART B of the said return shall be electronically generated on the basis of the return in FORM GSTR-3B furnished in respect of the tax period; (b) the registered person shall modify Part B of the return in FORM GSTR-3 based on the discrepancies, if any, between the return in FORM GSTR-3B and the return in FORM GSTR-3 and discharge his tax and other liabilities, if any; (c) where the amount of input tax credit in FORM GSTR-3 exceeds the amount of input tax credit in terms of FORM GSTR-3B, the additional amount shall be credited to the electronic credit ledger of t

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2017 (8) TMI 44 – ALLAHABAD HIGH COURT – 2017 (4) G. S. T. L. 436 (All.) – Enforcement of the G.S.T. – Entitlement to collect entertainment tax as in the past upto 31st March, 2020 and to retain the percentage of it in accordance with the scheme – U.P. Entertainments and Betting Tax Act, 1979 – effect of C.GS.T. and U.P.G.S.T. Acts – Held that:- Referring to petitioner that in view of Section 174 of the U.P.G.S.T. as there is no notification repealing the benefit conferred upon the petitioner under the scheme of the Act, he is entitle to collect entertainment tax as in the past upto 31st March, 2020 and to retain the percentage of it in accordance with the scheme and counsel appearing for the respondents No. 1 and 3 and Sri Krishna Agarwal

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ntertainments and Betting Tax Act, 1979 (hereinafter referred to as the Act) an scheme was formulated on 3rd September, 2015, which was valid upto 31st March, 2020 permitting the Multiplex owners to collect entertainment tax and to retain 100% of the first year, 75% in the second and third year and 50% in the forth and fifth year. On the basis of the said scheme, the Entertainment Tax Officer /Collector, Saharapur vide order dated 20.07.2015 specifically permitted the petitioner to retain the entertainment tax to the above extent so as to enable it to recover the cost of construction of the Multiplex. During the subsistence of the above scheme, the C.GS.T. and U.P.G.S.T. Acts have been implemented w.e.f. 01.07.2017 and the Act has been repe

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GST – States – 001/2017-SGST – Dated:- 28-7-2017 – Office of the Additional Chief Secretary/Commissioner of State Tax, Ezhilagam, Chepauk, Chennai -600 005. CHENNAI, FRIDAY, JULY. 28 2017 Aadi 12, Hevilambi. Thiruvalluvar Aandu-2048 Order No. 01/2017-SGST No. 1/order/SGST-2017 Re 085/2016 Taxation A1 Subject: Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the Tamil Nadu Goods and Services Tax Rules, 2017. In exercise of the powers conferred by

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GST – States – SRO-03 – Dated:- 28-7-2017 – Government of Jammu and Kashmir Finance Department Civil Secretariat, Srinagar. In the Notification No: SRO-GST-1 dated 8th July, 2017 issued vide endorsement No.ET/119/2017 dated 27.7.2017 (A) In Schedule I-2.5%,- (i) in S. No. 59, in column (3), for 1106 10 90 , read 0713 ; (ii) in S. No. 61, in column (2), for 1106 1090 , read 0713 ; (iii) in S.No. 92,- (a) in column (2), for 1702 , read 1702 or 1704 ; (b) in column (3), for Palmyra sugar , read Palmyra sugar, mishri, batasha, bura ; (iv) in S.No.185, in column (3), for Agarbatti, read Agarbatti, lobhan ; (v) in S. No. 220, in column (3),- (a) for saima , read salma , (b) for gotasitara , read gota, sitara ; (c) for glzal , read gizai ; (vi) i

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r and articles thereof , read Artificial fur other than articles thereof ; (iii) in S. No. 233, in column (3), omit Sewing needles ; (iv) in S. No. 247, in column (3), for 0.12.5 mm , read 0.15 mm ; (v) in S. No. 323, in column (2), for 8522 90 , read 8422 90 ; (vi) in S. No. 395, in column (3), for Optical Fiber , read Optical Fibre Cable ; (vii) in S. No. 447, in column (3), omit and other pens ; (D) In Schedule-IV-14%- (i) in S. No. 158, in column (3), for optical fibres optical fibres, bundles or cables , read optical fibres, optical fibre bundles or cables ; (ii) in S. No. 161, in column (3), for Optical Fiber , read Optical Fibre Cables ; (iii) in S.No.215, in column (3), for Video games consoles and Machines , read Video games consol

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GST – States – SRO-04 – Dated:- 28-7-2017 – Government of Jammu and Kashmir Finance Department Civil Secretariat, Srinagar. In the Notification No: SRO-GST-2 dated 8th July, 2017 issued vide endorsement No.ET/Estt/119/2017 dated 27.07.2017. In the Schedule,- (i) in S. No. 59, in column (2), for 9 , read 7, 9 or 10 ; (ii) in S. No. 102, in column (2), for 2302 , read 2301,2302 . This notification shall & shall always deem to have come into force w.e.f. 8th of July, 2017. By Order of the Gove

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Customs – 99/2017 – Dated:- 28-7-2017 – OFFICE OF COMMISSIONER OF CUSTOMS NS- IV JAWAHAR LAL NEHRU CUSTOM HOUSE, NHAVA SHEVA TAL: URAN, DIST. RAIGAD, MAHARASHTRA-400707 F.No. S/12-Gen-82/2015-16 AM(X) Date: 28.07.2017 PUBLIC NOTICE NO. 99/2017 Sub: Operational problems being faced by EOU in GST regime consequent to amendment in Notification no. 52/2003-Customs dated 31-3-2003 – reg. Attention of all the importers, Exporters, Customs Brokers, and other stake holders is invited to the Board Circular No. 29/2017-Cus dated 17.07.2017 on the above subject. 2. EOUs are allowed duty free import of goods under notification No.52/2003- Custom, dated 31-3-2003. However, in view of GST, the said notification has been consequently amended by notificat

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g inter unit transfer of goods from one EOU to another, which was supported by procurement certificate (PC) in view of Circular no. 35/2016 -Custom dated 29-7-2016 . d) Trade has also requested to continue the procedure of procurement certificates for transitional period for import of goods by EOUs. 3. Matter has been examined by the Board and it has been decided and clarified vide aforesaid Board Circular that – i. The B-17 bond, being a general purpose running bond will serve the requirement of continuity bond to be submitted under Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017, and therefore EOU/STP/EHTP units are not required to submit separate continuity bond. ii. It is also clarified that the requirements of inform

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nter unit transfer would be on invoice on payment of applicable GST taxes. However, such transfer would be without payment of custom duty. The supplier unit will endorse on such documents the amount of custom duty, availed as exemption, if any, on the goods intended to be transferred. The recipient unit would be responsible for paying such basic customs duty, as is obligated under Notification no. 52/2003-Cus dated 31-3-2003 (as amended), when the finished goods made out of such goods or such goods are cleared in DTA. The circular no. 35/2016 -Custom dated 29-7-2016 would stand amended to the extent that no procurement certificates would be required for inter- unit transfer. 4. The earlier Public Notices issued in this regard as mentioned a

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Customs – PUBLIC NOTICE NO. 32/2017 – Dated:- 28-7-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE: PORT AREA: VISAKHAPATNAM: 530 035 F. No. P3/06/2017-Stats/A.M. Date: 28.7.2017 PUBLIC NOTICE NO. 32/2017 Sub:- Clarification regarding exports under claim for drawback in the GST scenario.- reg. Attention of all officers and trade is invited to Circular No. 22/2017-Customs, dated 30.6.2017 wherein the higher All Industry Rates (AIRS) under Duty Drawback scheme viz. rages and caps available under columns (4) and (5) of the Schedule of All Industry Rates of Duty Drawback have been continued for a transition period of three months i.e. 1.7.2017 to 30.9.2017. 2. Various issues were highlighted to the Board by field formations and expor

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131/2016-cus (N.T.) dated 31.10.2016 by Notification 73/2017- Cus (N.T.) dated 26.7.2017 and dispensed with the requirement of the certificate from GST officer to claim higher rate of drawback. TD facilitate exports, the higher rate of drawback can be claimed on the basis of self-declaration to be provided by exporter in terms of revised Note and Condition 12A of aforesaid Notification. 4. Since Notes and Conditions of Notification No. 131/2016-Cus (NT) dated 31.10.2016 (as amended) are integral part of the rates of drawback given under the Schedule to said Notification, accordingly in terms of the Section 75(3) of the Customs Act, 1962 and Rule 5(2) of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, it may be noted

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r. 5. Another aspect that may be noted is that there could be cases where export goods had been cleared from factory, warehouse, etc. prior to 1.7.2017 but let export order has not been issued before 1.7.2017. Such goods are not supplies under GST and accordingly, said Note and Condition 12A is not applicable. For such goods, the declaration from exporter or certificate from the then Central Excise officer as applicable in terms of Note and Condition 12 of said Notification No. 131/2016- Customs (NT) shall continue, 6. As part of audit checks, the need for regular sample checking of the veracity of declarations accepted for disbursing AIR drawback claims has been highlighted in Board's instruction F. No. 603/01/2011-DBK dated 11.10.2013

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GST – States – 01/2017-SGST – Dated:- 28-7-2017 – Government of Tamilnadu Office of the Principal Secretary / Commissioner of Commercial Taxes, Ezhilagam Chepauk Chennai -600 005. Notification issued by commissioner of State Tax, CHENNAI, FRIDAY, July, 28, 2017 Aadi 12, Hevelambi, Thiruvalluvar andu-2048 Order No. 01/2017-SGST No. 1/order/SGST-2017 No. Rc.085/2016/Taxation/A1 Subject: Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the Tamil Na

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Goods and Services Tax – Exporter will be eligible for refund of Compensation Cess paid on goods exported by him [on similar lines as refund of IGST] – TMI Updates – Highlights

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Goods and Services Tax – GST INS – 04 – FORM GST INS-04 BOND FOR RELEASE OF GOODS SEIZED [See rule 140(1)] I……………..of………………..hereinafter called "obligor(s)" am held and firmly bound to the President of India (hereinafter called "the President") and/or the Governor of ………….(State) (hereinafter called the Governor ) in the sum of………………………rupees to be paid to the President / the Governor for which payment will be made. I jointly and severally bind myself and my heirs/ executors/ administrators/ legal representatives/successors and assigns by these presents; dated this……………….day of……………….. WHEREAS in accordance with the provisions of

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d goods released provisionally to me as and when required by the proper officer duly authorized under the Act. And if all taxes, interest, penalty, fine and other lawful charges demanded by the proper officer are duly paid within ten days of the date of demand thereof being made in writing by the said proper officer, this obligation shall be void. OTHERWISE and on breach or failure in the performance of any part of this condition, the same shall be in full force: AND the President/Governor shall, at his option, be competent to make good all the losses and damages from the amount of the security deposit or by endorsing his rights under the above-written bond or both; IN THE WITNESS THEREOF these presents have been signed the day hereinbefore

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Goods and Services Tax – GST INS – 03 – FORM GST INS-03 ORDER OF PROHIBITION [See rule 139(4)] Whereas an inspection under sub-section (1)/search under sub-section (2) of Section 67 was conducted on __/__/____ at __:__ AM/PM in the following premise(s): <<Details of premises>> which is/are a place/places of business/premises belonging to: <<Name of Person>> <<GSTIN, if registered>> in the presence of following witness(es): 1. <<Name and address>>

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Goods and Services Tax – Started By: – MARIAPPAN GOVINDARAJAN – Dated:- 27-7-2017 Last Replied Date:- 29-7-2017 – May I know the rate of GST rate in case a person sells his 3 cent of land to another? – Reply By HimansuSekhar Sha – The Reply = Sale of land is not a supply . Please refer to Schedule-III 5. Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building. With regards – Reply By KASTURI SETHI – The Reply = Sir, Something is missing due to typing mistake. his

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Goods and Services Tax – Started By: – Sarju Solanki – Dated:- 27-7-2017 Last Replied Date:- 10-8-2017 – Respected Sir,I am having one trading unit.Would like to know that can we purchase raw material and give it to the jobwork company having registered no. ?The firm making jobwork will give me the complete item ?How shall the GST will be applicable ? How to be treated with tax credit ?Pls help me to carry out the solution of this issue in GST.Regards,Sarju – Reply By KIRTIKUMAR PUROHIT – The R

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Goods and Services Tax – Started By: – Ramakrishnan Seshadri – Dated:- 27-7-2017 Last Replied Date:- 31-7-2017 – Dear Sir,We are manufactured of automobile components. We have canteen facility and our caterers supply food.He is charging gst in his bill. Whether we can take gst set off on his bills.Thanks & RegardsS.Ramakrishnan – Reply By HimansuSekhar Sha – The Reply = Under Sec 17(5) the credit on food items not allowable – Reply By KASTURI SETHI – The Reply = I support the views of Sh.Hi

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Goods and Services Tax – GST INS – 02 – FORM GST INS-02 ORDER OF SEIZURE [See rule 139 (2)] Whereas an inspection under sub-section (1)/search under sub-section (2) of Section 67 was conducted by me on __/__/____ at __:__ AM/PM in the following premise(s): <<Details of premises>> which is/are a place/places of business/premises belonging to: <<Name of Person>> <<GSTIN, if registered>> in the presence of following witness(es): 1. <<Name and address>> 2. <<Name and address>> and on scrutiny of the books of accounts, registers, documents / papers and goods found during the inspection/search, I have reasons to believe that certain goods liable to confiscation and/or documents and/or b

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Goods and Services Tax – GST TRAN – 2 – Form GST TRAN – 2 [See Rule 117(4)] 1. GSTIN – 2. Name of Taxable person – 3. Tax Period: month……. year……… 4. Details of inputs held on stock on 2[appointment date] in respect of which he is not in possession of any invoice/document evidencing payment of tax carried forward to Electronic Credit ledger. Opening stock for the tax period Outward supply made Closing balance 1[HSN as applicable] Unit Qty. Qty Value Central Tax Integrated Tax ITC Allowed Qty 1 2 3 4 5 6 7 8 9 5. 3[Credit of] State Tax on the stock mentioned in 4 above (To be there only in States having VAT at single point) Opening stock for the tax period Outward supply made Closing balance 1[HSN as appli

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Goods and Services Tax – GST TRAN – 1 – PDF DOWNLOAD ********************* Notes: 1. The amendment vide notification no. 17/2017 dated 27-7-2017, with effect from 1st July, 2017, in Sl. No. 7, in Table (a), for the heading of column (2), the heading HSN as applicable shall be substituted 2. The amendment vide notification no. 22/2017 dated 17.8.2017, with effect from 1st July, 2017, (i) in item (a), for the word, figures and brackets and 140 (6) , the figures, brackets and word , 140 (6) and 140 (7) shall be substituted; 3. The amendment vide notification no. 22/2017 dated 17.8.2017, with effect from 1st July, 2017, in Serial No. 7, in item (b), – (a) after the word, figures and brackets, section 140 (5) , the words, figures and brackets a

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Goods and Services Tax – GST APL – 08 – Form GST APL – 08 [See rule 114(1)] Appeal to the High Court under section 117 1. Appeal filed by Taxable person / Government of <-> 2. GSTIN/ Temporary ID/UIN Name of the appellant/ officer- 3. Permanent address of the appellant, if applicable- 4. Address for communication- 5. Order appealed against Number Date- 6. Name and Address of the Appellate Tribunal passing the order appealed against- 7. Date of communication of the order appealed against-

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Goods and Services Tax – GST APL – 07 – Form GST APL – 07 [See rule 111(1)] Application to the Appellate Tribunal under sub section (3) of Section 112 1. Name and Designation of the appellant Name: Designation Jurisdiction State / Center – Name of the State: 2. GSTIN/ Temporary ID /UIN- 3. Appellate Order no. Date- 4. Designation and Address of the Appellate Authority passing the order appealed against- 5. Date of communication of the order appealed against- 6. Details of the case under dispute

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Goods and Services Tax – Started By: – nandankumar roy – Dated:- 27-7-2017 Last Replied Date:- 30-7-2017 – DEAR SIR, I SUBMITTED MY ER1 JUNE'17 EXCISE RETURN CLOSING BALANCE OF PART -II IS ASSUME 50 LACS AND NOW RECENTLY AUDIT HAPPENED AND SOME CARGO OUTWARD SERVICE TAX CREDIT OF BLUE DART APPX RS 5 LACS DEMANDING FOR REVERSE FROM PART II ,PL CONFIRM WHETHER IT WILL BE POSSIBLE WHEN I PUT ENTRY THRU TRN 1 FORM THESE FIGURE ARISES 45 LACS AND WHETHER ANY OBJECTIONABLE TO GST . AS SOME EXCISE

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Goods and Services Tax – GST APL – 06 – Form GST APL – 06 [See rule 110(2)] Cross-objections before the Appellate Tribunal under sub-section (5) of section 112 Sr. No. Particulars 1 Appeal No. – Date of filing – 2 GSTIN/ Temporary ID/UIN- 3 Name of the appellant- 4 Permanent address of the appellant- 5 Address for communication- 6 Order no. Date- 7 Designation and Address of the officer passing the order appealed against- 8. Date of communication of the order appealed against- 9. Name of the representative- 10. Details of the case under dispute- (i) Brief issue of the case under dispute- (ii) Description and classification of goods/ services in dispute- (iii) Period of dispute- (iv) Amount under dispute Central tax State/UT tax Integrated

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Head Tax Interest Penalty Refund Total Integrated Tax Central tax State/UT tax Cess 15 Details of payment Head Tax Interest Penalty Refund Total Central tax State/UT tax Integrated Tax Cess Total 16 In case of cross-objections filed by the Commissioner State/UT tax/Central tax: (i) Amount of tax demand dropped or reduced for the period of Dispute (ii) Amount of interest demand dropped or reduced for the period of dispute (iii) Amount of refund sanctioned or allowed for the period of dispute (iv) Whether no or lesser amount imposed as penalty TOTAL 17 Reliefs claimed in memorandum of cross-objections. 18 Grounds of Cross objection Verification I, _________the respondent, do hereby declare that what is stated above is true to the best of my

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Goods and Services Tax – Started By: – jayesh thacker – Dated:- 27-7-2017 Last Replied Date:- 28-7-2017 – gst and tds on government amt like molasses fee, boiler inspection fee, revenue stamp, court fee stamp, port entry pass fee,safta certificate, notary charges and other government challan.pls. suggest above mention is effected in gst and tds, if yes then gst rate and sac code provide – Reply By KASTURI SETHI – The Reply = NO GST on Govt. fee/charges. It is not SUPPLY. – Reply By MARIAPPAN GO

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