Author: admin_gst

GST ON SANITATION SERVICES
Query (Issue) Started By: – PAWANKUMAR GARG Dated:- 18-9-2017 Last Reply Date:- 25-9-2017 Goods and Services Tax – GST
Got 4 Replies
GST
SIR, I AM PROVIDING SANITATION SERVICES TO STATE HOSPITALS RUN BY PUNJAB HEALTH SYSTEM CORPN. PL.ADVISE ME WHETHER IT IS TAXABLE SERVICE OR NOT
Reply By KASTURI SETHI:
The Reply:
Taxable under SAC 999459 18%
Reply By Himansu Sekhar:
The Reply:
Yes it is taxable
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
What Shri S

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PROCEDURE FOR SHIFTED OF FINISHED GOODS FROM AP KARNATAKA TO UP
Query (Issue) Started By: – nandankumar roy Dated:- 18-9-2017 Last Reply Date:- 25-9-2017 Goods and Services Tax – GST
Got 2 Replies
GST
SIRJI,
WE ARE SUPPLYING GOVT ORDER ALL OVER INDIA BASIS. ON ORDER OF RITES (FUNDED BY CENTRAL GOVT, IN INVOICE MAIN SUPPLIERS ADDRESS -RITES-DELHI ) AND ON CONSIGNEE ADDRESS BASIS TO ALL OVER INDIA ,NOW WHAT HAPPENED , WE SUPPLIED MEDICINE APPX 2 LACS TAB EACH TO AP AND KARNATAKA ( AS THEY ARE NOT TAKING THE THE MATERIALS FROM TRANSPORTER MAY BE COMMUNICATION GAP OF RITES ) AND NOW FOR THAT INSTRUCTION OF RITES DELHI THAT WE HAVE TO RESHIFT THE SAME MATERIALS TO UTTAR PRADESH FROM AP AND KARNATAKA . GST INVOICE RAISED IN THIS MON

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All about E-way Bill under GST
By: – Anuj Bansal
Goods and Services Tax – GST
Dated:- 18-9-2017

After the implementation of GST from 1st July, 2017, waybill under erstwhile acts were discarded. However, it was believed that with the abolition of way bill, the long queues which were often witnessed at state borders will not be seen anymore. But, during the transition phase, the states have allowed to use their own way bill for the temporary period i.e. till e-way bill under GST would be effective. Even after two and half months of the appointed date the much awaited E-way bill is still not made operational by the government. The government has issued notification no. 27/2017 of central tax on 30th August, 2017 which hereby amends the CGST Rules, 2017 and also explains the procedure in respect to E-way bill under Rule 138 of the CGST Rules, 2017.
However, the specific date from which E-way bill will come into play has not yet been notified by the government. The procedur

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exure (Given under rule 138(14).
* where the goods are being transported by a non – motorized conveyance;
* where the goods are being transported from the port, airport, air cargo complex and land custom station to an inland container depot or a container freight station for clearance by customs; and
* in respect of movement of goods within such areas as are notified under clause (d) of sub-rule (14) of rule 138 of the Goods and Services Tax Rules of the concerned State.
* Procedure for generating E – way Bill on the GST common portal in different circumstances is as follows:-
* Case 1 – Goods transported by own conveyance / hired / railways / air / vessel – E-way bill is generated in Form GST EWB -01 electronically on the common portal by registered person as consignor or recipient of supply as consignee by filing the requisite details in Part A and furnishing information of vehicle number in Part B of the aforesaid form.
* Case 2 – Goods handed over to a transporter for t

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onically on the common portal in consolidated e-way bill in Form GST EWB -02 prior to the movement of goods.
* Case 5 – Where E-way bill is not generated by the consignor or the consignee – In case value of goods is more than 50,000 rupees and consignor or consignee has not generated e-way bill, in such case transporter shall generate Form GST EWB-01 on the basis of invoice or bill of supply or delivery challan, as the case may be. If required consolidated e-way bill may also be generated. The information furnished in Part A of Form GST EWB-01 shall be made available to registered supplier on the common portal and the same may be utilized in furnishing Form GSTR-1.
* Case 6 – Where goods are transported for a distance of less than 10kms within State or Union territory from a place of business of the consignor to the place of business of the transporter for further transportation- In such case the supplier or the transporter may not furnish details of conveyance in Part B of Form GS

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ilable to him, it shall be deemed that he has accepted such details.
* Documents and devices to be carried by person-in-charge of a conveyance –
* Invoice / Bill of Supply / Delivery challan
* Copy of E-way bill or E-way bill number – Either physically or mapped to a Radio Frequency Identification Device embedded on to the conveyance.
* Cancellation of E-way Bill – E-Way Bill may be cancelled within 24 hours of its generation in case same has been generated but either goods have not been transported or are not transported as per the details furnished in the e-way bill. However, if such bill has been verified in transit, then such bills cannot be cancelled.
* Detention / Interception of Vehicle – In the case of detention/ interception of vehicle for a period exceeding 30 minutes, the transporter may upload the said information in FORM GST EWB-04 on the common portal.
Important Note: –
* E-way Bill generated for any State shall be valid in every State or Union Territory.

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Trans1 return
Query (Issue) Started By: – Narendra Soni Dated:- 18-9-2017 Last Reply Date:- 21-9-2017 Goods and Services Tax – GST
Got 2 Replies
GST
Dear experts
Refer GST Trans 1 Return.
In 5 c table, what is coloumn 7 "ITC reversal retable to 3 and 5 ".
Kindly suggest what amount to be entered in this coloumn.
Expert opinion is expected urgently to file correct return.
Reply By Nandan Khambete:
The Reply:
It is differential liability of Dealer assuming C / F Forms

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Filing of Special Leave Petition against Orders of Hon'ble High Courts staying Collection of Tax under GST- reg.
F. No. 275/11/2017-CX.8A Dated:- 18-9-2017 Order-Instruction
Central Excise
F. No. 275/11/2017-CX.8A
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
(Legal Cell)
'C' Wing, 5th Floor, HUDCO-VISHALA Building
Bhikaji Cama Place, R.K. Puram,
New Delhi-66: dated the 18.09.2017
INSTRUCTION
To,
1. All Principal Chief Commissioners/ Chief Commissioners of Customs, GST & CX;
2. All Director Generals of Customs, GST & CX;
3.
Sub: – Filing of Special Leave Petition against Orders of Hon'ble High Courts staying Collection of Tax under GST- reg.
Sir/Madam,
After the implementati

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nvolved or there is manifest injustice resulting from the impugned order or judgment. No right of appeal is conferred upon any party but only a discretion is vested in the Supreme Court to interfere by granting leave to an applicant to enter in its appellate jurisdiction not open otherwise and as of right. The Board vide Instruction F. No. 276/72/2016-CX.8A dated 18.07.2016 (Copy available on CBEC website) had discussed as to the conditions under which SLP can be filed before the Apex Court.
3. Principally, all orders/judgments, whether interim or final, are appealable. Where the levy of GST has been questioned or stayed, irrespective of the fact that matter is still pending before the High Court the same needs to be challenged by way of f

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Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and Service Tax Rules, 2017
02/2017-GST-Order Dated:- 18-9-2017 100
GST
F. No. 349/58/2017-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
Order No. 02/2017-GST
New Delhi, the18th September, 2017
Subject: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and

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Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Gujarat Goods and Service Tax Rules, 2017
02/2017-GST Dated:- 18-9-2017 Gujarat SGST
GST – States
Gujarat SGST
Gujarat SGST
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Notification (2484) 18-09-17 regarding period of Form GST TRAN-1
F.No.17(131)ACCT/GST/2017/2484 Dated:- 18-9-2017 Rajasthan SGST
GST – States
Rajasthan SGST
Rajasthan SGST
GOVERNMENT OF RAJASTHAN
COMMERCIAL TAXES DEPARTMENT
NOTIFICATION
Jaipur, Dated September 18, 2017
In exercise of the powers conferred by rule 120A of the Rajasthan Goods and Services Tax Rules, 2017 read with section 168 of the Rajasthan Goods and Services Tax Act, 2017 (Act No. 9 of 2017), I, Alok Gupta, Co

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Sanjeev Sharma Versus Union of India & Others
GST
2017 (9) TMI 1357 – DELHI HIGH COURT – 2017 (6) G. S. T. L. 261 (Del.)
DELHI HIGH COURT – HC
Dated:- 18-9-2017
W. P. (C) 7964/2017 & CM APPL. 32853/2017
GST
S. Muralidhar And Prathiba M. Singh, JJ.
For the Petitioner : Mr. Abhishek Boob, Advocate
For the Respondents : Ms. Nidhi Mohan Parashar, Advocate for R1. Mr. Satyakam, ASC for GNCTD with Ms.Priyanka Rani, LA, DTT, GNCTD
ORDER
1. The court has been shown the e-mail dated 15th September 2017 written to the Additional Commissioner (Policy) of GNCT of Delhi by Mr. Kamleshwer Prasad Verma, Vice President-Services of the Goods and Services Tax Network ('GSTN')/Respondent No. 5 where the queries raised by the former

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able w.e.f. 20th October 2017 on the GST Portal.
 
2. What is clear from the above response is that the web portal for uploading an application seeking an advance ruling is not going to be ready till 15th January 2018. As an alternative, the GSTN has decided to accept all such applications, including applications from 'unregistered persons', manually with the facility to deposit the prescribed fees through the GST Portal.
3. However, it is not clear under what authority of law, the GSTN has decided to postpone the availability of this alternative system of filing the applications seeking advance ruling manually till 20th October 2017 when the provisions of law are already in force. Neither the counsel for GNCTD nor the counsel for t

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Amendment in the Notification No. F.NO.FlN/REV-3/GST/1/08 (Pt-l) 'D' dated 30-06-2017,- regarding Tractors Parts
F.NO.FIN/REV-3/GST/1/08 (Pt-1)/458 Dated:- 18-9-2017 Nagaland SGST
GST – States
Nagaland SGST
Nagaland SGST
GOVERNMENT OF NAGALAND
FINANCE DEPARTMENT
(REVENUE BRANCH)
F.NO.FIN/REV-3/GST/1/08 (Pt-1)/458
NOTIFICATION
Dated 18th Sept. 2017
In exercise of the powers conferred by sub-section (1) of section 9 of the Nagaland Goods and Services Tax Act, 2017 (4 of 2017), the State Government, on the recommendations of the Council, hereby makes the following further amendment in the notification of the Government of Nagaland, Finance Department (Revenue Branch), F.NO.FlN/REV-3/GST/1/08 (Pt-l) 'D' dated 30-06-

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Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and Service Tax Rules, 2017.
05/2017-GST Dated:- 18-9-2017 Nagaland SGST
GST – States
GOVERNMENT OF NAGALAND
OFFICE OF THE COMMISSIONER OF STATE TAXES
NO.CT/LEG/NGST-ORD/8/17
NAGALAND: DIMAPUR
Dated, Dimapur the 18th September, 2017
Order No. 05/2017-GST
Subject: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods

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Addition to earlier Rules/Amendment to Rules, Notifications and Circular relating to Nagaland GST Act, 2017
FIN/REV-3/GST/1/08 (Pt.1)/463 Dated:- 18-9-2017 Nagaland SGST
GST – States
GOVERNMENT OF NAGALAND
FINANCE DEPARTMENT
(REVENUE BRANCH)
CIRCULAR
Dated, Kohima, the 18th September, 2017
No.FIN/REV-3/GST/1/08(Pt.I)::: The undersigned is directed to forward herewith Notification Nos. FIN/REV-3/GST/l/08 (Pt-1)/452,453 dated 13th September 2017 and Notification Nos. FIN/REV-3/GST/1/

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To specify the dates of furnishing GSTR-3B for the months of August, 2017 to December, 2017
11-C.T./GST Dated:- 18-9-2017 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
DIRECTORATE OF COMMERCIAL TAXES
14, BELIAGHATA ROAD, KOLKATA -700015
NOTIFICATION BY THE COMMISSIONER OF STATE TAX
Notification No. 11-C.T./GST Dated: 18/09/2017
In exercise of the powers conferred by section 168 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of 2017) (hereinafter referred to as the said Act) read with sub-rule (5) of rule 61 of the West Bengal Goods and Services Tax Rules, 2017 and notification No. 04-C.T./GST dated the 08th August, 2017, the Commissioner, on the recom

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The West Bengal Goods and Services Tax (Seventh Amendment) Rules, 2017.
1656-F.T. Dated:- 18-9-2017 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
Revenue
NOTIFICATION
No. 1656-F.T.
Dated, Howrah, the 18th day of September, 2017
In exercise of the powers conferred by section 164 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. XXVIII of 2017), the Governor is pleased hereby to make the following rules further to amend the West Bengal Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the West Bengal Goods and Services Tax (Seventh Amendment) Rules, 2017.
(2) Save as otherwise provided in these rules, they shall come into force with immediate effect.
2. In the West Bengal Goods and Services Tax Rules, 2017, (hereinafter referred to as the rules),
(i) in rule 3 –
(a) after sub-rule (3), the following sub-rule shall be inserted, namely:-
“(3A) Notwithstanding

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e word “Central” shall be deemed to have been substituted with effect from the 1st day of July, 2017;
(iii) in rule 107, after clause (d), the following words, brackets and figures shall be deemed to have been inserted with effect from the 1st day of July, 2017, namely:-
“in accordance with the provision of sub-section (4) of section 101 of the Act.”
(iv) after rule 120, the following rule shall be inserted, namely:-
“120A. Every registered person who has submitted a declaration electronically in FORM GST TRAN-1 within the time period specified in rule 117, rule 118, rule 119 and rule 120 may revise such declaration once and submit the revised declaration in FORM GST TRAN-1 electronically on the common portal within the time period specified in the said rules or such further period as may be extended by the Commissioner in this behalf.”;
(v) in rule 127, after clause (iii), the following clause shall be inserted, namely:-
“(iv) to furnish a performance report to the Council

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rds, figures and brackets “Section 140(1)”, the words, figures, brackets and letter “, Section 140 (4) (a) and Section 140(9)” shall be inserted;
(b) in Serial No. 7(a), in the table, in Serial No. 7A, in the heading, after the word “invoices”, the words, brackets and letters “(including Credit Transfer Document (CTD))” shall be inserted;
(c) after the words “Designation/Status”, the following shall be inserted, namely:-
“Instructions:
1. Central Tax credit in terms of sub-section (9) of section 140 of the CGST Act, 2017 shall be availed in column 6 of table 5 (a).
2. Registered persons availing credit through Credit Transfer Document (CTD) shall also file FORM GST TRAN-3 besides availing credit in table 7A under the heading “inputs.”;
(viii) in “FORM GSTR-4”, in Serial No.8, in entry 8B(2), for the words “Intra-State Supplies”, the words “Inter-State Supplies” shall be deemed to have been substituted with from the 1st day of July, 2017;
(ix) in the Notes to “FORM GST EWB

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Notifying section 51 of the WBGST Act, 2017 for TDS.
1665-F.T. Dated:- 18-9-2017 West Bengal SGST
GST – States
West Bengal SGST
West Bengal SGST
GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
Revenue
NOTIFICATION
No. 1665-F.T.
Dated, Howrah, the 18th day of September, 2017
In exercise of the powers conferred by sub-section (3) of section 1 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of 2017), the Governor is pleased hereby to appoint the 18th day of September, 2017 as the date on which the provisions of sub-section (1) of section 51 of the said Act shall come into force with respect to persons specified under clauses (a) and (b) of sub-section (1) of section 51 of the said Act and the perso

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Extension of time limit for submitting the revised declaration in FORM GST TRAN-1 under rule 120A of the West Bengal Goods and Service Tax Rules, 2017
10/WBGST/PRO/17-18 Dated:- 18-9-2017 West Bengal SGST
GST – States
GOVERNMENT OF WEST BENGAL
DIRECTORATE OF COMMERCIAL TAXES
14, BELIAGHATA ROAD, KOLKATA -700015
ORDER No.: 10/WBGST/PRO/17-18 Dated: 18/09/2017
Subject: Extension of time limit for submitting the revised declaration in FORM GST TRAN-1 under rule 120A of the West Bengal

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Hughes & Hughes Chem. Ltd. Versus Union of India & Another
GST
2017 (10) TMI 601 – DELHI HIGH COURT – TMI
DELHI HIGH COURT – HC
Dated:- 18-9-2017
W. P. ( C) 8281/2017
GST
S. Muralidhar And Prathiba M. Singh, JJ.
For the Petitioner : Mr.Amit Khemka, Advocate with Mr.Rishi Sehgal, Advocate
For the Respondents : Mr.Vikram Jetly, CGSC for R-1/UOI
ORDER
C.M.No.34059/2017 (Exemptions)
1. Allowed subject to all just exceptions.
W.P.(C) No.8281/2017 & C.M.No.34058/2017 (stay)

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Notifying section 51 of the CGST Act, 2017 for TDS
G. O. (P) No. 114/2017/Taxes Dated:- 18-9-2017 Kerala SGST
GST – States
Kerala SGST
Kerala SGST
GOVERNMENT OF KERALA
Taxes (B) Department
NOTIFICATION
G. O. (P) No. 114/2017/Taxes
Dated, Thiruvananthapuram, 18th September, 2017
S. R. O. No. 566/2017.-In exercise of the powers conferred by clause (c) of subsection (3) of section 1 of the Kerala State Goods and Services Tax Act, 2017 (20 of 2017) read with clause (d) of sub-section (1) of section 51 thereof, the Government of Kerala, on the recommendations of the Council, appoints the 18th day of September, 2017 as the date on which the provisions of sub-section (1) of section 51 of the said Act shall come into force with

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he supplier of taxable goods or services or both with effect from a date to be notified subsequently, on the recommendations of the Council, by the State Government.
By order of the Governor,
MINHAJ ALAM,
Secretary to Government.
Explanatory Note
(This does not form part of the notification, but is intended to indicate its general purport.)
On the recommendation of the Goods and Services Tax Council, the government have decided to notify that section 51 of the Kerala State Goods and Services Tax Act, 2017 (20 of 2017) shall come into force on the 18th day of September, 2017 and also to specify the category of persons under clause (d) of sub-section (1) of section 51 who shall deduct tax at source, at the rate specified under the said

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Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Jharkhand Goods and Service Tax Rules, 2017.
02/2017-GST Dated:- 18-9-2017 Jharkhand SGST
GST – States
Government of Jharkhand
Taxes Department
L.No.- Va.Kar/GST/16/2017-3519
Ranchi, Dated: 18/09/2017
Order No. 02/2017-GST
Subiect: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Jharkhand Goods and Service Tax Rules, 2017
In exercise of

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Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and Service Tax Rules, 2017
Order No. 02/2017 Dated:- 18-9-2017 Central GST (CGST)
GST
CGST
CGST
F. No. 349/58/2017-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
Order No. 02/2017-GST
New Delhi, the 18th September, 2017
Subject: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under ru

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Dhanaswaroopdas Proprietor, M/s. Megha Marketing Versus Assistant State Tax Officer, State Tax Officer, State Assistant Commissioner, State Commissioner of Goods And Service Tax and Government of India
GST
2018 (4) TMI 344 – KERALA HIGH COURT – [2018] 1 GSTL 59 (Ker), 2018 (15) G. S. T. L. 689 (Ker.)
KERALA HIGH COURT – HC
Dated:- 18-9-2017
W. P. (C). No. 29675 of 2017
GST
A.K. Jayasankaran Nambiar, J.
For the Petitioner:- Sri. Tomson T. Emmanuel ADV.
For the Respondent(s):- R1 to R4 Sri. Shamsudheen.V.K. R5 By Sreelal N. Warrier, SC, Government Pleader.
JUDGMENT
The petitioner has approached this Court aggrieved by a detention, of goods that were being transported at his instance, by the authorities under the Cent

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those circumstances that the detention was necessitated. It is his case that the petitioner cannot be prejudiced on account of a lapse on the part of the respondents in maintaining the necessary infrastructure for enabling assessees/transporters to download the necessary forms electronically.
2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, and taking note of the specific submission of the learned Government Pleader, on instructions, that the adjudication process in connection with the detention can be completed within a week from today, and taking

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Extends the period for submitting the declaration in FORM GST TRAN-1
Order No. 2-Rc.085/2016/Taxation/A1 Dated:- 18-9-2017 Tamil Nadu SGST
GST – States
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, MONDAY, September 18, 2017
Purattasi 30, Hevelambi, Thiruvalluvar Andu-2048
Order No. 2]
Rc.085/2016/Taxation/A1
ORDER
In exercise of the pow

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Extension of last date for filing GST Returns.
Trade Notice No. 07/2017-18 Dated:- 18-9-2017 Madhya Pradesh SGST
GST – States
OFFICE OF THE COMMISSIONER, GOODS & SERVICES TAX HQRS.
GST BHAWAN, NAPIER TOWN, JABALPUR (M.P.) 482001
C.No. IV(16)01/Trade Notice/HQ/JBP/Tech/2017-18
Trade Notice No. 07/2017-18
Dated 18.09.2017
Sub.: Extension of last date for filing GST Returns- Reg.
In continuation to Trade Notice 06/2017-18 dated 05.09.2017 issued under even no. 9944-64, it is brought

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E-way Bill or Challan Required for Interstate Movement of Goods for Job Work or Handicraft, Regardless of Value.
Act-Rules
GST
GST – Generation of E-way bill / Challan shall be mandatory (irr

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GST Rules 2017 Updated: Amendments to Rules 120, 122, and 124 Target Anti-Profiteering and Compliance Improvements.

GST
Anti-Profiteering Authority – Certain provisions under Rules 120, 122

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