Author: admin_gst

The Union Finance Minister, Shri Arun Jaitley:The National Trade Facilitation Action Plan (NTFAP) aims to align border procedures with international best practices and improve Ease of Doing Business; Dr Kunio Mikuriya, Secretary General, World Customs Organization (WCO) calls on the Finance Minister and praises the massive reforms undertaken by the present Government in the Indian Taxation System including implementation of GST – Goods and Services Tax – GST – Dated:- 22-7-2017 – The Union Finance Minister, Shri Arun Jaitley said that the National Trade Facilitation Action Plan (NTFAP) aims to align border procedures with international best practices and improve Ease of Doing Business. He said that it would not only ensure compliance with t

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es taken by the Indian Customs to facilitate trade particularly the release of the National Trade Facilitation Action Plan (NTFAP). While praising the massive reforms undertaken by the present Government in the Indian Taxation System including implementation of GST, Dr Mikuriya said that the efforts made with regard to outreach and capacity building before implementation of GST in India can be emulated by many other countries. Dr Kunio Mikuriya further mentioned about WCO working with G-20 on illicit financial flows. He sought Indian support for the study on illicit financial flows and plugging of trade based money laundering. Dr Kunio Mikuriya, Secretary General, WCO is on a two day official visit to India. Earlier, he along with the Chair

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Goods and Services Tax – Started By: – tarun verma – Dated:- 22-7-2017 Last Replied Date:- 25-7-2017 – sir please provide me gst rate on money transfer and is commission on money transfer is amounts to turnover or transfeered amount + commission cover under the turnover. – Reply By Kishan Barai – The Reply = Do you have Business of Finance / Money Transfer or you just need to transfer money to some ones bank account ?? – Reply By MARIAPPAN GOVINDARAJAN – The Reply = The querist may give informa

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Customs – Import – Export – SEZ – By: – Kishan Barai – Dated:- 22-7-2017 Last Replied Date:- 27-7-2017 – No amendments have been made to the drawback provisions (Section 74 or Section 75) under Customs Act 1962 in the GST regime. Hence, the drawback scheme will continue in terms of both section 74 and section 75. Option of All Industry Rate (AIR) as well as Brand Rate under Section 75 shall also continue. Drawback under section 74 will refund Customs duties as well as Integrated Tax and Compensation Cess paid on imported goods which are re-exported. At present Duty Drawback Scheme under section 75 neutralises Customs duty, Central excise duty and Service Tax chargeable on any imported materials or excisable materials used or taxable services used as input services in the manufacture of export goods. Under GST regime, Drawback under section 75 shall be limited to Customs duties on imported inputs and Central Excise duty on items specified in Fourth Schedule to Central Excise Act 1944 (

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ndustry Rates for the transition period shall be notified before 1.7.2017. The AIR for post transition period shall be notified in due course of time. The certificates from jurisdictional GST officer as referred above may not be available during initial days. As per Systems design, whenever higher rate (composite rate) of drawback is claimed, the non-availment of credit certificate is a mandatory document and unless it is recorded as available, shipping bill will not move to LEO stage. In such a situation, all field formations shall ensure that exports are not delayed for requirement of the said certificate. The way out in such situation for the exporter is to amend the shipping bill to claim lower rate. The exporter will have an option to file supplementary claim as per Drawback Rules at a later date once the certificate is obtained. A similar issue in respect of Cenvat credit has been examined and clarified in the past vide Instruction no. 609/159/2016-DBK dated 13.03.2014. Secondly,

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s, namely: – (a) he may supply goods or services or both under bond or Letter of Undertaking, subject to such conditions, safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of unutilised input tax credit; or (b) he may supply goods or services or both, subject to such conditions, safeguards and procedure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied, in accordance with the provisions of section 54 (Refunds) of the Central Goods and Services Tax Act or the rules made there under (i.e Refund Rules 2017). For the option (a),procedure to file refund has been outlined in the Refund Rules under GST. The exporter claiming refund of IGST will file an application electronically through the Common Portal, either directly or through a Facilitation Centre notified by the GST Commissioner. The application shall be accompanied by documentary evidences as prescribed in the said

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ing Bill formats including Courier Shipping Bill are being amended to include GSTIN and IGST related information so as to ensure that the export benefits like refund of IGST paid as well as accumulated input tax credit can be processed seamlessly. For the benefit of the trade, modified Forms have been hosted on the departmental website, www.cbec.gov.in. Further, suitable notifications shall be issued to amend the relevant regulations and introduce modified Forms. XV. Export under factory stuffing procedures: In the context of GST, taking into account the obligation of filing GSTR 1 and GSTR 2 by exporters who are registered under GST, Board intends to simplify the procedure relating to factory stuffing hitherto carried out under the supervision of Central Excise officers. It is the endeavour of the Board to create a trust based environment where compliance in accordance with the extant laws is ensured by strengthening Risk Management System and Intelligence mechanism of the department.

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Customs – Import – Export – SEZ – By: – Kishan Barai – Dated:- 22-7-2017 Last Replied Date:- 6-8-2017 – Case 1.-Where product attracts IGST but not CVD Suppose Assessable Value (A.V.) including landing charges =Rs. 100/- (1) BCD- 10% (2) IGST-12% (3) Education cess – 2% (4) Higher education cess -1% In view of the above parameters, the calculation of duty would be as below: (a) BCD = ₹ 10 [10% of A.V.] (b) Education cess- ₹ 0.2 [2% of (a)] (c) Higher education cess- ₹ 0.1 [1% of (a)] (d) IGST- ₹ 13.236 [A.V.+(a) +(b) +(c)]x12% Case 2. Where product does not attract CVD but attract IGST as well as compensation cess Suppose Assessable Value (A.V.) including landing charges =Rs. 100/- (1) BCD- 10% (2) IGST-12% (3) Educ

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+ BCD) (c) Education cess- ₹ 0.464 [2% of (BCD+CVD)] (d) Higher education cess- ₹ 0.232 [1% of (BCD+CVD)] (e) IGST- ₹ 34.69 [A.V.+(a)+(b)+(c)+(d)]x 28% Case 4. Where product attract CVD, IGST& Compensation cess: Suppose Assessable Value (A.V.) including landing charges =Rs. 100/- (1) BCD- 10% (2) CVD- 12% (3) IGST-28 % (4) Education cess – 2% (5) Higher education cess -1% (6) Compensation cess-10% In view of the above parameters, the calculation of duty would be as below: (a) BCD = ₹ 10 [10% of A.V.] (b) CVD = ₹ 13.2 [ 12% of (A.V.+ BCD) (c) Education cess- ₹ 0.464 [2% of (BCD+CVD)] (d) Higher education cess- ₹ 0.232 [1% of (BCD+CVD)] (e) IGST- ₹ 34.69 [A.V.+(a)+(b)+(c)+(d)]x 28% (f) Compe

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gears up for GST roll-out Guidance Note for Importers and Exporters PDf Page No. 9, 10 and 11 please select below link to see this.http://www.cbec.gov.in/resources//htdocs-cbec/deptt_offcr/gst-advisory-importers-exporters-final-version-final.pdf – Reply By Ganeshan Kalyani – The Reply = Nice article . Thanks – Reply By Kishan Barai – The Reply = In view of the above parameters, the calculation of duty would be as below:(a) BCD = ₹ 10 [10% of A.V.](b) Education cess- ₹ 0.2 [2% of (a)](c) Higher education cess- ₹ 0.1 [1% of (a)](d) IGST- ₹ 13.236 [A.V.+(a)+(b)+(c)]x12%(e) Compensation cess- ₹ 11.03 [A.V.+(a)+(b)+(c)]x 10% [Small Correction from my above Post] – Reply By Nandan Khambete – The Reply = The above cal

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Goods and Services Tax – Started By: – Indrajit Gambhira – Dated:- 22-7-2017 Last Replied Date:- 20-8-2017 – Sir,We are a Ecommerce seller. Ecommerce marketplaces are currently receiving Commission, shipping charges and other fees from us for selling our goods on their platform.They are alo receiving GST on services from us mentioned above.Please let us know if we can utilise this on our output tax against supply of goods to consumers. – Reply By RAMESH PRAJAPATI – The Reply = All registered pe

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GST – States – 12-4/78-EXN-Tax-(278/15) – Dated:- 22-7-2017 – EXCISE AND TAXATION DEPARTMENT OFFICE ORDER Shimla, the 22nd July, 2017 Subject.-Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the HP GST Rules, 2017. No. 12-4/78-EXN-Tax-(278/15).-In exercise of the powers conferred by section 168 of the Himachal Pradesh Goods and Services Tax Act, 2017 the Department hereby extends the period for filing an intimation in FORM GST CMP-01 under sub-

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GST – States – 01/2017-GST – Dated:- 22-7-2017 – OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES, (Karnataka) Vanijya Terige Karyalaya, Gandhinagar, Bengaluru-560009 ORDER NO. KSA.GST.CR.01/17-18 (01/2017-GST), Dated: 22.07.2017 In exercise of the powers conferred under sub-rule (1) of rule 3 of the Karnataka Goods and Services Tax Rules,2017, it is hereby notified that the period for filing intimation in FORM GST CMP-01 under the said sub-rule is extended upto 16th August, 2017. RITVIK PANDEY C

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GST – States – FIN-CT1-TAX-0045-2017-21985/F – Dated:- 22-7-2017 – GOVERNMENT OF ODISHA FINANCE DEPARTMENT Memo No. FIN-CT1-TAX-0045-2017-21985/F The 22nd July, 2017 To All Departments of Government/ All Heads of Department Sub: Works Contracts and Tax Deduction at Source (TDS) under GST. The Goods and Services Tax has come into force w.ef 1st July, 2017. Central Taxes like Central Excise Duty, Service Tax, Additional Duties of Excise, Additional Duties of Excise (Textile and Textile products), Special Duties of Customs etc. and State taxes like VAT, Entry Tax, CST, Entertainment Tax etc. are subsumed in GST. GST has two components; Central GST (CGST) is collected by the Centre and State GST (SGST) is collected by the State. Integrated GST

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rnment agencies; or (d) Such persons or category of persons as may be notified by the Government on the recommendations of Council, (hereafter in this section referred to as the deductor ), to deduct at the rate of one percent from the payment made or credited to the supplier (hereafter in this section referred to as the deductee ) of taxable goods or services or both, where the total value of such supply, under a contract, exceeds two lakh and fifty thousand rupees: 3. The person in charge of making payment (DDO) is required to be registered under OGST Act or CGST Act. He is to apply in FORM GST REG-7 for registration through GSTN portal. The DDO is required to have Tax Deduction and Collection Account Number (TAN), e-mail ID and Mobile Nu

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stipulated date attracts interest @ 18% on the amount of tax deducted. 5. The TDS has been deferred by two months, but DDOs should be registered by 31st August 2017. The Departments are advised to instruct their DDOs to take registration by 31st August, 2017, The deductor may be instructed that if the invoice has been issued prior to 1st July, 2017 and payment is made after 1st July, 2017, no deduction under GST shall be made upto 31.08.2017. 6. Under GST, works contract is a Composite service, taxable at 18% (CGST 9% + SGST 9%). The works contractor will avail Input Tax Credit (ITC) on the inputs used for execution of works contract. For example, in case of a building contract, he will pay tax at the rate of 18%, but he Will avail of tax p

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Goods and Services Tax – GST – Dated:- 21-7-2017 – New Delhi, Jul 21 (PTI) The GST Council at its meeting next month is likely to take up taxation issues raised by sectoral bodies along with a review of the implementation of the new tax regime, a top official said. Central Board of Excise and Customs (CBEC) Chairperson Vanaja Sarna also said the department is keeping track of revenue trends post the GST rollout from July 1, but actual positions will be known after returns are filed in September. The GST Council, chaired by Finance Minister Arun Jaitley and comprising state counterparts, will meet on August 5 to review implementation of the new tax regime. Different issues will be coming to the table (at the next Council meeting). Things th

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Goods and Services Tax – Strategy for audits in 2017-18 consequent to GST – Audit by Central Excise and service Department to continue for the accounting year 2016-17 and for the past period – Circular – TMI Updates – Highlights

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Goods and Services Tax – GST CMP – 07 – Form GST CMP-07 [See rule 6(6) ] Reference No. << >> Date- To GSTIN Name Address Application Reference No. (ARN) Date – Order for acceptance / rejection of reply to show cause notice This has reference to your reply dated filed in response to the show cause notice issued vide reference no. – dated . Your reply has been examined and the same has been found to be satisfactory and, therefore, your option to pay tax under composition scheme shall

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Goods and Services Tax – GST CMP – 06 – Form GST CMP – 06 [See rule 6(5)] Reply to the notice to show cause 1. GSTIN 2. Details of the show cause notice Reference no. Date 3. Legal name 4. Trade name, if any 5. Address of the Principal Place of Business 6. Reply to the notice 7. List of documents uploaded 8. Verification I ________________________________ hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and not

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Goods and Services Tax – GST CMP – 05 – Form GST CMP- 05 [See rule 6(4)] Reference No. << … >> << Date >> To GSTIN Name Address Notice for denial of option to pay tax under section 10 Whereas on the basis of information which has come to my notice, it appears that you have violated the conditions and restrictions necessary for availing of the composition scheme under section 10 of the Act. I therefore propose to deny the option to you to pay tax under the said sec

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Goods and Services Tax – GST CMP – 04 – Form GST – CMP-04 [See rule 6(2) ] Intimation/Application for Withdrawal from Composition Levy 1. GSTIN 2. Legal name 3. Trade name, if any 4.Address of Principal Place of business 5. Category of Registered Person (iv) Manufacturers, other than manufacturers of such goods as may be notified by the Government (v) Suppliers making supplies referred to in clause (b) of paragraph 6 of Schedule II (vi) Any other supplier eligible for composition levy. 6. Natur

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Goods and Services Tax – GST – Dated:- 21-7-2017 – To reply the queries of the taxpayers and tax officials and to deal with issues related to the implementation of Goods and Services Tax Network (GSTN), Government has constituted a GST Feedback and Action Room (FAR) w.e.f. 26-06-2017. Main purpose of FAR is reviewing the information, calls, media inputs etc received from Ministries, State Governments, field formations, social media, news channels, emails etc. A team of officers monitor various

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Goods and Services Tax – GST – Dated:- 21-7-2017 – Till 18th July 2017, the total number of GSTIN registrations is 77,55,416. No major problems have been reported post Goods and Services Tax (GST) from the field offices across the country Internet is not required for doing / conducting business. It would be required only for the purpose of filing of returns under GST. The Government has ensured that the return filing process is made convenient for all taxpayers by setting up help desks in every

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Goods and Services Tax – GST – Dated:- 21-7-2017 – The Government of India has setup a Central Monitoring Committee headed by the Cabinet Secretary. Three meetings of the Central Monitoring Committee have been held on 2nd July, 11th July and 18th July. The reports include the details of feedback received from various Ministries and Departments regarding the following issues: Steps taken by department to disseminate knowledge about GST. Stakeholders still not registered. Position of Prices of Products pre-GST and post-GST. Queries received, solved by GST Cell in every department. Department wise FAQs made, disseminated among its stakeholders. Success stories which could be publicized. Sector Specific training on GST required by the Ministry

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eport it on Real Time basis to the Revenue Secretary, CBEC, GSTN and other concerned authorities. A team of officers monitor various media reports for any GST related news/issues and also take further necessary action. FAR has multi-line telephone numbers which are available in the control room and these numbers have been informed to the Central and State GST officers. The emails received from the Ministries, State Governments and field formations are forwarded to the respective sections for information and feedback purpose. The immediate and long term benefits of GST are as under: Transparency and accountability in business transactions Reduction in the cascading effect of taxation and increased input tax credit utilization Rationalization

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Goods and Services Tax – Started By: – RameshBabu Kari – Dated:- 21-7-2017 Last Replied Date:- 23-7-2017 – Dear Experts,Service provider(from Telangana) issuing the invoice to Service recipient(also from Telangana) for the part services rendered in Telangana and rest of the Service rendered in Andrra Pradesh. But Service recipient is GST registered only from Telangana State and doesn't registered in Andhra Pradesh and also he doesn't have any fixed place of business in Andhra Pradesh. I

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Goods and Services Tax – GST CMP – 03 – Form GST -CMP-03 [See rule 3(4)] Intimation of details of stock on date of opting for composition levy (Only for persons registered under the existing law migrating on the appointed day) 1. GSTIN 2. Legal name 3. Trade name, if any 4. Address of Principal Place of Business 5. Details of application filed to pay tax under section 10 (i) Application reference number (ARN) (ii) Date of filing 6. Jurisdiction Centre State 7. Stock of purchases made from regis

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Goods and Services Tax – GST CMP – 02 – Form GST CMP -02 1[See rule 3(3) and 3(3A)] Intimation to pay tax under section 10 (composition levy) (For persons registered under the Act) 1. GSTIN 2. Legal name 3. Trade name, if any 4. Address of Principal Place of Business 5. Category of Registered Person < Select from drop down>. (i) Manufacturers, other than manufacturers of such goods as may be notified by the Government (ii) Suppliers making supplies referred to in clause (b) of paragraph 6

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GST – GST CMP – 01 – Form GST CMP -01 [See rule 3(1)] Intimation to pay tax under section 10 (composition levy) (Only for persons registered under the existing law migrating on the appointed day) 1. GSTIN / Provisional ID 2. Legal name 3. Trade name, if any 4. Address of Principal Place of Business 5. Category of Registered Person < Select from drop down> (i) Manufacturers, other than manufacturers of such goods as notified by the Government (ii) Suppliers making supplies referred to in c

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Goods and Services Tax – Started By: – satbir singh wahi – Dated:- 21-7-2017 Last Replied Date:- 25-7-2017 – Kindly guide the GST rates for following Job work relates to Yarn and Fabric for garment manufacturing.Whether 5% or 18%. Group 99882 Textile, wearing apparel and leather manufacturing services 998821 Textile manufacturing services 998822 Wearing apparel manufacturing services – Reply By satbir singh wahi – The Reply = SIRPls clarify Gst rate for garment Job work – Discussion-Forum – Kno

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Goods and Services Tax – Started By: – Siddharaj Deora – Dated:- 21-7-2017 Last Replied Date:- 26-7-2017 – Are seeds (of Cereals, Pulses, Oil Seeds) sold to farmers for sowing by the STATE SEEDS CORPORATION under their registered brand name liable for GST? Which HSN codes will be applicable? Do they fall under Chapter 10 or 12?Also Chapter 10 is for Cereals – both branded and unbranded. Than what about Pulses? Which Chapter does it fall? There is no mention about pulses in the Tax Rates and HSN

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Goods and Services Tax – Started By: – N Balachandran – Dated:- 21-7-2017 Last Replied Date:- 23-7-2017 – Sir,Can u please clarify the following in respect of unutilised Credit :1. we are manufacture of Wind Mills. Wind mill will attract GST @ 5% but when purchase the components, cables and panel etc the rate of GST @ 18% or @28% is applicable . if so, can we claim refund of Excess unutilised credit?2. When we undertake construction work, We discharge the GST @ 18%. Now my question is, the project is executed under loss and the situation arises the Excess credit available at the end of the project. if so, can we claim refund the unadjusted Credit or the same can be adjusted against out put tax payable on some other contract?i shall be than

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e same can be adjusted against out put tax payable on some other contract?Credit ledger is summary of total cerdit available to you for the payment of output tax.so you can adjusted for the other contract. subject GSTN wise not one state to other state. – Reply By Kishan Barai – The Reply = If you pay Excess GST on raw materials & receive less GST in sales then you can not get refund of excess GST paid, simply Excess GST paid would turn into your more Cost of production – Reply By Ganeshan Kalyani – The Reply = Refund is allowed for inverted duty structure i.e. the tax paid on input is more than the the tax payable on output GST. Further to avail credit one to one correlation is not required. – Reply By vk agarwal – The Reply = 1. Yes,

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Goods and Services Tax – Started By: – SHIVKUMAR SHARMA – Dated:- 21-7-2017 Last Replied Date:- 24-7-2017 – Dear ExpertsPlease note that we have mfg.unit at near by Bharuch in Gujarat & having additional place of Business(From where we sold the goods in retail) at Bharuch -Gujarat having same GST Number.Please confirm the following.1 .While Despatch of goods from our Manufacturing unit nearby Bharuch to our additional place of busines at Bharuch what document we have to prepared, Tax Invoice or stock Transfer Challan.2.If Prepared Tax Invoice Than we can take the ITC at additional place of business.Presently we are preparing challan mentioning stock transfer & prepared Tax invoice at additional place of business.Please give your ex

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