Author: admin_gst

Goods and Services Tax – Started By: – N Balachandran – Dated:- 21-7-2017 Last Replied Date:- 23-7-2017 – Sir,1. Can u please clarify the GST rate applicable on parts and procured for Wind Mills ( Wind Electric generator ) Renewable energy device.2. We are manufacturer of wind mills and the GST is applicable on Wind Mill is 5%. When we undertake supply and erection including civil works , DP yard etc., What will be rate of GST on the whole?3. What is the GST rate if we undertake civil work including land?RegardsN.Balachandran – Reply By vk agarwal – The Reply = My comments are as follows: 1. Parts , which are designed for use solely with wind mills and are not covered under any other heading of chapter 84 or 85 will attract 5% rate under h

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Goods and Services Tax – GST – Dated:- 21-7-2017 – Question 1: What is GST? Answer: GST stands for Goods and Services Tax, which is levied on supply of goods or services. Supply is a legal term which has very broad sweep and various types of economic activities are covered by it. For example, sale of goods is a type of supply. Question 2: On what supply is GST levied? Answer: GST is levied on all types of supplies which are – (i) made for a consideration and (ii) are for the purpose of furtherance of business. There are some exceptions when these conditions are not met, yet supply is considered to have been made, for example, interstate stock transfer of goods even without consideration or importation of services even if not in the furtherance of business. Question 3: Will GST be levied on all goods or services or both? Answer: No, GST will not be levied on alcohol for human consumption. GST on Crude, Motor Spirit (Petrol), High Speed Diesel, Aviation Turbine Fuel and Natural Gas will

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various permissions, audit etc. under the Act? Answer: No, a registered person will have to approach only one tax authority for all practical purposes. Each registered person would have one tax administration office, either of the Centre or of the State. Legal provisions (called crossempowerment) have been made to ensure that one officer can discharge all functions under CGST, SGST and IGST Act. The registered person would be informed of the tax administration concerned with him. A single registration is granted for the purposes of CGST, SGST/UTGST and IGST. Question 6: What is destination based consumption tax? Answer: When a supply originates in one State and is consumed in another State, tax can accrue to either of the two States. In a destination based consumption tax, taxes accrue to the State where the supply is consumed. In origin based tax, the tax accrues to the State where the supply originates. GST is basically a destination based consumption tax. For example, if a car is ma

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ly made by him). This is known as input tax credit for the recipient. Question 9: Is GST going to increase compliance burden on the trade? Answer: No. On the contrary GST will result in streamlining of processes and reduction of compliance burden. GST is a simple tax which uniformly applies across the country. GST has been designed to have minimal human interface and would be implemented through strong IT platform run by GSTN. Also, in the earlier regime there were multiple compliances required for taxes such as Central Excise, Service tax, VAT etc. with Centre and State. GST makes it single and uniform compliance for indirect taxes across the country. Under GST, there is just one interface with no face-to-face meeting between taxpayers and tax authorities and practically every activity will be done online. Question 10: What is the threshold for registration in GST? Answer: A person having business which has aggregate turnover of more than ₹ 20 lakhs calculated for a given PAN ac

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n? Answer: No. Question 14: How do I make supply, if I have not applied for registration? Answer: You should apply for registration at the earliest on the GST common portal and obtain application reference number (ARN). You need not disrupt your business and may continue to make supplies on invoices without GSTIN. The application for registration must be made within 30 days of the turnover crossing ₹ 20 lakhs or attracting any of the conditions mentioned in section 24 of the CGST Act, 2017. After registration, you can issue revised invoices as permitted under section 31(3)(a) of the said Act. These supplies should be shown in the return and taxes paid on them. Question 15: How can an application for fresh registration be made under GST? Within what time will registration be granted? Answer: Application for fresh registration is to be made electronically on the GST common portal (www.gst.gov.in) in FORM GST REG-01. If the details and documents are in order, registration will be gr

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have a turnover of twenty-five lakhs rupees per annum. I print only Children s picture, drawing or colouring books which are exempt from GST. Do I need to register? Answer: No. A person dealing with only exempted supplies is not liable to registration irrespective of his turnover. Section 23(1)(a) of the CGST Act, 2017 refers. Question 19: If I register voluntarily though my turnover is less than ₹ 20 lakhs, am I required to pay tax on supplies made post registration? Answer: Yes. If you obtain voluntary registration despite the turnover being below ₹ 20 lakhs, you would be treated as a normal taxable person and would need to pay tax on supplies even if they are below the threshold for registration. You will also be entitled to take input tax credit. Question 20: How will taxpayer get the certificate of registration? Answer: The taxpayer can himself download the certificate of registration online from the GST common portal (www.gst.gov.in). Question 21: Can registration par

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cessarily required to be registered under GST? Answer: No, there is no provision requiring that a manufacturer irrespective of threshold or nature of supply to register himself under GST. For example, a manufacturer dealing only in exempted goods or where his turnover is only intra-State and below ₹ 20 lakhs, is not required to be registered. Question 24: Who is liable to issue a tax invoice and how many copies are required to be issued? Answer: Every registered person (other than a registered person availing the benefit of composition or a registered person supplying exempted goods or services) supplying goods or services or both is required to issue tax invoice . Invoice should be issued in triplicate in case of supply of goods. The original copy is meant for buyer, duplicate for transporter and triplicate copy for record of the seller. A registered person under composition scheme or supplying exempted goods or services shall issue a bill of supply instead of a tax invoice. Que

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voice be issued for goods? Answer: Tax invoice for goods shall be issued on or before the time of removal/delivery of goods. In case of continuous supply of goods, it shall be issued on or before the time of issue of statement of accounts /receipt of payment. Question 28: In case of supply of exempt goods or when tax is paid under Composition Scheme, is the registered person required to issue a tax invoice? How a bill of supply is different from a tax invoice? Answer: No. In such cases, the registered person shall issue a Bill of Supply and not a tax invoice. The bill of supply is different from a tax invoice both in name and details contained. While most of the details to be provided in a bill of supply are similar to tax invoice, the bill of supply does not contain the rate of tax and the amount of tax charged as the same cannot be collected. Question 29: If goods are transported in semi-knocked down condition, when shall the complete invoice be issued? Answer: When goods are transpo

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hs? Answer: Composition scheme is a scheme for payment of GST available to small taxpayers whose aggregate turnover in the preceding financial year did not cross ₹ 75 Lakhs. In the case of 9 special category States, the limit of turnover is ₹ 50 Lakhs in the preceding financial year, namely – Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and Himachal Pradesh. However, if you are a manufacturer of ice-cream, pan masala or tobacco or tobacco products or if you are a service provider other than a restaurant, you are not eligible for composition scheme. Question 32: What is the form in which an intimation to pay tax under the composition scheme needs to be made by the taxable person? Answer: Composition scheme is optional and intimation that option has been availed should be made electronically in FORM GST CMP-01 by the migrating taxable person. A person who has already obtained registration and opts for payment under composition levy subseque

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to pay tax? Answer: A registered person will have to pay GST on monthly basis on or before 20th of the succeeding month and if he has opted for composition levy he will have to pay GST on a quarterly basis on or before the 18th day of the month after the end of the quarter. Question 36: A person availing composition scheme during a financial year crosses the turnover of ₹ 75 Lakhs / ₹ 50 Lakhs during the course of the year i.e. say, he crosses the turnover of ₹ 75 Lakhs/Rs. 50 Lakhs in December? Will he be allowed to pay tax under composition scheme for the remainder of the year i.e. till 31st March? Answer: No. The option to pay tax under composition scheme shall lapse from the day on which his aggregate turnover during the financial year exceeds ₹ 75 Lakhs/ 50 Lakhs. Once he crosses the threshold, he shall file an intimation for withdrawal from the scheme in FORM GST CMP-04 within seven days of the occurrence of such event. He shall also furnish a statement in

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ut of the credit chain. He cannot take input tax credit on the supplies received. Question 39: How is a manufacturer under the composition scheme required to bill his supply? Can a registered person, who purchases goods from a composition manufacturer take input tax credit? Answer: A manufacturer opting to pay tax under the composition scheme cannot issue a tax invoice to his buyer but would issue a Bill of Supply. He cannot collect any tax supplies made by him on his Bill of Supply and is required to show only the price charged for the supply. Consequently, the registered person buying goods from a composition manufacturer cannot take input tax credit. Question 40: How would a manufacturer under the composition scheme who receives inputs or input services from an unregistered person pay GST? What will be the tax rate if the purchase is from a person availing composition? Answer: GST will have to be paid on inputs and input services received by such manufacturer under reverse charge at

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granted provisional registration and who opt for composition levy (Intimation is filed under Rule 3(1) in FORM GST CMP-01) 1st July, 2017. Persons opting for composition levy at the time of making application for new registration in the same registration application itself (The intimation under Rule 3(2) in FORM GST REG-01) Effective date of registration; Intimation shall be considered only after the grant of registration and his option to pay tax under composition scheme shall be effective from the effective date of registration. Persons opting for composition levy after obtaining registration (The intimation is filed under Rule 3(3) in FORM GST CMP-02 The beginning of the next financial year. Question 43: What is the validity of composition levy? Answer: The option exercised by a registered person to pay tax under the composition scheme shall remain valid so long as he satisfies all the conditions specified in the law. The option is not required to be renewed. Question 44: What are t

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eme can file a duly signed or verified application in FORM GST CMP-04. In case he wants to claim input tax credit on the stock of inputs and inputs contained in semi-finished or finished goods held in stock by him on the date of withdrawal, he is required to furnish a statement in FORM GST ITC-01 containing the details of such stock within a period of thirty days of withdrawal. Question 46: Will withdrawal intimation in any one place be applicable to all places of business? Answer: Yes. Any intimation or application for withdrawal in respect of any place of business in any State or Union territory, shall be deemed to be an intimation for withdrawal in respect of all other places of business registered on the same Permanent Account Number. Question 47: Can a person paying tax under composition scheme make exports or supply goods to SEZ? Answer: No, because exports and supplies to SEZ from Domestic Tariff Area are treated as inter-State supply. A person paying tax under composition schem

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? Answer: No, registered person under the composition scheme will not pay taxes every month. He would file return and pay taxes on a quarterly basis i.e. for each quarter of the financial year. Due date for payment of tax for them would be on or before the 18th day after the end of such quarter. Question 51: What are the accounts a manufacturer under the composition scheme needs to maintain? Answer: Rules on Accounts and Records provide details of the accounts to be maintained. They are maintained under normal course of business by any small manufacturer. The details to be maintained in accounts inter-alia consists of goods supplied, inward supplies attracting reverse charge, invoices, bills of supply, delivery challans, credit notes, debit notes, receipt vouchers, payment vouchers, refund vouchers etc. Question 52: Does a manufacturer under the composition scheme need to maintain details of accounts of every supply received and made? Answer: No, the requirement to maintain detailed ac

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wing the conditions specified in rules in this regard. Question 55: Whether a registered person under the FAQ: MSME composition scheme needs to learn HSN code of any input purchases and output supplies? Answer: No, a registered person under the composition scheme would not need to specify HSN code of their products in bill of supply or return. Question 56:. What return a registered person under the composition scheme needs to file and at what frequency? Answer: A registered person under the composition scheme of GST is required to furnish quarterly return called GSTR-4 between the 11th day and 18th day of the month succeeding the quarter. Question 57: What details are required to be furnished in the return to be filed by the registered person under the composition scheme? Answer: GSTR-4 may be referred for details required to be filled in the return. It is a very simple return containing consolidated details of outward supplies, details of import of services or other supplies attractin

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Goods and Services Tax – GST – Dated:- 21-7-2017 – Question 1: As per Chapter 53 heading 5303 of the GST rate schedule, raw jute has been kept at the NIL rate slab. Thus, it is presumed that suppliers dealing only in raw jute are not required to register themselves under GST. But Jute Mills are asking their raw jute suppliers to mandatorily register themselves else their supplies would not be accepted. Please clarify whether raw jute suppliers are liable for registration? Answer: Raw jute has been kept at NIL rate of GST i.e. there would be no tax on raw jute. Therefore, as per Section 23 (1) (a) of the CGST Act, 2017 the suppliers dealing only in raw jute are not required to register. Jute mills are not required to pay tax under Reverse Charge Mechanism (RCM) as mentioned under Section 9(4) of the CGST Act, 2017 because both the goods have been kept at NIL rate of duty. Similarly, Raw Silk has also been kept at NIL rate of GST i.e. there would be no tax on raw silk. Therefore, the su

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1000/- is 12%. Is this value transaction value or MRP? Answer: As per the rate schedule, all goods of sale value not exceeding ₹ 1000/- per piece would be taxed at 5% and the goods of sale value exceeding ₹ 1000/- per piece would be taxed at 12%. Therefore, it is the sale value i.e. the transaction value on which the tax has to be paid and not the MRP. Question 5: No rates have been announced for Jute bags and Jute blended bags. It is feared that they may be placed under Chapter 42 for leather wherein the rate for leather bags is indicated as 28%. It is suggested that the Jute bags may be kept at zero % to promote production of green Jute Diversified products for combating pollution and safe guarding environment? Answer: The bags made of jute are clearly specified in the rate schedule under heading 4202 22 30. The rates for Hand bags and shopping bags of jute is 18%. Question 6: Man-made textile yarns have been kept at 18% while fabrics have been kept at 5%. If I buy yarn w

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y if the entire GST has already been paid? (b) What would happen to my opening stock on 1st July 2017. Will I get input credit on it or do I just need to supply it after adding 5% GST on it? (c) Is government assuring of payment within 180 days. There are rumours that the wholesaler/retailer has to pay within 180 days. Is it true? (d) How will I make my invoices if a buyer under the composition scheme come to buy our sarees? (e) We are confused about GST implementation as there was no tax on us before. Will we get relaxation for the return filing? Answer: (a) You can issue a credit note in respect of the goods returned and adjust your tax liability if the person returning the goods has reversed the credit availed by him at the time of original supply. Such credit note cannot be issued after September of the fol lowing year or filing of annual return whichever is earlier. (b) Full credit of the tax paid on the stock would be available if the documents evidencing tax pay ment are availab

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the government is not assuring payment within 180 days. (d) A normal invoice has to be issued irrespective of whether the buyer is under composition scheme or not. The difference would be only when you receive supplies from the person registered under the composition scheme. (e) Relaxation in filing of returns for the month of July and August, 2017 has already been provided as per which for the first two months of GST implementation, the tax would be payable based on a simple return (Form GSTR- 3B) containing summary of outward and inward supplies which will be submitted before 20th of the succeeding month. However, the invoice-wise details in regular GSTR – 1 would have to be filed for the month of July and August, 2017 as per the timelines given below: Month GSTR – 3B GSTR – 1 GSTR-2 (auto populated from GSTR-1) July, 2017 By 20th August By 5th Setember 6th – 10th September August, 2017 By 20th Setember By 20th Stember 21st – 25th September Question 8: I have a manufacturing unit of

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4% VAT. Also we are doing job work of textile lamination for some customers. Our invoice value is sum total of raw material used for job work, labour charges and profit. Under GST regime: (a) Whether we will get input credit on material? (b) How can we make invoice, which rate, or we have to make two different invoice, one for material used for lamination and other for service charges? Answer: (a) Yes. You would be eligible for credit of tax paid on material used for job work. (b) No. You are not required to raise two different invoices. You would be raising one invoice similar one to what you have been doing till now and GST at the applicable rate will be charged on the invoice value. You can pay your tax liability by using Input Tax Credit (ITC). However, invoice should carry all the details as required by the CGST Act, 2017 and the CGST Rules. Question 11: We are in Furnishing Fabrics Industries for curtain and upholstery fabrics. We mainly deal in Woven, Knitted, Polyester and Coa

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e rate of 5% would be chargeable on the job process relating to the textile yarns (other than Man Made Fibre/ Filament) and fabrics. Sarees are treated as fabrics and a saree remains fabrics only as no new item emerges having distinct name, character and use. Stitching of two or more different kinds of fabrics also does not take away its classification. Therefore, the sarees whether embroidered or not would be taxed at the same rate at which the fabric is taxed. Question 13: Will the 5 % fabric GST be applied or 12% GST of embroidery strips/badges be applied? Answer: Embroidery strips/ badges (narrow woven fabrics) are classified under heading 5810 and chargeable to tax at 12%. Question 14: What is the difference between Fabric and Made-ups? Whether Shawl is a fabric or apparel or made-up. What is the rate on Shawls? Answer: Shawls fall in the category of articles of apparel and clothing accessories and are classified under heading 61.17, if knitted or crocheted and under heading 62.14

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having predominance of wool would fall under Chapter 51. If all kinds are in equal proportion i.e. no fibre is predominant, it will get classified in the chapter covering the fibre last in the numerical order, so Chapter 54 or 55 in case MMF are present. Question 17: What would be the GST rate on old cotton dhoti used for cleaning purpose? It is a used product recycled for cleaning purpose. Is there any GST on old dhoti because there is no VAT on old dhoti? Answer: Dhoti is classifiable under Chapter 52 or Chapter 54 as fabrics. Old dhoti is classifiable under heading 63.09 as worn clothing. The tax for chapter 63 is similar to apparels and related to sale value whereas cotton fabrics/man-made fabrics, irrespective of value, are taxed at 5%. Whatever be the classification, as presumably the old cotton dhoti would be below the sale value of ₹ 1000/- per piece, it would be taxed at 5%. Question 18: We are small traders of textile dealing in Suiting, Shirting, Sarees, Dress Material

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o the goods sold by you. (b) GST rate on fabric is flat 5% irrespective of composition. (c) Upto ₹ 1.5 cr turnover, no HSN code is required to be mentioned. For those having turnover of ₹ 1.5 to 5 Cr, first 2 digits of the HSN code are required i.e. the chapter number. Only those who have turnover above ₹ 5 Cr are required to mention 4 digits of the HSN code. You will start getting the HSN code in your supplier's invoice, so it would not cause any issues once the supplies under new regime take place. (d) ITC would be admissible as per the Transitional provisions of GST Law. (e) Rate of tax linked to the sale value applies only to garments and not for sarees and suilengths which are fabrics. Question 19: I am an un-registered trader dealing in textile fabrics which was exempted from tax under the State VAT Act. If I get registered under the GST Act, will I be eligible to avail of input tax credit on my stock of goods lying on the appointed day? Answer: Since the go

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paying central tax/integrated tax on such supply. You are allowed to enjoy the scheme for six months from the appointed day or till such stock is sold out, whichever is earlier, and tax paid by you shall be credited as central tax in your electronic credit ledger. Question 20: I am a manufacturer of readymade garments. If I send any inputs to the job worker, will it be treated as taxable supply under the GST Act? Can I supply the goods after completion of job work from the place of business of the job worker? Answer: You can send your inputs or capital goods to a job-worker for job work without payment of tax and also bring back the same, after completion of job work, within one year or three years respectively. You can also supply the inputs or capital goods from the place of business of the job worke subject to the condition condition that you have to declare the place of business of the job-worker as your additional place of business if the job-worker is not a registered person. Ho

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Goods and Services Tax – GST – Dated:- 21-7-2017 – Question 1: How are exports treated under the GST Law? Answer: Under the GST Law, export of goods or services has been treated as: inter-State supply and covered under the IGST Act. zero rated supply i.e. the goods or services exported shall be relieved of GST levied upon them either at the input stage or at the final product stage. Question 2: What will be the impact of GST on zero rating of export of goods? Answer: This will make Indian exports competitive in the international market. Question 3: Have the procedures relating to exports by manufacturer exporters been simplified in GST regime? Answer: Yes. The procedures relating to export have been simplified so as to do away with the paper work and intervention of the department at various stages of export. The salient features of the scheme of export under GST regime are as follows: The goods and services can be exported either on payment of IGST which can be claimed as refund afte

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edure in respect of the supplies made for export is same for both merchant exporter and a manufacturer exporter. Question 5: The supplies to a SEZ unit or SEZ developer are treated as zero rated supplies in the GST Law. Then why there is no specific mention in the GST Law about not charging of tax in respect of supplies from DTA unit to a SEZ unit or SEZ developer? Answer: Yes, supplies made to an SEZ unit or a SEZ developer are zero rated. The supplies made to an SEZ unit or a SEZ developer can be made in the same manner as supplies made for export: either on payment of IGST under claim of refund; or under bond or LUT without payment of any IGST. Question 6: When a SEZ unit or SEZ developer procures any goods or services from an unregistered supplier, whether the SEZ unit or SEZ developer needs to pay IGST under reverse charge or these will be zero rated supplies? Answer: Supplies to SEZ unit or SEZ developer have been accorded the status of inter-State supplies under the IGST Act. Un

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account of the exporter. Question 8: Will export of goods to Nepal and Bhutan treated as zero rated and thereby qualify for all the benefits available to zero rated supplies under the GST regime? Answer: Export of goods to Nepal or Bhutan fulfils the condition of GST Law regarding taking goods out of India. Hence, export of goods to Nepal and Bhutan will be treated as zero orated and consequently will also qualify for all the benefits available to zero rated supplies under the GST regime. However, the definition of export of services in the GST Law requires that the payment for such services should have been received by the supplier of services in convertible foreign exchange. Question 9: What is deemed export under GST Law? Whether any supply has been categorized as deemed export by the Government? Answer: Deemed export has been defined under Section 2(39) of CGST Act, 2017 as supplies of goods as may be notified under section 147 of the said Act. Under section 147, the Government ma

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y will be available for goods specified under the fourth Schedule to the Central Excise Act. IGST or CGST plus SGST will be payable by the suppliers who make supplies to the EOU. The EOU will be eligible, like any other registered person, to take Input Tax Credit of the said GST paid by its suppliers. Question 12: Whether supplies to or from EOU will be exempted from GST? Answer: No. Under the GST Law, IGST or CGST plus SGST will be payable by the suppliers who make supplies to the EOU. The EOU will be eligible to take Input Tax Credit of the said GST paid by its suppliers. The supplies from EOU will not be exempted from GST, except in the case of zero rated supplies defined under section 16 of the IGST Act, i.e. supplies made by EOU in the form of physical export or supplies to a SEZ Unit or SEZ Developer for authorized operations. Question 13: What procedure will be followed by EOU to import goods without payment of Customs duty in the GST regime? Answer: To avail such import benefit

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are engaged in the manufacture of exempted excisable goods for export. We availed input stage rebate used in the manufacture of exported goods. How would our case be dealt under GST law if our supply remains an exempt supply? Answer: Under IGST law a person engaged in export of goods which is an exempt supply is eligible to avail input stage credit for zero rated supplies. Once goods are exported, refund of unutilized credit can be availed under Section 16(3)(a) of IGST Act, 2017 and Section 54 of the CGST Act, 2017 and the rules made thereunder. Question 17: We are merchant exporters dealing in various products.As per current procedure, we purchase goods from a particular factory against CT1/ARE1 so that no excise is levied on us. After goods are exported, we provide proof of export and Form H (for sales tax exemption) to the concerned factory. How would GST impact us and what will be the process now? Answer: Taxable event in the GST regime is supply of goods. Exports being inter-Sta

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CGST/IGST is claimed, no refund of IGST paid on export goods is claimed and no CENVAT credit is carried forward. Question 19: I supply goods to SEZ units and developers. For such supplies, presently drawback is available to the recipient or to me (if recipient gives a disclaimer). What is status of such drawback under GST regime? Answer: There is no change except for the fact that if drawback is claimed by DTA supplier, the claim needs to be filed with the jurisdictional Customs Authorities. Question 20: Whether an EOU can clear goods in DTA? Answer: Yes, an EOU can clear goods in DTA in accordance with the provisions laid in the Foreign Trade Policy. Question 21: Will an exporter be required to pay GST in case of goods procured from unregistered persons (including unregistered job workers)? Answer: In case of supply by an unregistered person (including unregistered job workers), the registered person i.e., exporter shall be liable to pay GST under reverse charge mechanism. However the

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r, 2017, Drawback at higher composite rates will continue to be granted subject to certain safeguards i.e. for claiming the higher rate of drawback, the exporter has to make a declaration and certificate is required that no Input Tax Credit (ITC) of CGST/IGST is claimed, no refund of IGST paid on export goods is claimed and no CENVAT credit is carried forward. In absence of such certification, drawback will be restricted to the customs portion of drawback. Question 2: Is Drawback at a higher All Industry Rate (AIR) admissible if an exporter has not availed Input Tax Credit of GST or refund of IGST paid on exported goods ? Answer: No. After 30th September 2017, drawback will be admissible only at lower rate determined on the basis of the custom duties paid on the goods imported for supplying goods for export. Question 3: If an exporter has stock of GST paid inputs as well as inputs from pre-GST period and if inputs from both lots are used in export goods, what shall be Drawback on such

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ation for fixation of brand rate? Answer: With effect from 1st July 2017, applications for fixation of brand rate shall be filed with the Commissioner of Customs having jurisdiction over place of export of goods i.e the port/Airport/ICD etc. where Shipping Bill was filed. This shall be applicable even for exports made prior to 1st July 2017 for which application is yet to be filed. In case exports are from multiple places, application shall be filed with the Commissioner of Customs having jurisdiction over any one of the places of export of goods. Question 6: Is there also a change under the GST regime in respect of filing of application for fixation of brand rate of Drawback for supplies to SEZ units and SEZ Developers? Answer: Prior to 1st July 2017, applications for fixation of brand rate for supplies to SEZ units and SEZ Developers used to be filed with the jurisdictional Commissioner of Central Excise. With effect from 1st July 2017, applications for fixation of brand rate will be

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oods, Drawback of the same will be granted. Drawback of Basic Customs Duty plus Additional Duty of Customs (CVD) plus Special Additional Duty (SAD) paid on the goods imported prior to 1st July 2017 will be paid even if the re-export is made after 1st July 2017. Similarly, in respect of the goods imported after 1st July 2017, Basic Customs Duty plus IGST plus Compensation Cess will be paid and Drawback of all of these would be paid on re-export of such imported goods. Question 8: Under the GST regime, will benefit of exemption from all duties available under Advance authorization scheme, EPCG scheme and duty credit scrips such as Merchandise Exports from India Scheme (MEIS) & Service Exports from India Scheme (SEIS) will continue? Answer: After 1st July 2017, the benefits under all the said schemes shall be restricted only to Basic Customs Duty, Safeguard Duty, Transitional Product Specific Safeguard Duty and Anti-dumping Duty in respect of goods leviable to IGST. For items specifie

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No TDS on component of CGST, SGST and UTGST- thanks for timely Circular- more scope and clarity is desired – Income Tax – By: – CA DEV KUMAR KOTHARI – Dated:- 21-7-2017 – References and links: CIRCULAR No. 23/2017 dt. 19th July 2017 (appears applicable to all levies of GST) Circular No. 1/2014 dated 13.01.2014 (Extended NO TDS on service tax on all services) Circular No.4/2008 dated 28-04-2008 (No TDS on service tax on rent, S 194 J) CIT (TDS) Jaipur v. Rajasthan Urban Infrastructure and 239/2011) 2013 (8) TMI 12 – RAJASTHAN HIGH COURT General discussion about nature of GST and documentation aspects: GST (CGST, SGST and UTGST)- diversion at source: GST is collected by a registered supplier of goods or service provider, as a levy to be depos

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astructure (supra.) , the earlier circular was modified to extend no TDS on service tax element in cases of other services on which tax is deductible u/s 194J. As per contract or agreement: There can be a written or verbal contract or agreement. There can be contract by way of conduct between parties and also by way of trade practices. Generally GST or any levy, which is levied is to be paid by the customer / client, unless otherwise decided. This is for the reason that levy of tax is not stagnant, it may change from time to time. Therefore, tax is to be paid by customer / client, at the time when levy is attracted and at the applicable rate at that time. GST Charged separately: As per format of Tax Invoice a registered supplier/ service pr

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Goods and Services Tax – 01/2017-GST-ORder – Dated:- 21-7-2017 – F. No. 345/114/2017-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs GST Policy Wing *** New Delhi, the 21st July, 2017 Order No. 01/2017-GST Subject: Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the CGST Rules, 2017 In exercise of the powers conferred by section 168 of the Central Goods and Services Tax Act, 2017, the Board

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GST – States – ORDER No. (02)-17 – Dated:- 21-7-2017 – OFFICE OF THE COMMISSIONER, COMMERCIAL TAX, MADHYA PRADESH Mahatma Gandhi Road, Indore- 452007 Phone No. 2533359 Fax : 2536229 E-mail: commissioner.ho@mptax.mp.gov.in & https://www.mptax.mp.gov.in No./28/ 2017/24-B/One/GST/169 ORDER No. (2)/17 Indore, Dated 21.07.2017 Extension of time limit for ailing intimation for composition levy under sub-rule (1) of rule 3 of the Madhya Pradesh Goods and Service Tax Rules, 2017. In exercise of the

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GST – States – 01/2017-GST – Dated:- 21-7-2017 – NO.F.1-11(91)-TAX/GST/2017 (Part-IIIA)/6723-30 GOVERNMENT OF TRIPURA OFFICE OF THE COMMISSIONER OF TAXES P.N. COMPLEX, GURKHABASTI, AGARTALA Dated, Agartala, the 21st July, 2017. Order No. 01/2017-GST Subject: Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the Tripura State Goods and Services Tax Rules, 2017. In exercise of the powers conferred by section 168 of the Tripura State Goods and Servi

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GST – States – CCT/26-2/2017-18/1/1559 – Dated:- 21-7-2017 – GOVERNMENT OF GOA Department of Commercial Taxes __ Order CCT/26-2/2017-18/1/1559 Subject: Extension of time limit for filing intimation for composition levy under sub-rule (1) of Rule 3 of the Goa Goods and Services Tax Rules, 2017. In exercise of the powers conferred by Section 168 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017), the Commissioner of State Tax hereby extends the period of filing an intimation of FORM

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GST – States – 1557/ST-11 – Dated:- 21-7-2017 – ORDER Subject: Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the HGST Rules, 2017 In exercise of the powers conferred by section 168 of the Haryana Goods and Services Tax Act, 2017. I, Shyamal Misra, the Commissioner of the State tax, Haryana, hereby extend the period for filing an intimation in FORM GST CMP-01 under sub-rule (1) of rule (3) of the Haryana Goods and Services Tax Rules, 2017 upto

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GST – States – 01/2017-(MGST) – Dated:- 21-7-2017 – Government of Maharashtra, Finance Department Department of State Tax (Goods and Services Tax) GST Bhavan, Mazgaon Mumbai-400010 Order No. 01/2017-(MGST) No. JC(HQ)-1/GST/Inti.Dt. Comp./CMP-01/17-18/ADM-8 dated the 21st July 2017 Subject: Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the Maharashtra Goods and Services Tax Rules, 2017 In exercise of the powers conferred by section 168 of the

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GST – States – No. F.17(131) ACCT/GST/2017/2258 – Dated:- 21-7-2017 – Government of Rajasthan Commercial Taxes Department ORDER Jaipur, Dated July 21, 2017 In exercise of the powers conferred by section 168 of the Rajasthan Goods and Services Tax Act, 2017 (Act No. 9 of 2017), I, Alok Gupta, Commissioner of State Tax, Rajasthan hereby extend the period for filing an intimation in FORM GST CMP-01 under sub-rule (1) of rule 3 of the Rajasthan Goods and Services Tax Rules, 2017 upto 16th August 20

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GST – States – F.No.17(131)ACCT/GST/2017/2258 – Dated:- 21-7-2017 – Government of Rajasthan Commercial Taxes Department ORDER Jaipur, Dated July 21, 2017 In exercise of the powers conferred by section 168 of the Rajasthan Goods and Services Tax Act, 2017 (Act No. 9 of 2017), I, Alok Gupta, Commissioner of State Tax, Rajasthan hereby extend the period for filing an intimation in FORM GST CMP-01 under sub-rule (1) of rule 3 of the Rajasthan Goods and Services Tax Rules, 2017 upto 16th August, 201

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GST – States – Order No. 01/2017-GST – Dated:- 21-7-2017 – GOVERNMENT OF NAGALAND COMMISSIONER OF TAXES Nagaland: Dimapur No.CT/LEG/NGST-ORD/167/2017/ 949 Dimapur, the 21st July, 2017 Order No. 01/2017-GST Subjects: Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the NGST Rules, 2017 In exercise of the powers conferred by section 168 of the Nagaland Goods and Services Tax Act, 2017, the period for filing an intimation in FORM GST CMP-01 under s

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GST – States – 09/WBGST/PRO/17-18 – Dated:- 21-7-2017 – GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA-700015 ORDER No.:09/WBGST/PRO/17-18 Dated: 21/07/2017 Subject: Extension of the time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the West Bengal Goods and Services Tax Rules, 2017 In exercise of the power conferred upon me by section 168 of the West Bengal Goods and Services Tax Ordinance, 2017 West Ben. Ord. No. II o

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GST – States – Order No. 04/2017-GST – Dated:- 21-7-2017 – GOVERNMENT OF ASSAM ORDERS BY THE COMMISSIONER OF STATE TAX, ASSAM KAR BHAWAN, MSPUR, GUWAHATI-6 Order No. 04/2017-GST Dated Dispur, the 21st July, 2017. Subject: Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the Assam Goods and Services Rules, 2017 No. CT/GST-10/2017/181.- In exercise of the powers conferred by sub-rule (1) of rule 3 of the Assam Goods and Services Tax Rules, 2017, t

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GST – States – ORDER No. (2)/17 – Dated:- 21-7-2017 – OFFICE OF THE COMMISSIONER, COMMERCIAL TAX, MADHYA PRADESH Mahatma Gandhi Road, Indore- 452007 Phone No. 2533359 Fax : 2536229 E-mail : commissioner.ho@mptax.mp.gov.in & https://www.mptax.mp.gov.in No./28/2017/24-B/One/GST/169 ORDER No. (2)/17 Indore, Dated 21.07.2017 Subject: Extension of time limit for ailing intimation for composition levy under sub-rule (1) of rule 3 Of the Madhya Pradesh Goods and Service Tax Rules, 2017. In exercis

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Customs – 94/17 – Dated:- 21-7-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS (EXPORT-II) NEW CUSTOM HOUSE, BALLARD ESTATE, MUMBAI 400 001. File No.S/6-B-25/17-18 EXP-II Date: 21.07.2017 PUBLIC NOTICE NO. 94/17 Subject: Operational problems being faced by EOU in GST regime consequent to amendment in Notification No. 52/2003-Customs dated 31.03.2003- reg. Attention of the Trade is invited to Board s Circular No. 29/2017-Customs dated 17.07.2017 issued vide F.No. DGEP/EOU/GST/16/2017. 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 notification No. 59/2017- Customs dated 30-6-2017. 3. Trade has brought out problems

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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. 4. Matter has been examined. It has been decided by Board, 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 to clarify that the requirements of information about estimated quantity and value of goods to be imported are to be provided under Rule 5(1)(a) of the (Import of Goods

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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. 5. Difficulties faced, if any, may be brought to the notice of the undersigned. Sd/- (Prachi Saroop) Commissioner of Customs (Export-II) – Circular – Trade Notice – Public Notice – Instructio

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GST – States – 01/2017-GST – Dated:- 21-7-2017 – ORDER By the Commissioner of State Tax, Gujarat State, Ahmedabad Dated 21st July, 2017 Order No. 01/2017-GST No.GSL/S.168/B.2 Subject: Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the SGST Rules, 2017 In exercise of the powers conferred by section 168 of the Gujarat (Goods and Services Tax Act, 2017, the Commissioner of State tax hereby extends the period for filing an intimation in FORM GST C

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GST – Order No. 01/2017-GST – Dated:- 21-7-2017 – F. No. 345/114/2017-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs GST Policy Wing *** New Delhi, the 21st July, 2017 Order No. 01/2017-GST Subject: Extension of time limit for filing intimation for composition levy under sub-rule (1) of rule 3 of the CGST Rules, 2017 In exercise of the powers conferred by section 168 of the Central Goods and Services Tax Act, 2017, the Board hereby extends

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Notification under Section 50/2017 of Customs, Act, 1962 Sub section (1) of Section 25 of Customs Act 1962 seeks to supersede notification No. 12/2012- Customs dated 17.03.2012 and prescribes effective rates of customs duty and IGST for goods imported into India Customs – Customs – PUBLIC NOTICE NO. 181/2017 – Dated:- 21-7-2017 – MINISTRY OF FINANCE, DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS, CHENNAI-II CUSTOMS HOUSE, 60, RAJAJI SALAI, CHENNAI – 600001

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Notification under Section 54/2017 of Customs Act, 1962 Sub section (1) of Section 25 of Customs Act 1962- seeks to exempt education cess on IGST and Compensation cess on import of good -Customs – Customs – PUBLIC NOTICE NO. 185/2017 – Dated:- 21-7-2017 – MINISTRY OF FINANCE, DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS, CHENNAI-II CUSTOMS HOUSE, 60, RAJAJI SALAI, CHENNAI – 600001 F.No. S.Misc.01/2017 – Appg. Main Dated: 21.07.2017

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Goods and Services Tax – Started By: – CA.ANCHAL RASTOGI – Dated:- 20-7-2017 Last Replied Date:- 23-7-2017 – A Individual have income from Rent along with trading business. may he apply for separate registration for rent and trading according to provision of section 25 (2) of cgst act by considering it that individual person having multiple verticals one rent and other trading if turn over of trading and rent both separately less than ₹ 20 L . registration needed for both verticals – Reply By THYAGARAJAN KALYANASUNDARAM – The Reply = Dear sir, As per the GST Act, you may have two registration since, different nature of activity, these will be treated as establishment of distinct persons for the purposes of CGST Act sec 25(5). Whereas

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it etc. – Reply By Kishan Barai – The Reply = No need for separate Registration , you can add more HS Code in same Business while filling or amend GST.If you need different Registration, place of Premises should be different along with PAN & Bank account – Reply By Ganeshan Kalyani – The Reply = Separate registration can be taken for different business vertical of same entity. – Reply By Kishan Barai – The Reply = Agreed but turn over of both firms would be treated as combined. 2 URD firm showing 10 , 10 Lacks turn over would be treated as 20 Lacks – Reply By Ganeshan Kalyani – The Reply = Correct. – Reply By Ganeshan Kalyani – The Reply = Yes , i agree. – Reply By KASTURI SETHI – The Reply = In the situation explained by the querist, s

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Goods and Services Tax – Started By: – TAHIRALI PITHAWALA – Dated:- 20-7-2017 Last Replied Date:- 25-7-2017 – whether composition dealer can purchase goods from another composition dealer or not. if yes what will be the effect of that transaction in the hand of recepient composition dealer? – Reply By KASTURI SETHI – The Reply = There is no such restriction. Restriction is regarding inter State sale.No adverse effect. Both buyer and seller cannot take ITC. – Reply By HimansuSekhar Sha – The Rep

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Goods and Services Tax – GST – Corrigendum to Notifications – Prescribing Rate of tax and Exemption from GST in case of Goods – TMI Updates – Highlights

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