Author: admin_gst

Goods and Services Tax – Started By: – anil sharma – Dated:- 4-7-2017 Last Replied Date:- 16-7-2017 – Dear SirPlease clarify how to and to whom send intimation for sending goods for job work. Is it also required if a registered job worker has to further send material of principal to another registered job worker?thanksAnil Sharma – Reply By Ramesh Kothari – The Reply = Intimate to ur jurisdiction office with material HSN code with Jobber address and it's end product and it's return or e

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Goods and Services Tax – GST – By: – CA Seetharaman K C – Dated:- 4-7-2017 Last Replied Date:- 25-6-2018 – The impact of various provisions of GST Law becomes more complex in the dimensions which they create as one discusses these provisions. For instance, whether a person who is doing works contract in various states requires registration in all those states? The answer could be as follows: If a person is registered in a state say in Maharashtra and he is given works contracts by his client in four different states then it would obviously be very uneconomical for him to take all the things required by him for executing the works contract from his registered address in Maharashtra He would invariably be purchasing most of his inputs locally from the state in which the works contract is executed and would therefore be unable to take input credit unless he has a local registration The question which now arises is whether the purchases made by him in another state say Kerala can by any i

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terstate sale. Now going further, if this is treated as an interstate sale then an IGST invoice would have to be raised on the recipient at his Maharashtra address for which he would be eligible to take input credit and the recipient could further do the billing for the works contract from Maharashtra by means of an IGST invoice on his client in Kerala Now if suppose the registered office of the awarder company is also in Maharashtra and it asks the contractor to bill everything on its corporate address in Mumbai irrespective of where the work is actually undertaken then what happens? Would it mean that all these contracts would be billed as local supply of services by the contractor? The dimensions of reasoning could go to great extents and only time will tell which interpretation would withstand the test of time – Reply By Pralhad Jadhav – The Reply = In case of supply of goods to a works contractor, the provisions of Section 10, would apply. Therefore, the article proceeds on an inc

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rson; The above section actually says that : .Where a Works contractor (third person) who is located in one state (say Kerala) who is awarded a works contract in another state (say Karnataka) and if such works contractor instructs a supplier of goods in that state to deliver specified goods to the awarder's premises then it would be deemed that such goods have been received by the Works Contractor and the place of supply would be the principal place of business of such person i.e Kerala, which would make it an IGST sale and would be chargeable to IGST. Again as per Section 12 (3) of the IGST Act, when the Works Contractor from Kerala executes the works contract say interior decoration contract in Karnataka by using the materials already delivered at site and providing labour /service by himself the place of supply of such service would be the location of the immovable property which is Karnataka. This means that the bill for services which would be raised by the Works Contractor wo

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Goods and Services Tax – GST – By: – Manoj Agarwal – Dated:- 4-7-2017 Last Replied Date:- 4-7-2017 – The Central Governement has issued Exemption Notification No. 8/2017-CT(Rate) dated 28-06-2017 giving relaxation to Registered Persons under GST from major (and draconian) compliance required under section 9(4) of the CGST Act, 2017. As per Section 9(4), every registered person (including composition dealer u/s (10) is required to pay GST on every inward supply (purchase) of goods or services from any unregistered person. The implication of this provision is that even if a registered person book expense of ₹ 10 say for tea/snaxs in his accounts, he is required to pay tax on the same under reverse charge mechanism. The entire trade & industry has been vehemently protesting against this provision because of enormous compliance burden which had the potential to stop buying goods or procuring services from unregistered persons who may be a very very small local vendor!! To overco

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rs during the day. That means, if the value of inward supply from unregistered persons in a day is say ₹ 5100, then tax is payable on total ₹ 5100 and not on the excess i.e. ₹ 100. There may be a situation when such inward supply include both exempted goods/services and taxable goods/services. In such cases, the value of exempted goods or services shall be ignored for calculating the aggregate value of ₹ 5000 per day. Irrespective of Value, no tax under reverse charge is payable for inward supply of any goods or services which is exempted u/s 11. The author is of the view that the limit of ₹ 5,000 per day is very low and the government should had exempted atleast ₹ 10,000 per day as suggested in the exemption schedule released by it. Though small registered taxpayers would be immensely benefited by this exemption, the same won t be able to provide much relief to the medium & large size assessee s who require to pay much more than ₹ 5000 for

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y = Dear Admin, I have revised the above article covering more issues. Kindly update the same. The chart remains same. Thanks The Central Government has issued Exemption Notification No. 8/2017-CT(Rate) dated 28-06-2017 giving relaxation to Registered Persons under GST from major (and draconian) compliance required under section 9(4) of the CGST Act, 2017. As per Section 9(4), every registered person (including composition dealer u/s 10) is required to pay GST on every inward supply (purchase) of goods or services from any unregistered person. The implication of this provision is that even if a registered person book expense of ₹ 10 say for tea/snaxs in his accounts, he is required to pay tax on the same under reverse charge mechanism. The entire trade & industry has been vehemently protesting against this provision because of enormous compliance burden which has the potential to stop buying goods or procuring services from unregistered persons who may be a very very small lo

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but from all such suppliers during the day. That means, if the value of inward supply from unregistered persons in a day is say ₹ 5100, then tax is payable on total ₹ 5100 and not on the excess i.e. ₹ 100. Time of supply of goods/services under reverse charge: The time of supply in case of goods, as per Section 12(3), when the reverse charge tax is payable, is the earlier of receipt of goods or date of payment in the books of recipient. And in case of services, as per Section 13(3), the reverse charge tax is payable on earlier of the date of payment in books of accounts or date immediately following 60 days from the date of issue of invoice. The moot question that arises is that to claim the exemption, whether one has to look at the date of receipt of goods/services, date of invoice, date of entry of invoice in books, or the date of payment. GST sathi is of the view that for the purposes of calculating exemption value of ₹ 5000 in a day, the date on which such

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ne taxpayers, the limit of ₹ 5,000 per day is very low and the government should had exempted at least ₹ 10,000 per day as suggested in the exemption schedule released by it. Though small registered taxpayers would be immensely benefited by this exemption, the same won t be able to provide any relief to the medium & large size assessee s who require to pay much more than ₹ 5000 for day-to-day expenses to small vendors/suppliers. Also, similar notification is not required to be issued by any State Government for extending parallel relief from State Tax (SGST). This is because Section 11(4) of SGST Act automatically treats the exemption notification issued by CG under CGST Act as notification for the purposes of SGST. In other words, the notification issued u/s 11(1) by Central Government has the effect of exempting both the Central Tax & the State/UT Tax. The various scenarios under which the said exemption shall be eligible are shown in the below chart for eas

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Goods and Services Tax – GST – By: – CAPRATIK DHRUVE – Dated:- 4-7-2017 – GST – Impact on Second Hand Goods Industry (an undiscussed theory) Executive Summary / Background: The industry of second hand goods in India is substantially growing since last many decades. There is a huge market of traders dealing in only second-hand commodities which include four wheelers, two wheelers and electronic items like mobiles, laptops, gaming consoles, wrist-watches, women hand bags, jewellery etc. Most of these businesses involve luxury items. Even small group commodities like books, clothes, etc. are gaining attention over the period. There are a lot of re-commerce websites, selling pre-owned luxury items including high-fashion apparel, footwear, clothing accessories, mobiles, imported stuff, etc. Such websites are gaining attention among the fashionistas who want best brands without affecting their pockets. Since the second hand goods industry has been growing much and has become an important pa

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define second hand goods. Also none of the existing laws including Excise, State VAT Laws have defined second hand goods. Looking at the definition of Goods, Section 2(52) of the Central Goods and Services Tax Act states that goods means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply . Hence second hand goods, since not specifically excluded in the definition, are included in the definition of goods and the GST law shall apply to second hand goods in the same manner as it applies to new goods. (C) Levy of GST on sale of second hand goods As per Section 7(1) of the Central Goods and Services Tax Act, the expression supply includes all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a considerat

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icant impact on the business of unregistered persons and by implementing this mechanism, the Government has shifted the burden of collecting tax from unregistered persons to registered persons. As far as the second hand trade is concerned, there can be three different sources of procurement of second hand goods on which the applicability of Reverse charge depends. We will understand this with the help of an example. ABC & Co. is a registered dealer of second hand goods being electronic items like mobiles, laptops, etc. It may procure the second hand goods from three different sources as below: Example 1: Purchases from registered dealers: ABC & Co. buys second hand mobiles in bulk from XYZ & Co., which also has a business of new and/or old mobiles and accessories. XYZ & Co. is registered with GST. Since the supplier XYZ & Co. is registered, it would issue a GST invoice and would charge GST to the recipient ABC & Co. Hence, the question of Reverse charge does not

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Mechanism would be that since the supplier is unregistered, ABC & Co. would be liable to pay tax. But this is not the fact and the reverse charge would not apply to this supply. The reason is explained below: A supply, as per Section 7(1) as stated above, shall be a taxable supply only if it fulfills all the basic conditions stated therein. In order to constitute a 'supply', the following elements are required to be satisfied: a) the activity involves supply of goods or services or both b) the supply is for a consideration unless otherwise specifically provided for c) the supply is made in the course or furtherance of business d) the supply is made in the taxable territory e) the supply is a taxable supply f) the supply is made by a taxable person. In the above example 3, the supply made by Mr. T to ABC & Co. is not made in the course or furtherance of business of Mr. T. In fact, Mr. T does not have any business of mobiles as such. Hence, the supply shall not attract t

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shall be ignored. (F) Conditions for attracting the provisions of margin scheme as per Rule 6(5): A few conditions shall be followed by a second hand goods dealer to avail the benefit of the rule of margin scheme: a) The supply should be of second hand goods only. b) Pre-owned goods are not necessarily deemed to be second hand goods or used goods. The goods should actually be used before. c) The person should be dealing in both buying and selling of second hand goods. Just one or two sales of unwanted second hand goods/assets cannot be deemed to be dealing in such goods. d) Minor processing is allowed. The dealer can carry out minor processing like repairs, refurbishing, re-boxing, etc. d) Nature of goods should not change. If different accessories and goods are bought and assembled into a new kind of product, which is different in nature as compared to the goods bought earlier, the valuation rule benefit would not apply. e) No input tax credit should have been availed on purchases. T

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or GST paid and hence, the above valuation rule does not apply. Hence, ABC & Co. shall be liable to pay GST on entire sales value and shall claim Input tax credit of GST paid on purchases. Example 2: Purchases from unregistered dealers: ABC & Co. has bought goods from an unregistered dealer (PQR & Co.) and it would have paid GST to the Government as per Reverse Charge mechanism. Since it would have already paid the tax, it will surely claim the input tax credit for GST paid and hence, the above valuation rule does not apply. Hence, ABC & Co. shall be liable to pay GST on entire sales value and shall claim Input tax credit of GST paid on purchases. Example 3: Purchases from unregistered customers: ABC & Co. has bought goods from an unregistered customer Mr. T and it would not have paid any GST to Mr. T or to Government since the provisions of Reverse Charge mechanism do not apply. Since it would have not paid the tax, the above valuation rules shall be applied. Hence

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t tax credit. So, more procedures need to be followed by such dealers. (c) The dealers who procure goods directly from end-users or customers, would carry lower tax burden i.e. no tax on purchases, and on the other hand, tax only on their margins and hence, they would end up in having a better profitability as well as a better cash flow. (H) GST Rates on second hand goods: Since there is no distinction between new goods and second hand goods under GST Law, the GST rates to be applied to used goods would be same as if they were new goods. (I) Global scenario of tax on second hand goods: The transactions of second hand goods being sold by non-taxable individuals not having business are exempt in most of the countries all over the globe. Also many of the countries having VAT/GST laws have margin schemes for dealers in second hand goods. Countries like Singapore, Malaysia have specific rules and guidance notes for taxes on second hand cars. New Zealand specifically excludes livestock and g

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s and Services Act (http://cbec.gov.in/htdocs-cbec/gst/cgst-act.pdf) 2) Integrated Goods and Services Act (http://cbec.gov.in/htdocs-cbec/gst/igst-act.pdf) 3) Determination of Value of Supply Rules (http://cbec.gov.in/htdocs-cbec/gst/valuation-gst-rules-17052017.pdf) 4) FAQs on GST by CBEC, New Delhi (http://cbec.gov.in/htdocs-cbec/gst/new-faq-on-gst-second-edition.pdf) 5) Malaysia – Guide on Relief for second-hand goods (Margin Scheme) issued by Royal Malaysian Customs (http://gst.customs.gov.my/en/rg/SiteAssets/industry_guides_pdf/New_Folder/GUIDE%20ON%20MARGIN%20SCHEME%2002112015.pdf) 6) Singapore – GST Guide for Motor Vehicle Traders (Second Edition) issued by Inland Revenue Authority of Singapore IRAS (https://www.iras.gov.sg/irashome/uploadedFiles/IRASHome/eTax_Guides/etaxguide_GST_Motor%20Vehicle.pdf) 7) New Zealand – GST on special supply rules (http://www.ird.govt.nz/gst/additional-calcs/calc-spec-supplies/calc-special/special-supplies-r-v.html) The author is a practicing Char

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Goods and Services Tax – Started By: – Krishna V – Dated:- 4-7-2017 Last Replied Date:- 16-7-2017 – Dear Experts, Whether a partnership firm can do their business transaction through 3 separate Savings Bank accounts. If any RBI guidelines exist, please post the same.Thanks & RegardsKrishna – Reply By Kishan Barai – The Reply = Business could be done via Current Account , saving account is ment only for savings, I suggest you to provide Partnership deep + firm pan card to bank to open an Cur

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Goods and Services Tax – Started By: – Sahil Sehgal – Dated:- 4-7-2017 Last Replied Date:- 16-7-2017 – Hello,I have a sole proprietorship company in New Delhi and receive commission as agent of foreign company. Here is how it work: A foreign company, which does not have any entity in India, let s call it F, appoints me as an agent. I visit companies in India who are interested in the products of company F. Let s say company A wants to buy product/services from company F. Company A will place order directly with company F and company F will ship to company A. Company F will send me commission to my bank account.Questions Part 1: Will I come under the INR 20 lahks per year exemption slab? If yes then will it be from 1st of April 2017 or from

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Goods and Services Tax – Started By: – Rohit Bhura – Dated:- 4-7-2017 Last Replied Date:- 16-7-2017 – In case of Transport the Gst is payable by Consignee under reverse Charge. Would the Consignee deduct the GST amount while making the payment or it will paidby his own pocket. Eg.If a Transport has issued me a Consignment Note for a freight of 50,000 then should i pay him 50,000 and pay 2500 GST on my own or should i pay him 47500 and deposit remaining 2500 to government. – Reply By KASTURI SETHI – The Reply = 100% liability is upon Service Receiver. Service Receiver will pay GST on full amount of freight. You cannot treat amount of freight cum-tax. You can pay and take ITC, if otherwise admissible. – Reply By Rohit Bhura – The Reply = Wil

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Goods and Services Tax – 2/2/2017 – Dated:- 4-7-2017 – Rescinded vide Circular dated 4-10-2017 Circular No. 2/2/2017-GST F. No. 349/82/2017-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs GST Policy Wing New Delhi, Dated the 4thJuly, 2017 To, The Principal Chief Commissioners/Chief Commissioners/Principal Commissioners/ Commissioners of Central Tax (All) Madam/Sir, Subject: Issues related to furnishing of Bond/ Letter of Undertaking for Exports-Reg. Various communications have been received from the field formations and exporters on the issue of difficulties being faced while supplying the goods or services for export without payment of integrated tax and filing the FORM GST RFD -11 on

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required to be given through the proper officer which is to be furnished to the jurisdictional Commissioner as per sub-rule (1) of rule 96A of the said rules. Taking cognizance of the fact that a large number of such Bonds/Letter of Undertakings would be required to be filed by the registered exporters who would be located at a distance from the office of the jurisdictional Commissioner, it is understood that the furnishing of such bonds/undertakings before the jurisdictional Commissioner may cause hardship to the exporters. 4. Thus, in exercise of the powers conferred by sub-section (3) of section 5 of the CGST Act, 2017, it is hereby stated that the acceptance of the Bond/Letter of Undertaking required to be furnished by the exporter unde

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GST – States – 38/1/2017-Fin(R&C)(10) – Dated:- 4-7-2017 – GOVERNMENT OF GOA Department of Finance Revenue & Control Division ___ Notification 38/1/2017-Fin(R&C)(10) In exercise of the powers

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GST – States – 15/2017-State Tax – Dated:- 4-7-2017 – FINANCE DEPARTMENT Madam Cama Road, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400 032, dated the 4th July 2017 NOTIFICATION Notification No. 15/2017-State Tax MAHARASHTRA GOODS AND SERVICES TAX ACT, 2017. No. MGST.1017/CR 107/Taxation-1.-In exercise of the powers conferred by section 164 of the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017), the Government of Maharashtra hereby makes the following rules further to amend the Maharashtra Goods and Services Tax Rules, 2017, namely :- 1. (1) These rules may be called the Maharashtra Goods and Services Tax (Third Amendment) Rules, 2017. (2) They shall come into force with effect from the 1st day of July 2017. 2. In the Maharashtra Goods and Services Tax Rules, 2017, (i) in rule 44, (a) in sub-rule (2), for the words State tax , the words central tax, State tax, Union territory tax and integrated tax shall be substituted; (b) in sub-rule (6), for the words and letters

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or (b) fifteen days after the expiry of one year, or such further period as may be allowed by the Commissioner, from the date of issue of the invoice for export, if the payment of such services is not received by the exporter in convertible foreign exchange. (2) The details of the export invoices contained in FORM GSTR-1 furnished on the common portal shall be electronically transmitted to the system designated by Customs and a confirmation that the goods covered by the said invoices have been exported out of India shall be electronically transmitted to the common portal from the said system. (3) Where the goods are not exported within the time specified in sub-rule (1) and the registered person fails to pay the amount mentioned in the said sub-rule, the export as allowed under bond or Letter of Undertaking shall be withdrawn forthwith and the said amount shall be recovered from the registered person in accordance with the provisions of section 79. (4) The export as allowed under bond

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inted day, submit a declaration electronically in FORM GST TRAN-1, specifying therein, the stock of the inputs, semi-finished goods or finished goods, as applicable, held by him on the appointed day. (vi) after rule 138, the following shall be inserted, namely :- CHAPTER – XVII Inspection, Search and Seizure 139. Inspection, search and seizure.-(1) Where the proper officer not below the rank of a Joint Commissioner has reasons to believe that a place of business or any other place is to be visited for the purposes of inspection or search or, as the case may be, seizure in accordance with the provisions of section 67, he shall issue an authorisation in FORM GST INS-01 authorising any other officer subordinate to him to conduct the inspection or search or, as the case may be, seizure of goods, documents, books or things liable to confiscation. (2) Where any goods, documents, books or things are liable for seizure under sub-section (2) of section 67, the proper officer or an authorised of

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whom such goods or documents or books or things are seized. 140. Bond and security for release of seized goods.-(1) The seized goods may be released on a provisional basis upon execution of a bond for the value of the goods in FORM GST INS-04 and furnishing of a security in the form of a bank guarantee equivalent to the amount of applicable tax, interest and penalty payable. Explanation.-For the purposes of the rules under the provisions of this Chapter, the applicable tax shall include central tax and State tax or central tax and the Union territory tax, as the case may be and the cess, if any, payable under the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017). (2) In case the person to whom the goods were released provisionally fails to produce the goods at the appointed date and place indicated by the proper officer, the security shall be encashed and adjusted against the tax, interest and penalty and fine, if any, payable in respect of such goods. 141. Procedu

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4 or subsection (2) of section 76, a summary thereof electronically in FORM GST DRC-01, (b) statement under sub-section (3) of section 73 or sub-section (3) of section 74, a summary thereof electronically in FORM GST DRC-02, specifying therein the details of the amount payable. (2) Where, before the service of notice or statement, the person chargeable with tax makes payment of the tax and interest in accordance with the provisions of sub-section (5) of section 73 or, as the case may be, tax, interest and penalty in accordance with the provisions of sub-section (5) of section 74, he shall inform the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an acknowledgement, accepting the payment made by the said person in FORM GST DRC-04. (3) Where the person chargeable with tax makes payment of tax and interest under sub-section (8) of section 73 or, as the case may be, tax, interest and penalty under sub-section (8) of section 74 within thirty days of the

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son (hereafter referred to in this rule as the defaulter ) to the Government under any of the provisions of the Act or the rules made thereunder is not paid, the proper officer may require, in FORM GST DRC-09, a specified officer to deduct the amount from any money owing to such defaulter in accordance with the provisions of clause (a) of sub-section (1) of section 79. Explanation.-For the purposes of this rule, specified officer shall mean any officer of the Central Government or a State Government or the Government of a Union territory or a local authority, or of a Board or Corporation or a company owned or controlled, wholly or partly, by the Central Government or a State Government or the Government of a Union territory or a local authority. 144. Recovery by sale of goods under the control of proper officer.-(1) Where any amount due from a defaulter is to be recovered by selling goods belonging to such person in accordance with the provisions of clause (b) of sub-section (1) of sec

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pate in the auction, which may be returned to the unsuccessful bidders, forfeited in case the successful bidder fails to make the payment of the full amount, as the case may be. (5) The proper officer shall issue a notice to the successful bidder in FORM GST DRC-11 requiring him to make the payment within a period of fifteen days from the date of auction. On payment of the full bid amount, the proper officer shall transfer the possession of the said goods to the successful bidder and issue a certificate in FORM GST DRC-12. (6) Where the defaulter pays the amount under recovery, including any expenses incurred on the process of recovery, before the issue of the notice under sub-rule (2), the proper officer shall cancel the process of auction and release the goods. (7) The proper officer shall cancel the process and proceed for re-auction where no bid is received or the auction is considered to be non-competitive due to lack of adequate participation or due to low bids. 145. Recovery fro

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the amount recoverable. 147. Recovery by sale of movable or immovable property.-(1) The proper officer shall prepare a list of movable and immovable property belonging to the defaulter, estimate their value as per the prevalent market price and issue an order of attachment or distraint and a notice for sale in FORM GST DRC- 16 prohibiting any transaction with regard to such movable and immovable property as may be required for the recovery of the amount due : Provided that the attachment of any property in a debt not secured by a negotiable instrument, a share in a corporation, or other movable property not in the possession of the defaulter except for property deposited in, or in the custody of any Court, shall be attached in the manner provided in rule 151. (2) The proper officer shall send a copy of the order of attachment or distraint to the concerned Revenue Authority or Transport Authority or any such Authority to place encumbrance on the said movable or immovable property, whic

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selling it by public auction, sell such instrument or a share through a broker and the said broker shall deposit to the Government so much of the proceeds of such sale, reduced by his commission, as may be required for the discharge of the amount under recovery and pay the amount remaining, if any, to the owner of such instrument or a share. (6) The proper officer may specify the amount of pre-bid deposit to be furnished in the manner specified by such officer, to make the bidders eligible to participate in the auction, which may be returned to the unsuccessful bidders or, forfeited in case the successful bidder fails to make the payment of the full amount, as the case may be. (7) The last day for the submission of the bid or the date of the auction shall not be earlier than fifteen days from the date of issue of the notice referred to in sub-rule (4) : Provided that where the goods are of perishable or hazardous nature or where the expenses of keeping them in custody are likely to exc

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unt of or in trust for any other person, or partly on his own account and partly on account of some other person, the proper officer shall make an order releasing the property, wholly or to such extent as he thinks fit, from attachment or distraint. (11) Where the proper officer is satisfied that the property was, on the said date, in the possession of the defaulter as his own property and not on account of any other person, or was in the possession of some other person in trust for him, or in the occupancy of a tenant or other person paying rent to him, the proper officer shall reject the claim and proceed with the process of sale through auction. (12) The proper officer shall issue a notice to the successful bidder in FORM GST DRC-11 requiring him to make the payment within a period of fifteen days from the date of such notice and after the said payment is made, he shall issue a certificate in FORM GST DRC-12 specifying the details of the property, date of transfer, the details of th

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low bids. 148. Prohibition against bidding or purchase by officer.-No officer or other person having any duty to perform in connection with any sale under the provisions of this Chapter shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold. 149. Prohibition against sale on holidays.-No sale under the rules under the provision of this chapter shall take place on a Sunday or other general holidays recognized by the Government or on any day which has been notified by the Government to be a holiday for the area in which the sale is to take place. 150. Assistance by police.-The proper officer may seek such assistance from the officerin- charge of the jurisdictional police station as may be necessary in the discharge of his duties and the said officer-in-charge shall depute sufficient number of police officers for providing such assistance. 151. Attachment of debts and shares, etc.-(1) A debt not secured by a negotiable instrument, a

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ted under clause (a) of sub-rule (1), may pay the amount of his debt to the proper officer, and such payment shall be deemed as paid to the defaulter. 152. Attachment of property in custody of courts or Public Officer.-Where the property to be attached is in the custody of any court or Public Officer, the proper officer shall send the order of attachment to such court or officer, requesting that such property, and any interest or dividend becoming payable thereon, may be held till the recovery of the amount payable. 153. Attachment of interest in partnership.-(1) Where the property to be attached consists of an interest of the defaulter, being a partner, in the partnership property, the proper officer may make an order charging the share of such partner in the partnership property and profits with payment of the amount due under the certificate, and may, by the same or subsequent order, appoint a receiver of the share of such partner in the profits, whether already declared or accruing

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and Services Tax Act, 2017 and the rules made thereunder; and (d) any balance, be paid to the defaulter. 155. Recovery through land revenue authority.-Where an amount is to be recovered in accordance with the provisions of clause (e) of sub-section (1) of section 79, the proper officer shall send a certificate to the Collector or Deputy Commissioner of the district or any other officer authorised in this behalf in FORM GST DRC- 18 to recover from the person concerned, the amount specified in the certificate as if it were an arrear of land revenue. 156. Recovery through court.-Where an amount is to be recovered as if it were a fine imposed under the Code of Criminal Procedure, 1973, the proper officer shall make an application before the appropriate Magistrate in accordance with the provisions of clause (f) of sub-section (1) of section 79 in FORM GST DRC- 19 to recover from the person concerned, the amount specified thereunder as if it were a fine imposed by him. 157. Recovery from sur

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hall not be allowed where- (a) the taxable person has already defaulted on the payment of any amount under the Act or the Integrated Goods and Services Tax Act, 2017 or the Union Territory Goods and Services Tax Act, 2017 or any of the State Goods and Services Tax Act, 2017, for which the recovery process is on; (b) the taxable person has not been allowed to make payment in instalments in the preceding financial year under the Act or the Integrated Goods and Services Tax Act, 2017 or the Union Territory Goods and Services Tax Act, 2017 or any of the State Goods and Services Tax Act, 2017; (c) the amount for which instalment facility is sought is less than twenty-five thousand rupees. 159. Provisional attachment of property.-(1) Where the Commissioner decides to attach any property, including bank account in accordance with the provisions of section 83, he shall pass an order in FORM GST DRC-22 to that effect mentioning therein, the details of property which is attached. (2) The Commiss

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is attached may, within seven days of the attachment under sub-rule (1), file an objection to the effect that the property attached was or is not liable to attachment, and the Commissioner may, after affording an opportunity of being heard to the person filing the objection, release the said property by an order in FORM GST DRC- 23. (6) The Commissioner may, upon being satisfied that the property was, or is no longer liable for attachment, release such property by issuing an order in FORM GST DRC- 23. 160. Recovery from company in liquidation.-Where the company is under liquidation as specified in section 88, the Commissioner shall notify the liquidator for the recovery of any amount representing tax, interest, penalty or any other amount due under the Act in FORM GST DRC -24. 161. Continuation of certain recovery proceedings.-The order for the reduction or enhancement of any demand under section 84 shall be issued in FORM GST DRC- 25. Chapter – XIX Offences and Penalties 162. Procedu

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sub-rule (3) without affording an opportunity of being heard to the applicant and recording the grounds of such rejection. (5) The application shall not be allowed unless the tax, interest and penalty liable to be paid have been paid in the case for which the application has been made. (6) The applicant shall, within a period of thirty days from the date of the receipt of the order under sub-rule (3), pay the compounding amount as ordered by the Commissioner and shall furnish the proof of such payment to him. (7) In case the applicant fails to pay the compounding amount within the time specified in sub-rule (6), the order made under sub-rule (3) shall be vitiated and be void. (8) Immunity granted to a person under sub-rule (3) may, at any time, be withdrawn by the Commissioner, if he is satisfied that such person had, in the course of the compounding proceedings, concealed any material particulars or had given false evidence. Thereupon such person may be tried for the offence with resp

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GST – States – WM-10(31)/2017 – Dated:- 4-7-2017 – Government of India Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs Legal Metrology Division Krishi Bhawan, New Delhi WM-10(31)/2017 Dated: 04.7.2017 To, The Controllers of Legal Metrology, All States/ UTs Subject: Impact of GST on unsold stock of pre-packaged commodities -reg. Sir, The undersigned is directed to refer to the above mentioned subject and to state that in exercise of the powers conferred by rule 33(1) of the Legal Metrology (Packaged Commodities) Rules, 2011, the Central Government hereby permits the manufacturers or packers or importers of pre-packaged commodities to declare the changed retail sale price (MRP) on the unsold stock ma

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ntinue to be displayed and the revised price shall not overwrite on it. (iii) Manufacturers or packers or importers shall make atleast two advertisements in one or more newspapers in this regard and also by circulation of notices to the dealers and to the Director of Legal Metrology in the Central Government and Controllers of Legal Metrology in the States and Union Territories, indicating the change in the price of such packages. 2. Further, it is clarified that under sub-rule (3) of rule 6 of the Legal Metrology (Packaged Commodities) Rules, 2011 for reducing the Maximum Retail Price (MRP), a sticker with the revised lower MRP (inclusive of all taxes) may be affixed and the same shall not cover the MRP declaration made by the manufacturer

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GST – States – WM-10(31)/2017 – Dated:- 4-7-2017 – Speed Post WM-10(31)/2017 Government of India Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs Legal Metrology Division Krishi Bhawan, New Delhi Dated: ..04.7.2017 To, The Controllers of Legal Metrology, All States/ UTS Subject: Impact of GST on unsold stock of pre-packaged commodities -reg. Sir, The undersigned is directed to refer to the above mentioned subject and to state that in exercise of the powers conferred by rule 33(1) of the Legal Metrology (Packaged Commodities) Rules, 2011, the Central Government hereby permits the manufacturers or packers or importers of pre-packaged commodities to declare the changed retail sale price (MRP) on the un

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shall continue to be displayed and the reused price shall not overwrite on it. (iii) Manufacturers or packers or importers shall make atleast two advertisements in one or more newspapers in this regard and also by circulation of notices to the dealers and to the Director of Legal Metrology in the Central Government and Controllers of Legal Metrology in the States and Union Territories, indicating the change In the price of such packages. 2. Further, it is clarified that under sub-rule (3) of rule 6 of the Legal Metrology (Packaged Commodities) Rules, 2011 "for reducing the Maximum Retail Price (MRP), a sticker with the revised lower MRP (inclusive of all taxes) may be affixed and the same shall not cover the MRP declaration made by th

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Customs – PUBLIC NOTICE No. 11/2017 – Dated:- 4-7-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS, CITY CUSTOMS COMMISSIONERATE, P.B No. 5400, C.R.BUILDING, QUEEN'S ROAD, BENGALURU – 560 001 C.N0. VIII/09/09/2017 City cus Tech PN Date:04.07.2017 PUBLIC NOTICE No. 11/2017 Subject. Fixation of Brand Rate of drawback under Rule 6 and Rule 7 of the Customs, Central Excise Duties & Service Tax Drawback Rules, 1995 in the GST scenario – reg. ***** Attention of all Customs Brokers, Exporters, Importers, Members of the Trade and other stake holders is invited to Board's Circular No. 23/2017, Customs, dated 30.062017 in respect to the subject mentioned above. 2. As you are aware, in terms of Rule 6 and Rule 7 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, the work pertaining to fixation of Brand rate of Drawback is undertaken by the Central Excise Commissionerate having jurisdiction over the factory where export goods are manufactured. In this context, Boa

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rawback Rules, 1995 vide Notification No. 58/2017-Cus (N.T.) dated 29.6.2017. For exports made during this transition period, the exporter can claim All Industry Rate (AIR) or Brand rate of drawback for Customs, Central Excise Duties and Service Tax subject to certain additional conditions. These conditions aim to ensure that the exporter simultaneously does not avail input tax credit of Central Goods and Services Tax (CGST) or Integrated Goods and Services Tax (IGST) on the export goods or on inputs and input services used in manufacture of export goods or claim refund of IGST paid on export goods. Further, an exporter claiming drawback during transition period as per extant duty drawback provisions shall also be barred to carry forward Cenvat credit in terms of the CGST Act, 2017 on the export goods or on inputs or input services used in manufacture of export goods. The exporter also has to give the prescribed declaration and certificates (similar to declaration and certificate presc

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of Customs having jurisdiction over any one of the places of export. Accordingly, Rule 6 and Rule 7 ibid have been suitably amended vide Notification No. 58/2017-Cus (N.T.) dated 29.6.2017. 4. All Circulars/instructions issued till date w.e.f. fixation of Brand rate shall mutatis mutandis apply for work of fixation of Brand rate to be done by Customs formations in the CST scenario. However, verification of data given in the application if so required shall be got done through the Customs formation having jurisdiction over the factory where the export goods have been manufactured. 5. From 1.7.2017, all fresh applications for Brand rate of drawback irrespective of date of export will be dealt as per these guidelines. The applications already filed with existing Central Excise formations prior to 1.7.2017 and pending shall be transferred along with all relevant documents to the Principal Commissioner/ Commissioner of Customs having jurisdiction over the place of export. In case an already

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Customs – PUBLIC NOTICE No. 12/2017 – Dated:- 4-7-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS, CITY CUSTOMS COMMISSIONERATE, P.B No. 5400, C.R.BUILDING, QUEEN'S ROAD, BENGALURU – 560 001 C.N0. VIII/09/08/2017 City cus Tech PN Date: 04.07.2017 PUBLIC NOTICE No. 12/2017 Subject: – : Duty Drawback for supplies made by DTA units to Special Economic Zones in the GST scenario- reg. Attention of all Customs Brokers, Exporters, Importers, Members of the Trade and other stake holders is invited to Board's Circular No. 43/2007-Customs dated 5.12.2007 and Circular No. 39/2010-Customs dated 15.10.2010 which inter alia prescribe that in respect of drawback claims by a DTA supplier for supplies made to SEZ Unit or developer, when accompanied by

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risdiction the DTA Unit falls. Further, the fixation of Brand rate in case of supplies from DTA to SEZ Unit or developer, if required, shall also be done by the office of said Principal Commissioner/ Commissioner. This shall apply to all fresh applications/ claims filed from 1.7.2017 onwards. 3. The applications/ claims which have already been filed up to 30.6.2017 and are pending with jurisdictional Central Excise formations shall be transferred to the Principal Commissioner/ Commissioner of Customs/ Customs (Preventive) having jurisdiction over the DTA supplier. For smooth transition of above cited work to Customs formations, it is essential that transfer of documents is undertaken carefully and in close coordination with Customs authorit

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Customs – PUBLIC NOTICE NO. 25/2017 – Dated:- 4-7-2017 – MINISTRY OF FINANCE DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE, NEW HARBOUR ESTATE, THOOTHUKUDI – 628004. C.N0.VIII/48/06/2016-Cus.Pol. Date: 04.07.2017 PUBLIC NOTICE NO. 25/2017 Subject: Duty Drawback for supplies made by DTA units to Special Economic Zones in the GST scenario-Reg. Attention of all Exporters / Importers/ Custom Brokers/ Clearing Agents / Steamer Agents/ Shipping agents/ Customs Cargo Service Providers/ Trade and Industry and Public is invited to the Circular No. 24/2017-Cus dated 30.06.2017. 2. Attention is invited to Board's Circular No. 43/2007-Customs dated 5.12.2007 and Circular No. 39/2010-Customs dated 15.10.2010 which inter a

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Customs/ Customs (Preventive) in whose jurisdiction the DTA Unit falls. Further, the fixation of Brand rate in case of supplies from DTA to SEZ Unit or developer, if required, shall also be done by the office of said Principal Commissioner/ Commissioner. This shall apply to all fresh applications/ claims filed from 1.7.2017 onwards. 4. The applications/ claims which have already been filed up to 30.6.2017 and are pending with jurisdictional Central Excise formations shall be transferred to the Principal Commissioner/ Commissioner of Customs/ Customs (Preventive) having jurisdiction over the DTA supplier. For smooth transition of above cited work to Customs formations,it is essential that transfer of documents is undertaken carefully and in

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Customs – PUBLIC NOTICE NO. 26/2017 – Dated:- 4-7-2017 – MINISTRY OF FINANCE DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE, NEW HARBOUR ESTATE, THOOTHUKUDI – 628004. C.N0.VIII/48/06/2016-Cus.Pol. Date: 04.07.2017 PUBLIC NOTICE NO. 26/2017 Sub:-Fixation of Brand Rate of drawback under Rule 6 and Rule 7 of the Customs, Central Excise Duties & Service Tax Drawback Rules, 1995 in the GST scenario- Reg. Attention of all Exporters / Importers/Custom Brokers/ Clearing Agents / Steamer Agents/Shipping agents/Customs Cargo Service Providers/ Trade and Industry and Public is invited to the Circular No. 23/2017-Cus dated 30.06.2017. 2. In terms of Rule 6 and Rule 7 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, the work pertaining to fixation of Brand rate of Drawback is undertaken by the Central Excise Commissionerate having jurisdiction over the factory where export goods are manufactured. In this context, Board's Circular No. 14/

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Notification No. 58/2017-cus (N.T.) dated 29.6.2017. For exports made during this transition period, the exporter can claim All Industry Rate (AIR) or Brand rate of drawback for Customs, Central Excise Duties and Service Tax subject to certain additional conditions. These conditions aim to ensure that the exporter simultaneously does not avail input tax credit of Central Goods and Services Tax (CGST) or Integrated Goods and Services Tax (IGST) on the export goods or on inputs and input services used in manufacture of export goods or claim refund of IGST paid on export goods. Further, an exporter claiming drawback during transition period as per extant duty drawback provisions shall also be barred to carry forward Cenvat credit in terms of the CGST Act, 2017 on the export goods or on inputs or input services used in manufacture of export goods. The exporter also has to give the prescribed declaration and certificates (similar to declaration and certificate prescribed in Notification No

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iction over any one of the places of export. Accordingly, Rule 6 and Rule 7 ibid have been suitably amended vide Notification No. 58/2017-cus (N.T.) dated 29.6.2017. 5. All Circulars/ instructions issued till date w.r.t. fixation of Brand rate shall mutatis mutandis apply for work of fixation of Brand rate to be done by Customs formations in the GST scenario. However, verification of data given in the application if so required shall be got done through the Customs formation having jurisdiction over the factory where the export goods have been manufactured. 6. From 1.7.2017, all fresh applications for Brand rate of drawback irrespective of date of export will be dealt as per these guidelines. The applications already filed with existing Central Excise formations prior to 1.7.2017 and 'pending shall be transferred along with all relevant documents to the Principal Commissioner/ Commissioner of Customs having jurisdiction over the place of export. In case an already filed application

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Goods and Services Tax – Started By: – Ragnet Raphi – Dated:- 3-7-2017 Last Replied Date:- 16-7-2017 – Hi, I just needs to know whether the GST is applicable for hostel rents.For example, If am paying 5500 as a monthly Rent including food and accommodation.. Do I need to pay GST for this amount.If so how much I need to pay extra as a part of GST.Kindly assist – Reply By Ramesh Kothari – The Reply = Yes – Reply By Ramesh Kothari – The Reply = Subject to receiver who crosess thresh hold limit of

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Goods and Services Tax – Started By: – Yatin Bhopi – Dated:- 3-7-2017 Last Replied Date:- 4-7-2017 – Whether every discount has to be appear on invoice. We have 4 distributors and discount rates are different to each other. We do not want to show this discounts to each other and wish to give it through credit note separately. Can we do so? – Reply By KASTURI SETHI – The Reply = Yes. You can do so. Discount is allowed after the supply of goods but it must be known before or at the time of supply

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Goods and Services Tax – GST – Dated:- 3-7-2017 – Mumbai, Jul 3 (PTI) Indian markets rejoiced at the far- reaching tax reform GST, sending the benchmark Sensex higher by over 300 points – its biggest single-day surge in a month – on emergence of a big rally in FMCG and auto counters. The across-the-board buying helped the BSE flagship index close at a fresh one-week high of 31,221.62 and took the broader Nifty to finish 94 points higher at 9,615. Overall business sentiment was buoyed by expectations that the implementation of the Goods and Services Tax (GST) will provide the much needed stimulant to the country's economic growth by transforming the earlier multi-pronged indirect taxation into a 'one nation one tax' system. Mark

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tax revenue. Robust capital inflows from foreign institutional investors (FIIs) and positive global cues further supported the momentum. Shares of the fast moving consumer goods (FMCG) firms led the rally, followed by telecom, metal, realty and auto counters. Cigarette maker ITC was the top gainer in Sensex, rising 5.70 per cent to end at a 52-week high. This is mostly because taxation for cigarettes under the GST is around 5-6 per cent lower than the previous tax structure. The 30-share Sensex resumed with a gap-up at 31,156.04 and touched a high of 31,258.33 and a low of 31,017.11 before concluding at 31,221.62, showing a smart rise of 300.01 points or 0.97 per cent. Similarly, the NSE 50-share Nifty also finished with a solid gain of 94.

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ent, ONGC 1.11 per cent, Tata Motor DVR 1.01 per cent and Tata Steel 0.93 per cent. Among the laggards, NTPC fell by 1.17 per cent, Kotak Bank 0.72 per cent, Cipla 0.60 per cent, Sun Pharma 0.54 per cent and Lupin 0.50 per cent. Sector-wise, MCG jumped 3.40 per cent, followed by telecom 1.86 per cent, metal 1.85 per cent, realty 1.48 per cent, auto 1.33 per cent, industrials 0.87 per cent and teck 0.86 per cent. The S&P BSE Mid-Cap index rose 1.13 per cent and Small- Cap index gained 1.05 per cent. Both these indices outperformed the Sensex. The market breadth remained positive as 1,788 stocks ended higher, 871 closed lower while 175 ruled steady. The total turnover on BSE amounted to ₹ 3,189.86 crore, higher than turnover of &#83

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Section 149 – Maharashtra SGST – MISCELLANEOUS – Maharashtra Goods and Services Tax Act, 2017 – Section 149 – Goods and services tax compliance rating. 149. (1) Every registered person may be assigned a goods and services tax compliance rating score by the Government based on his record of compliance with the provisions of this Act. (2) The goods and services tax compliance rating score may be determined on the basis of such parameters as may be prescribed. (3) The goods and services tax compli

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Goods and Services Tax – GST – Dated:- 3-7-2017 – New Delhi, Jul 3 (PTI) Honda Cars India has brought down prices of its models by up to ₹ 1.31 lakh with immediate effect to help customers reap GST benefit. The company has cut price of its hatchback Brio by up to ₹ 12,279 and that of compact sedan Amaze by up to ₹ 14,825. Besides, it has slashed price of Jazz by up to ₹ 10,031 and that of its recently launched model WR-V by up to ₹ 10,064. Price of mid-sized sedan

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Goods and Services Tax – Started By: – parmender kochar – Dated:- 3-7-2017 Last Replied Date:- 16-7-2017 – As per GST a Manufacturer Exporter can Export Goods without payment of IGST on Bond / LUT, and Similarly and Merchant Exporter can Export goods without Payment of IGST on Bond / LUT.Exporter Procedure vide Circual No 26/2017 prescribed by the Board is silent on Manufacturer and Merchant Exporter.My Question is, How will Manufacturer raise invoice to an Exporter with IGST or without IGST ? – Reply By PAWAN KUMAR – The Reply = Dear Sir, As per my view, the transaction of supply in case of export will be done thru. Bill to ship to basis.The merchant will be as buyer and ultimate customer out of india will be consignee and in such case, t

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Section 149 – Kerala SGST – MISCELLANEOUS – Kerala Goods and Services Tax Ordinance, 2017 – Section 149 – 149. Goods and services tax compliance rating.-(1) Every registered person may be assigned a goods and services tax compliance rating score by the Government based on his record of compliance with the provisions of this Ordinance. (2) The goods and services tax compliance rating score may be determined on the basis of such parameters as may be prescribed. (3) The goods and services tax comp

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Section 48 – Kerala SGST – RETURNS – Kerala Goods and Services Tax Ordinance, 2017 – Section 48 – 48. Goods and services tax practitioners.-(1) The manner of approval of goods and services tax practitioners, their eligibility conditions, duties and obligations, manner of removal and other conditions relevant for their functioning shall be such as may be prescribed. (2) A registered person may authorise an approved goods and services tax practitioner to furnish the details of outward supplies un

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Goods and Services Tax – GST – Dated:- 3-7-2017 – The Reserve Bank of India s Reference Rate for the US Dollar is ₹ 64.7525 on July 03, 2017. The corresponding rate for the previous day (June 30, 2017) was ₹ 64.7379. Based on the reference rate for the US Dollar and the middle rates of the cross-currency quotes, the exchange rate of EUR, GBP and JPY against the Rupee are given below: Currency Date June 30, 2017 July 03, 2017 1 EUR 74.0019 73.8567 1 GBP 84.2564 84.1718 100 YEN 57.78

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