1105

Goods and Services Tax – Meal, powder, Flour flakes, granules and pellets of potatoes 39[put up in unit container and,- (a) bearing a registered brand name; or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or any enforceable right in respect of such brand name has been voluntarily foregone, subject to the conditions as in the ANNEXURE]] ************* Notes: As amended by notification no. 43/2017 dated 14-11-2017 w.e.f. 15-11-2017, before it was read as, Meal, powder, flakes, flakes, granules and pellets of potatoes 39[put up in unit container and,- (a) bearing a registered brand name; or (b) bearing a brand name on which an actionable c

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0308

Goods and Services Tax – Omitted ************* Notes: As omitted by notification no. 43/2017 dated 14-11-2017 w.e.f. 15-11-2017, before it was read as, "Aquatic invertebrates other than crustaceans and molluscs, frozen, dried, salted or in brine; smoked aquatic invertebrates other than crustaceans and molluscs, whether or not cooked before or during the smoking process: flours, meals and pellets of aquatic invertebrates other than crustaceans and molluscs, fit for human consumption" –

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2305

Goods and Services Tax – Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of ground-nut oil 44[***] ************* Notes: As amended vide notification no. 27/2017 IT(rate) dated 22-9-2017, before it was read as, "Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of ground-nut oil [other than aquatic feed including shrimp feed and prawn feed, poultry feed & cat

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1103

Goods and Services Tax – Cereal groats, meal and pellets, including suji and dalia, 39[put up in unit container and,- (a) bearing a registered brand name; or (b) bearing a brand name on which an actionable claim or enforceable right in a court of law is available [other than those where any actionable claim or any enforceable right in respect of such brand name has been voluntarily foregone, subject to the conditions as in the ANNEXURE]] ************* Notes: As amended vide notification no. 27/2017 IT(rate) dated 22-9-2017, before it was read as, "Cereal groats, meal and pellets, including suji and dalia, put up in unit container and bearing a registered brand name." ANNEXURE For fo

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Market in wait and watch, Sensex slips 154 pts ahead of GST

Goods and Services Tax – GST – Dated:- 30-6-2017 – Mumbai, Jun 30 (PTI) The Sensex fell over 154 points and the Nifty went below 9,500 in the beginning on Friday as the July derivative series took off on a negative note amid anxiety ahead of GST rollout. Capital outflow by foreign funds and weak global shares only added to concerns. Investors kept their fingers crossed ahead of the landmark tax reform Goods and Services Tax (GST), which is set for a mid-night launch on Friday. The 30-share Sens

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Mkt losses narrow, GST anxiety keeps investors on toes

Goods and Services Tax – GST – Dated:- 30-6-2017 – Mumbai, Jun 30 (PTI) Markets managed to apply brakes on their early losses today, but the Sensex and the Nifty still moved in the red as investors braced for the final countdown to the GST launch. The landmark tax reform Goods and Services Tax (GST) is set for a mid-night launch today. Telecom, capital goods, realty and auto stocks wobbled amid sluggishness in global shares. The 30-share Sensex resumed lower before trading at 30,813.05 at 1125

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J&K parties for GST with riders

Goods and Services Tax – GST – Dated:- 30-6-2017 – Srinagar, Jun 29 (PTI) The second meeting of an all-party consultative group, constituted by the Jammu and Kashmir government to evolve a consensus on the GST implementation in the state, was held here this evening. The government claimed that the parties were in agreement on the extension of the new tax regime but with safeguards to protect the fiscal autonomy of the state. There was a general consensus in the meeting that non- implementation of the GST regime would trigger economic and financial chaos in the state with the inter-state trade vis- a-vis J-K taking a big hit, an official spokesman said here. He said the meeting was held under the chairmanship of former deputy chief minister

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he political opinion to evolve broad-based consensus before Jammu and Kashmir is brought under the tax regime. If we talk of bringing a separate law, the Centre will have to amend two chapters in the Constitution to delegate powers of taxation to the state of J-K. It will become a huge political issue across the country. Besides, it will also entail amending Section 5 of J-K Constitution which can't be done. More so, any attempt on fiddling with Section 5 will open a Pandora's box which will have huge political ramifications for J-K in future, he said. Presenting the government's view, Finance Minister Haseeb Drabu said the government will ensure adequate safeguards for protecting the special constitutional position of Jammu and

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ed with mainland Indian market. Entire requirements are imported from it and everything produced or manufactured in J-K is exported to the same market. Twin taxation systems dissociated from each other will entail costs to business and to public finance system. Trading processes will be subjected to twin taxation systems making everything costly in J-K, a cost that ultimately the consumer shall have to bear, he said, adding traders will have to pay more for managing twin systems and it could create a situation that J-K may not get buyers or sellers for its products. NC's Rather, who is the former chairman of the Empowered Committee of Finance Minister on GST, said his party was not against the implementation of the GST in the state in p

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Advance Received

Goods and Services Tax – Started By: – kamdev senapati – Dated:- 30-6-2017 Last Replied Date:- 1-7-2017 – Advance received one year back from one scrap merchant and the same has reflected on our books of accounts. Regular basis the scrap merchant taken the scrap and paid the amount of each sales.My Quarry is Since the advance received before GST, will GST attract for the same or not ??.Please suggest… – Reply By KASTURI SETHI – The Reply = Here is a question of point of taxation. In this case

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7102

Goods and Services Tax – All goods ************* Notes: As amended vide notification no. 7/2018 dated 25-1-2018, before it was read as: 98[Diamonds, industrial or non-industrial, unworked or simply sawn, cleaved or bruted, including unsorted diamonds] ************* Notes: As amended vide notification no. 27/2017 IT(rate) dated 22-9-2017, before it was read as, "Diamonds, non-industrial unworked or simply sawn, cleaved or bruted&quo

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WARE HOUSE REGISTRATION-REG

Goods and Services Tax – Started By: – Kusalava InternationalLimited – Dated:- 30-6-2017 Last Replied Date:- 30-6-2017 – We have trading division chennai which was registered under GST and we have one warehouse/GODOWN in hosur which we want to register under GST.How to register this? – Reply By KASTURI SETHI – The Reply = Both are in Tamilnadu. One registration is required. Get the godown in Hosur registered as additional place of business in application form. Hasur godown can be added in appli

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HSN For fabrication

Goods and Services Tax – Started By: – Saurabh Singh – Dated:- 30-6-2017 Last Replied Date:- 30-6-2017 – We make iron grills for door and window. 73083000 Is it right ?​​​​​​If not, plz specify the correct code. – Reply By Rajagopalan Ranganathan – The Reply = Sir, According to Schedule III of Notification No. 1/2017-Central Tax dated 2806.2017 (with effect from 1.7.2017 iron grills for doors and windows will fall under heading No. 7308 attracting GST @ 9%. –

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Transition

Goods and Services Tax – Started By: – Kavita Sharma – Dated:- 30-6-2017 Last Replied Date:- 30-6-2017 – Sir,I want to elaborate my previous query, the payments are outstanding as on 30.06.17. Service tax was already charged in the bills and not on accrual basis. Since turnover was less than ₹ 50 lacs, the service tax was being deposited on receipt of payments against the bills. Now, when the service provider will receive the payments against the outstanding bills (as on 30.06.17) after 0

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Payment of Taxes and Interest in GST Law

Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 30-6-2017 – How the liabilities in respect of Tax , interest, penalty and other dues under the GST shall be paid, have been summarized hereunder. Same shall be entered in various register etc. All this is prescribed in Section 49 to 50 of the GST Law and GST Payment Rules, 2017. Payment of Taxes [ Section -49 ] A] Electronic cash ledger Section provides for three kind of ledger Electronic cash ledger Electronic credit ledger Electronic liability ledger Electronic Cash Ledger Every deposit made for tax , interest, penalty and fees shall be credited to Electronic Cash Ledger in Form-GST PMT-5. Taxes, Interest , Fees and penalty shall be paid by taxable person in any of the follow

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n shall be credited to his Electronic Credit Ledger on the common portal in Form -GST PMT-2. The electronic credit ledger may include the following ITC from inward supply from registered person. ITC from ISD ITC on stock immediately preceding the day when RP is liable for payment of tax. ITC available on payment made on reverse charge. RP upon noticing any problem can apply on GST PMT-04 on common portal. Manner of Utilisation of ITC Amount of input tax credit in IGST, CGST, SGST or UTGSTshall be utilized as follows : ITC of IGST available in Electronic Credit Ledger shall be utilized first for payment of IGST Liability and after wards for the payment of CGST and SGST. The amount of CGST available in Electronic Credit Ledger of CGST shall b

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n shall be by debiting the electronic credit ledger and crediting the electronic liability register. Explanation- Tax due means tax payable under the Act but does not include interest , fees or penalty. Other due mean interest, fees and penalty. Interest on delayed payment of Tax [ Section 50 ] Every person liable to pay tax and fails to pay the same on due date , shall pay interest on unpaid amount at the rate as prescribed from the due date of payment of tax to the date of payment. Interest shall be paid to the account of central or State Government. Interest shall be paid from the first day on which such tax was due. In case taxable person claim excess input credit u/s 42[10] and or reduction in output tax liability u/s 43[10], shall be

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Export Under Bond

Goods and Services Tax – Started By: – Lakshmi NV – Dated:- 30-6-2017 Last Replied Date:- 30-6-2017 – what are the procedures for export under bond .Any specific form is avilable under GST for executing Bond.To whom such bond is executed – Reply By KASTURI SETHI – The Reply = Most likely, language of bond will remain the same excepting the words,'CE duty' will be replaced by GST. Implementation of GST does not alter the purpose of execution of bond which is already in force. There has b

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Seek to reduce the rate of Central Tax, Union Territory Tax, on fertilisers from 6% to 2.5% and Integrated Tax rate on fertilisers from 12% to 5%

GST – 18/2017 – Dated:- 30-6-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No.18/2017-Central Tax (Rate) New Delhi, the 30th June, 2017 G.S.R. 807 (E).- In exercise of the powers conferred by sub-section (1) of section 9 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.1/2017-Central Tax (Rate), dated the 28th June, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 673(E) dated the 28th June, 2017, namely:- 2. In the said notific

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Notification for Exemption from Integrated Tax to SEZ

GST – 15/2017 – Dated:- 30-6-2017 – Rescinded vide notification no. 17/2017 dated 5-7-2017 Also see Notification no. 18/2017 dated 5-7-2017 GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 15/2017-Integrated Tax (Rate) New Delhi, the 30th June, 2017 G.S.R. 740 (E).- In exercise of the powers conferred by sub-section (1) of section 6 of the Integrated Goods and Service Tax Act, 2017 (13 of 2017), the Central Government, on being satisfied that it is necessary in t

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Seek to reduce the rate of Central Tax, Union Territory Tax, on fertilisers from 6% to 2.5% and Integrated Tax rate on fertilisers from 12% to 5%

GST – 16/2017 – Dated:- 30-6-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No.16/2017-Integrated Tax (Rate) New Delhi, the 30th June, 2017 G.S.R. 809 (E).- In exercise of the powers conferred by sub-section (1) of section 5 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.1/2017-Integrated Tax (Rate), dated the 28th June, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 666(E), dated the 28th June, 2017, namely:- 2. In the sa

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Seek to reduce the rate of Central Tax, Union Territory Tax, on fertilisers from 6% to 2.5% and Integrated Tax rate on fertilisers from 12% to 5%

GST – 18/2017 – Dated:- 30-6-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No. 18/2017-Union Territory Tax (Rate) New Delhi, the 30th June, 2017 G.S.R. 808 (E).- In exercise of the powers conferred by sub-section (1) of section 7 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.1/2017-Union Territory Tax (Rate), dated the 28th June, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 710(E), dated the 28th June, 2017, namel

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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

Customs – 23/2017 – Dated:- 30-6-2017 – Circular No. 23/2017 -Customs F. No. 609/46/2017-DBK Government of India Ministry of Finance, Department of Revenue Central Board of Excise & Customs *** New Delhi, dated 30th June, 2017 To, Principal Chief Commissioners / Principal Directors General, Chief Commissioners / Directors General, Principal Commissioners / Commissioners, all under CBEC Madam/Sir, 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 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, Board s Circular No. 14/2003-Cus dated 6.3.2003, DO letter No. 609/110/2005-DBK dated 26.8.2005, Instruct

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s 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. 59/2017-Cus (N.T.) dated 29.6.2017 for claiming composite AIR during transition

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have been suitably amended vide Notification No. 58/2017-Cus (N.T.) dated 29.6.2017. 4. 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. 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 filed application relates to exports from multiple places, the application should be transferred to the

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Duty Drawback for supplies made by DTA units to Special Economic Zones in the GST scenario

Customs – 24/2017 – Dated:- 30-6-2017 – Circular No. 24/2017 -Customs F. No. 609/46/2017-DBK Government of India Ministry of Finance, Department of Revenue Central Board of Excise & Customs New Delhi, dated 30th June, 2017 To, Principal Chief Commissioners / Principal Directors General, Chief Commissioners / Directors General, Principal Commissioners / Commissioners, all under CBEC Madam/Sir, Subject: Duty Drawback for supplies made by DTA units to Special Economic Zones in the GST scenario 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 alia prescribe that in respect of drawback claims by a DTA supplier for supplies made to SEZ Unit or developer

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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 authorities concerned without disruption, delay etc. 4. The extant instruct

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