Author: admin_gst

Goods and Services Tax – Started By: – Aitha RajyaLakshmi – Dated:- 14-4-2017 Last Replied Date:- 5-5-2017 – Sir,Whether the rates prescribed (0.5%, 1%, 2.5%) for the Assesses availing Composition scheme is the final rate taxable or this is only the rates in CGST Bill and the tax rate for levy is to be doubled (CGST+SGST) i.e., 1%, 2%, 5%. – Reply By Himansu Sha – The Reply = It is the final rate. – Reply By Himansu Sha – The Reply = Others experts may also give their views – Reply By Ganeshan Kalyani – The Reply = The rates are including both CGST and SGST. – Reply By Aitha RajyaLakshmi – The Reply = Notwithstanding anything to the contrary contained in this Act but subject to the provisions of sub-sections (3) and (4) of section 9, a reg

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rease the said limit of fifty lakh rupees to such higher amount, not exceeding one crore rupees, as may be recommended by the Council. – Reply By MADAN RAHEJA – The Reply = Provisions contained in CGST Act, 2017 relate only to CGST. As regards SGST, Acts that would be passed by different states would make provisions of CGST Act applicable mutatis mutandis. For example UTGST Act, which is applicable to Union Territories (as good as State), Section 21 states that provisions of CGST Act so far they relate to Composition shall be mutatis mutandis applicable meaning thereby that rates mentioned in CGST Act shall be applicable. In my view composition rates for CGST and SGST would be leviable seperately. Incidently there is no composition provisio

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Goods and Services Tax – Started By: – RAM SHARMA – Dated:- 14-4-2017 Last Replied Date:- 23-5-2017 – Dear Experts,if any goods lying at the premises of the agent on the appointed day , agent shall be entitled to take credit of the same subject to the following conditions : Agent is Registered taxable Person under the act. Both the agent and principal declare the detail of such goods before the appointed day as prescribed. It means 30.06.2017. Invoice of the same goods have not been issued earl

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Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 14-4-2017 Last Replied Date:- 17-4-2017 – CGST Bill,2017 under Section -10 provides that small taxpayer can opt for the scheme of composition tax instead of opting for paying tax under the regular supply of goods. Here this should be noted that this option is not available to registered person who is providing only service except supply of service mentioned in clause b of paragraph 6 of Schedule-II . By opting the composition tax scheme , one can save himself from all the hassle of exhaustive provision of GST Law. Before we switch over to related provision of this section, it is important to understand the definition of Aggregate Turnover. As per Section 2(6) , Aggregate Turnover means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by person on reverse charge basis), exempt supplies , export of goods or services or both and interstate supplies of persons having t

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y of service is for cash , deferred payment or other valuable consideration.] Half percent of turnover in State or UT in case of other supplies. The above limit of ₹ 50 lacs may be increased by government by way of notification by such higher amount but not exceeding ₹ 1 crore. Composition scheme can not be allowed to the following taxable person; Not engaged in the supply of services other than mentioned in clause b of paragraph 6 of Schedule-II . Not engaged in supply of goods those are not leviable to tax. Not engaged in interstate outward supply of goods. Not engaged in supply of any goods through electronic commerce operator who is required to collect tax at source u/s 52. Not engaged in the manufacturer of such goods notified by the council. This provision will be allowed to RP only when all registered taxable person under the same PAN opt to follow the same scheme. Permission granted to RP shall be withdrawn on the day when his turnover exceeds ₹ 50 lacs during

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in state shall be deemed to be intimation to all other State or UT of business under the same PAN. Restriction and condition for composition levy Person exercising the option u/s 10 will need to follow the following restriction : Neither a casual trader or non resident can opt Goods held in stock on appointed day should not have been purchased from inter state trade or imported outside India, transfer from his branch outside the State, where the option is exercised under sub rule 1 of Rule 1. Goods held in stock have not been purchased from unregistered person and where purchased , he has paid the tax u/s 9[4]. He shall pay tax under sub section 3 & 4 of section 9 on inward supply of goods or services from unregistered person. On the top of the bill supply he will mentioned composition taxable person On every notice or signboard , he shall mention composition taxable person at his principal place of business or additional place of business. Registered person need not file intimati

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Goods and Services Tax – Started By: – Parineeta Singh – Dated:- 13-4-2017 Last Replied Date:- 16-4-2017 – Hello All I have a query regarding return rules,i found it difficult to relate the section mentioned in the rules with the section given in GST Act..for eg. Rule 1,talking about outward supplies but instead of mentioning the sec. 32,its refering to sec 38. Kindly explain the fact. Thanku – Reply By KASTURI SETHI – The Reply = This is not only one discrepancy but so many discrepancies are f

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Goods and Services Tax – GST – Dated:- 13-4-2017 – New Delhi, Apr 13 (PTI) – President Pranab Mukherjee has given assent to four key legislations on Goods and Services Tax (GST), paving the way for the roll out of one-nation-one- tax regime from July 1. The legislations were The Central GST Act, 2017, The Integrated GST Act, 2017, The GST (Compensation to States) Act, 2017, and The Union Territory GST Act, 2017, officials said today. These bills were passed in Rajya Sabha on April 6 and by Lok Sabha on March 29. The GST, the biggest taxation reform since Independence, will subsume central excise, service tax, Value Added Tax (VAT) and other local levies to create an uniform market. The Central Goods and Services Tax Act, 2017, provides for

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Goods and Services Tax – Started By: – Rohit Gotal – Dated:- 13-4-2017 Last Replied Date:- 18-4-2017 – Sir,I take land on lease to do agriculture by forming a partnership firm.My question is.1. under GST guidelines I hear that taking land on lease will invite tax.2.will I be able to continue farming under a partnership firmRohit Goyal – Reply By Ganeshan Kalyani – The Reply = It is taxable in your case. – Reply By Himansu Sha – The Reply = Leasing will attract get – Reply By Aitha RajyaLakshmi

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Particulars of Tax Invoice under GST – Goods and Services Tax – Started By: – Aitha RajyaLakshmi – Dated:- 12-4-2017 Last Replied Date:- 12-4-2017 – Sir,Can anyone explain what is a Unique Quantity co

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 12-4-2017 – After 29th March, 2017, 6th April, 2017 became a historic day in the journey of GST when Rajya Sabha easily passed the GST Bills after a day long debate. It is important to note that despite an eight hour long debate, Rajya Sabha did not recommend any change in the GST Bills. Perhaps, opposition parties and Congress in Particular, realized that being a Money Bill, they had not much to do. So better, be a party to the winning game rather than the party spoiler. Moreover, nation is watching the developments and Congress's approach on GST in Rajya Sabha could be just a beginning of damage control exercise, after recent debacle in state elections. The Congress wi

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ess, rubber cess, amongst others. Now that all GST related Bills (CGST, UTGST, IGST Bills and State Compensation Bill) have been passed by both houses of Parliament, the focus now shifts to States. All 31 States including Delhi and Pondicherry have to pass the SGST Bill in their respective State legislative assemblies. It is hoped that they will do it sooner or later but sooner is better. Though no deadline has been given to States, it is expected that they should pass the SGST Bill on ASAP basis by convening a special session. As of now, no State has passed the SGST Bill. The next Council meeting is slated to be held on 18-19 May, 2017 and it will be expected that all States pass the Bill by then, duly assented by the Governors of the Stat

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for its fair administration. He also went on record conceding or admitting that once the GST is implemented harassment of businesses by different authorities will end. What about taking action for past and present harassment ? Unfortunately, there is no provision for that in GST laws through anti-profiteering measure find place. FM sir, not fair in a game which Government claims GST law to be a transparent, forward looking piece of tax law, futuristic and reform oriented. In fact, Government should also promise to the nation that tax rates will be reduced if there is buoyancy in tax revenue rather than enhancing revenue targets. While the Government intends to implement GST from 1st July, 2017, it may actually not happen. There are strong c

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No.V-32011/6/2015-5595/CT., Dated:- 12-4-2017 Orissa SGST – Circular – Circulars – GST – States – OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES, ODISHA, CUTTACK No.V-32011/6/2015-5595/CT., Dated 12/04/2017 CIRCULAR As per the provisions of OVAT Act, some registered dealers dealing in Drugs and Pharmaceuticals and procuring the drugs and pharmaceuticals from other States by way of Interstate transfer/purchase or by way of import are paying tax at the prescribed rate on the MRP. On subsequent resale of such goods, the dealers involved in the chain i.e. wholesalers, sub-wholesalers and retailers are neither paying tax on such subsequent sale nor claiming input tax paid at the time of purchase. With introduction of GST

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actions and to claim credit of input tax paid in due manner. In the process, the dealers will be in a position to liquidate the stock on which VAT was paid on MRP before introduction of GST. For the remaining stock, the dealers will have input tax credit. Members of the Association have agreed to adopt the new process as advised by this Office. It is, therefore, brought to the notice all concerned to follow the advisory issued vide this office letter No. 5091/CT., dated 31.03.2017. Commissioner of Commercial Taxes Odisha, Cuttack Memo No. 5596/CT., Dated. 12.04.2017 – Circular – Trade Notice – Public Notice – Instructions – Office orders Tax Management India – taxmanagementindia – taxmanagement – taxmanagementi

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Goods and Services Tax – GST – Dated:- 11-4-2017 – Press Information Bureau Government of India Ministry of Finance 11-April-2017 17:59 IST Till 7:00 Pm on 1st March, 2017, 48,48,641 taxpayers had enrolled on GST portal (www.gst.gov.in) Necessary steps are being taken by GSTN to ensure robust cyber security of GST Network. To ensure the same, inputs from National Cyber Security Coordinator (NCSC), officers from the Intelligence Bureau and CERT-In, have also been taken and various aspects relati

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News and Press Release – Dated:- 11-4-2017 – Press Information Bureau Government of India Ministry of Finance 11-April-2017 17:53 IST The Revenue Secretary, Government of India, Dr. Hasmukh Adhia will leave on a four day visit to North East on Thursday, 13th April, 2017 in order to review the preparedness of the North East Region for the Goods and Services Tax (GST) which is estimated to be rolled-out from 1st July, 2017. This will be the First visit of the Revenue Secretary of this region after passing-out of GST related legislations by the Parliament. On the first leg of his North East visit, the Revenue Secretary Dr Adhia will arrive in Guwahati on 13th April, 2017 wherein he will review the preparedness of the State of Assam for GST. D

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Goods and Services Tax – GST – Dated:- 11-4-2017 – Press Information Bureau Government of India Ministry of Finance 11-April-2017 17:50 IST Tax on sale or purchase of goods within a State as per Entry List II of Seventh Schedule of the Constitution is a State subject, and accordingly, VAT was been introduced by the concerned States, in place of turnover taxes. The introduction of VAT ensured that credit of taxes paid on the inputs were available to a tax payer while discharging his output tax liability. This helped in minimizing cascading of taxes at the State level and in increasing compliance because of the in-built mechanism of transfer of input tax credit. VAT led to a simplification of taxes at the State level. Presently, the Constitu

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irstly, there is no uniformity of tax rates and structure across States. Secondly, there is cascading of taxes due to tax on tax . No credit of excise duty and service tax paid at the stage of manufacture is available to the traders while paying the State level sales tax or VAT, and vice-versa. Further, no credit of State taxes paid in one State can be availed in other States. Hence, the prices of goods and services get artificially inflated to the extent of this tax on tax . The introduction of GST would mark a clear departure from the scheme of distribution of fiscal powers envisaged in the Constitution. The proposed dual GST envisages taxation of the same taxable event, i.e., supply of goods and services, simultaneously by both the Centr

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Goods and Services Tax – GST – By: – CA Surender Gupta – Dated:- 11-4-2017 Last Replied Date:- 16-4-2017 – Here, we like highlight the ambiguity between the provisions of the statute and intention of the legislature relating to Registration under the GST regime. As we know unlike the Service Tax or Central Excise regime, in the GST regime, a person once registered, will be liable to discharge GST liability irrespective of the turnover. Therefore, the question arises, when the turnover of a person was much below Rs. 20 lakhs (or ₹ 10 lakhs as the case may be), but since he was registered under the existing law (i.e excise, service tax or vat etc.), whether he would be eligible to avail the benefit of exemption from the GST on the basis of turnover? As per the provisions of the Sub-Section (2) of the Section 22 – Persons liable for registration of the THE CENTRAL GOODS AND SERVICES TAX ACT, 2017, for the existing registered assessee, it is mandatory to seek GST registration, as re

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nge in the constitution of the business; or (c) the taxable person, other than the person registered under sub-section (3) of section 25, is no longer liable to be registered under section 22 or section 24. As per the provisions of Section 25(3), a person, though not liable to be registered under section 22 or section 24 may get himself registered voluntarily. Therefore, a person who is registered under the existing laws (i.e. central excise, service tax, VAT etc.) is required to obtain without any option since it is not voluntary by virtue of section 22(2) as above. However, as per the all the information and statements from the Central Government, the persons who has turnover upto 20 lakhs will be out of GST. Therefore, it is absolute necessary that Central Government must issue suitable clarification in time to avoid unwarranted litigation that may arise since this issue is going to effect lakhs of existing registered persons who otherwise would not be falling within the GST framewo

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ndering his registration number, the dept is not processing the same. These assesses are also facing the issue. Hopefully, some clarification should be issued sooner than later. – Reply By A SUBRAHMANYAM – The Reply = Prima facie the migration should be automatic and system based than asking the assessee to meddle with original pan name or aadhar card telephone links. Next, the system should migrate those persons only whose turnover was above 20 lacs, as per the periodical returns filed by the assessees hitherto. This will prove that the e-sytems of Excise, Serv Tax and VAT have been effectively functional as of now.Complications will initially be there when there is one India and Four Taxes, instead of one Tax. Lets hope the clouds disappearing as the D-day approaches. – Reply By KASTURI SETHI – The Reply = Sir, It is really a problem/enigma pointed by you. Now you have pointed out. Govt. may find remedy to this problem in order to avoid hotch potch situation. Before enactment of GST,

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Goods and Services Tax – All assesses / dealers who are already registered under existing central excise/service tax/ vat laws – What will happen when turnover is not exceeding ₹ 20 Lakhs (or &#

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Goods and Services Tax – Started By: – Vishnu Dutt Gupta – Dated:- 11-4-2017 Last Replied Date:- 24-4-2017 – Dear Sir,Earlier definition of work contract service is : works contract means a contract wherein transfer of property in goods involved in the execution of such contract is leviable to tax as sale of goods and such contract is for the purpose of carrying out construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, alteration of any movable or immovable property or for carrying out any other similar activity or a part thereof in relation to such property.Now in GST : only contracts related to immovable property are to be considered as works contract. and as per me this covered in

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tion 2 and supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration. Since movable property is not included in the definition of works contract, in respect of movable properties supply of spare parts will be treated as supply of goods and the service portion will be treated as supply of service. This is my opinion. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = The views of Shri Vishnu is correct on the interpretation of the word 'works contract' as defined in CGST Bill. Providing AMC of equip

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there are basically two types of AMC, one which is normal AMC, where only services are rendered and one which is comprehensive which involves both labour and parts, the AMC is for Chillers ( large HVAC equipments which are fitted into building, not sure even though these are classified as Plant & Machinary whether these falls under moveable or immoveble property, In present tax scenario, both vat and service tax is paid on the fixed value ( not 100%) comprehensive AMC invoicing ( cascading impact and issues on input credit at our customer end), under the GST law, how the treatment will change considering the definition of work contract tax and composite supply, what will be the classification and nature of such comprehensive AMCs,Thanks

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Goods and Services Tax – Started By: – Jasbir Uppal – Dated:- 9-4-2017 Last Replied Date:- 10-4-2017 – Dear professionals we are facing problems in migration to G.S.T. A person who is partner in more then one firm and also registered as a taxable service provider in service tax act. He has used his DSC in one firm as a authorized person. But he is also authorized by the partners of the other firm where he is a partner. When we plug his DSC for verification of migration to GST of all these firm the portal is not accepted he DSC because the DSC is already used. In the company case a person other then director is authorized for migration in GST and the resolution of the company has been up loaded on portal during the process of migration. But when we plug his DSC on the site, then asked the DIN no. His DIN no is not be allotted because he is not a director of the company. A dealer who has opted compounding as a trader in VAT and paid compounding fee on his turnover of sale. Can such deal

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on in GST and the resolution of the company has been up loaded on portal during the process of migration. But when we plug his DSC on the site, then asked the DIN no. His DIN no is not be allotted because he is not a director of the company. please use authorized person DSC not director. A dealer who has opted compounding as a trader in VAT and paid compounding fee on his turnover of sale. Can such dealer can claim Input tax credit on the date of informant of G.S.T. i.e. 01.07. 2017. credit of eligibility duties and taxes on inputs held in stock to be allowed to a taxable person switching over from composition scheme under vat law . In civil work construction dealers are eligible to take input tax for material consumed for execution of work and adjusted on output tax liability. But in G.S.T. civil work treated as services. Whether such dealers are eligible to take input tax credit on material consumed. No credit in input if works under work contract.. – Reply By madina kapoor – The Rep

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ime Minister has approved the Integrated GST, Central GST, Union Territory GST and GST Compensation bills on March 20, 2017. These four bills will now have to be passed by the Parliament. It is expected that the bills will be introduced in the Parliament early next week as a money bill (note that the Rajya Sabha does not have the power to amend or reject money bills and is required to return it to the Lok Sabha within 14 days). Should the July 1, 2017 target for the introduction of GST in India be met, the Parliament will have to pass these bills before the end of the budget session (on April 12, 2017). Earlier, on March 16, 2017, the GST Council had approved the draft State GST law as well. All States will have to introduce the draft law as a bill before the respective State legislatures. Given that all decisions relating to the model GST laws were taken by consensus at the GST Council (and not by voting), it is hoped that States will adopt the State GST law in letter and spirit, with

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o be examined are: Services provided between establishments of same entity without invoice or payment in certain sectors with high volumes of transactions with operations spread on a country-wide basis; Compliance challenges for small and medium sector in an automated environment with end-to-end matching of invoices; Issues raised by sectors employing large work force and with vast disparity, e.g., textiles; Special regime in sectors with disproportionate high value with relatively lesser value addition and large number of job workers; Cascading due to the exclusion of certain products from the GST and commitments relating fiscal stability clause in Production Sharing Contracts; Issues due to existing abatements in transport sector together with compliance challenges; Critical infrastructure of the country; Exports, including value addition and manufacturing in domestic tariff area (DTA) for export /EOUs and SEZs; Government services to obtain clarity as to what constitutes a taxable s

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over how a decentralised registration system of registration and assessment would prove to be a compliance nightmare for the service sector. For instance, today an insurance company hold a single centralised service tax registration and filed two returns annually. Under GST, an insurance company will have to obtain registration in every State where it provides insurance services, and file thirty seven returns per State annually. Considering these representations, the GST Council is deliberating on the proposal of centralized assessment interface for such service industries. This will potentially reduce the compliance burden on taxpayers operating in these industries. GST on petroleum products and land The Finance Minister in the Rajya Sabha yesterday said that the Government is keen to roll out the GST on July 1, 2017. Therefore, the other aspects such as inclusion of petroleum products and land within the ambit of GST will be considered after the first year of implementation of GST.

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Goods and Services Tax – GST – By: – Bimal jain – Dated:- 8-4-2017 Last Replied Date:- 11-4-2017 – Dear Professional Colleague, Rajya Sabha passes all four GST Bills without amendments On Thursday i.e. April 6, 2017, the Rajya Sabha has passed four supplementary GST legislations without amendments by a voice vote as all parties were on board. The four Bills are as under: The Central Goods and Services Tax Bill, 2017 The Integrated Goods and Services Tax Bill, 2017 The Goods and Services Tax (Compensation to States) Bill, 2017 and The Union Territory Goods and Services Tax Bill, 2017. This step would be setting the stage for the Government to rollout the landmark Goods and Services Tax from July 1, 2017, to usher in the one-nation-one-tax r

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nter-state purchases under GST?? – Reply By JAIPRAKASH RUIA – The Reply = Dear Bimal Ji, CGST Act section 15, subsection 2, clause b read as under : (b) any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goods or services or both; Dear Sir, Whether value of free supply of material by recipient of services will be includible under the new Act considering the above or still there is ambiguity as earlier in service tax and the matter is in court. Thanks Jaiprakash Ruia – Reply By JAIPRAKASH RUIA – The Reply = Dear Bimal Ji Section 17 of CGST Act having following cluases : (c) works contract services wh

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clause d. Whether it is clear now that input tax credit of construction material like steel and cement used for construction of plant in the course or furtherance of business is available to the assesse. Whether input tax credit of any type of construction work (service) and material used for repairing ( not capitalized) of plant in the course or furtherance of business is available to the assesse. Sir, you are highly learned person in this regard and hope to receive the guidance. Thanks Jaiprakash Ruia – Reply By JAIPRAKASH RUIA – The Reply = Dear Bimal JiInput credit section clauses read as under :Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is pay

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THE THIRD SCHEDULE – Amendment Acts – SCHEDULES – TAXATION LAWS (AMENDMENT) Act, 2017 – THE THIRD SCHEDULE – THE THIRD SCHEDULE (See section 15) Year No. Short title of enactments Extent of repeal (1) (2) (3) (4) 1947 24 The Rubber Act, 1947 Clause (b) of sub-section (1) of section 9 and section 12 1951 65 The Industries (Development and Regulation) Act, 1951 Section 9 1953 29 The Tea Act, 1953 Clause (c) of section 3, sections 25 and 26 and clause (a) of sub-section (1) of section 27 1974 28 T

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THE SECOND SCHEDULE – Amendment Acts – SCHEDULES – TAXATION LAWS (AMENDMENT) Act, 2017 – THE SECOND SCHEDULE – THE SECOND SCHEDULE (See section 12) THE FOURTH SCHEDULE [See section 2 (d) and 2 (f) (ii)] General Rules for the interpretation of this Schedule Classification of goods in this Schedule shall be governed by the following principles: 1. The titles of Sections, Chapters and Sub-Chapters are provided for ease of reference only; for legal purposes, classification shall be determined according to the terms of the headings and any relative Sections or Chapter Notes and, provided such headings or Notes do not otherwise require, according to the following provisions. 2. Any reference in a heading- (a) to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also be taken to include a reference to that article

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ed in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods; (b) mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to clause (a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable; (c) when goods cannot be classified by reference to clause (a) or clause (b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. 4. Goods which cannot be classified in accordance with the above rules shall be classified under the heading appropriate to the goods to which they are most akin. 5. For legal purposes, the

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an article or group of articles is preceded by "" or "", the said article or group of articles shall be taken to be a sub-classification of the immediately preceding description of the article or group of articles which has "-" or "-". 2. The abbreviation "%" in column (4) of this Schedule, in relation to the rate of duty, indicates that the duty on the goods to which the entry relates shall be charged on the basis of the value of the goods fixed, defined or deemed to be, as the case may be, under or in sub-section (2), read with sub-section (3), of section 3 or section 4 or section 4A of the Central Excise Act, 1944, (1 of 1944.) the duty being equal to such percentage of the value as is indicated in that column. Additional Notes In this Schedule,- (1) the expression,- (a) "heading", in respect of goods, means a description in list of tariff provisions accompanied by a four-digit number and includes all sub-headings of tariff

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O AND MANUFACTURED TOBACCO SUBSTITUTES NOTE In this Section, the expression "unit container" means a container, whether large or small (for example, tin, can, box, jar, bottle, bag or carton, drum, barrel or canister) designed to hold a predetermined quantity or number. Chapter 24 TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES NOTES 1. In this Chapter, "brand name" means a brand name, whether registered or not, that is to say, a name or a mark, such as a symbol, monogram, label, signature invented words or any writing which is used in relation to a product, for the purpose of indicating, or so as to indicate, a connection in the course of trade between the product and some person using such name or mark with or without any indication of the identity of that person. 2. In relation to products of heading 2401or 2402 or 2403, labelling or relabelling of containers or repacking from bulk packs to retail packs or the adoption of any other treatment to render the product ma

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whether manufactured or not, and includes the leaf, stalks and stems of the tobacco plant, but does not include any part of a tobacco plant while still attached to the earth. (2) "cut-tobacco" means the prepared or processed cut-to-size tobacco which is generally blended or moisturised to a desired extent for use in the manufacture of machinerolled cigarettes. (3) "smoking mixtures for pipes and cigarettes" of sub-heading 2403 10 does not cover " Gudaku". Tariff item Description of goods Unit Rate of Duty (1) (2) (3) (4) 2401 Unmanufactured Tobacco; Tobacco Refuse 2401 10 – Tobacco, not stemmed or stripped: 2401 10 10 Flue cured virginia tobacco kg. 64% 2401 10 20 Sun cured country (natu) tobacco kg. 64% 2401 10 30 Sun cured virginia tobacco kg. 64% 2401 10 40 Burley tobacco kg. 64% 2401 10 50 Tobacco for manufacture of biris, not stemmed kg. 64% 2401 10 60 Tobacco for manufacture of chewing tobacco kg. 64% 2401 10 70 Tobacco for manufacture of ciga

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taining tobacco : 2402 20 10 Other than filter cigarettes, of length not exceeding 65 millimetres Tu ₹ 1280 per thousand 2402 20 20 Other than filter cigarettes, of length exceeding 65 millimetres but not exceeding 70 millimetres Tu ₹ 2335 per Thousand 2402 20 30 Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) not exceeding 65 millimetres Tu ₹ 1280 per Thousand 2402 20 40 Filter cigarettes of length (including the length of the filter, the length of filter being 11 milliterres or its actual length, whichever is more) exceeding 65 millimetres but not exceeding 70 millimetres Tu ₹ 1740 per Thousand 2402 20 50 Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) excdeeing 70 millimetres but not exceeding 75 millimetres Tu ₹ 2335 per thousand 2402 20 90 Other Tu

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constituted tobacco kg. 60% 2403 99 – Other : 2403 99 10 Chewing tobacco kg. 81% 2403 99 20 Preparations containing chewing tobacco kg. 60% 2403 99 30 Jarda scented tobacco kg. 81% 2403 99 40 Snuff kg. 60% 2403 99 50 Preparations containing snuff kg. 60% 2403 99 60 Tobacco extracts and essence kg. 60% 2403 99 70 Cut-tobacco kg. ₹ 70 per kg 2403 99 90 Other kg. 81% SECTION V MINERAL PRODUCTS CHAPTER 27 MINERAL FUELS, MINERAL OILS AND PRODUCTS OF THEIR DISTILLATION; BITUMINOUS SUBSTANCES; MINERAL WAXES NOTES 1. References in heading 2710 to "petroleum oils and oils obtained from bituminous minerals" include not only petroleum oils and oils obtained from bituminous minerals, but also similar oils, as well as those consisting mainly of mixed unsaturated hydrocarbons, obtained by any process, provided that the weight of the non-aromatic constituents exceeds that of the aromatic constituents. However, the references do not include liquid synthetic polyolefins of which

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the meanings hereby assigned to them:- (1) "motor spirit" means any hydrocarbon oil (excluding crude mineral oil) which has its flash point below 25ºC and which either by itself or in admixture with any other substance, is suitable for use as fuel in spark ignition engines. "Special boiling point spirits (tariff items 2710 12 11, 2710 12 12 and 2710 12 13 )" means light oils, as defined in sub-heading Note 4, not containing any anti-knock preparations, and with a difference of not more than 60ºC between the temperatures at which 5% and 90% by volume (including losses) distil; (2) ''natural gasoline liquid (NGL)'' is a low-boiling liquid petroleum product extracted from Natural Gas; (3) "aviation turbine fuel (ATF)" means any hydrocarbon oil conforming to the Indian Standards Specification of Bureau of Indian Standards IS : 1571:1992:2000; (4) "high speed diesel (HSD)" means any hydrocarbon oil conforming to the Indian S

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arison Test" shall be done in the following manner, namely:- (i) first prepare a five per cent. weight by volume solution of Potassium Iodine (analytical reagent quality) in distilled water; (ii) to this, add Iodine (analytical reagent quality) in requisite amount to prepare an exactly 0.04 normal Iodine solution; (iii) thereafter, compare the colour of the mineral oil under test with the Iodine solution so prepared. Tariff item Description of goods Unit Rate of Duty (1) (2) (3) (4) 2709 Petroleum oils and oils obtained from bituminous minerals, crude. Kg. ….. 2709 10 00 – Petroleum oils and oils obtained from bituminous minerals Kg. ….. 2709 20 00 – Petroleum crude Nil 2710 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils –

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5.00 per litre 2710 19 – Other: 2710 19 10 Superior Kerosene oil (SKO) Kg. ….. 2710 19 20 Aviation turbine Fuel (ATF) Kg. 14% 2710 19 30 High speed diesel (HSD) Kg. 14%+Rs 15.00 per litre 2710 19 40 Light Diesel oil (LDO) Kg. ….. 2710 19 50 Fuel oil Kg. ….. 2710 19 60 Base oil Kg. ….. 2710 19 70 Jute batching oil and textile oil Kg. ….. 2710 19 80 Lubricating oil Kg. ….. 2710 19 90 Other Kg. ….. – Waste oil: ….. 2710 20 00 Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oil obtained from bituminous minerals, these oils being the basic constituents of the preparations, containing biodiesel, other than waste oils Kg. ….. 2710 91 00 – Containing Polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs) Kg. ….. 2710 99 00 – Other

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THE FIRST SCHEDULE – Amendment Acts – SCHEDULES – TAXATION LAWS (AMENDMENT) Act, 2017 – THE FIRST SCHEDULE – THE FIRST SCHEDULE (See section 11) "THE THIRD SCHEDULE [See section 2 (f) (iii)] NOTES 1. In this Schedule, "heading", "sub-heading" and "tariff item" mean respectively, a heading, sub-heading and tariff item in the Fourth Schedule. 2. The rules for the interpretation, the Section, Chapter Notes and the General Explanatory Notes of the Fourth Schedule

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Section 19 – Amendment Acts – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 19 – Collection and payment of arrears of duties 19. Notwithstanding the repeal of the enactments specified in the Third Schedule, the proceeds of duties levied under the said enactments immediately preceding the date appointed under sub-section (2) of section 1,- (i) if collected by the collecting agencies but not paid into the Reserve Bank of India; or (ii) if not collected by the collecting agencies,

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Section 18 – Amendment Acts – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 18 – Repeal and savings of certain enactments. 18. (1) The enactments specified in the third column of the Third Schedule are hereby repealed to the extent specified in the fourth column thereof. (2) Notwithstanding the repeal under sub-section (1), such repeal shall not- (a) affect any other law in which the repealed enactment has been applied, incorporated or referred to; (b) affect the validity, invalidity, effect or consequences of anything already done or suffered or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, pen

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Goods and Services Tax – Customs, Excise & CST amendments – Post GST – TMI Updates – Highlights

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Amendment of Seventh Schedule to Act 18 of 2005. – Section 17 – Amendment Acts – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 17 – Amendment of Seventh Schedule to Act 18 of 2005. 17.

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Section 16 – Amendment Acts – MISCELLANEOUS – TAXATION LAWS (AMENDMENT) Act, 2017 – Section 16 – CHAPTER IV MISCELLANEOUS Amendment of Seventh Schedule to Act 14 of 2001. 16. In the Finance Act, 2001, in the Seventh Schedule,- (a) except tariff items 2402 20 10, 2402 20 20, 2402 20 30, 2402 20 40, 2402 20 50, 2402 20 90, 2402 90 10, 2403 11 10, 2403 19 10, 2403 19 21, 2403 19 29, 2403 19 90, 2403 91 00, 2403 99 10, 2403 99 20, 2403 99 30, 2403 99 40, 2403 99 50, 2403 99 60, 2403 99 90 and 2709

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