Author: admin_gst

Goods and Services Tax – GST – Dated:- 19-11-2016 – The Cabinet Secretary Shri Pradeep Kumar Sinha will be chairing an interactive seminar on Goods and Services Tax (GST) today. The seminar is being organized for senior officers of the different Departments of the Government of India to familiarize them on the important features of GST.The Seminar is being organised by the GST Council in national capital. Introduction of Goods and Services Tax (GST) is the most important reform of indirect tax

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VAT and Sales Tax – Levy of VAT on mobile (telecom) services – The call charges per call will depend on plan tariff and call durations. This is only a service and there is no transfer of goods or sale

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Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 18-11-2016 – This chapter will focus on time of supply of goods and services vis a vis valuation of supply which includes goods and services. Both are very significant part of any business vis a vis taxation . Time is important for point of tax that when the liability to pay tax will arise on goods and service . Similarly Valuation on what value the tax shall be levied by Government. For valuing any goods what to include and not to include is subject of big discussion. This has all been incorporated in Section 12,13,14 and 15 of the MGL. Main basis of valuation is transaction value where the parties are not related. Important is when parties are related, what value shall be applied and how the same shall be considered in Determination of value of supply of Goods and Services Rule,2016. Let us address the issue one by one. Time of Supply of Goods The liability to pay CGST and SGST shall arise only at the time of supply of g

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ly of services The liability to pay CGST and SGST shall arise only at the time of supply of services. Time of supply of services shall be : Date of issue of invoice or receipt of payment which ever is earlier if invoice is issued in prescribed time Date of completion of services or receipt of payment whichever is earlier if invoice is not raised in prescribed time Where the above said clause do not apply, date on which recipient shows the receipt of services in his books. In case of continuous supply of services ; Due date of payment as per the contract whether the invoice is issued or not or any payment has been received or not by the supplier of services Where payment date is not mentioned in the contract, issue of invoice or receipt of payment whichever is earlier shall be the time of supply of services. Where the payment is linked to completion of some event , time of completion of that event In case where tax is payable on supply of services under reverse charge, earliest of the f

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ice shall be time of supply. Where payment is received before change of rate of tax and invoice is issued after the change of rate of tax, time of supply shall be date of receipt of payment In the case of taxable services has been provided after the change of effective rate of tax Where the payment is received after the change of rate of tax and invoice is raised before change of rate of tax, time of supply of services shall be date of date of receipt of payment. Where the invoice is raised after the change of rate of tax and payment is received before the change of rate of tax , time of supply shall be date of date of invoice. Where the invoice is raised and payment is received before the change of rate of tax , time of supply shall be earlier of the invoice or receipt of payment date. Value of Taxable Supply The value of supply of goods or supply of services shall be transaction value where the supplier and recipient of supplier is not related party Transaction value mentioned above

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time of supply provided such discount allowed as normal course of business and trade practice In the following situation or circumstances value of supply of goods or services can not be valued as mentioned in point no.1 means thereby transaction value Consideration is not money Supplier and recipient is related Reason to doubt the transaction value Business transaction done by pure agent, insurer, money changer, air travel agent and distributor or selling agent of lottery In the above case Rule 4 to 6 of the Determination of value of Supply of goods and services, Rule 2016 shall apply. Same is illustrated below Determination of value of supply of goods and services Rule,2016 Method of determination of Value [ Rule 3] Value of goods and services shall be transaction value Transaction value is value determined in monetary terms Transaction value shall be accepted even though the parties are related and not influenced the price In case of stock transfer from one business place to another

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expenses Residual Method [ Rule -6] Where the value of goods or supply can not be established under rule 4 & 5 as mentioned above , value shall be determined using reasonable means consistent with the principle and general provision of these rules . FAQ on Valuation of supply of goods and services What is transaction value? Transaction value refers to price actually paid or payable for supply of goods or services where the supplier and recipient are not related. Are there separate provision for valuation in SGST,CGST and IGST for goods and service ? No. Section 15 is common for all three taxes and also common for goods and services. Is reference to valuation required in all cases? No. Reference of valuation required only in cases listed in S. 15[4]. Weather post supplies discounts are to be included in transaction value ? Yes . unless linked to agreement that it is known at the time of supply. Weather pre supply discount allowed before or at the time of supply includable in transac

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 17-11-2016 Last Replied Date:- 18-11-2016 – Appeal to High Court Section 87 of the Model Goods and Services Tax Act, 2016 ( Act for short) deals with the procedure in filing appeal before High Court against the order of the Tribunal under Section 83 of the Act. The High Court may admit such appeal if it is satisfied that the case involves a substantial question of law. Matters for which no appeal lies Section 87(2) provides that no appeal shall lie to High Court against an order passed by the Appellate Tribunal if such order relates, among other things, to- a matter where two or more States, or a State and Center, have a difference of views regarding the treatment of transaction(s) being intra-state or inter-state; or a matter where two or more States, or a State and Center, have a difference of views regarding place of supply. Limitation Section 87(3) provides that the appeal before High Court shall be filed within180

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satisfied that a substantial question of law is involved inany case, it shall formulate that question; The appeal shall be heard only on the question of law so formulated by the High Court; The respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question; The High Court is having power to hear the appeal on any othersubstantial question of law not formulated by it, if it is satisfied that the case involves such question; The High Court shall decide the question of law formulated and deliver such judgment containing the grounds on which such decision is founded and may award such cost as it deems fit; The High Court may determine any issue which- has not been determined by the Appellate Tribunal; or has been wrongly determined by the Appellate Tribunal, by reason of a decision on such question of law; The appeal shall be heard by a Bench of not less than two Judges of the High Court and shall be decided in accordance with the opinion

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nder Section 87, in any case which, on its own motion or an oral application by or on behalf of the party aggrieved, immediately after passing of the Judgment or order, the High Court certifies to be a fit one for appeal to the Supreme Court. Section 88(2) provides that an appeal shall lie to the Supreme Court from any order passed by the Appellate Tribunal where such order is of the nature of the following- a matter where two or more States, or a State and Center, have a difference of views regarding the treatment of transaction(s) being intra-state or inter-state; or a matter where two or more States, or a State and Center, have a difference of views regarding place of supply. Section 89(1) provides that the provisions of the Code of Civil Procedure relating to the appeals to the Supreme Court shall, so far as may be, apply in the case of appeals under Section 88 as they apply in the case of appeals from decrees of a High Court. Nothing in Section 89(1) shall be deemed to affect the

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Section 36 – Act – Appellate Tribunal – Prevention of Money-Laundering Act, 2002 – Section 36 – Distribution of business amongst Benches. 36. Where any Benches are constituted, the 1[Chairman] may, from time to time, by notification, make provisions as to the distribution of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with by each Bench. Notes: 1. Substituted Vide Finance Act, 2016, w.e.f. 1-6-2016. Before it was read as: &quot

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Goods and Services Tax – GST – By: – Puneet Agrawal – Dated:- 15-11-2016 Last Replied Date:- 18-11-2016 – With effect from 08th November, 2016, The GSTN has initiated GST migration/enrolment proceedings for existing taxpayers. The gst portal is being hosted at the domain www.gst.gov.in which shall be a one-stop destination for filing and processing of GST (CGST, SGST & IGST). An existing taxpayer is an entity currently registered under any of the Acts as specified below : Central Excise Service Tax State Sales Tax / VAT (except exclusive liquor dealers if registered under VAT) Entry Tax Luxury Tax Entertainment Tax (except levied by the local bodies) The migration process has been initiated in a staggered manner. The schedule is annexe

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ompanies, Foreign Companies, Limited Liability Partnership (LLP), Foreign Limited Liability (FLLPs) and for others e-sign will also be allowed. Post submission, an Application Reference Number (ARN) shall be generated which can be used to track status of the enrolment application. On successful completion of enrolment application, a Provisional Registration Certificate shall be available on the common portal Dashboard on the appointed date (to be prescribed) in [Form GST REG – 21] which shall be valid for six months. Thereafter, the Final Registration Number under GST or GSTIN shall be made available subject to verifications, within 06 months from verification. It is noteworthy, that paramount consideration at this juncture must be to deter

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 15-11-2016 – The Model Goods and Services Tax Act, 2016 ( Act for short) provides separate provisions for filing appeals for CGST and SGST. There is no provision for filing appeal by the Department for SGST law against the order of adjudicating authority. Instead of it revisionary power is given to the Commissioner. Appeal by the assessee Section 79(1) provides that any person aggrieved by any decision or order passed against him under this Act by an Adjudicating Authority, may file appeal to the prescribed First Appellate Authority. Section 2(4) defines the term adjudicating authority as any authority competent to pass any order or decision under this Act, but does not include the Board, the First Appellate Authority and the Appellate Tribunal. The Act does not provide the proper officer as adjudicating authority. This may come in the original Act or rules to be framed for this purpose. Section 2(45) defines the term

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by him; and a sum equal to 10% of the remaining amount in dispute arising from the said order, in relation to which the appeal has been filed. The Department is having right to apply to the First Appellate Authority for ordering a higher amount of pre deposit, not exceeding 50% of the amount in dispute, in a case which is considered by the Commissioner of GST to be a serious case . Serious case The explanation to Section 79 defines the term serious case as a case involving a disputed tax liability not less than ₹ 25 crores and where the Commissioner of GST is of the opinion, for reasons to be recorded in writing, that the department has a very good case against the tax payer. Amount in dispute The expression amount in dispute shall include- Amount determined under Section 46 – Assessment of non filers of returns; or Amount determined under Section 47 – Assessment of unregistered persons; or Amount determined under Section 48 – Summary assessment in certain special cases; or Amoun

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ounds of appeal was not willful or unreasonable; The First Appellate Authority shall, after making such further inquiry as may be necessary, pass such order, as he thinks just and proper, confirming, modifying or annulling the decision or order appealed against; An order enhancing any fee or penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund or input tax credit shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order; Where the First Appellate Authority is of the opinion that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilized, no order requiring the appellant to pay such tax or input tax credit shall be passed unless the appellant is given notice to show cause against the proposed order and the order is passed within the time limit specified under Section 51; The order of the First A

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rders passed by a GST Officer against which appeal cannot be filed. The said list is furnished as below- An order of the Commissioner or other competent authority for transfer of proceeding from one officer to another officer; An order pertaining to the seizure or retention of books of account, register and other documents; or An order sanctioning prosecution under the Act; or An order passed under Section 55. (Payment of tax in installments) Revision Section 80(1) provides that subject to Section 93 and rules made there under, the Commissioner may on his own motion or upon information received by him, call for and examine the record of any proceeding under this Act and if he considers that any decision or order passed under this Act by any other subordinate to him is erroneous in so far as it is prejudicial to the interest of the revenue, he may, if necessary, stay the operation of such decision or order for such period as he deems fit and after giving the person concerned an opportun

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Tribunal or as the case may be, the High Court is pending, the period spent between the date of the decision of the Appellate Tribunal and the date of the decision of the High Court, or as the case may be, the date of the decision of the High Court and the date of decision of Supreme Court, shall be excluded in computing the period. Section 80(6) provides that where the issuance of an order is stayed by the order of a Court or Tribunal, the period of such stay shall be excluded in computing the period of three years. Section 80(3) provides that the Commissioner may pass an order on any point which has not been raised and decided in an appeal before the expiry of a period of one year from the date of the order in such appeal or before the expiry of a period of three years whichever is later. Section 80(4) provides that the every order passed in revision shall, unless challenged before the higher forum, be final. Appeal by the Tribunal The appeal against the order of the First Appellate

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appeal where the tax or input credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined by such order is less than ₹ 1 lakh. Limitation period Section 82 (3) provides that every appeal shall be filed within three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal. Pre deposit Section 82 (7) provides that no appeal shall be filed unless the appellant has deposited- In full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and A sum equal to10% of the remaining amount in dispute arising from the said order, in relation to which the appeal has been filed. Amount in dispute The expression amount in dispute shall include- Amount determined under Section 46 – Assessment of non filers of returns; or Amount determined under Section 47 – Assessment of unregistered persons; or Amount determ

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nding that he may not have appealed against such an order or part thereof, file, within 45 days of the receipt of notice, a memorandum of cross-objections, verified in the prescribed manner, against any part of the order appealed against and such memorandum shall be disposed of by the Tribunal, as if it were an appeal; The Tribunal may admit an appeal or permit the filing of memorandum of cross objections after the expiry of the limitation, if it is satisfied that there was sufficient cause for not making it within that period; The Tribunal, if sufficient cause is shown, at any stage of hearing of an appeal, grant time, from time to time, to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing; No adjournment shall be granted more than three times to a party during hearing of the appeal; The Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders as it thinks fit, confirming, modifying or ann

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Goods and Services Tax – GST – By: – Puneet Agrawal – Dated:- 14-11-2016 Last Replied Date:- 18-11-2016 – With effect from 08th November, 2016, The GSTN has initiated GST migration/enrolment proceedings for existing taxpayers. The gst portal is being hosted at the domain www.gst.gov.in which shall be a one-stop destination for filing and processing of GST (CGST, SGST & IGST). An existing taxpayer is an entity currently registered under any of the Acts as specified below : Central Excise Service Tax State Sales Tax / VAT (except exclusive liquor dealers if registered under VAT) Entry Tax Luxury Tax Entertainment Tax (except levied by the local bodies) The migration process has been initiated in a staggered manner. The schedule is annexe

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ompanies, Foreign Companies, Limited Liability Partnership (LLP), Foreign Limited Liability (FLLPs) and for others e-sign will also be allowed. Post submission, an Application Reference Number (ARN) shall be generated which can be used to track status of the enrolment application. On successful completion of enrolment application, a Provisional Registration Certificate shall be available on the common portal Dashboard on the appointed date (to be prescribed) in [Form GST REG – 21] which shall be valid for six months. Thereafter, the Final Registration Number under GST or GSTIN shall be made available subject to verifications, within 06 months from verification. It is noteworthy, that paramount consideration at this juncture must be to deter

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Goods and Services Tax – GST – By: – Puneet Agrawal – Dated:- 14-11-2016 Last Replied Date:- 15-11-2016 – Tax invoice Registered taxable person supplying taxable goods/ taxable services shall issue a tax invoice. Tax invoice shall include invoice issued by ISD, supplementary and revised invoice issued by a registered taxable person. Thus, the taxable person who has obtained registration under CGST Act and SGST Act can only issue tax invoice. Tax invoice shall be issued: in case of supply of taxable goods – at the time of supply In case of supply of taxable service – within prescribed time Thus tax invoice in respect of supply of taxable goods is to be issued even before the actual supply takes place i.e. even for advances. Tax invoice, in

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n taxable person shall be liable to pay penalty under Section 66 of the CGST Act/ SGST Act. Tax invoice is an essential document for recipient of goods/ services to avail input tax credit. Where any supply is made for a consideration, then person liable to pay tax shall prominently indicate in all documents relating to assessment, tax invoice and other like documents, the amount of tax which will form part of the price at which such supply is made. – Reply By Khagendranath Mahato – The Reply = As per Proviso of section 24(1) of the Act no credit note shall be issued by the supplier if the incidence of tax and interest on relevant supply has been passed by him to any other person. Requested to explain this situation with example. – Articles

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 12-11-2016 – The Model Goods and Services Tax Act, 2016 ( Act for short) provides for appeals, revisions. Different procedures have been given in respect of CGST as well as SGST. In this article the provisions relating to appeals under the Act in respect of CGST will be discussed. Appeal by assessee Section 79(1) provides that any person aggrieved by any decision or order passed against him under this Act by an adjudicating authority, may appeal to the prescribed First Appellate Authority. Section 2(4) defines the term adjudicating authority as any authority competent to pass any order or decision under this Act, but does not include the Board, the First Appellate Authority and the Appellate Tribunal. The Act does not provide the proper officer as adjudicating authority. This may come in the original Act or rules to be framed for this purpose. Section 2(45) defines the term First Appellate Authority as an authority ref

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to condone the delay for a further period of one month if he is satisfied that the appellant is prevented by sufficient cause from presenting the appeal within the limitation period. Form for appeal Section 79(5) provides that every appeal shall be in the prescribed form and shall be verified in the prescribed manner. Pre deposit Section 79(6) provides that no appeal shall be filed unless the appellant has deposited a sum equal to 10% of the amount in dispute (not penalty) arising from the said order, in relation to which the appeal has been filed. Amount in dispute The expression amount in dispute shall include- Amount determined under Section 46 – Assessment of non filers of returns; or Amount determined under Section 47 – Assessment of unregistered persons; or Amount determined under Section 48 – Summary assessment in certain special cases; or Amount determined under Section 51 – Determination of tax not paid or short paid or erroneously refunded; Amount payable under the GST Credi

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to any ground of appeal not specified in the grounds of appeal, if he is satisfied that the omission of that ground from the grounds of appeal was not willful or unreasonable; The First Appellate Authority shall, after making such further inquiry as may be necessary, pass such order, as he thinks just and proper, confirming, modifying or annulling the decision or order appealed against; An order enhancing any fee or penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund or input tax credit shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order; Where the First Appellate Authority is of the opinion that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilized, no order requiring the appellant to pay such tax or input tax credit shall be passed unless the appellant is given notice to show caus

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ws- The Tribunal shall be headed by a National President; The Tribunal shall have one branch for each State, which shall be called as the State GST Tribunal; Every State GST Tribunal shall be headed by a State President; Every State GST Tribunal shall consist of as many members (judicial), Members (Technical – CGST) and Members (Technical – SGST) as may be prescribed, to discharge the duties conferred by this Act; The qualifications, eligibility conditions and the manner of selection and appointment of the National President, the State President and the Members shall be as may be prescribed on the recommendations of the Council; Threshold limit Section 82(2) provides that the Tribunal shall not entertain an appeal where the tax or input credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined by such order is less than ₹ 1 lakh. Appeal by Department Section 82(3) provides that the Board may constitute Committees for th

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ising from the order, in relation to which the appeal has been failed. Amount in dispute The expression amount in dispute shall include- Amount determined under Section 46 – Assessment of non filers of returns; or Amount determined under Section 47 – Assessment of unregistered persons; or Amount determined under Section 48 – Summary assessment in certain special cases; or Amount determined under Section 51 – Determination of tax not paid or short paid or erroneously refunded; Amount payable under the GST Credit Rules; Amount of fee levied or penalty imposed. Procedure The following is the procedure involved in disposing the appeal by the Tribunal- Every appeal shall be filed within 3 months from the date on which the order sought to be appeal against is communicated to the Commissioner of GST or the person preferring the appeal; Every appeal shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a prescribed fee.No fee shall be payabl

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ing hearing of the appeal; The Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders as it thinks fit, confirming, modifying or annulling the decision or order; or may refer the case back to the First Appellate Authority or to the Original Authority, with such directions, as it may think fit, for a fresh adjudication or decision, after taking additional evidence, if necessary; The Tribunal shall, where it is possible to do so, hear and decide every appeal within a period of one year from the date on which it is filed; The copy of the order shall be send to the First Appellate Authority or to the Original Adjudicating Authority, the appellant, the jurisdictional Commissioner of CGST and the jurisdictional Commissioner of SGST; Every order passed by the Tribunal, unless appealed against shall be final. Rectification of mistake Section 82(11) provides that in an appeal for rectification of mistake application may be made before the Tribunal a

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Goods and Services Tax – GST – Dated:- 12-11-2016 – Former World Bank Chief Economist Kaushik Basu said the Modi government's decision to demonetise high denomination currency notes is not 'good economics' and the collateral damage of demonetisation is likely to far outstrip the benefits. GST was good economics; the demonetization is not. Its economics is complex and the collateral damage is likely to far outstrip the benefits, Basu, who was also Chief Economic Advisor in the Ministry of Finance, said in a tweet. Basu is currently professor of Economics and C Marks Professor at Cornell University. Basu on November 8 had said that with demonetisation, it is very likely that there will be a spike in gold and silver prices in Indi

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Goods and Services Tax – GST – Dated:- 10-11-2016 – FM: No Harassment of Small Depositors of Demonetised High Value Notes; Finance Minister Shri Arun Jaitley inaugurates the Two Day Economic Editors Conference in New Delhi The Union Minister for Finance and Corporate Affairs, Shri Arun Jaitley said that the Government has endeavoured its best to take a number of decisions through a consensus route for the overall growth of the economy during the last two and half years. He said that the present NDA government took over under adverse global circumstances and its challenge was to re-establish the credibility of economic decision making process. But, the Government did not shy away from it and in the larger interest of the country, it tried i

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process,whether in case of auction of coal blocks or spectrum etc., was deliberately minimized. Shri Jaitley said that the Government is working on tax reforms including Goods and Services Tax (GST). Shri Jaitley further said that the Government has initiated a series of measures to ensure that the State subsidies reach the most deserving. He said that the major issues have been resolved and GST will be implemented by April 1st 2017, besides this, parallel reforms are also in the pipe line in direct tax structure. He said tax collection this year is reasonably good, there is spurt in public expenditure and local demand is increasing. Hence there will be positive impact of recent decision of demonetising of higher value currency notes. He a

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Ministers and senior functionaries of the Government of India on key economic issues. He expressed hope that the Conference would also help in acquiring different perspectives of the relevant context and background behind a particular initiative of the Government. He further said that this exercise of media outreach will pave the way for better and informed perceptions which in turn will benefit and empower people through various columns and reports of the participating media delegates. The two day conference is being organised by Press Information Bureau in collaboration with the Ministry of Finance. The Main objective of the Economic Editors Conference is to apprise the media persons about the major policy initiatives, achievements and f

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 10-11-2016 – The GST Council in its fourth sitting on 3-4 November, 2016 zeroed in at the GST rates with consensus amongst all the states and the centre. The tax rates have been set in a four slab tax structure of 5 percent, 12 percent, 18 percent and 28 percent with lower rates for essential items and higher rates for luxury and demerit goods. Such items may also attract an additional cess to create a corpus for funding requirements for any revenue loss to be compensated by the centre to the States, if such a situation arises. In fact, there will be seven rates of taxes as follows: 0% Exempted goods 5% Necessary / daily use goods 12% Standard rate I 18% Standard rate II 28%

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, the litigation. It is hoped that about 50 percent of the good in consumer price index basket and items of mass consumption shall be exempt or zero rated which will essentially include food grains. On the other end, top of bracket of 28% and of course, cess, shall be levied on luxury goods and cars / tobacco products. Such goods which suffer a higher tax will hardly be beneficial to consumers or tax payers. The 5% tax rate will be on items of common use. Most of the other items will be subject to 12% and 18% tax which still will be lower than the existing tax impact (central excise plus service tax). The overall tax rate structure may lead to inflation as services shall become costlier unless the Government decides to put them in 12% brack

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Goods and Services Tax – GST – By: – Bimal jain – Dated:- 10-11-2016 – Dear Professional Colleague, Enrolment of existing taxpayer on GSTN Portal and FAQs on registration and migration of existing taxpayers The Government is striving hard to meet its ambitious target to roll out a pan India Goods and Services Tax ( GST ) from April 1, 2017. One of the biggest challenges in implementation of GST is migration of existing taxpayers to GST System to ensure smooth transition to GST regime. In series of events to witness the GST light of the day, enrolment is now open for the assessee presently registered with State Tax or VAT in Puducherry, the first in the Country (along with Sikkim), from November 8, 2016 which will continue up to November 23, 2016. On the same day, GST System Portal www.gst.gov.in ( GSTN Portal ) has been launched by the Government of India. Mr. Navin Kumar, Chairman of GST Network ( GSTN ) said The enrolment of other States will be done subsequently and the entire proc

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uary 31, 2017 for those who miss the chance. (Source: http://www.gst.gov.in/documents/enrolment-plan.pdf) FAQS RELEASED BY THE GSTN Recently, the GSTN, has released 56 Frequently Asked Questions (FAQs) for enrolment of the existing taxpayer on the GSTN Portal. Indeed, these FAQs will be an effective tool in disseminating knowledge on Migration of existing taxpayers to GST System. We are summarising herewith key highlights of the FAQs for easy digest- Meaning of existing taxpayer: An existing taxpayer is an entity currently registered under any of the Acts as given below- Central Excise Service tax State Sales tax / VAT (except exclusive liquor dealers if registered under VAT) Entry tax Luxury tax Entertainment tax (except levied by the local bodies). Enrolment under GST: Enrolment under GST means validating the data of existing taxpayers and filling up the remaining key fields. The data available with various tax authorities is incomplete. Thus, fresh enrolment is required for all exis

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d received from the State VAT/Centre Tax Department is to be provided and in case user name and password is not received, then, contact concerned jurisdiction State/Centre authorities. For subsequent login, username and password as created by the taxpayer while enrolling with GSTN portal. Prefilled details in enrolment application The following details will be auto-populated in the enrolment application based on existing data- PAN of the Business Legal Name of Business State Reason of liability to obtain registration Email Address and Mobile number of primary Authorized Signatory entered during enrolling with GSTN Portal. The legal name, State name and PAN cannot be changed in the enrolment application. Information/ Documents required for enrolling with GST Before enrolling with GSTN Portal, you must ensure to have the following information/ documents available with you:- Provisional ID received from State/Central Authorities, Password received from the State/Central Authorities, Valid

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ayers. Every page of the application is to be saved after filling of the details. Aadhaar is not mandatory for filling of enrolment application. However, Digital Signature (DSC) or Aadhaar based E-signing would be required for submission of enrolment application. Application for enrolment to be mandatorily signed by DSC for enrolment by Companies, Foreign Companies, Limited Liability Partnership (LLPs) and Foreign Limited Liability Partnership (FLLPs). Application for enrolment can be signed through Electronic Signature (E-sign), which is an online Electronic Signature service to facilitate Aadhaar holder to digitally sign a document. Documents required- Proof of Constitution of Business: In case of Partnership firm- Partnership Deed of Partnership Firm (PDF and JPEG format in maximum size of 1 MB). In case of Others- Registration certificate of the Business Entity (PDF and JPEG format in maximum size of 1 MB). Photograph of Promoters/Partners/Karta of HUF (JPEG format in maximum size

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ty of being heard) in case wrong or fake or incorrect document has been furnished/uploaded with DSC or E-Sign. Issuance of Provisional and Final Registration certificate Provisional Registration certificate will be available on the dashboard of the taxpayer on the appointed date if enrolment application has been filed successfully. The final Registration certificate will be provided after verification of documents (within 6 months) by proper officer(s) Centre/State of concerned jurisdiction(s) after appointed date. Registration of multiple businesses in one State: As one PAN allows one GST Registration in a State, register one business entity first. For the remaining business verticals within the State, please get in touch with the concerned jurisdictional authority. Afresh registration for Input Service Distributor (ISD): An existing ISD taxpayer, need to apply afresh in the GSTN Portal for the State where it desire to seek registration. Concerned Central jurisdictional authority need

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Goods and Services Tax – Started By: – sreemannarayana B – Dated:- 9-11-2016 Last Replied Date:- 11-11-2016 – Dear ExpertsCan any one clarify whether, it is require to register for all the states where ever the goods are going to be consumed or registration is required only where the business establishment is located ? – Reply By MARIAPPAN GOVINDARAJAN – The Reply = If the business spreads its wings in more than one state, the registration is compulsorily required to be done for each State. – Reply By sreemannarayana B – The Reply = Sir, Thank you very much for the response. However, i need some more clarity on this. As per the MGL, every person who is liable to take a Registration will have to get registered separately for each of the Sta

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 9-11-2016 Last Replied Date:- 9-11-2016 – Section 116 of the model GST law provides for GST Compliance Rating which is a new concept in India. Presently, there is no system of compliance rating under any tax law in India. GST compliance rating is a new concept. Accordingly, every taxable person shall be assigned a GST compliance rating score based on his record of compliance with the provisions of the GST Act. Every taxable person irrespective of its nature or size or turnover shall be assigned a GST compliance rating. The GST compliance rating score shall be determined on the basis of parameters to be prescribed in this behalf. Compliance rating scores could be based on pro

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cords, selection of cases for audit or scrutiny etc. A taxable person with higher rating may be given certain privileges while a lower rating may invite enhanced surveillance. This may also instill healthy competition amongst tax payers for attaining a higher rating leading to enhanced reputation and as an indicator of good governance. Since GST shall operate on electronic platform, GSTN may be entrusted with the responsibility of determining rating scores based on parameters, its periodic updating and publication of rating in public domain. Since the compliance ratings would be placed in public domain, businesses or dealers would be able to take informed decision to deal with the lesser complaint taxable person. A highly rated taxable pers

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 9-11-2016 – Advance Ruling Section 94(a) of Model Goods and Services Tax Act, 2016 ( Act for short) defines the term Advance Ruling as a written decision provided by the Authority (the Authority for Advance Ruling) or, as the case may be, the Appellate Authority to an applicant on matters or on questions in relation to supply of goods and/or services proposed to be undertaken or being undertaken by the applicant. Question on which Advance Ruling is sought Section 97(2) provides the list of questions on which the advance ruling sought as detailed below- Classification of any goods and/or services under the Act; Applicability of a notification issued under provisions of the Act having a bearing on the rate of tax; The principles to be adopted for the purposes of determination of value of the goods and/or services under the provisions of the Act; Admissibility of input tax credit of tax paid or deemed to have been paid; D

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f appointment of the members shall be prescribed the rules. Appellate Authority Section 96 provides that the constitution of Appellate Authority which is the salient feature of the Model GST Law. The Appellate Authority shall hear appeal against the order of the Authority for Advance Ruling. The Appellate Authority shall comprise – The Chief Commissioner of CGST as designated by the Board; and The Commissioner of SGST having jurisdiction over the applicant. Procedure The Act provides the following procedure in getting advance ruling from the Authority- An applicant desirous of obtaining an advance ruling may make an application in such form and in such manner as may be prescribed, stating the question on which the advance ruling is sought; On receipt of the application, the Authority shall send a copy to the Officers as may be prescribedand if necessary call upon him to furnish the relevant records; Where any records have been called for by the Authority shall be returned as soon as pr

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ity shall give reasons for such rejection in the order; A copy of the order as above shall be sent to the applicant and to the prescribed officers; If the application is admitted, the Authority shall, after examining such further material as may be placed before it by the applicant or obtained by theAuthority and after giving an opportunity of being heard to the parties concerned, pronounce its advance ruling on the question specified in the application; The Authority have power to regulate its own procedure in all matters arising out of the exercise of the powers under the Act; The Authority shall have the powers of a Civil Court under CPC for the purpose of exercising its powers regarding discovery and inspection, enforcing the attendance of any person and examining him on oath, issuing commissions and compelling production of books of account and other records; If the members of the Authority differ on any question they shall state the point or points on which they differ and make a

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te authority may, after giving the parties, an opportunity of being heard, pass such order as it thins fit, confirming or modifying the ruling appealed against. The order shall be passed within a period of 90 days from the date of filing. The Appellate Authority has power to regulate its own procedure in all matters arising out of the exercise of the powers under the Act. The Appellate Authority shall have the powers of a Civil Court under CPC for the purpose of exercising its powers regarding discovery and inspection, enforcing the attendance of any person and examining him on oath, issuing commissions and compelling production of books of account and other records; Where the members of the Appellate Authority differ on any point or points referred to in the appeal, it shall be deemed that no advance ruling can be issued in respect of the question covered under the appeal. A copy of the advance ruling made by the Appellate Authority signed by the Members and certified in the prescribe

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the Authority or the Appellate Authority shall be binding only on the- applicant who had sought it in respect of any matter referred to in the application for advance ruling; jurisdictional tax authorities in respect of the applicant. Time of applicability The advance ruling shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed. Advance ruling when to be void Section 103 provides that where the Authority or the Appellate Authority finds that the advance ruling has been obtained by the applicant or the appellant by fraud or suppression of material facts or misrepresentation of facts, it may, by order declare such ruling to be void ab initio. All the provisions of the Act shall apply, excluding the period beginning with the date of such advance ruling and ending with the date of order, to the applicant as if such advance ruling had never been made. Such order shall be passed only after giving an opportunity to the applicant of being h

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FAQs on GST Enrolment Procedure – Goods and Services Tax – GST – Dated:- 8-11-2016 News – Press release

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Goods and Services Tax – GST – Dated:- 8-11-2016 – A new and simpler portal for the incoming Goods and Services Tax regime went live today that will enable easy filing of returns and tax payments through credit/debit cards and other modes. As much as 60 per cent of the software needed to run GST is ready and GSTN – the company building the gigantic infrastructure and IT backbone for it, made the www.gst.gov.in portal live for migrating existing tax payers. It will test the software for integrating a welter of state and central levies before the 'one market, one rate' tax model comes into being from April next year. GSTN Chairman Navin Kumar said migrating more than 65 lakh VAT payers, about 20 lakh service tax payers and about 3-4

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payment. Because we started work in November 2015, today we are in a happy position that 60 per cent of the software development has been completed; 40 per cent is balance and that work is going on, Kumar said. The GSTN is building four data centres spread across Delhi and Bengaluru to ensure that the data is safe, secure and to ensure data recovery, whenever required. Kumar said GSTN has started importing hardware and by December all equipment would be ready and testing would start. About 80 lakh tax payers will be migrated from the existing to GST regime. That migration we are starting now. We will generate a PAN-based provisional ID for each tax payer. By December, all the hardware equipment will be ready. Then, the software will be put

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Goods and Services Tax – GST – Dated:- 8-11-2016 – The schedule of the enrolment activation drive for states is given below. We encourage you to complete the enrolment during the specified dates. However, the window will be open till 31/01/2017 for those who miss the chance. States Start Date End Date Puducherry, Sikkim 08/11/2016 23/11/2016 Gujrat, Maharashtra, Goa, Daman and Diu, Dadra Nagar Haveli, Chhattisgarh 14/11/2016 29/11/2016 Odisha, Jharkhand, Bihar, West Bengal, Madhya Pradesh, Assa

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Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 8-11-2016 – Registration, Amendment and Cancellation under GST Law It is important to understand provision of GST law that when the registration is required like at what value of turnover , kind of person covered for registration, what are the situation where registration is required without the threshold limit means after the happening of particular transaction or transaction by particular person. How the amendment in the registration could be effected and cancellation of the same. Provision related to registration [ Section -19 and Schedule-III] Every person who is registered under the earlier law shall be issued provisional Number and after submission of requisite documents , GSTIN shall be issued as prescribed. Procedure for person those are already registered under earlier law and do not fall under the threshold limit as prescribed in Schedule-III, provisions of the same have not be laid down yet under the MGL. Every

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. Certificate of registration shall be issued in prescribed form with effective date. Registration or UIN shall be deemed to be granted with in such period as be prescribed unless rejected within the prescribed period. Central or State Govt. may prescribed the category of person who may be exempted from registration. Under the following circumstances , person shall be required to be registered irrespective of the threshold limit mentioned in the Schedule-III. Person making interstate taxable supply Casual taxable person Person who are required to pay tax under reverse charge Person who supply of goods or services on behalf of others RTP [ Registered Taxable Person] as agent or otherwise Input Service Distributor Person who supplies goods or services through electronic commerce operator . Every electronic commerce operator An Aggregator who supplies services under his brand name or his trade name Non resident taxable person Person who are required to deduct tax under Section -37. Specia

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n as may be prescribed under the following situation: Business is discontinued, transfer of business, death of proprietor, amalgamated with other legal entity, demerged or otherwise disposed off. Change in the constitution of business Taxable person no longer required to be registered other than voluntarily registered person The PO may cancel the registration under the following situations: RTP contravened the provision of law Person paying tax u/s 8 [ composite scheme] has not filed return for three consecutive tax period. Any taxable person other than mentioned above is not filing return for continuous period of six months. person taken voluntary registration and has not commenced business in six months from the date of registration. Where registration is obtained by means of fraud, willful misstatement or suppression of fact, the PO may cancel the registration with retrospective effect subject to the provision of Section 29. The liability to pay tax of RTP in situation of such cance

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ve date of registration Ans: where the application has been submitted within 30 days on which the person becomes liable to registration, effective date of registration shall be date of his liability for registration. In case of Voluntary registration, effective date shall be date of order of registration. Q-2 What is aggregate turnover? Ans: As per S.2[6] of MGL aggregate turnover include the aggregate value of All taxable and non taxable supplies Exempt supplies Export of goods and services of person having the same PAN The above shall be taken on all India basis. Aggregate turnover does not include value of supplies under reverse charge basis and value of inward supplies. Q-3 if person is doing business in different States, with same PAN, weather he can operate with single registration like centralized registration. Ans; No , there is no concept of centralized registration in GST. In each State where the business is operating , person has to take registration in each State as per Sec

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taxable person in terms of Sec. 2[69] of the MGL. Q-9 Weather Cancellation under CGST is cancellation under SGST? Ans; Yes. Section 21[6]. Q-10 Weather the Job worker will have to be compulsorily register? Ans; No. Section 43 of MGL does not prescribe any condition. Q-11 Weather the goods can be supplied directly from the place of job worker? Ans; yes but only in case where job worker is registered or the principal declare the place of business of the job worker as his additional place of business. Q-12 is there any system to facilitate small dealer having no IT infrastructure. Ans; yes . Tax Return Preparer [TRP] and Facilitation Centre [FC] Q-13 Can the registration certificate be downloaded from the GSTN portal? Ans; in case registration is granted , it can be downloaded from GST portal. About the Author: Author is practicing chartered accountant in Gurgaon and having specialisation in Service Tax and Haryana VAT. He can be reached at ca.sanjeevkumar@hotmail.com. – Articles – Knowle

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Goods and Services Tax – Started By: – Narendra Soni – Dated:- 7-11-2016 Last Replied Date:- 24-1-2017 – Dear Experts,Please confirm whether CGST or SGST or Both are applicable in the below two conditions, when :-1. The supplier and the recipient are both located within the State.OR2.The supplier and the recipient are located in different States. – Reply By Rajagopalan Ranganathan – The Reply = Sir,If supplier and the recipient are located within the State then CGST or SGST as the case may be, are applicable.If the supplier and the recipient are located in different States then IGST (Integrated goods and Service Tax) is applicable. – Reply By Narendra Soni – The Reply = SirIm your reply,unable to understand CGST or SGST as the case may be,

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only when the supplier and recipient are both located within the state .Kindly explain. – Reply By Narendra Soni – The Reply = Can any expert/ TMI expert explain the below :-Please refer to answer to FAQ no.10 released by Empowered committee, while the location of the supplier and the recipient within the country is immaterial for the purpose of CGST, SGST would be chargeable only when the supplier and recipient are both located within the state . – Reply By Ganeshan Kalyani – The Reply = Central levy is subsumed into CGST and state levy is subsumed into SGST . the central levy is applicable on intra state transaction as CGST and the same is applicable on inter state transaction as IGST . therefore , in my view the meaning of the sentence

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he supplier and the recipient within the country is immaterial for the purpose of CGST, SGST would be chargeable only when the supplier and the recipient are both located within the State. It has been clarified that for the purpose of levying CGST the location of the supplier and receiver is immaterial. But for the purpose of SGST the supplier and the recipient are both located within the State. If the supplier and the recipient are located in different states. IGST would attract. – Reply By Narendra Soni – The Reply = Dear Mr.Govindarajan,Kindly advice,As per your reply,it means:In Intra State supply:- Both SGST & CGST are payable.In Inter State supply:- Both IGST and CGST is Payable.In other words, CGST is payable in all supplies whet

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Goods and Services Tax – Started By: – raj kapoor – Dated:- 5-11-2016 Last Replied Date:- 8-11-2016 – what are the offences and penalties in under GST to transporter without invoice goods. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = Now comes only Model GST law. Let you wait till the original act comes. – Reply By Ganeshan Kalyani – The Reply = Chapter: XVI OFFENCES AND PENALTIES Section 66 : Offences and penalties Section 67 : General penalty Section 68 : General disciplines related to pen

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Goods and Services Tax – GST – Dated:- 5-11-2016 – Government of Goa Department of Commercial Taxes Panaji-Goa Procedure for enrollment of existing VAT Dealers on the GST System Portal 1. All registered Dealers under VAT or their Authorized Representatives should visit their respective Ward offices between 09/11/2016 to 11/11/2016 and collect sealed envelope containing their provisional ID and Password for use in completing online pre-registration under GST. 2. After Collecting provisional ID and Password , the Dealer should keep ready a) Valid email address ; b) Valid mobile number ; c) Bank Account Number ; d) Bank IFSC ; e) Scanned business Constitution documents E.g. Partnership deed, Registration Certificate of Company, etc. in PDF or

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g provisional registration, the Dealer needs to save every page after filling all the details by clicking on Save and Continue button at the bottom of each Page. 6. Please refer to Frequently Asked Questions (FAQ) available on Department website www.goacomtax.gov.in before proceeding for online pre-registration and in case of any difficulties faced in completing online provisional registration, please contact Helpdesk at respective Ward Offices. 7. Please complete your Online Provisional Registration on or before 29/11/2016 and ensure your smooth migration to GST regime and secure all benefits under transitional provisions under the new GST regime. Dipak M. Bandekar Commissioner of Commercial Taxes Government of Goa. Place: Panaji Goa Date:

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Goods and Services Tax – GST – By: – Monarch Bhatt – Dated:- 5-11-2016 Last Replied Date:- 6-11-2016 – On 03rd day of November, 2016 GST council began it s two days discussion wherein, centre had proposed for four tier rate structure. The proposed rate structure by the centre was 6%, 12%, 18% and 26%, which was finalised with slight modification and the finalised rates are 5%, 12%, 18% and 28%. My quick views on GST rates are as follows. In my view GST rates, adopted by the council for recommendation are very reasonable as it is subsuming all the current indirect tax levies including excise duty, VAT, Service Tax, and entry tax. I consider it as five tier rate structure and not four tier rate structure as one of the important rate under GS

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ries made from precious metals with or without stones may attract lower rate than currently announced lowest rate of 5%. However, jewellery made up with higher caret stone or over the specified grams may get covered under the category of luxury goods to attract 28% GST. However, it will lead to grey market and therefore such recommendation will be avoided by the council. The common usage goods will attract lowest tax rate of 5%. The higher rate of 28% will apply to luxury goods like cars. Additional cesses will also be imposed over and above 28% slab rate on Luxury cars, tobacco products, and aerated drinks. Therefore, such luxury products will be chargeable to much higher rate than recommended rate by the GST council. Services likely to at

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