Author: admin_gst

Goods and Services Tax – GST – By: – Bimal jain – Dated:- 8-9-2016 Last Replied Date:- 9-9-2016 – Dear Professional Colleague, Supply of Goods Vs. Supply of Services in GST: Test of Constitutional Validity Owing to the federal structure of India, where there are two taxing authorities – the Central Government and the State Government(s), the Country has witnessed overlapping of powers of the State Government(s) and the Central Government. Even though the current indirect tax system treats goods and services differently, in certain cases where goods and services with other types of supplies are being packaged as composite bundles & offered for sale to consumers under a variety of supply-chain arrangements, there is double taxation. This is evident in the following exemplary cases: Excise Vs. Service Tax: Drawings and designs, Commissioning and installations, Software etc. Service Tax Vs. VAT: AC Restaurant services, Works contract, Construction Services Right to use of movable good

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iness assets with or without consideration Sale of business assets by any other person to recover debt Goods forming part of business assets on ceasing to be a taxable person Supply of goods by an unincorporated association to its members Matters to be treated as supply of services: Transfer of right to use goods Lease, tenancy, easement, licence to occupy land Lease or letting out of building Job work on others' goods Personal use/making available for non-commercial use of business assets Renting of immovable property Construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or before its first occupation, whichever is earlier Temporary transfer or permitting the use or enjoyment of any intellectual property right Development, design, programming, cu

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T Law which has been for ages, marred the current tax regime. But, threadbare analyses of the same would reveal that the settlement of goods vs. services may not fade away so easily in GST when the Schedule II is tested on the scale of constitutional validity. Few of such important points are summarised as under: Is it constitutionally valid to treat intangibles as services? The Model GST Law has made it explicit that intangibles would be treated as supply of services (as per definition of services under Section 2(88) of the Model CGST/SGST Act, 2016), while the same has been excluded from the definition of goods given under Section 2(48) of the Model CGST/SGST Act, 2016. However, the definition of goods given under Article 366(12) of the Constitution of India is defined in inclusive manner to provide that goods includes all materials, commodities, and articles , and even there are settled judgments of the Hon ble Supreme Court to provide that this inclusive definition of goods incorpo

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s service , when the Constitution does not allow so. In case, tax is levied on the basis of definition provided in Model GST Law, it would tantamount to defiance of sanctity of the Constitution, which is ultra-virus. Packaged software – whether goods or services? Even if the bifurcation of goods and services created in Model GST Law by virtue of Schedule II is accepted (leaving aside the contraction with the Constitutional provisions), still there are certain matters where litigation may continue such as likely issue of dispute in case of packaged software (i.e. software provided in physical forms like CD/DVD, etc.), where a contrary view might be possible contending that by supplying software on CDs (being tangible property), the intention is to supply the software essentially (being intangible property) and not the CDs etc. Deemed sale of goods concept in the Constitution Vs. Schedule II As per Article 366(29A) of the Constitution, certain items such supply of food or any other artic

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ber thereof for cash, deferred payment or other valuable consideration; (f) a tax on the 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 (whether or not intoxicating), where such supply or service, is for cash, deferred payment or other valuable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made. While the 122nd Constitutional Amendment Bill, 2014 has chosen to continue with Article 366(29A) of the Constitution (as against 115th Constitutional Amendment Bill, 2011 wherein it was proposed to be deleted), on the contrary, as per the Model GST Law, the same i.e. AC Restaurant Services and Works Contract has been deemed to be as supply of services in terms of Schedule II to the Mo

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 8-9-2016 Last Replied Date:- 12-9-2016 – The model GST law as released by the Government / Empowered Committee on GST is in public domain since mid June 2016. The proposed provisions only conveys the Government s intention to levy GST in India and the manner in which it will be administered, levied , collected and implemented . However, the said proposed provisions require refinement, improvement and changes in order to be business friendly and lead to ease of doing business, boost economic growth, tax collection and balancing between inflation, revenue neutrality and participation of citizens by way of contribution to the exchequer in the form of goods and service tax. It is desirable and expected that the draftsmen should consider the following suggestions and inputs while finalizing the model law in its present form . Specific Suggestions Multiple state wise registrations will be a major hurdle for service providers

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d so as to exclude the value of exempt and non-taxable supplies from aggregate turnover to make it meaningful and objective. Otherwise the purpose of exemption / threshold will be defeated. Definition of supply should be 'comprehensive' and not inclusive. It is defined as 'supply includes' rather than supply means….'. This will add to litigation. The supply of capital goods (whether to own depot or to the customer) be kept outside the purview of GST , and only the leasing / renting / transfer of right to use the asset be subject to tax. Inter-state activities should exclude activities of same person. These activities are unnecessary under the GST law, unworkable and will be tantamount to creating inter-state fiscal frontiers, impeding free flow of goods and / services within the common market of India. The definition of manufacturer should be delinked from Central Excise Act and an elaborate definition of the term 'manufacture' be provided to avoid litigat

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e interest of small assessees as there might be a possibility that in aggregate turnover of ₹ 50 lakhs only a small amount constitute inter-state supply of goods or services which will deny him of the benefit of composition scheme. Valuation rules are too cumbersome so as to even prescribe valuation of services without consideration. Transaction value of goods and services should factor the 'discounts'. There should be no tax on free supplies. In GST system, it is expected that the figures submitted for GST returns will be validated with figures submitted to Income tax. Given the fact that the sale and provision of services is one of the factors for charging of tax, the taxable figures in GST will be far different than figures in accounts or in income tax. A system needs to be built so that the figures in other data base could be used for validation of figures in GST. The concept of granting input tax credits based on the matching concept of uploading data and filing of v

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ot hurry implementation of GST from April, 2017. There is lot of ground work to be done. The most important is awareness, education, training and trial runs. 1st April 2017 is not that sacrosanct but introduction of a perfect law at the right time is more important. Country can wait for a strong and robust GST law for some more time. General suggestions It should be ensured that all states have verbatim same provisions for rates, levy, administration and procedures. Only negative list or exemptions may vary based on regional issues. A large number of compliances / returns / reconciliations are proposed. This will only burden all stakeholders; will make GST inefficient and a regressive tax. Cost of compliance will be major issue which may take away the benefits of GST. Smooth, transparent and simple transition provisions are needed rather than revenue centric provisions. These ought to be practical too. Transitional provisions should bear this objective. Supplies effected under the curr

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uld be a provision that except in fraudulent cases, no arrest / prosecution be made in first year of implementation. No new taxes should be allowed to be levied by states in GST regime when compensation for revenue loss, if any is guaranteed. GST is the future tax. GST law should, therefore be forward looking and open for futuristic businesses such as e-commerce, technology based, IT etc and recognize internet, digital economy, start ups etc. GST law should be a very simple tax law as the proposed law / provisions are too complex to understand by a common man. – Reply By Ganeshan Kalyani – The Reply = Sir, nice article and very valid suggestions. The conplaince part is really going to take time and manpower and cost. Secondly the matching concept for being eligible for availing credit is very tedious and are going to invite problems. Registration in each state in case of reverse charge should should be revised and allow to get centralised registration as is there in present tax law. Fu

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Goods and Services Tax – Started By: – joseph david – Dated:- 8-9-2016 Last Replied Date:- 10-9-2016 – in present scenario by issuing form f -we can purchase material from local party for exports-the party will notcollect any taxes.what is the status in GST – Reply By CS SANJAY MALHOTRA – The Reply = Dear Mr. David,Form F is for stock transfer and Form H is for Deemed Exports. No forms exists in GST regime and tax is levied on all supplies even meant for Export. Refund is available to exporter of GST in case of Deemed Exports.You can refer to my article published at this platform. (GST-Improving Ease of Doing Business) or go through PPT on GST as the all the info is placed thereat. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = As told by

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Statutory Declaration Forms/Way Bills/ Challans/ Declaration Form under Local VAT laws are allowed to be used as this will break very chain of levy of tax and seamless availment of credit. Further, there is no provision in GSTN Software. – Reply By KASTURI SETHI – The Reply = I am thankful to all the experts for enrichment of my knowledge on the issue. – Reply By YAGAY AND SUN – The Reply = CONCERNS OF THE EXPORTS SECTOR IN THE GST REGIME – PUT FORWARD BY FIEO IN THE MEETING OF EMPOWERED COMMITTEE OF STATE FINANCE MINISTERS ON GST on 30th August 2016.Changes in Deemed Exports: GST would also require suitable changes in many of the Schemes in the Foreign Trade Policy .The categories of the deemed exports would be notified by the Government

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Goods and Services Tax – Started By: – joseph david – Dated:- 7-9-2016 Last Replied Date:- 12-9-2016 – What Will be the fate of cess levied by state government's agricultural market committee on cotton,cotton waste, after the commencement of GST ActJoseph David – Reply By KASTURI SETHI – The Reply = Cesses will also be subsumed into GST. – Reply By YAGAY AND SUN – The Reply = Cesses of any kind including Surcharge on State VAT shall be subsumed in GST for the purpose of removing the cascading effect i.e. Tax on Tax and for ease of doing business. – Reply By Ganeshan Kalyani – The Reply = Sir, all State taxes shall subsumed into SGST. Thanks. – Reply By CS SANJAY MALHOTRA – The Reply = Dear Friends,Not decided as such and the same to be

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hike in threshold exemption limit to ₹ 25 lakhs. I mean to say so many issues are being reconsidered. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = The finalized Act in GST will decide the fate. – Reply By YAGAY AND SUN – The Reply = In our view, it would be better if representation regarding CESS is made to the Government of India to raise these concerns as again leving/imposing CESS in GST Regime would bring the change in VAT/CST/Excise era. – Reply By Ganeshan Kalyani – The Reply = Sir, yes no other indirect tax should be charged other than GST. It would have been an ideal tax mechanism. But it is not going to be so. The discussions was going on the meeting in respect of GST saying that exemptions if continued in GST then the ra

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Goods and Services Tax – GST – By: – CS SANJAY MALHOTRA – Dated:- 7-9-2016 Last Replied Date:- 14-9-2016 – Goods and Service Tax – Impact on Foreign Trade Policy Impact of Goods and Service Tax on Imports and Exports in India is the area which calls for review of various statutory compliances, IGST Rates, Export Benefits, Import Exemptions, Position of EOU in present Vs GST Regime, Supplies to SEZ/STPI/Mega Power Projects/Projects under ICB (International Competitive Bidding)…… Industry at large needs to review the Impact of GST on Imports from Working Capital perspective, Input / Capital Cost of Imports, Decision making, Imports Vs Indigenous sourcing…….. In the present Indirect Tax structure, Central Taxes are refunded by either the office of Ministry of Finance or Ministry of Commerce, but the provisions under Model GST law seems to involve State also if the existing benefits under FTP 2015-20 continued, which has been discussed below in detail. Ministry of Commerce should

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yment of Duty payments against E.O. Defaults in Chapter 4 and 5 of FTP 2015-20 No Provision exists in the Model GST Law-2016 (Section 35) for the utilisation of Duty Scrip for the payment of GST in case of Indigenous sourcing or Imports or E.O. Defaults. The same should be reviewed and suitably incorporated in GST Law as one of the Mode of Payment of GST as in the absence of same, financial outflow will increase and the Duty Credit Scrip remain unutilised or accumulated with the Exporter. However as the Basic Custom Duty is out of GST, the Duty Scrip can be utilised towards payment of Basic Custom Duty, but nevertheless issue remains for payment of IGST in case of Imports or Indigenous sourcing. CENVAT Credit admissibility on Utilisation of Duty Credit Scrip Duty Credit Scrip utilised for payment of Excise Duty / Service tax is eligible for CENVAT Credit in the present Excise Law / FTP 2015-20 (Para 3.15 of FTP), whereas NOTHING has been specifically provided in Section 35, Section 16

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digenous sourcing against Import Licences with Invalidation letter??? All the above needs to be considered and incorporated in GST Model Law so as to have continuity in business operations. Exempted Supplies to EOU/STPI/Mega Power Projects against Concessional Certificates At present Supplies to EOU/STPI/Mega Power Projects/World Bank Funded Projects / Projects under ICB are exempted from Central Taxes against CT-3/CT-1/Certificates from State Govt. or by way of Refund of Terminal Excise Duty / Duty Drawback. All supplies as stated above are subject to Tax in GST regime. In case of supplies to EOU, Refund of GST may be claimed either by the Supplier of goods or Recipient subject to some conditions. Nothing has been specified for supplies to STPI/Mega Power Projects / World Bank funded Projects as to the payment of GST and refund of same. In absence of clarity, these supplies would attract GST which adds to cost of product and may impact on sourcing from within India thus defeating the

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on of Free Foreign Currency. IGST will be substituted for CVD (Countervailing Duty) and SAD (Special Additional Duty). At present the CVD and SAD put together accounts for tax rate of nearly 17%, whereas GST rates may be 18-22%. Change in GST Rates may impact Export Obligation also. For e.g. in case of sourcing under Zero Duty EPCG Scheme, in majority of cases CVD (12.50%) and SAD (4%) thus put together amounts to 17% considering cascading impact. If IGST rates prevail around 20-22%, the same would also add to increase in Export Obligation and Importer may not have his business strategy to Import under Import schemes. In GST Regime, Imports of Inputs / Capital Goods should be exempted ab-initio from IGST or else the exemption of Basic Custom Duty and payment of IGST in cash would result in increased outflow of Working Capital thus leading to Increase in Transaction Cost. The above is to be taken on priority by MOF and MOC so that the Importers Cash flow should not be impacted and furth

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Goods and Services Tax – GST – By: – sandeep saini – Dated:- 7-9-2016 Last Replied Date:- 8-9-2016 – Fate of Unjust enrichment principle under GST As we all know getting refund from Government is always a tedious task, and the most difficult task is to pass the unjust enrichment test i.e. to satisfy the Departmental officer that incidence of tax/duty has not been passed on to another person. The same test of unjust enrichment has to be passed under GST also, while claiming the refund under section 38 of the Draft CGST/SGST Act. The application which is filed for claiming refund under section 38, will be accompanied by prescribed documents or evidences, to prove that the amount of tax and interest, in relation to which refund is claimed, the incidence of such tax and interest has not been passed on by the applicant to any other person. In this regard, the CBEC has also put a draft circular on public domain for getting feedback and comments, although the draft circular is relating to re

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on: The amount which is claimed as refund, has been paid or credit note has been issued; The refund amount should be shown as Duty Receivable under the heading Current assets The consolidated journal entry, which is passed at the end of the financial year, must reflect the invoices in respect of which differential amount of duty/taxes, is being transferred to Duty Receivable Account. In the Balance sheet Duty Receivable under the heading current assets, should be reflected, till the financial year, preceding the financial year, in which refund is sanctioned. For example, if the refund is sanctioned in the financial year 2016-17, the refund amount as Duty receivable should be shown upto the Balance sheet of financial year 2015-16 only. Certification of documents, for showing compliance of the conditions of unjust enrichment principle As per Draft Circular As per Draft CGST/SGST Act Self certification of the certificates, could be done by the appplicant, if the refund amount is ₹ 2

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claimed in relation to duty/tax amount claimed as refund; If has already availed CENVAT Credit, then he will reverse the input tax credit account, by an amount equal to the refund amount and the same would be credited to Duty receivable account; If the duty/tax amount is included in the purchases, in that case the purchase account may be credited at the year end and debit the same in the Duty Receivable account. If the recipient reverses the CENVAT Credit in the financial year in which he claims the duty/tax amount as refund, it is sufficient to satisfy the test of principle of unjust enrichment. Refund arising out of differential duty on final products Discounts: The actual discount is quantified at the year end and the accounts are settled accordingly, in the given case normally transaction is settled through credit/debit note, where supplier credits the account of buyer with the amount of discount/incentives and the buyer shall debit the account of supplier in his books of account w

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ion filed by him has been rejected on the ground of unjust enrichment, etc. The amount of duty/tax paid on capital goods, not to be capitalised The amount of duty/tax on capital goods has not been availed as CENVAT Credit and also duty/tax paid on capital goods is not claimed as depreciation under the provisions of Income Tax Act, 1961, in other words the amount of duty/tax should not be capitalised. The principle of unjust enrichment does not apply in case of refund of pre-deposit The pre-deposit requirement at the time filing appeal before First Appellate Authority or Appellate Tribunal, is also retained under GST also. As per the Draft Circular, the principle of unjust enrichment is not applicable in case of refund of pre-deposit. We hope the government will take care of above points and would clarify about the applicability of unjust enrichment under GST, while finalising the law. Web: www.pks.co.in – Reply By Ganeshan Kalyani – The Reply = Sir, Nice article. Sir, the para in your

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 6-9-2016 Last Replied Date:- 6-9-2016 – Goods and Services Tax (GST) is going to be a reality in near future – could be by April, 2017 or few months later. GST is a new tax in India which shall be levied and collected as an indirect tax on supply of goods and services. 'Goods' and 'Services' are defined in section 2(48) and 2(86) of the model law as well as in the Constitution. What is GST is also defined in article 366 (12A) of the Constitution which is being amended. Accordingly, 'goods and service tax' means any tax on supply of goods or services or both except taxes on the supply of the alcoholic liquor for human consumption. Section 2(94) of the model law defines 'tax'. Accordingly, 'tax' means goods and services tax levied on the supply of goods and/or services under this Act and includes any amount payable under Section 8. As per the above definitions read in consonance, GS

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than one percent of the turnover during the year: Provided that no such permission shall be granted to a taxable person who effects any inter-State supplies of goods and/or services. Provided further that no such permission shall be granted to a taxable person unless all the registered taxable persons, having the same PAN as held by the said taxable person, also opt to pay tax under the provisions of this sub-section. 2) A taxable person to whom the provisions of sub-section (1) apply shall not collect any tax from the recipient on supplies made by him nor shall he be entitled to any credit of input tax. 3) If the proper officer has reasons to believe that a taxable person was not eligible to pay tax under sub-section (1), such person shall, in addition to any tax that may be payable by him under other provisions of this Act, be liable to a penalty equivalent to the amount of tax payable as aforesaid: Provided that no penalty shall be imposed without giving a notice to show cause and

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rnover during the year, i.e., it could be one percent or more but certainly lower than the GST rate. Composition scheme shall not be available to taxable person who supply goods or services to other states, i.e., it will not be applicable to inter-state supplies where IGST is payable. Composition scheme can be availed by those taxable persons only where all the registered taxable persons, having the same PAN as held by the said taxable person, also opt to pay tax under the provisions. Where composition scheme is opted for, taxable person will not be allowed or shall not collect any tax from the recipient of supplies. Taxable persons under composition scheme shall also not be entitled to any input tax credit. Where composition scheme is wrongly availed, proper officer may require such person to pay for taxes payable under the Act and an equal amount of penalty shall also be payable. Such penalty shall be levied only after affording a reasonable opportunity of being heard to the taxable

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Goods and Services Tax – GST – By: – CS SANJAY MALHOTRA – Dated:- 6-9-2016 Last Replied Date:- 7-9-2016 – Enclosing herewith is the PPT on Goods and Service Tax (GST). Hope all will find the same beneficial to understand the concepts in GST and align the Business Model in times to come, as GST would lead to Business Transformation. Any suggestions please do get back so that the same may be putforth to CBEC. regards CS Sanjay Malhotra – Reply By Ganeshan Kalyani – The Reply = Sir, nice ppt. Simp

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Goods and Services Tax – GST – By: – Bimal jain – Dated:- 5-9-2016 Last Replied Date:- 30-12-1899 – Dear Professional Colleague, Goods Vs. Services in GST: Concept and Open Issues As Goods and Services Tax ( GST ) is going to be levied on supply of goods and/or services, meaning of goods and services would also play vital role in levy and chargeability of GST after the key term supply . It has to be clearly identified as to whether the supply constitutes supply of goods or services for leviability of GST. Importance of the terms goods and services would become all the more important if rates of GST on goods and services are going to be different. This article attempts to decipher the main terms namely goods and services in the light of provisions contained in Model GST Law, to provide conceptual clarity as regards the meaning of goods and services in GST along with highlighting the key issues therein. Meaning of goods in GST: The term goods has been defined under Section 2(48) of the

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does not include money. Apparently, the term service has been defined in the widest sense possible as any transaction which is not goods, shall be services except money. Whether Immovable property is service: As the definition of the term service is wide enough to cover anything other than goods, this would mean that even any rights or usage of immovable property would also constitute services under GST. Actionable claim is a service: It may be noted here that unlike the definition of service as given under Section 65B(44) of the Finance Act, 1994 ( the Finance Act ), which excludes transaction in money and actionable claim from the taxable net of Service tax, the proposed definition of service under GST only states exclusion of money and specifically includes actionable claim. Thus, actionable claims would be service and exigible to GST unlike the Finance Act, where the same has been specifically excluded from the taxable net of Service tax. Basically, actionable claim means the clai

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on of service only states that money is excluded from its ambit, the same needs to be revisited to avoid any confusion as exclusion of money alone does not convey real nature of exclusion. Examples of transaction in money: The principal amount of deposits in or withdrawals from a bank account. Advancing or repayment of principal sum on loan to someone, etc. Whether intangibles are goods or services? It may be noted here that the definition of goods given under Article 366(12) of the Constitution of India is defined in inclusive manner to provide that goods includes all materials, commodities, and articles . Further, as per proposed Article 366(26A) services means anything other than goods . Thus, the definition of goods and services in Model GST Law are different from the definitions given in the Constitution. Further, from the settings of Article 366(12) of the Constitution, it is apparent that inclusive definition of goods incorporates both tangible as well as intangible goods, which

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inalising the Model GST Law, this could prove to be an additional burden, which in turn would blemish the domestic investments in India, as sale of securities outside India would qualify as export and can take over as preferred choice for attracting investments. At the same time, one may also infer that securities are one of the forms of transaction in money, which are neither goods nor services as per the definitions provided under Model GST Law. With the definition of goods and services provided under the Model GST Law, placed on public domain on June 14, 2016, it would be important for the Industry to appropriately understand and categorise the different types of the supplies made by them to assess the impact on taxability. However, considering the fact that both these crucial terms have been defined in extensive manner, the corresponding list of exemptions made available on goods and services would also be important. While, the act of putting Model GST law on public domain for seek

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Goods and Services Tax – GST – By: – CS SANJAY MALHOTRA – Dated:- 5-9-2016 Last Replied Date:- 6-9-2016 – Goods and Service Tax – Improving Ease of Doing Business Long awaited Constitutional (122nd) Amendment Bill has been passed by Rajya Sabha on August 3, 2016 and by Lok Sabha on August 8, 2016. The same has been ratified by more than 50% of the states in India as on Sep 04, 2016 and will be forwarded to President for his assent for amendment in constitution. GST Council will be formed accordingly to finalise the GST rates. GST Council is to be headed by Union Finance Minister and consists of State Finance Minister or their representatives. GST Bill will be introduced in the winter session of Parliament in Nov-Dec 2016 and after the passage of same, will be sent to President for his approval and subsequently will become GST Act. Govt. of India is working very closely with all the stakeholders i.e. States Govt s, Industry, Council, and Professional Bodies to factor in the proposals i

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ance Costs, Uniform Tax Structure i.e. One Tax Rate across nation, Digital Environment moving to paperless regime, etc….. Cascading impact of taxes adds to the business inefficiency and Goods and Service Tax will do away with the same as the CGST/SGST/IGST would be calculated on common base. GST Glance : Worldwide Country Year Dual Structure Single Structure GST Rate France 1954 √ 20% South Korea 1977 √ 10% New Zealand 1986 √ 15% Japan 1989 √ 5% Canada 1991 √ 5% Singapore 1994 √ 7% China 1994 √ 17% Australia 2000 √ 10% European Union 2006 √ 15% Malaysia 2015 √ 6% Levy of Taxes under GST Central Indirect Taxes i.e. Central Excise Duty, Countervailing Duty on Imports, Special Additional Duty, Service Tax, Surcharges & Cesses, will be subsumed into CGST (Central Goods and Service Tax). State Taxes i.e. VAT, Entry Tax, Surcharges, Taxes on Lottery, Entertainment tax, Luxury Tax will be subsumed into SGST (State Goods & S

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d Service Tax will take away the present set of exemptions which would give all the businesses level playing field in the competitive environment. GST is going to be a major shift in moving to Digital environment as all the Tax Payments, CENVAT Ledgers, returns, Refunds will be processed online over internet. The same will also result in Reduction in Compliance cost as all the required will be available online similarly to Income Tax i.e. Form 26AS, Returns, Refunds….. Impact of GST on Industry Goods and Service Tax is not only the change in the Indirect Tax Structure but would be Business Transformation as it would have impact on Accounting Systems, Supply Chain Systems, Information Technology Systems, Restructuring of Business Models for Direct Sale / Distributors sale / Warehouse transfer. Warehouses are set up in various states to leverage out the benefits in terms of CST Cost, which would not be available in GST Regime as the Tax is to be paid on supply from Factory to Warehouse

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e done away with and Input Tax credit is eligible irrespective of Inter/Intra State Purchases. Cost of Collection of Taxes for the Central / State Govt. will come down as the all the payments, returns, Input Tax Credit ledgers are maintained online over internet. End of Tax Exemptions Era Goods and Service Tax will have barely minimum goods and services under Tax Exemption and may cover only those which may pertain to Life saving drugs, agricultural produce……. Area Based Exemptions will also put to an end in GST Regime and everyone will have level playing field in the market. This would also put an end and control over the tax leakages in the system thereby adding to the Growth in GDP. Tax compliances would increase leading to reduction in litigations. If exemptions continue, Govt. may bring in policy for levy of GST on supplies and may refund back tax collected or define % of refund on tax collected, so as to not to disturb the basic premise of GST. Shift in Duty Payment under GST

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ST is that even the wholesalers / distributors who are not eligible to avail the Input Tax Credit for Central Excise Duty would now be eligible under GST regime for Central Taxes such as CGST / IGST, which can be further set off against their output tax liability. Registration under GST – (Section 19) Separate Registration is required at present under Central (Excise, Service Tax) and State Acts (VAT, CST). In GST, single registration is required, which is common for both CGST/SGST. Registration No will consists of 15 digits, wherein first 2 digits represent State Code, next 10 digits represents PAN No. , next two Entity code of the Applicant and remaining left blank intentionally for future use. Persons falling under Schedule III to Model GST Law are required to be registered under the GST Law. This includes Persons having Aggregate Turnover > ₹ 9 Lacs during F.Y and in case of North Eastern States, this limit is ₹ 4 Lacs p.a. Persons making Inter-State Sales / Casual T

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ace of business in the state where they undertake assignment for short duration of time). Casual Taxable Person and Non-Resident Person shall have to deposit the estimated Tax Liability at the time of seeking Registration under GST. Input Tax Credit (Section 16) In the current tax structure, CENVAT Credit is linked to inputs, input services, capital goods used in or in relation to the manufacture of Taxable final products, whereas in case of GST, Input Tax Credit is admissible on any supply of goods and / or services which are used or intended to be used in the course or furtherance of business and includes tax payable under sub-section (3) of Section 7 i.e. Reverse charge. Input Tax credit is admissible until and unless the goods / services are specifically exempted under the GST Rules / Act. Input Tax Credit is to be availed within a period of 1 year from the date of issue of Tax Invoice relating to such supply of goods/services. Tax should have been paid into Government treasury or

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r Composition levy, goods or services relating to food and beverages, outdoor catering, beauty treatment, life insurance, health insurance, travel benefits, leave / home travel concession, motor vehicles until they are into such business, goods and services consumed for personal consumption….. Composition Levy of Tax-(Section 8) Composition Levy of Tax shall be applicable in respect of registered person whose aggregate turnover in a financial year within the state does not exceed ₹ 50 Lacs. These persons are liable to pay Composition Levy on their turnover at the rate to be decided by the GST Council and the tax levy should not be reflected on the invoice. Furthermore, these persons are not eligible to avail any Input Tax credit against the Input/Input services / Capital Goods. Furthermore no Tax charged is to be shown on Invoice; rather the document to be issued shall be termed as Bill of Supply as per GSt provisions. Returns under GST (Section 27) Excise, Service Tax & Sa

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to mistake. Refund of Carry forward of Input Tax Credit. (Due to Inverted Tax Structure) Export (Including Deemed Export). Refund on Year End Volume Discounts. Refund of Pre-Deposit in case of Appeal / Investigation. Refund for Tax Payment in respect of supplies to CSD canteens, Un Bodies, Para Military forces… Refund is to be submitted online and the same shall be submitted within 2 years from the Relevant Date which is defined separately under the Act for each of category, wherever refund arises. Refund can be withheld by the department if the taxable person has defaulted in furnishing of returns, defaulted in making of tax payment / interest / penalty which has not been by the Court / Appellate authorities. Payment of Tax- (Section 35) Tax payment can be made by Internet Banking/ Debit Cards / Credit Cards / RTGS / NEFT and will be credited to Electronic Cash Ledger. The amount of tax deposited may further be used for payment of IGST/CGST/SGST, Interest and Penalties. Adjustment o

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accounts / payment relate. In case tax is liable to be paid under Reverse charge, then earliest of date of receipt of goods or date on which payment is made or date of receipt of Invoice or date of debit in the books of accounts. Liability to pay CSGT/SGST arises at the time of Supply of Services which shall be earliest of the following: Date on Issue of Invoice or Date of Receipt of Payment whichever is earlier in case the Invoice is issued within prescribed period. Date of completion of provision of service or Date of Receipt of Payment if invoice is not issued within prescribed period. In case of continuous supply of service where payment is ascertainable from contract, the date on which payment is liable to be made OR where payment is not ascertainable each time when the supplier receives the payment. E-Commerce Transactions Buying & Selling of Goods over internet platform for e.g. Flipkart, Amazon, etc has also been brought in GST Regime to control Tax Leakages in the system.

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on shall be the Place of Installation of such assembly. If the goods are supplied on board or conveyance i.e. vessel or aircraft, then place of supply shall be the location at which such goods are taken on board. Place of Supply of Services (Section 6) Wherever Services are rendered to Registered Person, then the Location of such person is considered as Place of supply of goods. In case services are rendered to a person other than registered person, POS shall be the location of supplier but if the address of service recipient exists in the records of service provider, then the POS shall be the location of recipient, where the address on record exists. Section 4 to 14 of the IGST Draft Law defines POPS for various services for the purpose of determining liability to pay IGST. Transitional Provisions under GST Amount of CENVAT Credit forward in Return to be allowed as Input Tax Credit during transition from present regime to GST. Un-availed CENVAT Credit on Capital Goods not carried forw

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aw. Claim of CENVAT to be disposed off as per Law existing prior to GST Regime. Where any semi-finished goods are removed for Job Work & returned on or after appointed day, No Tax shall be payable if Goods after processing are returned within period of 6 months. Where any Finished goods are removed for processing not amounts to manufacture, No Tax shall be payable if Goods after processing are returned within period of 6 months. All the above stated factors in GST would go a long way in making India a Digital India , Uniform Market across Nation for Goods & Services, Reduction in Logistics Cost, Transaction Cost, Cost of Production besides increasing efficiencies in operational processes ********************** – Reply By KASTURI SETHI – The Reply = Sir, I have read the article between the lines. It is very useful and informative article. Saved in my system as ready recknor for future guidance. – Reply By CS SANJAY MALHOTRA – The Reply = Dear Friends,Please read the rate as 27%

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Goods and Services Tax – Started By: – santosh phulse – Dated:- 4-9-2016 Last Replied Date:- 5-9-2016 – According to the existing provisions under the draft law, the buyer can claim input tax credit only if the seller or provider of the goods or services has paid the tax charged for such goods or services.This has put the onus of ensuring compliance with the customer or buyer of the goods and services. -This particular clause in the draft GST law seems unfair to the business community and should be removed. – Reply By KASTURI SETHI – The Reply = Dear Sir, This has been proposed to be enacted in GST in order to make the facility of cenvat credit fool proof. In the present Cenvat Credit Rules, earlier also onus was cast on the person who avails Cenvat Credit. – Reply By CS SANJAY MALHOTRA – The Reply = Dear Sh. Santosh ji,Tax credit provisions are defined considering the Tax leakages and Revenue protection. If supplier collects tax from us and not deposit the same in Government treasury

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hich the authority with the help of system does cross checking as to whether the TIN of purchaser is appearing in the details and allow the credit if appears. If there is any difference in the tax amount shown by the supplier with the credit amount claimed by the purchaser then the purchaser in order to claim set off has to get written confirmation from the supplier and produce the same before the authority to become eligible to claim the set off.In GST, as well, the same system as that of VAT is proposed. An assessee shall get tax credit of those tax which he has paid on his purchases only when the supplier has paid the tax. This would be monitered through VAT Credit Ledger in GSTN.An assessee might think that his primary motive is to carry out business and not to check whether his counter party has paid the tax collected or not. But if we think from the eyes of authority then we can understand that for tax authority to check whether assesses are paying tax or not would be tedious job

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ncile the 2A and 2B statements and in recent time, the DVAT Department has come with coding systems of items which shall be mentioned in the purchasers' and sellers' return and invoices to reconcile the correctness of transactions.Even in earlier times the Central Excise Department to check the availed Modvat Credit and Modvat credit availed above ₹ 10000/- the details/xerox copies used to send the seller's jurisdictional Range Office for its authenticity.This is not a new feature which has been incorporated in the GST Model Law. As rightly indicated by Mr. Ganeshan, by doing so, the interest of our Country in tax matter has been taken care of. – Reply By santosh phulse – The Reply = Respected Sir, If a supplier has failed to furnish the return on time or pay tax on time, the government should penalise the supplier instead of the buyer. This clause is especially harsh on small and medium enterprises (SME). Since, big businesses deal with multiple vendors, they might b

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eptions may be there, but substantially, there is no complaint that the deductor of TDS has not uploaded the TDS details of the deductee.I do believe that, the fear of deficit of trust between the supplier and buyer must be eliminated and the environment of mutual trust and responsibility must be allowed to grow. As you know, because of few persons / business entities engaged in wrongdoing, all genuine persons / business entities are finding it difficult to do the business honestly. – Reply By KASTURI SETHI – The Reply = Dear Experts, I have come across a Trade Notice issued by Central Excise Commissionerate, Chandigarh-I on the issue. It explains why responsibility is cast upon service receiver.. Copy is appended below: A copy of Trade Notice No.10/12 dated 13-7-2012 issued by Chandigarh Commissionerate-I on the issue. I do not know what is the present position of this trade notice. – Reply By Ganeshan Kalyani – The Reply = Sir, thanks Sri Kasturi Sir, for sharing the information. Sri

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uirement of issue of Form would be there or like the system of 26AS would be there is a question mark as of now. Sir, also TDS is quarterly conplaince whereas GST would be monthly conplaince. This also will demands time of the dealer.Sir, change is certain. It gives problem in the beginning but the fruits would be sweet. Likewise the provisions as included in the draft law would yield good result in long run. Thanks. – Reply By Ganeshan Kalyani – The Reply = Sir, I believe each dealers in the chain of GST should be made aware of such problems when tax is not paid by one of the party in the chain of tax credit. Thanks. – Reply By santosh phulse – The Reply = Sir, this is little bit complicated. How can a buyer, who has 100s of suppliers, ensure that the each of the suppliers has paid the tax collected by them into the Govt treasury??? And whether they have accounted for each transaction (including the supply to the given buyer) and calculated his tax liability properly,etc. A lot of tim

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will come when people will work from home through the System/internet. So much will be the importance of technology. – Reply By CS SANJAY MALHOTRA – The Reply = Dear Mr. Santosh ji, Am in agreement with Sh. Kasturi ji. We have taken up this issue with the Board also to work out alternative so that the purpose of Govt may not be defeated. In connection with same, we were told that Govt wants us to be one of the stakeholder in ensuring compliance by taking up with our suppliers to pay tax timely, when we are reimbursing the same to them. In sales tax, majority of states have matching concept and if balances does not reconcile, they call for Account Ledger to validate that all payments have been made by recipient of goods and accordingly allow credit. Understand your concern which is common in Industry as resistance to change is always there. Proposal has been put across Board to review whether the liabilities of supplier can be made good by recipient from the outstanding payment due to t

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Goods and Services Tax – Started By: – RAM SHARMA – Dated:- 2-9-2016 Last Replied Date:- 4-9-2016 – Dear Experts,We are manufacturer of exciasable goods and selling our goods through our various consignment agent in all over india against form F. We are providing 3% commission and freight to our consignment agent for selling our goods and availing service tax cenvat on such commission and freight up to the consignment agent warehouse. I would like to know your opinion in this regard after implementation of GST impact.Thanks & Regard – Reply By CS SANJAY MALHOTRA – The Reply = All forms i.e. C/D/E-1/F will be done away with in GST regime and the tax has to be paid in respect of supply to goods to own warehouse / sales through C&F ag

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all undergo change/modifications. All have to wait till time a final law is enacted.. Thanks. – Reply By Ganeshan Kalyani – The Reply = Sir, IGST shall be payable by sending unit and the receiving unit shall be able to take credit by adjusting first against IGST payable followed by CGST and finally against SGST. The said sequence has been prescribed in the draft GST Law.Thanks – Reply By CA Surender Gupta – The Reply = The transactions between the principal and agent will be treated as separate would be chargeable to GST as per the proposed scheme. GST paid by the principal will be available to consignment agent / dealer as ITC and so no on subsequent sale. Therefore, it is bound that, the business strategy are going to change. The manufact

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er to his branch in another State and the receiving location may sell those goods in the same month or by two or three months time depend upon the market demand. Generally looking into the need of that location stock transfer is taken place. But practically may take that much time in selling the goods in receiving branch state. Thus only when the goods are locally sold the Exchequer are getting the revenue. So there is a time gap from the date when goods are stock transfer and the date when actual sale is taken place. To bridge a gap and to prepone the tax collection Govt has come up which such provision where even stock transfer is taxes. This would make the authority to earn tax at the earlier time. Thanks. – Discussion-Forum – Knowledge

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Goods and Services Tax – GST – By: – sandeep saini – Dated:- 2-9-2016 Last Replied Date:- 3-9-2016 – After a much awaited time period, now its matter of time, when GST is going to be a reality in India. The seriousness of the Government to implement GST, clearly appears from the passage of 122nd Constitutional Amendment Bill ( Constitutional Amendment Bill ) by both the houses of parliament i.e. Rajya Sabha as well as Lok Sabha. On the other hand, the States are also equally eager to implement GST as early as possible, and after the passage of Constitutional Amendment Bill, States are ratifying the same by holding the special sessions of their State legislative assemblies, and till now Assam, Bihar, Jharkhand, Himachal Pradesh, Chattisgarh has already ratified the Constitutional Amendment Bill. Therefore, we should not hessitate to appreciate the efforts of both Central Government and State Governments to implement the GST from April 1, 2017. However, once the Constitutional Amendment

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tes i.e. the Finance Minister of the Centre and the Finance Ministers of the States, so it will not be easy for the Centre or the States to ignore its recommendations without any strong reason. Composition of GST Council: The GST Council shall consists of following members: Union Finance minister, who will be Chairperson of GST Council; Union minister of State incharge of Revenue or Finance; The minister incharge of Finance or Taxation or any other minister nominated by each State Government and they will choose one among themselves to be the vice chairperson of the council for a particular period. Subject matters on which recommendations will be made by GST Council: The GST Council shall make the recommendations to the Union and the States on the following subjects: GST rates, cesses and surcharges levied by the Union, States and Local bodies which may be subsumed in the GST; Goods and Services exempted from GST; Model GST Law which is put on public domain on June 14, 2016, will be an

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taken together shall have a weightage of 2/3rd of total votes cast. Approval of any decision by the GST Council: In GST Council, every decision shall be taken, when it is approved by at least 75% of the weighted votes of members present and voting. From the above voting pattern, it appears that it will not be possible for the States to take any decision against the will of Centre, since the Centre has 33% votes and to get any decision passed, 75% votes are required, which is possible only when centre supports that particular decision. In the similar way Centre cannot take any decision which is opposed by States. Challenges before GST Council: The GST Council has to face challenges while taking the given below decisions: Computation of compensation in lieu of revenue loss to the States, since losses are going to be notional in nature, so it becomes important to laid down a transparent and detailed method to calculate the compensation, which is to be provided to States for initial five y

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Goods and Services Tax – GST – By: – Bimal jain – Dated:- 1-9-2016 Last Replied Date:- 3-9-2016 – Supply- Taxable Event under Model GST Law-Inclusive and Subjective With step-by-step progress towards Goods and Services Tax ( GST ), the Country is all set to witness the biggest indirect tax reform of unmatched importance in independent India. GST would mark a paradigm shift in the indirect taxation of our Country and the concept of origin based taxation as practiced currently, would no longer be there. In line with the global practices, concept of destination based taxation would usher in under GST. At the same time, 17 of the major taxes levied under the Indirect taxation i.e. Central Excise, Service tax, VAT/CST etc., would be subsumed under the ambit of GST, resulting in change of the taxable event as well. Taxable events in present indirect tax regime Determination of the taxable event in any tax law is of utmost significance as the levy of tax is based on occurrence of that event.

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cluded goods produced or manufactured in special economic zones) which are produced or manufactured in India as, and at the rates, set forth in the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986)…………. Customs Duty Goods imported into, or exported from, India Section 12 of the Customs Act, 1962 (1) Except as otherwise provided in this Act, or any other law for the time being in force, duties of customs shall be levied at such rates as may be specified under the Customs Tariff Act, 1975 (51 of 1975), or any other law for the time being in force, on goods imported into, or exported from, India…… CST Sale of goods in the course of Inter-State trade Section 6 of Central Sales Tax Act, 1956 (1) Subject to the other provisions contained in this Act, every dealer shall, with effect from such date as the Central Government may, by notification in the Official Gazette, appoint, not being earlier than thirty days from the date of such notific

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important in determining the taxability of all transactions, whether commercial or otherwise under GST regime. Section 3 of the Model CGST/SGST Act, 2016 [also applicable for the Model IGST Act vide Section 2(f) thereof] specifies the meaning and scope of the term supply, broadly, in the following manner: Broad Category Sub- section of Section 3 Particulars 1 Supply includes: Normal supply of goods and/or services 1(a) All forms of supply of goods and/or services such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business. Import of service 1(b) Importation of service, whether or not for a consideration and whether or not in the course or furtherance of business. Supply Without consideration 1(c) A supply specified in Schedule I (Matters to be treated as supply without consideration), made or agreed to be made without consideration. Supply of goods v/s Supply of services

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randed service by an aggregator, as defined in sec 43B, under a brand name or trade name owned by him shall be deemed to be a supply of the said service by the said aggregator. Inclusive definition of term supply Despite being the first step for taking off under GST regime, the Model GST Law has chosen to define supply in an inclusive manner, without even defining what supply actually means. Thus, the proposed definition of the term supply under the Model GST Law suffers from ambiguity as it starts with the word Supply includes…. . It is crucial here to note that the term includes is generally used to expand the meaning of the former word. Even, the wide import of term includes has been settled in number of judicial pronouncements to establish that its usage expands the meaning. In the case of Doypack Systems (Pvt) Ltd. Vs. Union of India [ 1988 (2) TMI 61 – SUPREME COURT OF INDIA], the Hon ble Supreme Court has interpreted the meaning of the term includes , as It is well settle

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ial definition in crystal and definitive manner. Here, it would not be out of place to look at the meaning of term supply, as adopted in the other countries like Canada, Malaysia where GST is applicable. Under Canadian Goods & Services Tax supply means the provision of property or a service in any way, including sale, transfer, barter, exchange, licence, rental, lease, gift, or other disposition . Similarly, under Malaysia Goods & Services Tax, where GST made applicable with effect from April, 2015, Section 4 thereof defines supply as subject to subsections (2) and (3), supply means all forms of supply, including supply of imported services, done for a consideration and anything which is not a supply of goods but is done for a consideration is a supply of services.….. Keeping in mind, the importance the term supply would entail in GST, the term supply could have been defined in exhaustive manner to ensure the boundaries restricting any sort of wide interpretation of the

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t consideration , which are as under: • Permanent transfer/disposal of business assets. • Temporary application of business assets to a private or non-business use. • Services put to a private or non-business use. • Assets retained after deregistration. • Supply of goods and/or services by a taxable person to another taxable or non- taxable person in the course or furtherance of business.But, this will not cover goods sent for job work. Perusal of the above provisions reveals that the government wants to levy tax on each and every transaction entered by a taxable person and don t want to leave any room for charging GST. Even any business assets/ services used for private/ non-business use, shall also be treated as supply. This can be best understood with a simple example of a Company providing mobile phones to its employees, which are used for making business calls and personal calls as well. Since, use of mobile phones for making personal calls would be exigib

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d GST regime, that would be the centric point to determine levy & collection of GST. Knowingly or unknowingly, the Model GST Law has sown the seeds for another series of fresh litigation, which the present indirect taxation is crippled with, when it comes to determining the test of manufacture for levy of Excise duty or rendering of services to levy Service tax. The law is striving hard even as on date to settle down after several decades of jurisprudence. It would indeed be quite interesting to watch how the term supply is re-defined, amended, explained, substituted in the Final GST Law, keeping in mind the long trodden path so far. – Reply By Ganeshan Kalyani – The Reply = Sir, article is very nicely written. Sir, abroad there is single GST concept whereas we are going to have dual GST. State will have power on State GST. In such situation it would be challenging for GST Council to advise for administration. Thanks. – Reply By KASTURI SETHI – The Reply = Sir, I think administrati

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Goods and Services Tax – Started By: – manohar singh – Dated:- 29-8-2016 Last Replied Date:- 4-7-2017 – i want to purchase machinery from other state, should i buy the machinery before gst is implement or after gst is implement. – Reply By Rajagopalan Ranganathan – The Reply = Sir,The provisions of GST Act is yet to be finalised. Therefore non comments can be offered on your query. – Reply By KASTURI SETHI – The Reply = Sh.Manohar Singh Ji, If you can wait for, better option is to purchase the machinery after implementation of GST, especially, in view of expected reduced rate of GST as compared to the present one. Most probably, GST will be implemented from 1.4.17 but there is remote possibility that date can be extended to 1.7.17. – Reply

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is good enough but the date of implementation is not sure. Sir, today if you do interstate purchase, then against Form C you will be paying 2% CST , Excise duty @12.5% and entry tax (depend upon the State, say 4%). Total tax is 18.5%. Out of which cenvatable is 16.5% or 12.5% (without entry tax credit). In GST the rate of 18% was suggested but now again it is debated to keep somewhere around 21% to 22%. If you purchase in GST, then IGST @ 21% or 22% would be liable to be paid. You will get full credit on intra state sale. However, as suggested by Sri Sanjay Sir the call is supposed to be taken by the management. The market and profit which you may foresee today may yield you more profit rather than waiting for GST and meantime learn that yo

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ter is that we have only almost made provisions in our Constitution for levying GST, the further path is a long way ahead.A pragmatic business man does not and should not be swayed by this hype. After all, what you pay as taxes would certainly be allowed to be set off against your tax liability.regardsabhishek p – Reply By Sahadev Maity – The Reply = Dear experts,I am going to start a new factory, for the I need to buy some machineris from outer state of Rs around 30lacs. Previous CST was 2% but now GST is 18% on purchase of machinery. So kindly advice me, can I avail the GST credit on purchase of that machinery if yes then how?I would be very grateful to u all.Thanks & regards,sahadev Maitymob-9654621194 – Reply By KASTURI SETHI – The

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Goods and Services Tax – GST – Dated:- 29-8-2016 – The Union Finance Minster Shri Arun Jaitley said that many Indian States are growing at the rate of 10-11 per cent and the trade dialogue between the States and the US investors and companies can help in giving boost to the bilateral trade between India and US. He said that the Central Government has created a National Infrastructure Invest Fund (NIIF) in which various U.S. based insurance and pension funds, endowment funds can invest especially in infrastructure sector which has great potential in India. The Finance Minister was speaking when the United States Secretary of Commerce, Ms. Penny Pritzker and Director of the National Economic Council Mr. Jeffrey Zients called on him in his of

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resolved or narrowed down to a large extent. He said that CEOs of various Indian companies are in constant dialogue with their US counterparts for increased trade and investment among the two nations. Earlier, the U.S. Secretary of Commerce, Ms Penny welcomed the approval of GST Bill and hoped that this will boost the economic activities in the country at large. She suggested that the trade dialogue by the State Chief Ministers with different US authorities can be given a structured shape in order to give impetus to the bilateral trade. She expressed hope that there is great potential to increase the bilateral trade among the two nations. She said that US wants to institutionalise the trade relations between the two countries to give it im

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Goods and Services Tax – Started By: – pravin bansal – Dated:- 27-8-2016 Last Replied Date:- 28-8-2016 – Dear sir, Pl give me the status of foodgrain pulses and oilseeds and other agriculctur prouct in GST – Reply By Ganeshan Kalyani – The Reply = Sir, there is no clarify as regard the schedules and tax rate of the product. Thanks. – Reply By KASTURI SETHI – The Reply = Sh.Bansal Ji, One has to wait for till the enactment of GST. So many changes are taking place. Conferences and seminars are be

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 26-8-2016 Last Replied Date:- 31-8-2016 – The GST Bill – The Constitution (One Hundred and Twenty-second Amendment) Bill, 2014 has been discussed and passed by Rajya Sabha on 3rd August, 2016 after a 7 hours long debate by members of Rajya Sabha. The discussion on the GST bill came after months of discussions between the ruling party and the opposition – with both sides meeting multiple times to negotiate amendments. The momentous Bill, which marks the first parliamentary step towards implementation of a one country, one market, one tax framework, was cleared by a two-thirds majority, which is required for any Constitution Amendment Bill, following a division of votes. In th

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xes collected by Union shall be distributed between Union and States The lower house (Rajya Sabha) too approved the revised Bill on 8 August, 2016 after changes were approved by Rajya Sabha. The Bill has been passed unanimously and the journey to GST from now onwards will inter alia, involve the following steps – At least half the state assemblies, that is 15, would need to ratify the Bill by two-thirds majority. It will then go for presidential assent before being notified in the gazette After all these legal procedures, Parliament would take up the actual CGST and IGST Bills (possibly in the winter session). Passage of SGST law by State Legislative Assemblies Formulation of GST rules by Union and States and notification thereof GSTN Netwo

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ial to success of GST. Moreover, lot of fine-tuning is required in the provisions of model law in respect of compounding, thresholds, aggregate turnover, supply, place of supply, valuation, input tax credit etc. – Reply By Ganeshan Kalyani – The Reply = Nice article thanks. – Reply By Dr. Sanjiv Agarwal – The Reply = Your nice words are always an encouragement and motivation – Reply By satbir singh wahi – The Reply = Nice Sir . THks ,Keeping us update on GST. – Reply By Manoj Kasture – The Reply = Thanks Sir. Can someone challenge Constituional Amendment ? If yes, what basis? RegardsManoj – Reply By shankar narayanan – The Reply = Very Nice Article. Written in simple language for the benefit of all (including Non Tax Person) also can unders

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Goods and Services Tax – Where supply of goods without transfer to title has to be treated as service, whether on importation of such goods i.e. deemed services, customs duty and GST would be levied simultaneously? – TMI Updates – Highlights

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Goods and Services Tax – GST – By: – chandan jha – Dated:- 24-8-2016 – Taxable Event under GST. What is Taxable Event.? (a) Taxable:- Liable to be taxed; subject to tax. (b )Event: – A thing that happens or takes place, especially one of importance. (Source :- Oxford Dictionary) Taxable event: – A taxable event is any event or occurrence that results in a tax liability. Normally taxable event means occurrence creates or attracts the liability to be fixed. Tax can be imposed only on taxable event. Taxable event under GST. Tax will be levied when supply of Goods and/or services. Time of supply of goods and/or services is more important under GST. Hence the word supply is more important. Consideration is not mandatory for supply. Meaning of Supply. (a) Supply :- A stock or amount of something supplied or available for use. (b) Sale :- The exchange of a commodity for money; the action of selling something. (Source: – Oxford Dictionary) section 4(1) of the Indian sales of goods act. Sales

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behalf of any principal, the transaction between such principal and agent shall be deemed to be a supply. (3) Subject to sub-section (2), the Central or a State Government may, upon recommendation of the Council, specify, by notification, the transactions that are to be treated as- (i) A supply of goods and not as a supply of services; or (ii) A supply of services and not as a supply of goods; or (iii) Neither a supply of goods nor a supply of services. (4) Notwithstanding anything contained in sub-section (1), the supply of any branded service by an aggregator, as defined in section 43B, under a brand name or trade name owned by him shall be deemed to be a supply of the said service by the said aggregator. Definition of Supply is inclusive . Hence any supply of goods or services would get cover, even if not specified in this section. As per above discussion Supply does not need Consideration. Free supply of goods and service can be subject to GST. i.e. Stock transfer, branch transfer

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osal of business Assets :- Sale/ discard or otherwise without consideration. Temporary application of business assets to a private or non-business use :- Such as Business car, plant, building use for personal, partner, director, etc. Services put to a private or non-business use :- such as telephone, other services provided to proprietor, partner, director, etc. Assets retained after deregistration: – if taxable person de-registered, he will be liable to pay GST. But if transfer of business as a going concern, then it will not be supply. As per schedule II Supply of goods and/or services by a taxable person to another taxable or non-taxable person in the course or furtherance of business: – this will be cover like sample, gift, etc. Provided that the supply of goods by a registered taxable person to a job worker in term of section 43A shall not be treated as supply of goods. Section 3(2) 1. Transfer (1) Any transfer of the title in goods is a supply of goods. (2) Any transfer of goods

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al is a supply of goods by the person. (2) Where, by or under the direction of a person carrying on a business, goods held or used for the purposes of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, whether or not for a consideration, the usage or making available of such goods is a supply of services. (3) Where any goods, forming part of the business assets of a taxable person, are sold by any other person who has the power to do so to recover any debt owed by the taxable person, the goods shall be deemed to be supplied by the taxable person in the course or furtherance of his business. (4) Where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable Person, unless- (a) The business is transferred as a g

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ii) A chartered engineer registered with the Institution of Engineers (India); or (iii) A licensed surveyor of the respective local body of the city or town or village or development or planning authority; (2) The expression construction includes additions, alterations, replacements or remodeling of any existing civil structure; (c) Temporary transfer or permitting the use or enjoyment of any intellectual property right; (d) Development, design, programming, customisation, adaptation, up gradation, enhancement, implementation of information technology software; (e) Agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act; (f) works contract including transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; (g) Transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; and (h) Supply,

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Goods and Services Tax – Meaning and scope of supply under GST (Part 1) – Since CGST, SGST or IGST will be levied on supply of goods or services, it is important to understand this term first – TMI Updates – Highlights

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Goods and Services Tax – Meaning and scope of supply under GST (Part 2) – Import of services will be treated as supply and will subject to GST under reverse charge. – TMI Updates – Highlights

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Dated:- 23-8-2016 – Section – 003 – Meaning and scope of supply MODEL GST LAW – GOODS AND SERVICES TAX ACT, 2016 – Draft June 2016 As per Section 3(1)(b) importation of services for any purpose, have included within the meaning and scope of the term Supply It is for the obvious reason that, importation of goods are subject to Customs Duty since the same would be crossing the Custom Borders Physically, but services may not be subject to crossing of customs barriers, GST will be levied on reverse charge on such services. But, since importation of services would be subject to GST under the reverse charge method, what will happen to the goods brought to India under the terms and agreement of right to use. Whether such importation would be subj

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of services are falling with the scope of section 3(1)(a) of GST law, the same will be exempt from the duties of customs. On the contrary, there may be an exemption under the GST laws so that where import of services have suffered duties of Customs, the same will be exempt from GST on importation from the reverse charge mechanism. Exemption from Reverse Charge Further, as per section 9(3)(c), import of services for personal use upto a specified value be allowed to imported without levying GST. Though the scope of Section 9(3)(c) covers only taxable person. Therefore, the question arises whether non-taxable person will be allowed to avail the similar exemption? The answer according to the opinion of the author is that, where Government woul

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Dated:- 23-8-2016 – Section – 003 – Meaning and scope of supply MODEL GST LAW – GOODS AND SERVICES TAX ACT, 2016 – Draft June 2016 Sub Section (1) states that:- Supply includes (a) all forms of supply of goods and/or services such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business, (b) importation of service, whether or not for a consideration and whether or not in the course or furtherance of business, and (c) a supply specified in Schedule I, made or agreed to be made without a consideration. Accordingly: – Whereas clause (a) covers all transactions where consideration is there, any free supply / without consideration i

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Service Tax – Whether the vessels or ships that are afloat are not goods and immovable property? – CESTAT says Yes. – Whether GST would be applicable on sale / supply of floating vessels or ships? – TMI Updates – Highlights

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