Author: admin_gst

Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 20-4-2017 – The provisions of service tax provide a uniform rate of tax to be levied from the service recipients except in cases of abatement. The provisions of excise law and VAT provide for various rate of tax according to the classification made by the respective Government. Four tier structure The GST Council recommended a four tier GST rate structure of 5%, 12%, 18% and 28%, with lower rates for essential items and the highest for luxury and de-merits goods that would also attract an additional cess. Under CGST Act Section 9 of the CGST Act, 2017 provides that there shall be levied a tax called the central goods and services tax on all intra-State supplies of goods or services or both, on the value determined under Section 15 and at such rates not exceeding 20% as may be notified by the Government on the recommendations of the Council. This will not be applicable on the supply of alcoholic liquor for human consump

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) of the Act provides that every electronic commerce operator not being an agent, shall collect an amount calculated at such not exceeding 1%, as may be notified by the Government on the recommendations of the Council, of the net value of taxable supplies made through it by other suppliers where the condition with respect to such supplies is to be collected by the operator. TDS Section 51(1) of the Act provides that the Government may mandate a department or establishment of the Central Government or State Government or a local authority or Governmental agencies or such persons or category of persons as may be notified by the Government on the recommendations of the council to deduct tax @ 1% from the payment made or credited to the supplier of taxable goods or services or both, where the total value of such supply under a contract, exceeds ₹ 2,50,000/-. Under IGST Act Section 5(1) provides that there shall be levied a tax called the integrated goods and services tax on all inter

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r UTGST Act Section 7(1) of the Union Territory Goods and Services Tax Act, 2017 provides that there shall be levied a tax called the Union territory tax on all intra-State supplies of goods or services or both, except on supply of alcoholic liquor for human consumption, on the value and at such rates, not exceeding 20% as may be notified by the Central Government on the recommendations of the Council. Composition Cess Section 8(2) of the Goods and Services Tax (Compensation to States) Act, 2017 provides that the cess shall be levied on such supplies of goods and services as are specified in the Schedule. The following is the maximum rate at which GST compensation Cess may be collected- Pan Masala – 150% ad valorem; Tobacco and manufactured tobacco substitutes including tobacco products – ₹ 4175/- per 1000 sticks or 295% ad valorem or a combination thereof, but not exceeding ₹ 4175/- per 1000 sticks plus 295% ad valorem; Coal briquettes, ovoids, and similar solid fuels manu

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Trade Notice No. 06/2017 Dated:- 20-4-2017 Trade Notice – Circulars – GST – OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE SERVICE TAX 7th FLOOR, TRADE CENTRE, BUNTS HOSTEL ROAD, MANGALURU-575 003 C. No. IV/16/01/2017/Tech./3834 Date: 20.04.2017 Trade Notice No. 06/2017 Sub: – Carry forward of duty / tax credits in GST Regime and filing of returns- Pre requisite of enrollment in GST- Reg. All Central Excise and Service Tax assessees are requested to enroll in GST immediately to enable carry forward of duty / tax credits and filing of returns without any interruptions and thereby proceed to GST regime in a smooth manner. 2. Duty credits under the existing laws cannot be carried forward to GS

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Goods and Services Tax – GST – Dated:- 19-4-2017 – Chapter – Appeals and Revision 1. Appeal to the Appellate Authority (1) An appeal to the Appellate Authorityundersub-section (1) of section 107 of the Act shall be filed in FORMGSTAPL-01,[either] electronically [or otherwise] as may be notified by the Commissioner, and a provisional acknowledgement shall be issued to the appellant immediately. (2) The grounds of appeal and the form of verification as contained in FORM GST APL-01 shall be signed in the manner specified in rule Registration.19. (3) A hard copy of the appeal in FORM GST APL-01shall be submitted in triplicateto the Appellate Authority and shall be accompanied by a certified copy of the decision or order appealed against along with the supporting documents within seven days of filing of the appeal under sub-rule (1) and a final acknowledgement, indicating appeal number shall be issued thereafterin FORM GST APL-02by

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e Authority and shall be accompanied by a certified copy of the decision or orderappealed against along with the supporting documents within seven days of filing the application under sub-rule (1) and an appeal number shall be generated by the Appellate Authority or an officer authorised by him in this behalf. 3.Appeal to the Appellate Tribunal (1) An appeal to the Appellate Tribunal under sub-section (1) of section 112 of the Act shall be filed electronically, in FORM GST APL-05,on the common portal and a provisional acknowledgement shall be issued to the appellant immediately. (2) A memorandum of cross-objections to the Appellate Tribunal under sub-section (5) of section 112 of the Act shall be filed in quintuplicate to the Registrar in FORM GST APL-06. (3) The appeal and the memorandum of cross objections shall be signed in the manner specified in rule Registration.19. (4) A hard copy of the appeal in FORM GST APL-05shall b

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l be one thousand rupees for every one lakh rupees of tax or input tax credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined in the order appealed against, subject to maximum of twenty five thousand rupees. (6) There shall be no fee for application made before the Appellate Tribunal for rectification of errors referred to in sub-section (10) of section 112. 4. Application to the Appellate Tribunal (1) An application to the Appellate Tribunalunder sub-section (3) of section 112 of the Act shall be made electronically, in FORM GST APL-07, on the commonportal. (2) A hard copy of the application in FORM GST APL-07shall be submitted to the Registrar in quintuplicate and shall be accompanied by a certified copy of the decision or order appealed against along with supporting documentswithin seven days of filing the application under sub-rule (1) and an appeal number shall be genera

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s the case may be, the Appellate Authority any evidence which is relevant to any ground of appeal; or (d) where the adjudicating authority or, as the case may be, the Appellate Authority has made the order appealed against without giving sufficient opportunity to the appellant to adduce evidence relevant to any ground of appeal. (2) No evidence shall be admitted under sub-rule (1) unless the Appellate Authority or the Appellate Tribunal records in writing the reasons for its admission. (3) The Appellate Authority or the Appellate Tribunal shall not take any evidence produced under sub-rule (1) unless the adjudicating authority or an officer authorised in this behalf by the said authority has been allowed a reasonable opportunity – (a) to examine the evidence or document or to cross-examine any witness produced by the appellant; or (b) to produce any evidence or any witness in rebuttal of the evidence produced by the appellant

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Goods and Services Tax – GST – Dated:- 19-4-2017 – Chapter – Advance Ruling 1. Qualification and appointment of members of the Authority for Advance Ruling The Central Government and the State Government shall appoint an officer having the experience of not less than three years in the rank of Joint Commissioner as member of the Authority for Advance Ruling. 2. Form and manner of application to the Authority for Advance Ruling (1) An application for obtaining an advance ruling under sub-section (1) of section 97 of the Act shall be made on the common portal in FORM GST ARA-1 and shall be accompanied by a fee of five thousand rupees, to be deposited in the manner specified in section 49 of the Act. (2) The application referred to in sub-rul

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in sub-rule (1), the verification contained therein and all relevant documents accompanying such appeal shall be signed, – (a) in case of concerned officer or jurisdictional officer, by an officer authorized in writing by such officer; and (b) in the case of an applicant,in the manner specified in rule Registration.19. 5. Certification of copies of the advance rulings pronounced by the Authority A copy of the advance ruling pronounced by the Appellate Authority for Advance Ruling and duly signed by the Members shall be sent to- (a) the applicant and the appellant; (b) the concerned officer of Central Tax and State / Union Territory Tax; (c) the jurisdictional officer of Central Tax and State / Union Territory Tax; and (d) the Authority, in

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Goods and Services Tax – GST – Dated:- 19-4-2017 – CHAPTER- ACCOUNTS AND RECORDS 1. Maintenance of accounts by registered persons (1) Every registered person shall keep and maintain, in addition to the particulars mentioned in sub-section (1) of section 35, a true and correct account of the goods or services imported or exported or of supplies attracting payment of tax on reverse charge along with relevant documents, including invoices, bills of supply, delivery challans, credit notes, debit notes, receipt vouchers, payment vouchers, refund vouchers and e-way bills. (2)The account or records specified in sub-rule (1) shall be maintained separately for each activity including manufacturing, trading and provision of services, etc. (3) Every registered person, other than a person paying tax under section 10, shall maintain accounts of stock in respect of each commodity received and supplied by him, and such account shall contain particulars o

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ices; (b) names and complete addresses of the personsto whom he has supplied the goods or services; (c) the complete addresses of the premises where the goods are stored by him, including goods stored during transit along with the particulars of the stock stored therein. (7) If any taxable goods are found to be stored at any place(s) other than those declared under sub-rule(6) without the cover of any valid documents, the proper officer shall determine the amount of tax payable on such goods as if such goods have been supplied by the registered person. (8) Every registered person shall keep the books of account at the principal place of business and at every related place(s) of business mentioned in his certificate of registration and such books of account shall include any electronic form of data stored on any electronic device. (9) Any entry in registers, accounts and documents shall not be erased, effaced or ove

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ntity(wherever applicable) of goods or services received on behalf of every principal; (c) particulars including description, value and quantity(wherever applicable) of goods or services supplied on behalf of every principal; (d) details of accounts furnished to every principal; and (e) tax paid on receipts or on supply of goods or services effected on behalf of every principal. (13) Every registered person manufacturing goods shall maintain monthly production accounts, showing the quantitative details of raw materials or services used in the manufacture and quantitative details of the goods so manufactured including the waste and by products thereof. (14) Every registered person supplying services shall maintain the accounts showing the quantitative details of goods used in the provision of each service, details of input services utilised and the services supplied. (15) Every registered person executin

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d supply and outward supply shall be preserved for the period as provided in section 36of the Act and shall be kept at every related place of business mentioned in the certificate of registration. (18)Any person having custody over the goods in the capacity of a carrier or a clearing and forwarding agent for delivery or dispatch thereof to a recipient on behalf of any registered person shall maintain true and correct records in respect of such goods handled by him on behalf of the such registered person and shall produce the details thereof as and when required by the proper officer. (19) Every registered person shall, on demand, produce the books of accounts which he is required to maintain under any law in force. 2. Generation and maintenance of electronic records (1) Proper electronic back-up of records shall be maintained and preserved in such manner that, in the event of destruction of such records due to accidents or natural causes, the informa

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either directly or through a Facilitation Centre notified by the Commissioner and, upon validation of the details furnished, a unique enrollment number shall be generated and communicated to the said person. (2) The person enrolled under sub-rule (1) as aforesaid in any other State or Union territory shall be deemed to be enrolled in the State or Union Territory. (3) Every person who is enrolled under sub-rule (1) shall, where required, amend the details furnished in FORM GST ENR-01 electronically on the Common Portal either directly or through a Facilitation Centre notified by the Commissioner. (4) Subject to the provisions of rule 1, any person engaged in the business of transporting goods shall maintain records of goods transported, delivered and goods stored in transit by him and for each of his branches. (5) Subject to the provisions of rule 1, every owner or operator of a warehouse or godown shall maintain books of accounts, with r

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 19-4-2017 Last Replied Date:- 21-4-2017 – The Central Goods and Services Tax Act, 2017 has been enacted to make a provision for levy and collection of tax on intra-state supply of goods or services or both by the Central Government and the matters connected therewith or incidental thereto. This series of Articles shall analyze the provisions of Central Goods and Services Tax Act, 2017, which has been enacted on 12 April, 2017. Objects of CGST Law Presently, the Central Government levies tax on, manufacture of certain goods in the form of Central Excise duty, provision of certain services in the form of service tax, inter-State sale of goods in the form of Central Sales tax. Similarly, the State Governments levy tax on and on retail sales in the form of value added tax, entry of goods in the State in the form of entry tax, luxury tax and purchase tax, etc. Accordingly, there is multiplicity of taxes which are being levie

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n supply of goods or services or both at each stage of supply chain starting from manufacture or import and till the last retail level. So, any tax that is presently being levied by the Central Government or the State Governments on the supply of goods or services is going to be converged in goods and services tax which is proposed to be a dual levy where the Central Government will levy and collect tax in the form of central goods and services tax and the State Government will levy and collect tax in the form of state goods and services tax on intra-State supply of goods or services or both. Need for GST Law In view of the above, it has become necessary to have a Central legislation, namely the Central Goods and Services Tax Act, 2017. The proposed legislation will confer power upon the Central Government for levying goods and services tax on the supply of goods or services or both which takes place within a State. The proposed legislation will simplify and harmonise the indirect tax

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making it available in respect of taxes paid on any supply of goods or services or both used or intended to be used in the course or furtherance of business; to impose obligation on electronic commerce operators to collect tax at source, at such rate not exceeding one per cent. of net value of taxable supplies, out of payments to suppliers supplying goods or services through their portals; to provide for self-assessment of the taxes payable by the registered person; to provide for conduct of audit of registered persons in order to verify compliance with the provisions of the Act; to provide for recovery of arrears of tax using various modes including detaining and sale of goods, movable and immovable property of defaulting taxable person; to provide for powers of inspection, search, seizure and arrest to the officers; to establish the Goods and Services Tax Appellate Tribunal by the Central Government for hearing appeals against the orders passed by the Appellate Authority or the Revi

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III. Activities or transactions which shall be treated neither as a supply of goods nor a supply of services Origin and Commencement (Section 1) CGST Act will extend to whole of India excluding the states of Jammu and Kashmir. Jammu and Kashmir will need to approve levy of GST in its State assembly, on account of its special powers on taxation under article 370 of the Constitution. Once this is done, GST shall be introduced in the State. The CGST Act shall come into force from a date which will be notified by the Central Government in Official Gazette, i.e. from the appointed date. Different provisions may be made applicable from different dates as may be notified. (To be continued……) – Reply By Ganeshan Kalyani – The Reply = Sir, nice article. Sir, it is mentioned that CGST provision is not applicable in Jammu & Kashmir. But it seems that SGST & IGST will be applicable. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = Section 1(2) of IGST Act, 2017 provides that the Act sha

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 19-4-2017 Last Replied Date:- 20-5-2017 – Similar to that of income tax act and indirect taxes acts, the CGST Act, 2017 provides for the authorization of an eligible person to act as GST practitioners. Rule 24 of Returns (revised) Rules provides the provisions relating to a goods and service tax practitioner. Eligibility Rule 24 (1) gives the eligibility conditions for a GST practitioner which are detailed as below- he is a citizen of India; he is a person of sound mind; he is not adjudicated as insolvent; he has not been convicted by a competent court for an offence with imprisonment not less than two years and satisfies of the following conditions- that he is a retired officer of the Commercial Tax Department of any State Government or of the Central Board of Excise and Customs, Department of Revenue, Government of India, who, during his service under the Government, had worked in a post not lower in rank than that o

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a. Procedure for enrolment The following is the procedure for enrolment as a GST practitioner- A person who is eligible to act as GST practitioner may make an application in Form GST PCT – 1 to the officer authorized in this behalf for enrolment of GST practitioner; On receipt of the application, the authorized officer shall, after making such enquiry as he considers necessary, either enroll the applicant as a GST practitioner and issue a certificate to that effect in Form GST PCT – 2 or reject his application where it is found that the applicant is not qualified to be enrolled as a GST practitioner. Validity of certificate The enrolment made shall be valid until it is cancelled. Disqualification If any GST practitioner is found guilty of misconduct in connection with any proceedings under the Act, the authorized officer may, by order, in Form GST PCT direct that he shall henceforth be disqualified under Section 48 of the Act. Such order shall be passed only after giving him a notice t

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CT – 6 or at any time, withdraw such authorization in Form GST PCT – 7 and the GST practitioner so authorized shall be allowed to undertake such tasks as indicated in Form GST PCT – 6 during the period of authorization. Where a statement required to be furnished by a registered person has been furnished by the GST practitioner authorized by him, a confirmation shall be sought from the registered person over email or SMS. The statement furnished by the GST practitioner shall be made available to the registered person on the Common Portal. Where the taxable person fails to respond to the request for confirmation till the last date of furnishing such statement, it shall be deemed that he has confirmed the statements furnished by the GST practitioner. A registered person opting to furnish his return through a GST practitioner shall give his consent in Form GST PCT – 6 to any GST practitioner to prepare and furnish such return and before confirming submission of any statement prepared by th

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the electronic cash ledger; file a claim for refund; and file an application for amendment or cancellation of a registration. The GST practitioner shall prepare the statements with due diligence and affix his digital signature on the statements prepared by him or electronically verify using his credentials. For this purpose he has to get digital signature. Conditions for purposes of appearance Rule 25 provides that no person shall be eligible to attend before any authority, as a GST practitioner, in connection with any proceedings under the Act on behalf of any registered person or an un-registered person unless his name has been entered in the list maintained in Common Portal. – Reply By KASTURI SETHI – The Reply = Sir,. Very informative and educative article. Thanks for enrichment. – Reply By Ganeshan Kalyani – The Reply = Everything is transparent under GST now. Delcaring the GST practitioner name in the common portal means authority can find out which is under which consultant. Fu

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ling up the form. (I assume, consultant's staff may have filled up the form). The consultant agreed to the mistake and filed corrigendum with the assessing officer. And the case went ahead for assessment. In the above situation, the hardship which the client had faced in initial assessment hearing is because of the mistake committed by the consultant. Only in such situation where client has given proper data but the forms were not filled up the consultant should be bestowed with some responsibility. otherwise, whatever data given by client and as it is uploaded by consultant, the primary responsibility is with the client, i agree. – Reply By Ganeshan Kalyani – The Reply = Keeping these concern into mind the authority may have drafted the GST provision which requires the assesse to view/confirm the data uploaded by GST practissioner. Thus the possibility of error on the side of consultant would be avoided. – Reply By KASTURI SETHI – The Reply = Dear Sir, What I have observed profess

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able penalty. Penalty will be imposed only if payment is late. So thses freebies are an eye wash. It tantamounts to 'sale' . First increase the price and thereafter give the discount to the buyer. Thus shopkeepers/dealers befool the public. It is a fact. However, I agree with you it can click. But my e-filing return charges are already equal to freebies. I do consultancy with an aim to remain busy and update my knowledge. I give free consultancy on phone to everybody but if advice is to be given in writing then I charge reasonable fee because too much labour is involved. Any your idea is good and worth implementation. Thanks & Regards. – Reply By Saurabh Rairikar – The Reply = Respected all, First and foremost, Mr. M. Govindrajan has to be congratulated for his tireless effort in enlightening us with the issues that keep nudging our brains (busy brains rather) and for providing instant references to the Law. Thank You sir. Concerning the issues raised, section 48 of the Act

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Goods and Services Tax – Started By: – Archana Anand – Dated:- 18-4-2017 Last Replied Date:- 18-4-2017 – my name is ARCHANA ANAND.I have completed my M.com. I want to know whether I am eligible to fill the tax return preparer form ?if yes, then how … thank you. – Reply By Ganeshan Kalyani – The Reply = As per Section 43 of draft Model GST law provides for Tax Return Preparers (1) The appropriate Government may, by rules, prescribe the manner of approval of Tax Return Preparers, their eligibil

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 18-4-2017 – Draft Rule Recently two draft rules relating to GST have been released for the comments of the stakeholders viz., Electronic way bill and Assessment and Audit . The draft Electronic Way bill ( Bill for short) contains six rules dealing with the generation of electronic way bill and related procedures. Generation of electronic way bill Rule 1 provides fixes the threshold limit for causing the generation of electronic way bill. The said Rule provides that every registered person who causes movement of goods of consignment value exceeding ₹ 50,000/- in relation to supply or for reasons other than supply or due to inward supply from an unregistered person, shall, before the commencement of the movement, furnishing information relating to the goods consigned. The information shall be furnished in Part A of Form GST INS – 01 electronically on the common portal. The threshold limit is very less. This may be

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the transporter even the threshold limit is below ₹ 50,000/-. Generation of electronic way bill by an unregistered person Where the movement is caused by an unregistered person either in his own conveyance or a hired one or through a transporter, he or the transporter may, at their option, generate the electronic way bill in Form GST INS – 01 on the common portal in the manner prescribed. Where the goods are supplied by an unregistered supplier to a recipient, who is also registered, the movement shall be said to be caused by such recipient if the recipient is known at the time of commencement of movement of goods. Electronic way bill Number Rule 1(2) provides that upon generation of the electronic way bill on the common portal, a unique electronic way bill number (EBN) shall be made available to- the supplier; the recipient; and the transporter on the common portal. Transfer of goods from one conveyance to another Rule 1(3) provides that any transporter transferring goods from o

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or to the movement of the goods. Furnishing of information Rule 1(5) provides that the information furnished in Part of Form GST INS – 01 shall be made available to the registered supplier on the common portal who may utilize the same for furnishing the details in Form GSTR – 1( Details of outward supplies of taxable goods and/or services effected). When information has been furnished by an unregistered supplier in Form GST INS – 01, he shall be informed electronically, if the mobile number or the e-mail is available. Cancellation of electronic way bill Rule 1(6) provides that where the electronic way bill has been generated but goods are either not being transported or not being transported as per the details furnished in the electronic way bill, the electronic way bill may be cancelled electronically on the common portal, within 24 hours of generation of the electronic way bill. An electronic way bill cannot be cancelled if it has been verified in transit. Validity period Rule 1(7) p

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he electronic way bill. If he does not communicate his acceptance within 72 hours of the details being made available to him on the common portal, it shall be deemed that he has accepted the said details. Validity of electronic way bill Rule 1(9) provides that the electronic way bill generated under this rule or SGST shall be valid in the State. The facility of generation and cancellation of electronic way bill may also be made available through SMS. Documents Rule 2 provides for the documents and devices to be carried by a person in charge of a conveyance. The person in charge of a conveyance shall carry the invoice or bill of supply or delivery challan and a copy of the electronic way bill number, either physically or mapped to a Radio Frequency Identification Device (RFID) embedded on the conveyance in such manner as notified by the Commissioner. A registered person may obtain an Invoice Reference Number from the common portal by uploading a tax invoice issued by him in Form GST INV

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e goods are transported other than by way of supply; Verification of documents and conveyances Rule 3 provides that the Commissioner or an officer empowered by him in this behalf may authorize the proper officer to intercept any conveyance to verify the electronic way bill number in physical form for all inter-State and intra-State movement of goods. The Commissioner shall get RFID readers installed at places where verification of movement of goods is required to be carried out and verification of movement of vehicles shall be done through such RFID readers where the electronic way bill has been mapped with RFID. Physical verification of conveyances shall be carried out by the proper officer as authorized by the Commissioner or an officer empowered by him in his behalf. On receipt of specific information of evasion of tax, physical verification of a specific conveyance can also be carried out by any officer after obtaining necessary approval of the Commissioner or an officer authorized

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SETTLEMENT OF CASES IN GST – Goods and Services Tax – Started By: – MARIAPPAN GOVINDARAJAN – Dated:- 17-4-2017 Last Replied Date:- 17-4-2017 – Why there is no provision in GST Acts for settlement of c

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 17-4-2017 Last Replied Date:- 17-9-2017 – Section 17(5) of the Central Goods and Services Act, 2017 provides that input tax credit in respect of the following shall not be available- (a) motor vehicles and other conveyances except when they are used- (i) for making the following taxable supplies, namely- (A) further supply of such vehicles or conveyances; or (B) transportation of passengers; or (C) imparting training on driving, flying, navigating such vehicles or conveyances; (ii) for transportation of goods; (b) the following supply of goods or services or both- (i) food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery except where an inward supply of goods or services or both of a particular category is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supp

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ices or both are used in course of furtherance of business; (e) goods or services or both on which tax has been paid under Section 10 (Composition scheme); (f) goods or services or both received by a non resident taxable person except on goods imported by him; (g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and (i) any tax paid in accordance with the provisions of Section 74, 129 and 130- Section 74 provides for the determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized by reason of fraud or any willful misstatement or suppression of fact; Section 129 deals with the detention, seizure and release of goods and conveyances in transit and the tax paid in this procedure; Section 130 deals with the confiscation of goods or conveyances and levy of penalty. Construction The explanation to Section 17(5) (d) defines the term cons

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Rule 2(l) of CENVAT Credit Rules, 2004 are incorporated in Section 17(5) of the CGST Act, 2017. Rule 2(l) of CENVAT Credit Rules, 2004 defines the term input service . This term excludes certain services that means that such services are not eligible to take and utilize CENVAT credit which are as below- service portion in the execution of a works contract and construction services including service listed under clause (b) of section 66E of the Finance Act (specified services) in so far as they are used for – construction or execution of works contract of a building or a civil structure or a part thereof; laying of foundation or making of structures for support of capital goods, except for the provision of one or more of the specified services; or [Section 17(5) (c) of CGST Act provides that the works contract services when supplied for construction of an immovable property, other than plant and machinery is ineligible for taking input tax credit.] services provided by way of renting o

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ices, cosmetic and plastic surgery are declared as ineligible input tax credit vide Section No. 17(5)(b) (i).Howeverwhere an inward supply of goods or services or both of a particular category is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply.The particular category is to be prescribed by the Government. Membership of a club, health and fitness centre, life insurance services are not eligible in GST regime also vide Section 17(5)(b)(ii); Travel benefits extended to employees on vacation such as Leave or Home Travel Concession, services are also made ineligible for input tax credit vide Section 17(5)(b)(iv); Life insurance, health insurance is also made ineligible for input tax credit.However exceptions are there in this case. The Government notifies the services which are obligatory for an employer to provide to its employees under any law for the time being in fo

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s and pipes and fittings thereof; (vii) storage tank and (viii) motor vehicles other than those falling under tariff headings 8702, 8703, 8704, 8711 and their chassis, but including dumpers and tippers used- (1) in the factory of the manufacturer of the final products; or (1A) outside the factory of the manufacturer of the final products for generation of electricity or for pumping of water for captive use within the factory; or (2) for providing output service; (B) motor vehicle designed for transportation of goods including their chassis registered in the name of the service provider, when used for- (i) providing an output service of renting of such motor vehicle; or (ii) transportation of inputs and capital goods used for providing an output service; or (iii) providing an output service of courier agency (C) motor vehicle designed to carry passengers including their chassis, registered in the name of the provider of service, when used for providing output service of- (i) transportat

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i) any goods including accessories, cleared along with the final product, the value of which is included in the value of the final product and goods used for providing free warranty for final products; or (iii) all goods used for generation of electricity or steam or pumping of water for captive use; or (iv) all goods used for providing any output service; or; (v) all capital goods which have a value up to ten thousand rupees per piece, but excludes- (A) light diesel oil, high speed diesel oil or motor spirit, commonly known as petrol; (B) any goods used for – (a) construction or execution of works contract of a building or a civil structure or a part thereof; or (b) laying of foundation or making of structures for support of capital goods, except for the provision of service portion in the execution of a works contract or construction service as listed under clause (b) of section 66E of the Act; (C) capital goods, except when,- (i) used as parts or components in the manufacture of a f

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reduced. Conclusion The definition of the term capital goods , inputs and input services is clear without giving place for interpretation as in the case of CENVAT Credit Rules. The only condition to observe is that the goods or services are used or intended to be used for the furtherance of business. Even though some categories mentioned in Section 17(5) (a), (b), (c) and (d) are not eligible to take input tax credit but if they are used for furtherance of business or some activities. The taking of input tax credit in GST regime is having no complex when comparing the CENVAT Credit Rule regime. – Reply By Sanketh Meri – The Reply = Dear Sir,The major issue under GST on capital goods definition is majorly pertaining to the word 'Capitalization in books' used. Not all capital goods are capitalized in books. This is surely going to cause dilemma. Your views will be appreciated. – Reply By JAIPRAKASH RUIA – The Reply = Section 17 of CGST Act having following cluases :(c) works cont

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e of construction work (service) and material used for repairing ( not capitalized) of plant in the course or furtherance of business is available to the assesse.Sir, you are highly learned person in this regard and hope to receive the guidance.ThanksJaiprakash Ruia – Reply By chintan shah – The Reply = sir i manufacturer chocolates and companies buy it from me for sales promotion as gifting. can the company buying the chocolate take input credit for their purchase of chocolates? – Reply By Pradeep Dadhich – The Reply = Sir,My Client is Constructing a Hotel building, whether we will get input tax credit of material used in constructing the Hotel Building like Cement, HVAC Items, Lift and Others – Reply By abnish rastogi – The Reply = Sir, I want to take your help regarding GST. In Financial year 2016-2017 My VAT ITC was ₹ 1345.00. In Financial year 2017-2018 in 1st Quater, I claimed that ITC (₹ 1345.00). Now the problem is, on 10-july-2017 by mistake i filed Tran-1 with &#8

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2017 (4) TMI 1599 – RAJASTHAN HIGH COURT – TMI – Issue notice as to why this petition for writ be not accepted, as prayed – HELD THAT:- Issue notice of the stay application also. Notices be given 'dasti' to learned counsel for the petitioner to effect service upon the respondents. The Rule issued is made returnable within a period of six weeks. – D.B. Civil Writ Petition No. 4162/2017 Dated:- 17-4-2017 – HON'BLE MR. JUSTICE GOVIND MATHUR AND HON'BLE MR. JUSTICE VINIT KUM

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Goods and Services Tax – GST – Dated:- 15-4-2017 – New Delhi, Apr 15 (PTI) Racing against time for GST rollout, Central Board of Excise and Customs (CBEC) chief Vanaja N Sarna has sanctioned ₹ 1 crore to each of 23 zones to conduct an outreach programme about the new tax regime. Sarna asked officials of each zone to carry out the outreach at the local level to explain the new structure as also its benefits, registration and compliance. To implement this, zonal chief commissioners have now been requested to utilise an amount of ₹ 1 crore out of the funds under the 'O.E. General' head for this purpose, she wrote in her weekly newsletter. The funds, she said, should be used for extensive outreach for educating taxpayers on

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ent is in progress. At this stage, it is of paramount importance that we have an effective outreach to all the stakeholders to inform them of the salient features and benefits of GST, she said. In the previous newsletter, she had stated that as part of the outreach programme, 24 print advertisements had been taken out in almost 200 different newspapers and outdoor GST campaign in major cities being undertaken using mediums like hoardings, rail train panels, bus queue shelters, bridge panels and billboards. Special GST awareness campaign has been displayed through 12 Air India aircraft and TV advertisements, and radio jingles are being run on major channels. Also, a YouTube channel named 'GST_India' has been created featuring major i

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Rule 5 – Final Rules (Draft) – ASSESSMENT AND AUDIT – GST – ASSESSMENT AND AUDIT – Draft Rules 13-4-2017 – Rule 5 – 5. Special Audit (1) Where special audit is required to be conducted in accordance with the provisions of section 66, the officer referred to in the said section shall issue a direction in FORM GST ADT-03 to the registered person to get his records audited by a chartered accountant or a cost accountant specified in the said direction. (2) On conclusion of special audit, the regist

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Rule 2 – Final Rules (Draft) – ASSESSMENT AND AUDIT – GST – ASSESSMENT AND AUDIT – Draft Rules 13-4-2017 – Rule 2 – 2. Scrutiny of returns (1) Where any return furnished by a registered person is selected for scrutiny, the proper officer shall scrutinize the same in accordance with the provisions of section 61 with reference to the information available with him, and in case of any discrepancy, he shall issue a notice to the said person in FORM GST ASMT-10, informing him of such discrepancy and

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Rule 3 – Final Rules (Draft) – ASSESSMENT AND AUDIT – GST – ASSESSMENT AND AUDIT – Draft Rules 13-4-2017 – Rule 3 – 3. Assessment in certain cases. (1) The order of assessment made under sub-section (1) of section 62 shall be issued in FORM GST ASMT-13. (2) The proper officer shall issue a notice to a taxable person in accordance with the provisions of section 63 in FORM GST ASMT-14 containing the grounds on which the assessment is proposed to be made on best judgment basis and after allowing a

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Rule 4 – Final Rules (Draft) – ASSESSMENT AND AUDIT – GST – ASSESSMENT AND AUDIT – Draft Rules 13-4-2017 – Rule 4 – 4. Audit (1) The period of audit to be conducted under sub-section (1) of section 65 shall be a financial year or multiples thereof. (2) Where it is decided to undertake the audit of a registered person in accordance with the provisions of section 65, the proper officer shall issue a notice in FORM GST ADT-01 in accordance with the provisions of sub-section (3) of the said section. (3) The proper officer authorised to conduct audit of the records and books of account of the registered person shall, with the assistance of the team of officers and officials accompanying him, verify the documents on the basis of which the books

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Rule 1 – Final Rules (Draft) – ASSESSMENT AND AUDIT – GST – ASSESSMENT AND AUDIT – Draft Rules 13-4-2017 – Rule 1 – CHAPTER ASSESSMENT AND AUDIT 1. Provisional Assessment (1) Every registered person requesting for payment of tax on a provisional basis in accordance with the provisions of sub-section (1) of section 60 shall furnish an application along with the documents in support of his request, electronically, in FORM GST ASMT-01 on the Common Portal, either directly or through a Facilitation Centre notified by the Commissioner. (2) The proper officer may, on receipt of the application under sub-rule (1), issue a notice in FORM GST ASMT-02 requiring the registered person to furnish additional information or documents in support of his r

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nder sub rule (3): Provided that a bond furnished to the proper officer under the Central/State Goods and Services Tax Act or Integrated Goods and Services Tax Act shall be deemed to be a bond furnished under the provisions of this Act and the rules made thereunder. Explanation.- For the purposes of this rule, the term amount shall include the amount of integrated tax, central tax, State tax or Union territory tax and cess payable in respect of the transaction. (5) The proper officer shall issue a notice in FORM GST ASMT-06, calling for information and records required for finalization of assessment under sub-section (3) of section 60 and shall issue a final assessment order, specifying the amount payable by the registered person or the amo

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Rule 3 – Draft-Bills-Reports – e-Way Bill – GST – e-Way Bill – Draft Rules 13-4-2017 – Rule 3 – 3. Verification of documents and conveyances (1) The Commissioner or an officer empowered by him in this behalf may authorise the proper officer to intercept any conveyance to verify the e-way bill or the e-way bill number in physical form for all inter-State and intra-State movement of goods. (2) The Commissioner shall get RFID readers installed at places where verification of movement of goods is r

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Rule 4 – Draft-Bills-Reports – e-Way Bill – GST – e-Way Bill – Draft Rules 13-4-2017 – Rule 4 – 4. Inspection and verification of goods (1) A summary report of every inspection of goods in transit shall be recorded online by the proper officer in Part A of FORM GST INS – 03 within twenty four hours of inspection and the final report in Part B of FORM GST INS – 03 shall be recorded within three days of the inspection. (2) Where the physical verification of goods being transported on any conveyan

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Facility for uploading information regarding detention of vehicle – Rule 5 – Draft-Bills-Reports – e-Way Bill – GST – e-Way Bill – Draft Rules 13-4-2017 – Rule 5 – 5. Facility for uploading informatio

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Rule 1 – Draft-Bills-Reports – e-Way Bill – GST – e-Way Bill – Draft Rules 13-4-2017 – Rule 1 – Chapter – Electronic Way Bill 1. Information to be furnished prior to commencement of movement of goods and generation of e-way bill (1) Every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees – (i) in relation to a supply; or (ii) for reasons other than supply; or (iii) due to inward supply from an unregistered person, shall, before commencement of movement, furnish information relating to the said goods in Part A of FORM GST INS-01, electronically, on the common portal and (a) where the goods are transported by the registered person as a consignor or the recipient of supply as the consignee, whether in his own conveyance or a hired one, the said person or the recipient may generate the e-way bill in FORM GST INS-1 electronically on the common portal after furnishing information in Part B of FORM GST INS-01; or (b) where the e-way bill is n

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who is registered, the movement shall be said to be caused by such recipient if the recipient is known at the time of commencement of movement of goods. (2) Upon generation of the e-way bill on the common portal, a unique e-way bill number (EBN) shall be made available to the supplier, the recipient and the transporter on the common portal. (3) Any transporter transferring goods from one conveyance to another in the course of transit shall, before such transfer and further movement of goods, generate a new e-way bill on the common portal in FORM GST INS-01 specifying therein the mode of transport. (4) Where multiple consignments are intended to be transported in one conveyance, the transporter shall indicate the serial number of e-way bills generated in respect of each such consignment electronically on the common portal and a consolidated e-way bill in FORM GST INS-02 shall be generated by him on the common portal prior to the movement of goods: Provided that where the consignor has n

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ctronically on the common portal, either directly or through a Facilitation Centre notified by the Commissioner, within 24 hours of generation of the e-way bill: Provided that an e-way bill cannot be cancelled if it has been verified in transit in accordance with the provisions of rule 3. (7) An e-way bill or a consolidated e-way bill generated under this rule shall be valid for the period as mentioned in column (3) of the Table below from the relevant date, for the distance the goods have to be transported, as mentioned in column (2): Table Sr. no. Distance Validity period (1) (2) (3) 1. Less than 100 km One day 2. 100 km or more but less than 300km Three days 3. 300 km or more but less than 500km Five days 4. 500 km or more but less than 1000km Ten days 5. 1000 km or more Fifteen days Provided that the Commissioner may, by notification, extend the validity period of e-way bill for certain categories of goods as may be specified therein. Explanation.- For the purposes of this rule, th

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Rule 2 – Draft-Bills-Reports – e-Way Bill – GST – e-Way Bill – Draft Rules 13-4-2017 – Rule 2 – 2. Documents and devices to be carried by a person-in-charge of a conveyance (1) The person in charge of a conveyance shall carry – (a) the invoice or bill of supply or delivery challan, as the case may be; and (b) a copy of the e-way bill or the e-way bill number, either physically or mapped to a Radio Frequency Identification Device (RFID) embedded on to the conveyance in such manner as may be notified by the Commissioner. (2) A registered person may obtain an Invoice Reference Number from the common portal by uploading, on the said portal, a tax invoice issued by him in FORM GST INV-1, and produce the same for verification by the proper offic

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 15-4-2017 Last Replied Date:- 25-4-2017 – It is expected that the GST will come into effect from 01.07.2017. Section 109 to 116 of the Central Goods and Services Tax Bill, 2017 (passed by both Lok Sabha and Rajya Sabha and awaiting for the nod of the President of India) provide for the constitution of Goods and Services Tax Appellate Tribunal for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority and also provide the procedures for the functioning of the said Tribunal. The said Tribunal will hear appeals in respect of GST matters that will come into effect from 01.07.2017. At present the appeals against the appellate authorities are made to CESTAT (Customs, Excise & Service Tax Appellate Tribunal). The Bill does not provide for the transfer of cases of CESTAT to the new Tribunal as done in the Companies Act, 2013 which transferred the pending cases before Company Law Bo

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relating to adjudications, refunds, rebates, drawback as well as export related schemes. It had increased the adjudicating powers of officials and also hiked the monetary threshold for filing cases. The main question before us is whether 5 years time is enough for CESTAT to wipe all the appeal pending before it. The pending cases as on the appointed day i.e., 01.07.2017 may be finalized within 5 years time by the CESTAT. The provisions of service tax and excise duty will be applicable till 30.06.2017 i.e., the previous day to the effective date from which GST will come into live. Section 73(1) of Finance Act, 1994 provides that where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, the Central Excise Officer may, within thirty months from the relevant date, serve notice on the person chargeable with the service tax which has not been levied or paid or which has been short-levied or short-paid or the person to whom such tax refu

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of duty, the Central Excise Officer shall, within 12[two years] from the relevant date, serve notice on the person chargeable with the duty which has not been so levied or paid or which has been so short-levied or short-paid or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice. Section 11A (4) of the Central Excise Act, 1944 provides that where any duty of excise has not been levied or paid or has been short levied or short-paid or erroneously refunded, by the reason of- (a) fraud; or (b) collusion; or (c) any willful mis-statement; or (d) suppression of facts; or (e) contravention of any of the provisions of this Act or of the rules made there under with intent to evade payment of duty, by any person chargeable with the duty, the Central Excise Officer shall, within five years from the relevant date, serve notice on such person requiring him to show cause why he should not pay the amount specified in the

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s duty. The appeals against the Appellate authorities are to be filed before CESTAT for customs matters. Unless otherwise a separate Tribunal is established for customs matters CESTAT is to be continued for ever but the number of benches may be reduced. The Department of Revenue will take a call on the exact working of CESTAT under GST. Officials note that it may be difficult to start out with GST on an absolutely clear slate as many cases are pending with tribunals and higher courts but efforts are on to expedite as many cases as possible. Transitional provisions regarding to CENVAT credit In respect of the litigations relating to CENVAT credit transitional provisions are incorporated the in the CGST Bill, 2017. Section 142(6) (a) provides that every proceeding of appeal, review or reference relating to CENVAT credit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of existing law, and any amount of c

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fore, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of existing law. If any amount becomes recoverable as result of such appeal, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of duty or tax under this Act and the amount so recovered shall not be admissible as input tax credit under the Act. If any amount found to be admissible to the claimant shall be refunded to him in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of Section 11B(2) of the Central Excise Act, 1944 and the amount rejected, if any, shall not be admissible as input tax credit under this Act. Section 142(8) (a) provides that where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes recoverabl

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Goods and Services Tax – GST – Dated:- 14-4-2017 – CHAPTER ASSESSMENT AND AUDIT 1. Provisional Assessment (1) Every registered person requesting for payment of tax on a provisional basis in accordance with the provisions of sub-section (1) of section 60 shall furnish an application in FORM GST ASMT-01, along with the documents in support of his request, electronically through the Common Portal, either directly or through a Facilitation Centre notified by the Commissioner. (2) The proper officer may, on receipt of the application under sub-rule (1), issue a notice in FORM GST ASMT-02 requiring the registered person to appear in person or furnish additional information or documents in support of his request and the applicant shall file a reply to the notice in FORM GST ASMT – 03. (3) The proper officer shall issue an order in FORM GST ASMT-04, either rejecting the application, stating the grounds for such rejection or allowing payment of tax on provisional basis indicating the value or

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ormation and records required for finalization of assessment under sub-section (3) of section 60 and shall issue a final assessment order, specifying the amount payable by the registered person or the amount refundable, if any, in FORM GST ASMT-07. (6) The applicant may file an application in FORM GST ASMT- 08 for release of security furnished under sub-rule (4) after issue of order under sub-rule (5). (7) The proper officer shall release the security furnished under sub-rule (4), after ensuring that the applicant has paid the amount specified in sub-rule (5) and issue an order in FORM GST ASMT-09 within a period of seven working days from the date of receipt of the application under sub-rule (6). 2. Scrutiny of returns (1) Where any return furnished by a registered person is selected for scrutiny, the proper officer shall scrutinize the same in accordance with the provisions of section 61 with reference to the information available with him, and in case of any discrepancy, he shall is

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(2) The proper officer shall issue a notice to an unregistered taxable person in accordance with the provisions of section 63 in FORM GST ASMT-14 containing the grounds on which the assessment is proposed to be made on best judgment basis and after allowing a time of fifteen days to such person to furnish his reply, if any, pass an order in FORM GST ASMT-15. (3) The order of summary assessment under sub-section (1) of section 64 shall be issued in FORM GST ASMT-16. (4) The person referred to in sub-section (2) of section 64 may file an application for withdrawal of the summary assessment order in FORM GST ASMT-17. (5) The order of withdrawal or, as the case may be, rejection of the application under sub-section (2) of section 64 shall be issued in FORM GST ASMT-18. 4. Audit (1) The period of audit to be conducted under sub-section (1) of section 65 shall be a financial year or multiples thereof. (2) Where it is decided to undertake the audit of a registered person in accordance with t

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