Author: admin_gst

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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Goods and Services Tax – GST – Dated:- 14-4-2017 – 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 not generated under clause (a) and the goods a

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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 not generated FORM GST INS-01 in accordance wit

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y 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, the relevant date shall mean the date on which the

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r 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 officer in lieu of the tax invoice and such number shall be valid for a period of thirty days from the date of uploading. (3) Where the registered person uploads the invoice under sub-rule (1), the information in Part A of FORM GST INS-01 shall be auto-populated by the common portal on the basis of the information furnished in FORM GST INV-1. (4) The Commissioner may, by notification, require a class of transporters to obtain a unique RFID and get the said device embedded on to the conveyance and

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D. (3) Physical verification of conveyances shall be carried out by the proper officer as authorized by the Commissioner or an officer empowered by him in this behalf: Provided that 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 by him in this behalf. 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 conveyance has been done during transit at one place within the State or in any other State, no further physical verification of the said conveyance shall be carried out again in t

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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