Author: admin_gst

GST CMP – 06
Reply to the notice to show cause
Bills
Forms
GST CMP – 06 of GST – Composition Rules – Final Draft Rules 18-5-2017
Form GST CMP – 06
[See Rule – ]
Reply to the notice to show cause
1.
GSTIN
 
2.
Details of the show cause notice
Reference no.
Date
3.
Legal name
 
4.
Trade name, if any
 
5.
Address of the Principal Place of Business
 
6.
Reply to the notice
 
7.
List of documents uploaded
 
8.
Verification
I ____

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GST CMP – 05
Notice for denial of option to pay tax under section 10
Bills
Forms
GST CMP – 05 of GST – Composition Rules – Final Draft Rules 18-5-2017
Form GST CMP- 05
[See Rule ]
<< Date Reference No. <<... >
To
GSTIN
Name
Address
Notice for denial of option to pay tax under section 10
Whereas on the basis of information which has come to my notice, it appears that you have violated the conditions and restrictions necessary for availing of the composition scheme under s

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GST CMP – 04
Intimation/Application for Withdrawal from Composition Levy
Bills
Forms
GST CMP – 04 of GST – Composition Rules – Final Draft Rules 18-5-2017
Form GST – CMP-04

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Document 2
Form GST – CMP-04 [See Rule ]

Intimation/Application for Withdrawal from Composition Levy

1. GSTIN

2. Legal name

3. Trade name, if any

4.Address of Principal Place of business

5. Category of Registered Person

(iv) Manufacturers, other than manufacturers of

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GST CMP – 03
Intimation of details of stock on date of opting for composition levy (Only for persons registered under the existing law migrating on the appointed day)
Bills
Forms
GST CMP – 03 of GST – Composition Rules – Final Draft Rules 18-5-2017
Form GST -CMP-03
[See Rule – ]
Intimation of details of stock on date of opting for composition levy
(Only for persons registered under the existing law migrating on the appointed day)
1. GSTIN
 
2. Legal name
 
3. Trade name, if any
 
4. Address of Principal Place of Business
 
5. Details of application filed to pay tax under section 10
(i) Application reference number (ARN)
 
(ii) Date of filing
 
6. Jurisdiction
Centre
State
7. S

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GST CMP – 02
Intimation to pay tax under section 10 (composition levy)(For persons registered under the Act)
Bills
Forms
GST CMP – 02 of GST – Composition Rules – Final Draft Rules 18-5-2017
Form GST CMP -02
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Document 1Form GST CMP-02
[See Rule-]
Intimation to pay tax under section 10 (composition levy)
(For persons registered under the Act)
1. GSTIN
2. Legal name
3. Trade name, if any
4. Address of Principal Place of Business
5. Category of Registered Person .
(

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GST CMP – 01
Intimation to pay tax under section 10 (composition levy)(Only for persons registered under the existing law migrating on the appointed day)
Bills
Forms
GST CMP – 01 of GST – Composition Rules – Final Draft Rules 18-5-2017
Form GST CMP -01
–
=============
Document 1Form GST CMP -01
[See Rule ]
Intimation to pay tax under section 10 (composition levy)
(Only for persons registered under the existing law migrating on the appointed day)
1. GSTIN / Provisional ID
2. Leg

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Case Studies on Supply Definition
By: – Alok Agarwal
Goods and Services Tax – GST
Dated:- 24-5-2017

Case Studies on Supply under GST
Question 1
Mr. Happy (an unregistered person) plans to pursue his higher education in UK. He receives career consultancy services from a UK based consultant for ₹ 1, 20,000. Does it qualify as a supply?
Answer: Yes. Importation of services for a consideration whether or not in the course or furtherance of business is covered under supply. Hence, in the above case it will be treated as supply. The UK based consultant would be required to register as Non Resident Taxable Person and shall discharge GST liability.
Question 2
Happy Ltd provides management services without charge to Joy Ltd. Happy Ltd has a 30% shareholding in Joy Ltd. Does it qualify as a supply?
Answer: Supply of goods or services between related persons is treated as supply even if it is without consideration (Schedule 1). However, as per the definition of relate

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to transport its workers to customers' premises. During one weekend, the van was used by its CFO for his relatives for a family outing. Is it a supply?
Answer:
Supply of goods or services by employer to employee when made in the course or furtherance of business shall be treated as Supply even if made without consideration. However, if the value of gifts is not exceeding ₹ 50,000 in a financial year by an employer to an employee shall not be treated as supply of goods or services or both.
Question 5
Happy Ltd is a man power supply agency. They have supplied man power for cleaning a lake after the Ganesh immersion without charging any consideration. Is it a supply?
Answer:
A supply without consideration does not fall within the purview of supply unless made to a related person or is covered in any of the clause of Schedule 1.
Question 6
Archean Constructions Ltd (A registered taxable person) receives architectural design supplied by a foreign architect to design a resid

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case the assets of business are transferred as a going concern (TAGC).
Question 8
Transfer/Exchange of shares of a company on account of amalgamation/demerger/acquisition/restructuring without change in the legal entity
Answer:
A transaction in securities is neither supply of goods nor services. Securities are excluded from the definition of both goods as well as services.
Question 9
Mudhra Ltd, an NBFC transfers bad loans (unsecured) to Vsupport Capital Advisors Ltd.
Answer:
Actionable claims are covered in definition of goods. However, Schedule III excludes actionable claims other than lottery, gambling and betting from the scope of supply. Transfer of unsecured loans, therefore, would not amount to supply.
Hope this article is of help in your professional work. In case of any query/feedback please write us at alok@alokfoundation.com, Satish.vattam@gmail.com
Reply By sunil jagtiani as =
Q-A No. 4 – A small doubt kindly clarify
Whether facilitate to employee to be consi

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RG-1 (Daily Stock Account) is applicable on GST
Query (Issue) Started By: – Rajan Rajan Dated:- 23-5-2017 Last Reply Date:- 24-5-2017 Goods and Services Tax – GST
Got 4 Replies
GST
Dear All,
Whether RG-1 (Daily Stock Account) is applicable on GST regime.
Reply By Ganeshan Kalyani:
The Reply:
The said register is not required but the content as available in the register suffice the detail that are prescribed under accounts and records rules under GST.
Reply By KASTURI SETHI:
The

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GST on Sales Return
Query (Issue) Started By: – Saurav Mallick Dated:- 23-5-2017 Last Reply Date:- 23-5-2017 Goods and Services Tax – GST
Got 1 Reply
GST
Hi All,
Company A sells product to distributor(registered) B where the price is INR 100 and GST is INR 12.
When the distributor returns the product within 6 months from invoice date within state will GST be applicable if so at what rate?
If this is an interstate return will GST be applicable is so what will be the GST rate?
If

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Entertainment, cable, DTH to attract lower taxes under GST
GST
Dated:- 23-5-2017

New Delhi, May 23 (PTI) Taxation on entertainment, cable and DTH services shall come down under the Goods and Services Tax regime as the 'entertainment tax' levied by states has been subsumed in the GST, the government said today.
The Finance Ministry in a statement said services by way of admission to entertainment events or cinematography films in cinema theatres will attract 28 per cent GST with effect from July 1.
Currently, states impose entertainment tax of up to 100 per cent in respect of exhibition of cinematography films in theatres/cinema halls.
Under GST, the entertainment tax has been subsumed, and hence only the taxes levie

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Further, the GST Council has approved an exemption up to a consideration for admission of ₹ 250 per person.
These services currently attract entertainment tax levied by the states, the statement said.
"Presently, such service providers are not eligible to avail of input credits in respect of VAT paid on domestically procured capital goods and inputs or of Special Additional Duty (SAD) paid on imported capital goods and inputs," the statement added.
Thus, while GST is a value added tax, entertainment tax, presently levied by the states is like a turnover tax, it added.
The government has estimated that the incidence of taxes on smartphones, medical devices and cement will come down post GST rollout from July 1.
Last week

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Lower Tax Incidence on Entertainment Services under Goods and Services (GST) Tax
GST
Dated:- 23-5-2017

Lower Tax Incidence on Entertainment Services under Goods and Services (GST) Tax
Service providers shall be eligible for full Input Tax Credits (ITC) of GST paid in respect of inputs and input services
Taxes on entertainments and amusements (covered by the erstwhile entry 62 of State List of the Constitution) have been subsumed under Goods and Services Tax (GST) except to the extent of taxes on entertainments and amusements levied by a Panchayat or a Municipality.
The rate of GST approved by GST Council on services by way of admission to entertainment events or cinematography films in cinema theatres is 28%. However, the

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Goods and Services Tax (GST) will lead to lower tax burden in several commodities including packaged cement, Medicaments, Smart phones, and medical devices, including surgical instruments
GST
Dated:- 23-5-2017

The roll out of Goods and Services (GST) Tax will bring benefits to the consumers due to reduced tax rates on various commodities such as packaged cement, medicaments, smart phones, and medical devices, etc.
Packaged cement attracts central excise duty of 12.5% + ₹ 125 PMT and standard VAT rate of 14.5%. At these rates, the present total tax incidence works out to more than 29%. If we include tax incidence on account of CST, octroi, entry tax, etc., the present total tax incidence would work out to more than 31%.

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Cenvat credit of Capital Goods under GST
Query (Issue) Started By: – Aitha RajyaLakshmi Dated:- 23-5-2017 Last Reply Date:- 24-5-2017 Goods and Services Tax – GST
Got 1 Reply
GST
Sir,
Wh

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Income Classification for Tax Deductions: Section 80-IAB Focuses on Source, Not Business Income Limitation.
Case-Laws
Income Tax
Deduction u/s. 80-IAB – The head of income under which the said income is assessable, which is on the basis of the source – from amongst the specified sources under the Act, most appropriate for the said income, so that it is not assessable as business income but as income from house property, would not be a limiting or debilitating factor. – AT
TMI Upda

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E-way Bill – movement of goods under GST
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 23-5-2017

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. 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. Thus every movement may it be from factory place to the pl

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y the supplier, the transporter and even the recipient, who have to communicate its acceptance or rejection of the consignment covered by the e-way bill within a very short period. This will cause myriad of inconveniences and cumbersome digital work for small time businessmen.
Further transporters generally belong to a class that is unorganized and is not well versed with digital equipments, thus it will be a challenge to implement this system smoothly.
Also the assessee will be left burdened with generating the E Bills for every single movement of goods. The proposed E-way bills, which will be required for movement of goods will make transport of goods a cumbersome, delayed and pricey affair under the GST regime.
You can visit us at www

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ils filled in GST INS – 01 by supplier may be available in GSTR 1 also, effectively only one entry.
Dated: 24-5-2017
Reply By ANIL ANIKHINDI as =
All these things are ok only under super connectivity roadways. In our country major problems are of inefficient infrastructure, such as, no or slow internet connectivity, lack of educative class of people handling materials etc. How such e-way bill would be implemented is the 100m$ question. Instead Govt. may think of certain devise which can be used without internet connection to collect the information from all movements of materials on all check posts and reconcile such data subsequently with returns submitted on GSTN by the suppliers/recipients.
Dated: 24-5-2017
Scholarly articles fo

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Provisional Input Credit
Query (Issue) Started By: – puneet virmani Dated:- 23-5-2017 Last Reply Date:- 24-5-2017 Goods and Services Tax – GST
Got 1 Reply
GST
What is provisional Input Credit under GST. For what period it's available and conditions for availing the same.
Reply By Ganeshan Kalyani:
The Reply:
One of the condition to avail input tax credit is payment to the vendor within six months. Until the the credit is allowed on provisional basis.Thanks
Discussion Forum

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GST rate 5 % with No ITC
Query (Issue) Started By: – yateen vyas Dated:- 22-5-2017 Last Reply Date:- 23-5-2017 Goods and Services Tax – GST
Got 1 Reply
GST
Experts,
1. Whether 5 % rate on GTA with no ITC,so this ITC not be available to service Receiver as or to GTA (Service provider).
2.what will be valuation if Stock transfer to Depot within same state with same registration,stock tranfer to depot in other state,sister unit transfer.
Reply By Himansu Sha:
The Reply:
Rules are t

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Education Cess & SHEC balance
Query (Issue) Started By: – Vishnu Dutt Gupta Dated:- 22-5-2017 Last Reply Date:- 8-10-2017 Goods and Services Tax – GST
Got 4 Replies
GST
Transfer of EC & SHEC balance in GST is possible or not. If not the what we will do of balances.
Rgds,
MJ
Reply By Vishnu Dutt Gupta:
The Reply:
Awaited your valuable comments.
Reply By GOKARNESAN.S SUBRAMANIAN:
The Reply:
Sri Vishnu Dutt Gupta
According to me you are entitled to transfer the closing balance of credit declared in your June 2017 ER-1 return or ST-3 service tax return for the quarter ending June 2017 to the GST credit account on the following grounds:-
a) In 2015 Budget, the Finance Minister has stated in his Budget Speech that "the rate of duty for excise is fixed as 12.5% from 12.36% (12% basic + 2% Edu cess on Basic duty + 1% She Cess on Basic duty) since Education and SHE Cess have been subsumed in the basic rate of duty. Similarly for service tax from 12.36% to 14% .
b) Fur

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earned by the manufacturer during the period such credit was allowed. The Hon'ble Supreme Court has already held that "once the credit is taken during the period when the same is allowed to be taken, the Department cannot deny such credit subsequently when exemption is given.
e) Because of the Policy of Government that both Cesses have been subsumed with Basic Rate, one could not utilise the same . As such, the credit can be eligible for utilisation against basic duty.
f) Further, Government allows the credit of Edu cess / SHE Cess on goods received on or after 1.3.2015 and also allow the same to utilise against basic duty. This clearly proves the intention of Government that since both Cessess have been subsumed with Basic rate, the said credit of cessess have been allowed to be utilised for payment of basic duty. The same analogy is applicable to closing balance lying in ER-1 as on 1.3.2015.
g) Further, the Department has never insisted the manufacturers to reverse the cr

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ot; …the registered person shall not be allowed to take credit unless the said credit was admissible as Cenvat credit under the existing Law and is also admissible as input tax credit under this Act.
Further the Explanation says that "…..unavailed credit means the amount that remains after substracting the amount of credit already availed in respect of capital goods by the taxable person under the existing law from the aggregate amount of cenvat credit to which the said person was entitled in respect of the said capital goods under the existing law.
There is no doubt that "the Education Cess / SHE cess were allowed as eligible credit in terms of the provisions of Rule 3 of Cenvat Credit Rules, 2004 till June 2017. Since the Transitional Provision clearly says that "the credit was allowed under the existing Law", there is no problem in transferring such unavailed credit of Edu Cess and SHE cess along with basic credit.
I request the Expers to given their views

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GST to have minimal impact on CPI Index
GST
Dated:- 22-5-2017

Mumbai, May 22 (PTI) The Goods and Services Tax (GST) is likely to have minimal direct impact on the consumer price index (CPI) basket, a report said.
This is because most of the tax rates for the items in the CPI basket are likely to be taxed at a lower rate under the GST as compared to the existing levy, it said.
However, assuming that GST does have the intended effect of increasing tax compliance, the tax burden would increase. This could lead companies to pass the costs of higher tax compliance on to the consumer at a later stage, said the report by Morgan Stanley.
"The impact, if any, on underlying inflationary pressures is likely to be transitory. The

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Maharashtra Assembly passes State GST Bill
GST
Dated:- 22-5-2017

Mumbai, May 22 (PTI) The Maharashtra Assembly passed unanimously the State Goods and Services Tax (GST) Bill today, the last day of a special session of the state Legislature.
After the passage of the bill in the Lower House, Chief Minister Devendra Fadnavis thanked everyone for their cooperation.
"All political parties had unanimity over the GST Bill.
Today, this supreme House has unanimously passed this bill. I thank the House for this," Fadnavis said.
The three-day special session to discuss and ratify the bill, to pave the way for the national roll-out of GST on July 1, began on Saturday.
During the session, the Assembly passed three bills, inc

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GST RATES FOR LUBRICATING OIL & GREASE
Query (Issue) Started By: – GORAKHNATH KHARADE Dated:- 22-5-2017 Goods and Services Tax – GST
GST
Sir,
we are manufacturer of lubricating oil & grease currently in Excise chapter head no is 27101980 & 27101990 Respectively rate of Excise Duty is 14%
1. what will be SGST, CGST & IGST rate for our product and what will be billing structure.
2.01.07.2017 ONWARDS Commercial Invoice will countinue
Please Explain
Gorakhnath Kharade
9920200983

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What is impact of Exempted unit in Uttaa Khand
Query (Issue) Started By: – Swapneswar muduli Dated:- 22-5-2017 Last Reply Date:- 24-5-2017 Goods and Services Tax – GST
Got 2 Replies
GST
Dear Sir,
We are a manufacturer situated in utarakahand presently we are in Exempted from Excise as well as CST & VAT so don't take Cenvat credit and also don't charge the Excise in Sales Invoice.
But in GST how we will do our transaction whether we will Illegible for present Exemption or w

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Exporters to get tax refund under GST within 7 days: Nirmala
GST
Dated:- 20-5-2017

New Delhi, May 20 (PTI) Commerce Minister Nirmala Sitharaman today assured exporters that they would get their refund tax claims within seven days under the new goods and services tax (GST) regime.
She also said that the GST Council has been fairly seized of the tax refund issue under the new indirect tax regime, to be rolled out from July 1.
"On the refund, we are very very clear that 90 per cent of the advanced payed money (by exporters in the GST regime) will be refunded within 6 to 10 days, post which an interest of about 6 per cent will be given for any delay by the government to exporters," she told reporters here.
She said th

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exporters, as it would result in improving the product competitiveness in the global markets.
When asked about exporters' concern on rupee fluctuations, she said traders are fairly seized of this as "it is not a sudden fluctuation. Currency fluctuation has become a new normal".
"But, if there are extreme fluctuations, it is for the RBI to look at intervening just that much, so that, any extreme fluctuations are taken care of," she added.
On job creation, the minister informed that any proposal which goes to the Union Cabinet, "its (proposal's) implication on jobs, is something which the Prime Minister is very keen and we all are providing expected impact on direct and indirect employment of every such pr

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Service Tax on software
Query (Issue) Started By: – Parth Agarwal Dated:- 20-5-2017 Last Reply Date:- 20-5-2017 Goods and Services Tax – GST
Got 1 Reply
GST
In reference to topic: https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=6871&kw=service-tax-exemption-packaged-customized-software
packaged software is exempt from service tax. The software I sell is packaged and downloadable so no custom duty is applicable. Is that also true in case of GST? Is only 5% VA

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GST rate on Water supply projects-reg
Query (Issue) Started By: – N Balachandran Dated:- 20-5-2017 Last Reply Date:- 20-5-2017 Goods and Services Tax – GST
Got 2 Replies
GST
Sir,
Can u please confirm the rate of GST applicable on Sewage and Water pipe line works being executed for Municipal and Water supply and Sewage board>
Regards
N.Balachandran
Reply By Rama Krishana:
The Reply:
As per the exemption list as available after the conclusion of GST council meet dated 19-5-2017,

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