Author: admin_gst

ITC Credit time limit in MGL
Query (Issue) Started By: – Vishnu Dutt Gupta Dated:- 16-2-2017 Last Reply Date:- 27-7-2017 Goods and Services Tax – GST
Got 5 Replies
GST
Dear Sir/Mam,
As per Section 16 (15) of the MGL, ITC cannot be taken beyond the month of September of the following FY to which invoice pertains or date of filing of annual return, whichever is earlier.
Annual return to be filed in December then why this section says whichever is earlier. My understanding not clear on the said rule.
MK
TMTL
Reply By YAGAY AND SUN:
The Reply:
Things would be clear when the final GST law will come. Till then adopt the wait and watch policy.
Reply By KASTURI SETHI:
The Reply:
Sh.Gupta Ji,
It is Section 16(4) and not (15) as

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filed thereafter.
The purpose is not to allow credit on the above docs after finalisation of return for September or annual return.
Reply By Vishnu Dutt Gupta:
The Reply:
Thanks for your valuable reply sir, But I think it can be sufficient that ITC cannot be taken beyond of September of the following FY'. Sept always comes before December( due date of Annual return)
Rgds,
MK
TMTL
Reply By KASTURI SETHI:
The Reply:
Yes.Gupta Ji. Now as per Rule 12 (2a) CE Rules, 2002 due date for annual return is 30th Nov. of succeeding year. I have seen that some assessees prepare Balance Sheet by 30the Sept. every year and thus they would file annual return much prior to the due date. In that situation the term ,"which ever is earlier&quot

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GST Returns – Furnishing details of outward supplies
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 16-2-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
Returns-I
Section 32: Furnishing details of outward supplies
The proviso reads as follows:
(1) Every registered taxable person, other than an input service distributor, a nonresident taxable person and a person paying tax under the provisions of section 9, section 46 or section 56, shall furnish, electronically, in such form and manner as may be prescribed, the details of outward supplies of goods or services effected, during a tax period on or before the tenth day of the month succeeding the said tax period and such details shall be communicated to the recipient of the said supplies within the time and in the manner as may be prescribed:
PROVIDED that the Commissioner may, for valid and sufficient reasons, by notification, for such class of taxable persons as may be specified therein, extend the time

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tails under sub-section (1) for any tax period and which have remained unmatched under section 37 or section 38, shall, upon discovery of any error or omission therein, rectify such error or omission in the tax period during which such error or omission is noticed in such manner as may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission, in the return to be furnished for such tax period:
PROVIDED that no rectification of error or omission in respect of the details furnished under sub-section (1) shall be allowed after furnishing of the return under section 34 for the month of September following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier.
When compared to the old draft we would find that the following changes have been made in the revised draft:
1. Earlier only the ISD, person opting for composition scheme and person

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ng to a concern. Most of the assesses depends on the consultant for indirect tax compliance. In current regime the requirement for matching ITC is required at the time assessment due to mismatch between the output tax shown by the supplier and the input tax shown by the purchaser. But now in GST it is online which requires the purchaser to match input tax with output tax of the supplier on monthly basis which would require substantial time and coordination with the supplier if he has not shown the correct tax in his return or if he has not paid the tax then following up with him requesting to pay the tax to the government. Because unless he pays the tax purchaser will not get credit. These activity need sufficient time which i doubt that consultant would be able to do or the company would give authority to have them access to assesses books of account and supplier. Hence the assesse himself have to do the compliance internally.
Dated: 16-2-2017
Scholarly articles for knowledge sh

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Separate Units Ruled as Distinct Factories Under Central Excise Law; Common Management and Resources Deemed Irrelevant.
Case-Laws
Central Excise
Considering separate premises as single factory – All the units under reference are separate factories and are not the precincts nor the part of the same premises – The various factors such as common management common administration, common sharing of water, job work transactions amongst them, close relationship amongst the partners etc. includ

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GST – INTEREST ON REFUND OF PRE-DEPOSIT
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 15-2-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
SECTION 104 INTEREST ON REFUND OF PRE-DEPOSIT:-
This section pertains to refund on mandatory pre-deposit made at first appellate authority and tribunal. This section states that where an amount deposited by the appellant under sub-section (6) of section 98 or under sub-section (9) of section 101 is required to be refunded consequent to any order of the First Appellate Authority or of the Appellate Tribunal, as the case may be, interest at the rate specified under section 50 shall be payable in respect of such refund from the date of payment of the amount till the date of re

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application, the interest is to be paid to the assessee at prescribed rates from the date of receipt of such application till the date of refund of such duty. This provision created problem because the revenue authorities contend that no interest is payable as the refund is normally sanctioned within a period of 3 months from the date of receipt of refund application. It is also pertinent to mention that the amended section 35FF states that the amount of pre-deposit made prior to 06.08.2014 would be governed by old provisions. Moreover, it is also provided in section 179 of the Revised GST law that the pending refund claims are to be disposed of as per earlier laws. Hence, assessees may continue to face problems in claiming interest on ref

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GST – REVISIONAL POWERS OF CHIEF COMMISSIONER OR COMMISSIONER
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 14-2-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
SECTION 99 REVISIONAL POWERS OF CHIEF COMMISSIONER OR COMMISSIONER:- A new concept of revisionary power of Chief Commissioner or Commissioner has been proposed in the GST Law as compared to the provisions prevalent in present indirect taxation. The Chief Commissioner or the Commissioner have been given power to examine the record of any proceeding and he considers that the decision or order passed under this Act is erroneous or improper, he may stay the operation of the order after giving opportunity of hearing or may pass necessary order including enha

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whichever is later.
This parallel revisionary power apart from appellate remedy available to the revenue department will create confusion and chaos as revision is possible on points that are not subject matter of appeal. This will lead to undue advantage to the revenue department because departmental officers will have the option of revision in case the appeal cannot be filed due to monetary limit. This is for the reason that the monetary limits are only applicable for disputing matter in appeal. Not only this, the revisionary power will indirectly provide additional time to revenue department to review an order or decision apart from the time limit for filing appeal because the time limit for revision is three years from the date of orde

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DEMYSTIFYING SUPPLY AS PER REVISED MODEL GST LAW
By: – Chitresh Gupta
Goods and Services Tax – GST
Dated:- 13-2-2017

Article 366(12A) of the Constitutional (101st Amendment) Act, 2016 defines the Goods and Services tax (GST) as “a tax on supply of goods or services or both, except supply of alcoholic liquor for human consumption”. The term 'supply' is, however, not defined in the Constitution.
The concept of 'supply' is the key stone of the proposed GST architecture. In other words, supply is life blood of GST regime. GST is a multi-stage tax levied on supply of goods and / or services, collected at each stage of the production and distribution, in proportion to the value added by each taxable person in the chain of supply. In the GST regime, the entire value of supply of goods and / or services is proposed to be taxed in an integrated manner, unlike the existing indirect taxes, which are charged independently either on the manufacture or sale of goods, or on the provi

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0
A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in
goods to the buyer for a price. There may be a contract of sale between one part-owner and another. It may
be absolute or conditional.
Transfer
Merriam- Webster
* to give over the legal possession or ownership of
* to cause (something) to pass from one to another
* to cause to go or be taken from one place to another
* to shift possession of (something) from one person to another
Barter
Merriam- Webster
to trade by exchanging one commodity for another
Exchange
Transfer Of Property Act,1882
When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both
things being money only, the transaction is called an "exchange".
License
Merriam- Webster
* a permission granted by competent authority to engage in a business or occupation or in an activity otherwise unlawful
* a document, plate, or tag evid

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n 2(49): “goods'' means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply;
Section 2(92) : “services'' means anything other than goods;
Explanation 1 -Services include transactions in money but does not include money and securities;
Explanation 2 – Services does not include transaction in money other than an activity relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged.
It may be noted that the term 'service' has been defined in the wider sense as any transaction which is not goods, shall be services except money and securities.
Section 2(1): “actionable claim” shall have the meaning assigned to it in section 3 of the Transfer of Property

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recharge vouchers issued by service companies for enabling clients/consumers to avail services like mobile phone communication, satellite TV broadcasts, DTH broadcasts etc be 'actionable claims?
No. Such recharge vouchers do not create a 'beneficial interest' in a moveable property but only enable a person to enjoy a particular service.
Section 2(90) : Securities shall have meaning assigned to it in sub-section (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956).
Thus, activities that are in the nature of only transfer of title by way of sale, redemption, purchase or acquisition of securities on principal-to principal basis would not be liable to GST since excluded from the definition of 'goods' or 'services'.
However, the services of dealers, brokers or agents in relation to such transactions would be liable to GST. The activities which are not in the nature of transfer of title in securities (for example a person agreeing not to exercise h

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wever, for a draft or a payorder made by bank the service provided would be only to the extent of commission charged for the bank draft or pay order. The money received for the face value of such instrument would not be consideration for a service since to the extent of face value of the instrument it is only a transaction in money.
* Debt collection services or credit control services would not be considered as transaction in money since provided for a consideration and would be liable to GST.
made or agreed to be made for a consideration
One of the essential conditions for the supply of goods and/or services to fall within the ambit of GST is that a supply is made for a consideration. For GST purposes, consideration does not refer only to money. It covers anything which might be possibly done, given or made in exchange for something else.
For instance, it might be something exchanged in a barter arrangement, such as in a part exchange, or where a service is performed in return

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sideration.
* Advances forfeited for cancellation of an agreement to provide service could be treated as “monetary value of any act” and therefore, could be considered as consideration.
PROVIDED that a deposit, whether refundable or not, given in respect of the supply of goods or services shall not be considered as payment made for the supply unless the supplier applies the deposit as consideration for the supply;
Example: Donations to a charitable organization are not consideration unless charity is obligated to provide something in return e.g. display or advertise the name of the donor in a specified manner or such that it gives a desired advantage to the donor.
Examples of Non-monetary Consideration [para 2.2.4 of 'Taxation of Services -An Education Guide' dated 20-06-2016]
Non-monetary consideration essentially means compensation in kind such as the following:
♦ Supply of goods and services in return for provision of service
♦ Refraining or forbearing to do an a

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sed Model GST Act and includes an individual, Hindu undivided family, company, firm, LLP, AOP, BOI, local authority, government, trust, society etc.
Supply made In the course or furtherance of business
A transaction made in the course or furtherance of business, alone will be treated as a supply under GST. The term “in the course or furtherance of” has not been defined under the Model GST Law.
The term “in the course” means in the process or progress of. The term “furtherance” as understood in common parlance means the advancement of a scheme or interest, promotion, furthering, advancement, forwarding, improvement, development, betterment, stimulation.
There is no exhaustive definition or test for determining whether an activity is in the course or furtherance of business. Internationally, the business test has emerged through judicial decisions. Generally, whether an activity carried by a taxable person constitutes a business or not is determined by considering the whole of the a

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e it will be considered as 'import of service' in India provided place of supply of services is in India.
Further, it may be noted that importation of services is included within the meaning of 'supply' under CGST / SGST Acts. However, it would be liable to IGST since it would be an inter-state supply. In fact, section 2(30) of IGST Act has adopted the meaning of 'supply' from CGST Act.
It may be noted that Importation of services for personal use still continues to be considered as a supply thus if a person takes a career counseling from a foreign university for his daughter and pays the consideration for the same in foreign currency to such university, it will amount to importation of service and will be within the ambit of supply and GST will be charged on the same.
Importation of service without consideration will not tantamount to supply. Thus if A's brother who is in United States and is an architect , has send the designs for A's house out of love and affection and where ther

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, when made in the course or furtherance of business
Example:
* Inter Unit stock transfers from one State to another State.
* Transfer of goods from the unit in one state to its R&D centre in another state.
* Employees of Holding company sent on deputation to the associate companies.
Supply of goods by a Principal to his Agent or vice a versa
Example:
* Principal supplying goods to the agent for onwards sale in various parts of the country
* Agent procuring input for supplying to the factory of the Principal
TAXABILITY OF COMPOSITE OR MIXED SUPPLY [SECTION 3(5)]
The tax liability on a composite or a mixed supply shall be determined in the following manner –
Composite Supply : A composite supply comprising two or more supplies, one of which is a principal supply, shall be treated as a supply of such principal supply.
The term word composite supply has been defined in section 2(27)as under:
“composite supply” means
* a supply made by a taxable person to a recipient

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, chocolates, cakes, dry fruits, aerated drink and fruit juices when supplied for a single price is a mixed supply. Each of these items can be supplied separately and is not dependent on any other. It shall not be a mixed supply if these items are supplied separately.
Additionally Supply also consists of following schedules
* Schedule II- List of transactions to be classified as supply of goods or supply of service.
* Schedule III- list of activities or transactions which shall be treated neither as a supply of goods nor a supply of services
* Schedule IV- Activities or transactions undertaken by the central government, a state government or any local authority which shall be treated neither as a supply of goods nor a supply of services
Conclusion
Thus Supply is a very comprehensively defined under Revised GST Law. However the practical implications of the same is very farfetched and it is imperative for the professionals and industry to grasp the new concepts so as undertake

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Glimpse of Invoices Revised Model GST Law
By: – Ashish Mittal
Goods and Services Tax – GST
Dated:- 13-2-2017

Background:
The esteemed vision of Hon'ble Prime Minister to create a digital and paper less economy cannot be crystalize without the digitalization of documentation and removal of hurdle of hard document. With the aforementioned vision, targets are being set out and focus shifting towards digital economy which is clearly evident through its impact on current tax regimes via various modification in current tax laws. Keeping the same in mind great emphasis have been given in draft Model GST model Law (hereinafter referred to as “MGL”) while drafting various provisions relating to invoices under the CHAPTER- VII with four notified sections ranging from Section 28 to Section 31 read with separate set of rules and Performa of Invoices as revised on 25th November 2016 with suitable modification from the earlier draft by understanding the view of industry and suggesti

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upply
1
Supplying Taxable Goods
Yes
Yes
Yes
No
2
Supplying Taxable Services
Yes
Yes
Yes
No
3
Supplying Non-Taxable Goods
No
Yes
No
Yes
4
Supplying Non-Taxable Services
No
Yes
No
Yes
5
Paying Tax Under Sec. 9
No
Yes
No
Yes
For Content of Each Invoice Refer Infra mentioned content list.
Legal Content of Various Invoices:
Once the applicability for various invoices t different situation is determined now it is very much relevant for the legal support of the aforementioned tabulated content. In this regards following table of legal content have been inserted to summarize the same:
Statement showing Table summarizing Various legal content in respect to Issuance of Invoice under Sec. 28 read with Invoice Rules
S.No.
Registered Taxable Person involved in following type of Supply
Types of Invoice
When to issue Tax Invoice?
When to issue Bill of Supply
Revised Invoice
Supplementary Invoice
1
Supplying Taxable Goods
Before or at the time of
1. Remov

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ion to Certain Special category of services being notified, deeming provisions have been inserted to consider other documents as tax invoice (Discussed later in details) (Section 28(2))
Not Applicable
Can Issue if
1. Taxable Value
2. Tax Amount
is less than actual value of supply
3
Supplying Exempted Goods
Not Applicable
A bill of Supply shall be issued in lieu of Tax Invoice
No such document is required where value of supply is less than ₹ 100 unless the recipient require the same.
Not Applicable
Not Applicable
4
Supplying Exempted Services
Not Applicable
Not Applicable
Not Applicable
5
Composition Supplier Under Sec. 9
Not Applicable
Not Applicable
Not Applicable
For Content of Each Invoice Refer Infra mentioned content list.
Special Note 1: In Case of Supply of Service Invoice shall be issued in:
1. Normal Supply30 days/45 days in Banking Co./NBFC/Financial Institution from date of supply
2. Continuous Supplywithin 30 days of each event specified

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ecial Note-1 above)
3. For Completion of an eventbefore or after event is completed subject to 30/45 days limit (Refer Special Note-1 above)
4. Cancellation of Supply of Servicewhen supply ceases valued up to the cessation date
Note: CG/SG may specify continuous supply of service as deemed fit.
5
Goods sent or taken on approval or sale or return or similar terms
At or before time when supply occurrence took place
or
6 month from removal
whichever is earlier
Concept of Debit and Credit Note (Section-24):
A summarized table stating various question is comparison form in relation to debit and credit note have inserted herewith for quick reference to the issue and is various aspects:
Statement Showing All about Debit and Credit Note (Section-24)
Basis
Tax Invoice issued for Goods or Service and Taxable Value or Tax is in
Excess of Actual Supply
Deficient of Actual Supply
What Document to be Issued
Credit Note
Debit Note
Who Will Issue
Supplier
Supplier
To Whom

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GST” or “SUPPLY MEANT FOR EXPORT UNDER BOND WITHOUT PAYMENT OF IGST” shall be prominently mentioned on the invoice;
(iii) Name of the country of destination; and
(iv) Number and date of application for removal of goods for export [ARE-1].
(e) HSN code of goods or Accounting Code of services;
(f) Description of goods or services;
(g) Quantity in case of goods and unit or Unique Quantity Code thereof;
(h) Total value & taxable value (after discount and abatement) of goods or services;
(i) Rate and amount of tax (CGST, SGST or IGST);
(j) In interstate supplyplace of supply with state name
(K) Place of delivery where the same is different from the place of supply;
(l) Whether the tax is payable on reverse charge;
(m) The word “Revised Invoice” or “Supplementary Invoice”, at prominent place where
Applicable with date & invoice number of original invoice; and
(n) Signature or digital signature of the supplier or his authorized representative.
As Per Rule-3 Bill of

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tax credited
Or debited to the recipient
(g) Signature or digital signature of the supplier or his authorized representative.
(h) Nature of the document;
(i) If unregistered-then name, address of recipient & delivery address, state name and code;
(j) S.No. & date of the corresponding tax invoice or bill of supply
Note: 1. Revised Invoice can be issued if registration granted previous to issuance of RC
2. Consolidated Revised invoice for interstate supply up to ₹ 250 can be issued.
As Per Rule-5 Input Service Distributor (ISD) Invoice shall include following details:-
(a) Name, address and GSTIN/ Unique ID Number (recipient) of ISD & recipient of credit;
(b) A consecutive unique serial number of F.Y;
(c) Date of its issue;
(d) Amount of credit distributed;
(e) Name, address and GSTIN of supplier whose credit distributed
(f) Signature or digital signature of the supplier or his authorized representative.
For Banking Company, Financial Institution and

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GST — Migration of existing Central Excise and Service Tax assesses in GST — Setting up of GST Migration Seva Kendra
TRADE NOTICE No. 17/2016 Dated:- 13-2-2017 Trade Notice
GST
OFFICE OF THE COMMISSIONER OF CUSTOMS, CENTRAL EXCISE & SERVICE TAX
HYDERABAD-IV COMMISSIONERATE
POSNETT BHAVAN : TILAK ROAD : RAMKOTE : HYDERABAD-500001
C. No. IV/08/01/2016-Tech. Misc
Date. 13-02-2017
TRADE NOTICE No. 17/2016
Sub : GST – Migration of existing Central Excise and Service Tax assesses in GST – Setting up of GST Migration Seva Kendra – Regarding.
Attention of the members of trade, industry and all concerned is invited to the subject matter mentioned above.
As you are aware, GST is scheduled for rollout shortly. One of the prior

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GST REGISTRATION AND BRANCH TRANSFER
Query (Issue) Started By: – HImanshu Singh Dated:- 11-2-2017 Last Reply Date:- 15-2-2017 Goods and Services Tax – GST
Got 3 Replies
GST
Dear Sir, I have a technical query regarding GST Registration in relation to Government Organisation. A Government organization which is under the Control of Government of India. Head office of that organization is located in New Delhi and Manufacturing, marketing and distribution units are located all over India. Presently transfer of Goods by one unit to another unit not chargeable to VAT/CST as they are sister units and form "F" is issued against such supply.
However, while Migration of all factories to GST an issue came to know that head offic

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under single common PAN or Registration should be taken under separate PAN possessed by each units. Thanking You.
Reply By KASTURI SETHI:
The Reply:
PAN will remain the same.
Reply By YAGAY AND SUN:
The Reply:
For One State, only one GST Registration number would be provided. Further, it is optional to have a separate Registration Certificate under GST if there is a different Business Vertical. However, PAN shall remain the same.
Reply By Ganeshan Kalyani:
The Reply:
How you able to obtain separate PAN for branches. A company has one PAN and its branches are also suppose to posses same PAN. If PAN is different then it is not same company, it is different company. The transaction between such entity would be sale/purchase.
Discuss

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GST – Definition of Principal place of business, Proper Officer and Services
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 10-2-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
Definition of Principal place of business, Proper Officer and Services
Taking further to our discussion, we are continuing our discussion the definitions given under Section 2 of revised GST law and comparing the same with old model GST law to know the changes made in revised law:-
2(77) Principal place of business: the new definition reads as follows:
Principal place of business means the place of business specified as the principal place of business in the certificate of registration;
The old definition read as follows:
“principal

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nition, every registered premise would have to be classified as principal place of business inviting litigation. Deleting the condition of keeping books of accounts has made the definition simple to follow and now the assessee can name any of his premises as principal place of business. But there is no need to keep books of accounts there only. It can be kept at any place of business.
2(79) Proper Officer: the new definition reads as follows:
Proper Officer in relation to any function to be performed under this Act, means the officer of goods and services tax who is assigned that function by the Commissioner of CGST / SGST;
The old definition reads as follows:
“proper officer” in relation to any function to be performed under this Act,

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n money but does not include money and securities;
Explanation 2.- Services does not include transaction in money other than an activity relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged.
The old definition read as follows:
“services'' means anything other than goods; Explanation: Services include intangible property and actionable claim but does not include money.
The amendment bought in the definition is that Securities explicitly excluded from services definition. We have told in our earlier update that securities are excluded from the definition of "goods" under Section

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SERVICE OF NOTICE UNDER MODEL GST ACT
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 9-2-2017

In the course of time the GST Authorities may take various decisions, issued orders, issued summons, notice or other communications to the assessee or other required persons. The service of communication of any sort is to fulfill the requirements of principles of Natural Justice. Serving the same is not enough and the confirmation of receipt of the said communication should be ensured by the issuing authorities. Some sort of notices, orders, summons etc., to be issued or communicated by the proper officers under the provisions of this Act is discussed in this Article as below.
Cancellation or revocation of registration
Section 26 (4) of the Act provides that the proper officer shall not cancel the registration without giving a notice to show cause and without giving the person a reasonable opportunity of being heard.
Section 27 (3) provides that the pro

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behalf, refund on a provision basis, 90% of the total so claimed, excluding the amount of input tax credit provisionally accepted, in the manner and subject to the conditions, limitations and safeguards as may be prescribed and thereafter make an order for final settlement of the refund claim after the due verification of documents furnished by the applicant.
Section 48 (11) provides that where an order giving rise to a refund is the subject matter of an appeal or further proceeding or where any other proceeding under this Act is pending and the Commissioner is of the opinion that grant of such refund is likely to adversely affect the revenue in the said appeal or other proceeding on account of misfeasance or fraud committed, he may, after giving the taxable person an opportunity of being heard, withhold the refund till such time as he may determine.
Electronic Commerce
Section 56 (9) provides that any authority not below the rank of Joint Commissioner may serve a notice either befo

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date of communication of the order issued under Section 58(1), pass the final order after taking into account such information as may be required for finalizing the assessment.
Assessment of non filers of returns
Section 60 (1) provides that where a registered taxable person fails to furnish the return required under Section 34 or Section 40, even after the service of a notice under Section 41, the proper officer may proceed to assess the tax liability of the said person to the best of judgment taking into account all the relevant material which is available or which he has gathered and issue an assessment order within time limit specified in Section 67 (8).
Assessment of unregistered persons
Section 61 provides that notwithstanding anything to the contrary contained in Section 66 or Section 67 where a taxable person fails to obtain registration even though liable to do so, the proper officer may proceed to assess the tax liability of such taxable person to the best of his judgment

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paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilized input tax credit, requiring to show cause why he should not pay the amount specified in the notice along with interest payable thereon under Section 45 and a penalty leviable under the provisions of this Act or the rules made there under.
Section 66(7) provides that where the proper officer shall, after considering the representation, if any, made by the person chargeable with tax, determine the amount of tax, interest and a penalty equivalent to 10% of tax or ₹ 10,000/- whichever is higher, due from such person and issue an order.
Section 67 (1) provides that where any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilized by reason of fraud or willful mis-statement or suppression of facts to evade tax, the proper officer shall serve notice on the person chargeable with tax which has n

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redit of the Central or a State Government and which has not been so paid, the proper officer may serve on the person liable to pay such amount a notice requiring to show cause why the said amount as specified in the notice, should not be paid by him to the credit of the Central or a State Government and why a penalty equivalent to the amount specified in the notice should not be imposed on him under the provisions of this Act.
Section 69 (6) provides that the proper officer shall issue an order within one year from the date of issue of the notice.
Recovery of tax
Section 72 (c) (i) provides that the proper officer may, by a notice in writing, require any person from whom money is due or become due to such person or who holds or may subsequently hold money for or on account of such person, to pay to the credit of the Central or a State Government either forthwith upon the money becoming due or being held, or at or within the time specified in the notice not being before the money be

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rized by the competent authority in this behalf, shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry which such officer is making for any of the purposes of this Act.
Power to impose penalty in certain cases
Section 88 provides that where the proper officer is of the view that a person is liable o a penalty and the same is not covered under any proceeding under Sections 59, 60, 61, 62, 66, 67, 89 or 90, he may issue an order levying such penalty after giving a notice and after giving a reasonable opportunity of being heard to such person.
Confiscation of goods
Section 90 (4) provides that no order of confiscation of goods and/or conveyance and/or imposition of penalty shall be issued without serving a notice on such person requiring him to show cause and without giving the person a reasonable opportunity of being heard.
First appeal
Section 98 (11) provides that the order

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nce Ruling shall be sent to the applicant and to the prescribed officers.
Orders of the Appellate Authority
Section 119 (2) provides that the order shall be passed within a period of 90 days from the date of filing of appeal.
Service of notice
Section 159 of the Act provides that any decision, order, summons, notice or other communication under the Act or the rules made there under shall be served by any one of the following methods-
* by giving or tendering it directly or by a messenger including a courier-
* to the addressee; or
* the tax payer; or
* to his manager; or
* to agent duly authorized; or
* to an advocate or a tax practitioner holding authority to appear in the proceeding on behalf of the tax payer; or
* to a person regularly employed by him on connection with the business; or
* to any adult member of family residing with the tax payer; or
* by registered post or speed post or courier with acknowledgement due, to the person for whom it is intended or

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Cenvat credit on freight and insurance
Query (Issue) Started By: – RAM SHARMA Dated:- 8-2-2017 Last Reply Date:- 15-2-2017 Goods and Services Tax – GST
Got 6 Replies
GST
Dear Experts,
Whether a manufacturer can take cenvat credit on freight and commission given to our consignment agent in gst draft law just like as current service tax law. Pl clarify.
Thanks & Regards
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
GST law is not in final shape. Any change can occur. Please await till that time.
Reply By KASTURI SETHI:
The Reply:
Rightly advised by Sh.MARIAPPAN GOVINDARAJAN, Sir.
Reply By Ganeshan Kalyani:
The Reply:
I learned from reliable source that final draft would be made available to public by end of this month.
Re

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NATIONAL GOODS AND SERVICES TAX APPELLATE TRIBUNAL
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 8-2-2017

Section 2(9) of Model Goods and Services Tax Act, 2016 ('Act' for short) defines the phrase, 'Appellate Tribunal' as the National Goods and Services Tax Appellate Tribunal constituted under Section 100.
Appeal to the Appellate Tribunal in this act is the second stage of the appeal. Section 101(1) of the Act provides that any person aggrieved by an order passed against him Section 98 or Section 99 of the Act may appeal to the Appellate Tribunal against such order within three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal.

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sion or order passed under this Act by any officer subordinate to him is erroneous in so far as it is prejudicial to the interest of the revenue and is illegal or improper or has not taken into account certain material facts, whether available at the time of issuance of the said order or not or in consequence of an observation by the Comptroller and Auditor General of India, he may, if necessary, stay the operation of such decision or order for such period as he deems fit and after giving the person concerned an opportunity of being heard and after making such further inquiry as may be necessary, pass such order, as he thinks just and proper, including enhancing or modifying or annulling the said decision or order.
Section 100 provides for

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nditions and the manner of selection and appointment of the National President, Members (Judicial) and the Member (Technical-CGST) shall be such as may be prescribed by the Central Government on recommendations of the Council.
The qualifications, eligibility conditions and the manner of selection and appointment of State Presidents and the Member s (Technical – SGST) shall be such as may be prescribed by the State Government, on the recommendations of the Council.
The National President and the State Presidents shall exercise such powers and discharge such functions as may be prescribed on the recommendations of the Council. On ceasing to hold office, the National President, the State Presidents or other Members of the Appellate Tribunal

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Asst Accounts Manager
Query (Issue) Started By: – Banamali Das Dated:- 7-2-2017 Last Reply Date:- 11-2-2017 Goods and Services Tax – GST
Got 2 Replies
GST
Rate of Entry Tax, Vat, Quartly

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Goods and Services Tax Council (GST Council)
GST
Dated:- 7-2-2017

The Government is not thinking to hike service tax if GST roll out is delayed. The Government is taking steps to expedite the GST and to take the concerns of the States on board.
Goods and Services Tax Council (GST Council) has been constituted on 15.09.2016 under Article 279A of the Constitution. The GST Council consists of the Union Finance Minister, the Union Minister of State in charge of Revenue or Finance and

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GST / EXCISE
Query (Issue) Started By: – SUNIL NAMA Dated:- 7-2-2017 Last Reply Date:- 10-2-2017 Central Excise
Got 4 Replies
Central Excise
DEAR SIR ,
WE ARE ON THE VERGE OF STARTING A NEW UNIT IN MARCH 2017 – NOW SINCE GST IS AROUND THE CORNER , PLEASE ADVICE
1 } SHOULD WE TAKE NEW CENTRAL EXCISE REGISTRATION FOR NEW UNIT OR WAIT TILL GST COMES IN TOO TAKE CENVAT CREDIT OF NEW MACHINES COMING IN MARCH ?
2) OR SHOULD WE TAKE NEW EXCISE REGISTRATION AND TAKE CREDIT AND WAIT FO

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Applicability of GST
Query (Issue) Started By: – monika gupta Dated:- 7-2-2017 Last Reply Date:- 10-2-2017 Goods and Services Tax – GST
Got 4 Replies
GST
Whether GST will be applicable on educational trust?
Reply By KASTURI SETHI:
The Reply:
If trust is registered under Section 12 AA of the Income Tax Act, then exemption from GST is possible. Sometimes changes take place at the last moment.
Reply By YAGAY AND SUN:
The Reply:
Well, in our the tax position is not clear. The tax po

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Definitions of Accounts, Custom frontiers of India and non-taxable online recipient
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 7-2-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
Definitions of Accounts, Custom frontiers of India and non-taxable online recipient
Taking further to our discussion, we are continuing our discussion the definitions given under Section 2 of revised IGST law and comparing the same with old model GST law to know the changes made in revised law:-
Section 2(1) Accounts: the newly added definition reads as follows:
“Account means an account bearing interest to the depositor, and includes a non-resident external account and a non-resident ordinary account”
New definition of 'Account

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s follows:
means Government, a local authority, a governmental authority, an individual or any person not registered under section 23 19 of the CGST Act, 2017 receiving online information and database access or retrieval services in relation to any purpose other than commerce, industry or any other business or profession, located in taxable territory;
Explanation.-For the purposes of this clause, ―governmental authority‖ means an authority or a board or any other body:
(i) set up by an Act of Parliament or a State legislature; or
(ii) established by Government, with 90% or more participation by way of equity or control, to carry out any function entrusted to a municipality under article 243Wof the Constitution
This is a

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BUDGET 2017 –DOES IT FACILITATE GST
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 7-2-2017

Budget 2017-18 contains 3 major reforms. These are-
* Presentation of Budget advanced to 1st February to enable the Ministries to operationalise all activities from the commencement of the financial year.
* Merger of Railways Budget with General Budget to bring Railways to the centre stage of Government's Fiscal Policy, and
* Removal of plan and non-plan classification of expenditure to facilitate a holistic view of allocations for sectors and ministries.
After it was almost clear after 9th meeting of GST Council that GST may now be implemented from July, 2017 only, at the earliest, all eyes were on the Union Budget 2017-18 which has since been presented in the Parliament of India on 1st February, 2017.
Only time will tell us whether it is the last Budget for Service Tax, Central Excise and Central Sales Tax and that whether fiscal 2017-18 is going to be

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ation federations.
* GST likely to bring more taxes to Centre and States because widening of tax base.
* Not many changes in current central excise and Service Tax regime as these will be replaced soon by GST
* No change in tax rates of excise duty as well as service tax.
* Abolishment of R & D cess is in allignment with GST
The present Budget is focused on TEC, i.e., transform, energize and clean India which contains measures for stimulating growth, digital economy and ease of doing business. This agenda of TEC India seeks to –
* Transform the quality of governance and quality of life of our people;
* Energies various sections of society, especially the youth and the vulnerable, and enable them to unleash their true potential; and
* Clean the country from the evils of corruption, black money and non-transparent political funding.
It also seeks to facilitate RAPID, i.e., Revenue, Accountability, Probity, Information and Digitalization. There are number of clues on goods

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ence. Since the enactment of the Constitution (One Hundred and First Amendment) Act, 2016, the preparatory work for this path-breaking reform has been a top priority for the Government. In this context, several teams of officers both from the States and Central Board of Excise and Customs have been working tirelessly to give finishing touch to the Model GST law and rules and other details. Government on its part has promptly given effect to various provisions of the Constitutional Amendment Act, including constitution of the GST Council. Since then, the GST Council held 9 meetings to discuss various issues relating to GST, including broad contours of the GST rate structure, threshold exemption and parameters for composition scheme, details for compensation to States due to implementation of GST, examination of draft model GST law, draft IGST law and the Compensation Law and administrative mechanism for GST. It is my privilege to inform this august house that the GST Council has finalis

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Hope to take GST legislations to Parliament this session: FM
GST
Dated:- 4-2-2017

New Delhi, Feb 3 (PTI) Keen to rollout the Goods and Services Tax by July, the government plans to take the supporting legislations to Parliament next month, Finance Minister Arun Jaitley said today.
While the all-powerful GST Council has already decided on a four-slab tax structure for the indirect tax regime, the levy for different goods and services will be decided by May or June.
Jaitley said he hopes to get Central GST (CGST) and Integrated GST (IGST) draft legislations approved at the next GST Council meeting on February 18 and bring them in the second half of ongoing Budget Session. It will reconvene on March 9 after a month long break a

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o have to pass SGST or State Goods and Service Tax. Also, a GST Compensation Act needs to be approved by Parliament to provide for compensation to states that lose revenue from implementation of GST in first five years.
"One parallel exercise is fitment of various commodities in to the rate structure for that the officer have to meet," Jaitley said.
The GST Council has fixed the four-tier structure of 5 per cent, 12 per cent, 18 per cent and 28 percent.
Revenue Secretary Hasmukh Adhia said a good or service will be put in a slab which is closest to the current rate at taxes.
"As far as fitment of rate is concerned there are four slabs. The present incidence of VAT plus excise duty, or VAT plus service tax it whatever is t

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Definition of First and second stage dealer
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 4-2-2017

GST DAILY DOSE OF UPDATION
Definition of First Stage Dealer
Taking further to our discussion, we are continuing our discussion the definitions given under Section 2 of revised GST law and comparing the same with old model GST law to know the changes made in revised law:-
Section 2(46): First Stage Dealer: The new definition reads as follows:
First Stage Dealer means a dealer, who purchases the goods directly from,-
(i) the manufacturer under the cover of an invoice issued in terms of the provisions of Central Excise Rules, 2002 or from the depot of the said manufacturer, or from premises of the consignment agent

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stered importer. Prior to this amendment, no transitional provision was there in Model GST law for the dealers. As the cenvat credit of excise duty was not allowed to dealers, it would have also resulted in heavy burdening in terms of cost for them. The trade associations were demanding the transitional provision for the same. This is welcome step on behalf of the Government that they have adhered to the same.
But it is interesting to note that no mechanism has been prescribed to avail the cenvat for the dealers. They are maintaining RG 23 D register and there is clear cut balance of credit can be worked out for them. Even they need not to follow the FIFO method. They can clearly tell which inputs are lying with them and invoice relating t

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Tax Relief under GST
GST
Dated:- 3-2-2017

All decisions of GST Council so far have been taken unanimously. Various states may have different points of view on an issue but the final decisions have been unanimous.
The issue regarding treatment of the existing tax incentive schemes of the Central and State Governments was discussed during the 2nd Meeting of the GST Council held on 30th September, 2016 and the Council agreed that all entities exempted from payment of indirect tax und

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AUDIT UNDER MODEL ‘GST’ LAW
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 3-2-2017

A taxable person is required to furnish proper explanation to the officer in case any discrepancy is detected in the return filed under model GST law ('law' for short). Such information is required to be furnished within 30 days of being informed. Such date may be extended further by the officer if sufficient cause is shown. If a taxable person does not furnish the required information within the time specified or does not take corrective action within a reasonable period after accepting the discrepancies, the Proper Officer may take recourse to any of the following provisions-
* To proceed to conduct audit under Section 63 of the law;
* To direct the conduct of a special audit under Section 64 which is to be conducted by a Chartered Accountant or a Cost Accountant nominated for this purpose by the Commissioner; or
* To undertake procedures of inspection,

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audit. This section provides that the audit is required to be completed within three months from the date of commencement of audit. If the audit cannot be completed within three months from the date of 'commencement of audit' the Commissioner may, if he is satisfied, extend the period of audit for a further period not exceeding six months. The reasons for such extensions shall be reduced in writing. The term 'commencement of audit' is important because audit has to be completed within a given time frame in reference to the date of commencement. Commencement of audit means the later of the following-
* the date on which the records/accounts called for by the audit authorities are made available to them, or
* the actual institution of audit at the place of business of the taxpayer.
Section 63(5) provides that during the course of audit, the authorized officer may require the taxable person to afford him the necessary facility to verify the books of account or other documents as he

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ther proceedings before hi, any officer not below the rank of Deputy/Assistant Commissioner, having regard to the nature and complexity of the case and the interest of the revenue, is of the opinion that the value has not been correctly declared or the credit availed is not within the normal limits, he may, with the prior approval of the Commissioner, direct such taxable person by notice in writing to get his records including books of account examined and audited. The special audit shall be carried out by a Chartered Accountant or the Cost Accountant nominated by the Commissioner.
Section 64 (2) provides that the Chartered Accountant or Cost Accountant shall within the period of 90 days, submit a report of such audit duly signed and certified by him to the Deputy/Assistant Commissioner mentioning therein such other particulars as may be specified. The proper officer may extend the time limit of special audit by another ninety days on the application of the Chartered Accountant or Cos

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GST Council has finalised its recommendations on almost all the issues based on consensus, says Finance Minister in his Budget Speech
Budget
Dated:- 1-2-2017

GST Council has finalised its recommendations on almost all the issues based on consensus, says Finance Minister in his Budget Speech
Extensive reach-out efforts to trade & industry for GST to start from 1st April, 2017
The Union Minister for Finance and Corporate Affairs, Shri Arun Jaitley while presenting the General Budget 2017-18 in Parliament today said that the GST Council has finalised its recommendations on almost all the issues based on consensus after spirited debate and discussions. The Finance Minister said that the Government on its part has promptly given

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stem. He said that since the enactment of the Constitution (One Hundred and First Amendment) Act, 2016, there has been substantial progress on preparatory work towards ushering in GST which is by far the biggest tax reform since Independence. Several teams of officers both from the States and Central Board of Excise and Customs (CBEC)have been working to give finishing touch to the Model GST law, rules and other details, he added.
Shri Jaitley said that the Government, through the Central Board of Excise & Customs (CBEC) shall continue to strive to achieve the goal of implementation of GST as per schedule without compromising the spirit of co-operative federalism. He added that the implementation of GST is likely to bring more taxes both t

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EXEMPTION FROM GST
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 1-2-2017

In GST there is no separate meaning for goods or service. Supply is common for both of the goods and service. Section 3 defines the term 'supply'. The provisions of Finance Act, 1994 and Central Excise Act, 1944 and State Value Added Tax laws give powers to the respective Government to exempt any goods/service. The exemption may be full or partial; permanent or for a particular period. The Government may review the exemption given to such goods/services and do necessary action on exemption according to the situation requires.
Many a notification is being issued for exemption in respect of service tax as well as central excise duty by the CBE&C and also by the State Governments for their respective VAT. All exemptions under these Acts will come to an end on the introduction of GST regime.
The Model GST law and IGST law also provides for exemption from GST.
Section 2(44) of

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on providing such goods and/or services shall not pay the tax on such goods and/or services.
Section 11(2) provides that if the Central or a State Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendation of the Council, by special order in each case, exempt from payment of tax, under circumstances of an exceptional nature to be stated in such order, any goods and/or services on which tax is leviable.
Section 11(3) provides that the Central or a State Government may, if it considers necessary or expedient so to do for the purpose of clarifying the scope or application of any notification issued under Section 11(1) or order issued under Section 11(2), insert an explanation in such notification or order, as the case may be, by notification at any time within one year of issue of the notification under Section 11(1) or order under Section 11(2), and every such explanation shall have effect as if it had always been the part of the first s

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the Act gives powers to the Central Government to grant exempt generally either absolutely or subject to such conditions as may be specified in the notification, inter-state supply of goods and/or services of any specified description from the whole or any part of the tax leviable thereon. The Central Government is to satisfy that it is necessary in the public interest so to do and on the recommendations of the GST council. Where an exemption in respect of any goods and/or services from the whole of the tax leviable thereon has been granted absolutely, the taxable person providing such goods and/or services shall not pay the tax on such goods and/or services.
Section 6(3) provides that where the Central Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendation of the GST Council, by special order in each case, exempt from payment of tax, under circumstances of an exceptional nature to be stated in such order, any goods and/or services

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