Taxability of supply of services in certain cases – TRANSITIONAL PROVISIONS

Taxability of supply of services in certain cases – TRANSITIONAL PROVISIONS
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 7-1-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-XI
188. Taxability of supply of services in certain cases
This is a newly added section to provide for taxation for such instances of service provision where the point of taxation was occurring before the appointed day. It states that in cases where the point of taxation lies before the appointed day then the tax will be applicable as per the earlier law. In the old draft, this was non-existent and this has been added to bring more clarity in situations where point of taxation comes into play. Situations like

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has been stated that where the point of taxation lies before the appointed day in respect of supply of goods then tax will be payable on such supply in accordance with the earlier law.
191. Provision for transfer of unutilized Cenvat Credit by taxable person having centralized registration under the earlier law
Another section has been added keeping in view that many concerns have taken the centralized registration in respect of their units and were availing the cenvat at a single premise and were filing a consolidated return in respect of all such units. Now under GST regime, the registration is to be taken separately for each state. The old draft was silent on the treatment of cenvat balance which was lying with them but was pertaining

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TRANSITIONAL PROVISIONS-PART-IX

TRANSITIONAL PROVISIONS-PART-IX
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 6-1-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-IX
179. Pending refund claims to be disposed of under earlier law
This section provides for the treatment of such refund claims which have been filed before the appointed day in respect of any tax, amount of cenvat credit, duty, tax or interest paid before the appointed day. It provides that all such claims will be disposed off as according the rules laid down in the previous law itself and any refund accruing on such account shall be paid in cash only. Thus no cenvat will be granted against such refund.
Presently, the department is allowing the rebate

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ount of Cenvat credit where the balance of the said amount as on the appointed day has been carried forward under this Act
It is a clarificatory in nature to remove such interpretation of the law which would lead to availing of double benefits i.e. cenvat and refund both. It has been clarified that where any cenvat is carried forward in return, then no refund shall be granted of such cenvat.
We have seen that refund of unutilised credit under Rule 5 of Cenvat credit Rules prescribes the condition that the refund claim should be debited from the cenvat account before filing the claim. This provision has been incorporated recently. But earlier the amount was debited only after sanction of rebate claim so that exact amount is debited in the

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ointed day but for the transactions undertaken before the appointed date. In the old draft, there was no provision for such instances. It is obvious that the refund in respect of goods sold/exported or service provided/exported before the appointed day (majorly in the quarter of Jan-March) under rebate/refund claim will have to be filed after the appointed day. In absence of any specific provision in this regard, litigation could have happened. Thus addition of these provisions is a welcome step. In both the cases, refund claims will be dealt with in accordance of previous laws and refund if any, will be paid fully in cash.
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HOW WILL GST IMPACT PROVIDERS OF SERVICES (PART-II)(Supply Related Provisions)

HOW WILL GST IMPACT PROVIDERS OF SERVICES (PART-II)(Supply Related Provisions)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 6-1-2017

Meaning and Scope of Supply
'Supply' means:
* all forms of supply of goods and/or services made or agreed to be made for a consideration by a person in the course or furtherance of business,
* Importation of service for a consideration, and
* Services has been specified in schedule I, which shall be considered as a supply even if made without consideration.
The present taxable event under service tax is rendition of services which will no longer be relevant and only one event i.e., 'supply' needs to be tracked. Supply defined in an inclusive manner. Tax is on supply of service therefore even the supply, as prescribed in Schedule-I, is made without consideration is taxable. In the present scenario the service provided without consideration i.e., free service is not taxable.
Specific cases of Supply of

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nhancement, implementation of information technology software.
Hospitality
Supply of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration.
Job-work
Any treatment or process which is being applied to another person's goods.
Common for all Services
* renting of immovable property. i.e., telecommunication tower is immovable property for Telecom Sector etc.
* temporary transfer or permitting the use or enjoyment of any intellectual property right,
* agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act,[ Similar to section 66E(e) of the Finance Act, 1994]
* transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration.
Others
Where goods held or used for the purpos

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he present law, and therefore no new conditions are prescribed. However, place of supply rules would need to be evaluated on a case-to-case basis to determine the tax applicability on such services.
The default rule for place of supply for export of service shall be the location of the service recipient, where the address on record of the recipient exists with the exporter. Hence, it will be critical for exporters to ensure that the address of service recipient on record can be established before the authorities on request.
Time of Supply of Services
IGST shall be payable at the earliest of the following dates, namely:
* the date of issue of invoice by the supplier or the last date on which he is required to issue the invoice with respect to the supply, or
* the date on which the supplier receives the payment with respect to the supply.
Transactions between head office and branch offices located outside/inside India
Services provided to overseas branch would not be eligib

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supply to distinct person. Accordingly, IGST would be leviable on such supply.
Domestic / SEZ Supply
For units located in SEZ having operations across India and providing supply of services to customers located across India, the issue would arises as to where to pay GST, and whether this would require splitting of invoices based on various locations of the service provider or the service recipient.
For this purpose, the draft law has prescribed the requirement of determination of the location from where the services are provided and the place of supply of such services, so that GST may be paid to the appropriate government.
In the context of determination of the location from where services are provided, the draft law provides clarity by defining the term “location of supplier of service” and the place of supply of services is determined based on the “location of recipient of service”. With the assistance of these terms, the appropriate location for billing and the type of GST

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TN Govt asks traders to register in GSTN portal

TN Govt asks traders to register in GSTN portal
GST
Dated:- 6-1-2017

Chennai, Jan 5(PTI): With the Centre keen on implementing the ambitious Goods and Services Tax across the country, Tamil Nadu government today asked traders to register in the website created by the Goods and Services Tax Network (GSTN).
GSTN has set up www.gst.gov.in and those registered traders should register themselves in the portal, an official release from State government said.
A temporary registration na

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Tax refund to exporters under GST within seven days: Com Min

Tax refund to exporters under GST within seven days: Com Min
GST
Dated:- 6-1-2017

New Delhi, Jan 5 (PTI) The Department of Revenue has promised to refund tax claims of exporters within seven days under the new GST regime, thus addressing a major concern of the sector, Commerce and Industry Minister Nirmala Sitharaman said today.
The minister also said that exporters would get interest on the refund if it is delayed beyond two weeks.
Exporters have been demanding ab-initio exemption from payment of taxes under the Goods and Services Tax (GST) regime arguing that delay in refunds often takes months and also results in blocking the working capital. They also stated that exports need to be encouraged in view of the global slowdo

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will be provided. So since the regime is so structured, in order to see that there is minimum pain to the exporters, what the DoR has committed that 90 per cent of the refund will be made within seven days. Delays beyond that would invite interest payment," she said.
She said the remaining 10 per cent will be subject to whatever verification revenue department is required to do.
"This assurance satisfies the exporters," she added.
Revenue department will work on the details to ensure that exporters do not suffer because of delay in refund.
Teaotia said exporters will get interest if the refund is delayed beyond two weeks.
"The issue about interest payment, what that amount would be and whether it would kick in afte

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GST deadlock continues over high sea taxes;FM hopes resolution

GST deadlock continues over high sea taxes;FM hopes resolution
GST
Dated:- 5-1-2017

New Delhi, Jan 4 (PTI) Stalemate over GST continued with states hardening their positions on issues like territorial jurisdiction over high sea sales and control over tax assessees, even as Finance Minister Arun Jaitley hoped these matters would be resolved at the next GST Council meet.
While April 1 rollout schedule has long been ruled out, non-BJP ruled states put the new implementation schedule not before September. Jaitley was non-committal on the roll-out dates saying "we know the difficulty, we are moving against time".
The next meeting of the GST Council on January 16 would discuss the issue of jurisdiction over assessees as

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fishing business is concerned the Constitution provides for fishing rights to states in that area. Some states have been levying taxes in the nature of sales tax/VAT," he said
Jaitley said since states have been levying these taxes, they want to continue to levy them, but the contra argument is that high sea area strictly doesn't fall within the definition of state and as per Constitution is an Union Territory. This issue is currently before the Supreme Court.
"The case of states is we should be allowed to raise taxes. It is an issue on which Constitutional solution has to be followed and the solution has to be legally tenable… The issue is very close to resolution but we need a legal response to it, it has to be adequate

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LIABILITY TO PAY TAX IN CERTAIN CASES UNDER MODEL GST LAW

LIABILITY TO PAY TAX IN CERTAIN CASES UNDER MODEL GST LAW
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 5-1-2017

A taxable person is liable to register under the provisions of GST Act and pay the tax to the credit of either the Central Government or the State Government. Section 10 of the Model Goods and Services Tax Act, 2016 ('Act' for short) defines the term 'taxable person' as-
* A person who is registered or liable to be registered under Schedule V of the Act;
* A person who has obtained or is required to obtain more than one registration, whether in one State or more than one State, shall, in respect of each such registration, be treated as distinct persons for the purposes of this Act;
* An establishment of a person who has obtained or is required to obtain registration in a State, and any of his other establishments in another State shall be treated as establishments of distinct persons for the purposes of this Act.
Chapter XXIV of

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er manner whatsoever, the taxable person and the person to whom the business is transferred is jointly and severally be liable wholly or to the extent of such transfer to pay the tax, interest or any penalty due from the taxable person up to the time of such transfer but has remained unpaid or is determined thereafter.
The transferee of the said business is liable to pay the tax on the supply of goods and/or services by him with effect from the date of such transfer. He shall, if he is an existing taxable person apply within the prescribed time for amendment of his certificate of registration.
Liability of agent and principal
This sort of liability has been found in the amended Act and not found in the original model law. Section 128 provides that where an agent supplies or receives any taxable goods on behalf of his principal such agent and his principal shall be jointly and severally liable to pay the tax.
Liability in case of amalgamation/merger of companies
The liability of pa

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e of company in liquidation
If a company goes into liquidation either voluntarily or by Court the existence of the company will cease and the Liquidator will be appointed by the Court to take care of the company until the final dissolution of the company. Section 130 provides for the procedure in such a case for GST purpose as detailed below-
* Every person appointed as receiver of any assets of a company shall within 30 days after his appointment, give intimation of his appointment to the jurisdictional Commissioner;
* The Commissioner shall, after making such inquiry or calling for such information as he may deem fit, notify the liquidator within 3 months from the date on which he receives intimation of the appointment of the liquidator, the amount which in the opinion of the Commissioner would be sufficient to provide for any tax, interest or penalty which is then, or is likely thereafter to become, payable by the company;
* When any company is would up and any tax, interest

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ess he proves that the non recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company.
Section 131(2) provides the liability of a private company which is converted into a public company. Where the tax us due and cannot be recovered from such private company, then Section 131(1) shall not be applicable to any person who was a director of such private company in relation to any t ax due in respect of any supply of such private company.
Liability of partners of firm
Partnership firm is not a judicial person. It is having unlimited liability on the partners. The same is applicable to GST also. Section 132 provides that notwithstanding any contract to the contrary, where any firm is liable to pay any tax, interest or penalty, the firm and each of the partners of the firm shall jointly and severally be liable for such payment.
This section further makes an obligation on the part of the retiring partner. The ret

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self.
Liability of Court of Wards etc.,
Section 134 provides that where the estate or any portion of the estate of a taxable person owing a business for which any tax, interest or penalty is payable is under the control of the Court of Wards, the Administrator General, the Official Trustee or any receiver or manager appointed by or under any order of a court, the same shall be levied upon and recoverable from such Court of Wards etc.,
Liability in case of death of taxable person
Section 135 provides the recovery of tax from the person who survives a death person. Section 135 (1) provides that where a taxable person dies then-
* if the business is continued after his death by his legal representatives or any other person, they shall be liable to pay the dues to the Government;
* if the business is discontinued, whether before or after his death, his legal representative shall be liable to pay out of the estate of the deceased, to the extent to which the estate is capable ofmeet

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firm up to the time of dissolution whether such tax, interest or penalty has been determined before the dissolution but has remain unpaid or is determined after its dissolution.
Liability on termination of guardianship or trustee
Section 135(4) provides that where a taxable person is liable to pay tax, interest or penalty is the guardian or a ward or a trustee and if the guardianship or trustee is terminated, the ward or the beneficiary shall be liable to pay the dues whether such dues has been determined before the termination of guardianship or trust but has remained unpaid or is determined thereafter.
Liability on discontinuance of HUF/Firm/AOP
Section 136 (1) provides that where a taxable person is a firm or AOP or a HUF and the same has discontinued its business then the tax payable may be determined as if no such discontinuance had taken place. Every person who was at the time of such continuance, a partner of such firm or a member of AOP or HUF shall be liable jointly and s

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GST Migration for Excise assessees to start from 05/01/2017 and Service Tax assessees from 09/01/2017

GST Migration for Excise assessees to start from 05/01/2017 and Service Tax assessees from 09/01/2017
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 5-1-2017

Dear Professional Colleague,
GST Migration for Excise assessees to start from 05/01/2017 and Service Tax assessees from 09/01/2017
In series of events to witness the GST light of the day, enrolment of existing registrants in indirect taxes was made open for the assessees presently registered with State Tax or VAT in Puducherry, the first in the Country (along with Sikkim), from November 8, 2016. On the same day, GST System Portal 'www.gst.gov.in' (“GSTN Portal”) was launched by the Government of India.
Enrolment under GST means validating the data of existing taxpayers and filling up the remaining key fields. In this regard, the schedule of the GST enrolment plan (State-wise) was also provided by the Government. GST enrolment schedule has now been revised and the details have been made more precise along

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ific category of “new registration under VAT/Service Tax/Central Excise after August, 2016”, in the following manner:
Particulars
Start date
End date
New registration under VAT/Service Tax/Central Excise after August 2016
February 1, 2017
March 20, 2017
* Also, the percentage of assessees migrated till date (State-wise) has also been provided which shows highest GST enrolment in the state of Gujarat (i.e. 78.36%).
GST enrolment schedule:
The revised schedule of the enrolment activation drive for States is given below for ease reference:
State
Start Date
End Date
% Enrolled
Puducherry
08-11-2016
07-12-2016
41.02%
Sikkim
08-11-2016
07-12-2016
43.27%
Maharashtra
14-11-2016
07-12-2016
41.54%
Goa
14-11-2016
07-12-2016
46.40%
Daman and Diu
14-11-2016
07-12-2016
42.63%
Dadra and Nagar Haveli
14-11-2016
07-12-2016
24.96%
Chhattisgarh
14-11-2016
07-12-2016
74.49%
Gujarat
15-11-2016
07-12-2016
78.36%
Odisha
30-11-2016
15-12-2016
24.85%
Jharkhan

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7
15-01-2017
1.04%
Andhra Pradesh
01-01-2017
15-01-2017
1.86%
Enrolment of Taxpayers who are registered under Central Excise Act but not registered under State VAT
05-01-2017
31-01-2017
Not Yet Started
Enrolment of Taxpayers who are registered under Service Tax Act but not registered under State VAT
09-01-2017
31-01-2017
Not Yet Started
New registration under VAT/Service Tax/Central Excise after August 2016
01-02-2017
20-03-2017
Not Yet Started
Source: https://www.gst.gov.in/enrolplan
8th GST Council meeting begins on January 3, 2017: The Council will meet representatives of six crucial sectors
The GST Council has begun its crucial two-day meeting today in New Delhi, as it looks to find a middle path on sharing of administrative powers between the Centre and the States that is acceptable to both sides. The meeting will also look to finalize the Integrated GST bill. A consensus will help the Centre to table the supporting legislations in the budget session of the Pa

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TDS and TCS under revised GST Law

TDS and TCS under revised GST Law
By: – Sanjeev Singhal
Goods and Services Tax – GST
Dated:- 5-1-2017

In VAT Law there is provision of TDS in case of work contract in most of the Sates though in Service Tax there is no provision of TDS and TCS . Under Service Tax, it is directly or indirectly being governed by Reverse Tax Mechanism. But GST law has expressly provided the TDS and TCS provision under Section 46 and 56 respectively. Now, I will discuss the provisions .
Tax Deducted at Source [ Section – 46 ]
* Following person will deduct tax at source @ 1% on credit or payment made to supplier of goods and/or services.
* Department or establishment of Central or State Govt.
* Local authority
* Government agencies
*

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dit of TDS deducted in Electronic Cash Ledger .
If the deductor fail to deposit the amount to Govt. a/c will have to pay interest u/s 45
Refund to the deductor or deductee, as the case may be , shall be dealt according to Sec.48. No refund can be made, if the amount has been credited to electronic cash ledger of deductee.
Collection of Tax at Source [ S.56 ]
* Every electronic commerce operator not being agent, shall collect 1% of the net value of taxable supplies, where the consideration for such supplies is collected by operator.
” Net value of taxable supplies ” means aggregate taxable value of goods or services other than services notified in Section 8[4], made during any month by registered taxable person, reduced by aggregate

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upplier in his valid return or operator in his statement , the same shall be added to the output tax liability of supplier , if the supplies shown by operator is more than the supplier. And supplier shall be liable for interest as well .
Disclaimer :
The contents of this article are solely for information and knowledge and does not constitute any professional advice or recommendation. Author does not accept any liability for any loss or damage of any kind arising out of this information set out in the article and any action taken based thereon.
About the Author:
Author is practicing chartered accountant in Gurgaon and having specialization in Service Tax and Haryana VAT. He can be reached at sanjeev.singhal@skaca.in WWW. skaca.in

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APPLICABILITY OF GST

APPLICABILITY OF GST
Query (Issue) Started By: – sraVAN MAIDAM Dated:- 4-1-2017 Last Reply Date:- 9-1-2017 Goods and Services Tax – GST
Got 3 Replies
GST
1 ). WHETHER GST IS APPLICABLE TO PETROL BUNKS
2 ). WHETHER ONLY GST LIABLE GOODS SHALL BE TAKEN FOR KNOWING APPLICABILITY OF GST
Reply By Ganeshan Kalyani:
The Reply:
As of now it is outside the purview of GST.
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
Anything can be confirmed on the outcome of the final act on GST.
Repl

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GST deadlock continues over dual control, high sea taxes

GST deadlock continues over dual control, high sea taxes
GST
Dated:- 4-1-2017

New Delhi, Jan 4 (PTI) The deadlock over the Goods and Services Tax (GST) continued today with the Centre and states refusing to budge from their respective positions on issues like control of tax payers and taxing high sea trade, a stalemate that threatens to delay the rollout till September.
The two-day meeting of the all-powerful GST Council, the 8th in a row, made little headway in brokering a solution even as non-BJP ruled states saw September as more likely deadline for the rollout of the indirect tax regime.
The next meeting of the GST Council, headed by Union Finance Minister Arun Jaitley and comprising state representatives, on January 16

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ared in 60:40 ratio with the Centre, instead of the present 50:50 sharing.
"There are 4 different rates that have been fixed.
Highest bracket is 28 per cent and of this how much will be the Centre and state's share, nowhere in the law it defines and it seems to be taken for granted it is 50:50. Ever since the Independence in the Centre-state financial relation the imbalance has been growing wider and states' rights have been curtailed.
"That can be corrected by ensuring that state's share in GST will be 60 per cent. Many states also supported this.
The Centre did not respond to the demand but it was decided to be discussed later," he said.
Isaac said convergence has been growing between the Centre and states.

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Sensex rebounds on positive infra data; GST meet in focus

Sensex rebounds on positive infra data; GST meet in focus
GST
Dated:- 4-1-2017

Mumbai, Jan 3 (PTI) Reversing its previous day's losses, the Sensex today staged a comeback to end with a paltry gain of 48 points at 26,643, buoyed by pick-up in infrastructure sector in November coupled with firm global cues.
The overall recovery received some support from banking stocks which recouped their losses to an extent after being hit by profitability fears in the wake of lending rate cuts.
Core industries expanded but at a slower pace of 4.9 per cent in November than 6.6 per cent in October, which capped the upside.
After a higher opening, the Sensex advanced to hit the day's high of 26,724.40. But profit-booking later on made

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oosted domestic investor sentiment," said Karthikraj Lakshmanan, Senior Fund Manager Equities, BNP Paribas Mutual Fund.
A firming trend in Asia after higher Chinese manufacturing numbers and higher opening in Europe contributed to the positive sentiment.
PowerGrid led from the front, with a gain of 2.48 per cent, with Axis Bank notching up 1.90 per cent, Coal India 1.53 per cent, Cipla 1.46 per cent, GAIL 1.10 per cent and ICICI Bank 1.07 per cent.
Bharti Airtel ended with most losses, down 2.36 per cent, after it unveiled a free 4G data plan, followed by Hero MotoCorp 1.44 per cent and Tata Motors 1.23 per cent.
Consumer durables gained the most by rising 3.01 per cent followed by oil and gas (1.96 per cent). PSU rose 1.58 per cen

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GST: States demand tax on high sea sales, higher compensation

GST: States demand tax on high sea sales, higher compensation
GST
Dated:- 4-1-2017

New Delhi, Jan 3 (PTI) In fresh roadblocks to GST rollout, states today demanded taxation rights for sales in high seas and also increasing the number of items on which cess is to be levied to compensate the states to deal with revenue loss estimated at ₹ 90,000 crore post demonetisation.
Initially a ₹ 55,000 crore GST compensation fund was proposed to be created by levying cess on demerit or sin goods and luxury items, but post demonetisation the compensation amount is expected to go up to ₹ 90,000 crore as most states have seen revenue decline of up to 40 per cent, non-BJP ruled states claimed.
Also, coastal states pressed

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a, Kerala, Maharashtra, West Bengal and Odisha are charging VAT or sales tax within 12 nautical miles. For eg when a ship is loaded with oil or products, the tax on that is charged by the states.
"All the coastal states, irrespective of parties, combined in saying that we must have 12 nautical miles within the state jurisdiction. Whereas the draft IGST law was looking at having taxation rights with the Centre," West Bengal Finance Minister Amit Mitra told reporters.
The Day 1 of the panel meeting did not take up the contentious issue of control of assesses which had been till now holding up roll out of Goods and Services Tax (GST) regime. The issue would be discussed tomorrow.
While representatives of opposition-ruled states we

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DEMONETIZATION, GST AND WAY FORWARD

DEMONETIZATION, GST AND WAY FORWARD
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 4-1-2017

Why taxes are expected to be lowered
There is a general sentiment everywhere that India may witness a lower tax regime hence forth. This is the hope of citizens and businessmen as also being realized (off late) by the Government and tax administration.
In direct taxes, the percentage of people contributing by way of income tax and corporate taxes is negligible, given the population of earning population. The number of tax payers as well as their contribution is low. Tax to GDP ratio is hovering around 10 percent since last fifteen years whereas in the world, many developed nations have such ratio ranging between 17-

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in the system would bring more businesses in the main tax compliant stream
* As an effect of demonetization, black money transactions would reduce substantially and more transaction would into tax net
* With about ₹ 15 lakh crore of demonetized notes now with banks, bank interest would be subject to tax base and tax collections will rise
* Better tracking of transactions due to low cash with public / businesses at large and more electronic payments
* With GST in offing in new future, most of the transactions would come under tax less and parallel economy will significantly shrink.
* Indirect tax reforms would substantially contribute to tax revenues.
* Huge amount of extravagant expenditure is expected to come down leadin

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Section 175 – Inputs removed for job work and returned on or after the appointed day

Section 175 – Inputs removed for job work and returned on or after the appointed day
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 4-1-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-VIII
Section 175 – Inputs removed for job work and returned on or after the appointed day
This section intends to enable the receipt of goods sent on job work before the appointed day but received back after the appointed day. Like the previous sections the time limit has been kept at 6 months from the appointed date to receive back such goods without payment of duty. The provision reads as follows:
Where any inputs received in a factory had been removed as such or removed after being partially proce

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such without job work, then tax may become payable.
Apart from the above, 3 provisos from the old draft have been replaced to insert another proviso. The old provisos read as follows:
Provided further that tax shall be payable by the job worker if such inputs are liable to tax under this Act, and are returned after a period of six months or the extended period, as the case may be, from the appointed day:
Provided also that tax shall be payable by the manufacturer if such inputs are liable to tax under this Act, and are not returned within a period of six months or the extended period , as the case may be, from the appointed day.
This proviso lead to confusion that GST will be payable by job worker or manufacturer if goods are not retur

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credit Rules, 2004 then manufacturer has to reverse the cenvat credit taken on inputs and when the goods are returned after 180 days then credit is to be taken once again. These are very good provision.
The new proviso substituted reads as follows:
PROVIDED FURTHER that if such inputs are not returned within a period of six months or the extended period , as the case may be, from the appointed day the input tax credit shall be liable to be recovered in terms of section 184.
Thus now in event of non return of goods within the stipulated time, section 184 will come into play for the recovery of tax. The section reads as follows:
Where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the a

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Minutes of the 8th CST Council Meeting held on 3-4 January 2017

Minutes of the 8th CST Council Meeting held on 3-4 January 2017
8th CST Council Meeting Dated:- 4-1-2017 GST Council – Minutes
GST
Minutes of the 8th CST Council Meeting held on 3 – 4 January 2017
The eighth meeting of the GST Council (hereinafter referred to as 'the Council') was held on 3 and 4 January 2017 in Vigyan Bhawan, New Delhi under the Chairpersonship of the Hon'ble Union Finance Minister, Shri Arun Jaitley. The list of the Hon'ble Members of the Council who attended the meeting is at Annexure 1. The list of officers of the Centre, the States, the GST Council and the Goods and Services Tax Network (GSTN) who attended the meeting is at Annexure 2. The list of officers from the various Ministries/Departments of the Government of India and the trade representatives who made presentations before the Council is at Annexure 3.
2. The following agenda items were listed for discussion in the eighth meeting of the Council-
1. Brief presentation by represe

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ear the sectoral representatives of certain industries to understand their concerns. The Hon'ble Minister from Bihar recalled that in the last meeting of the Council, it was agreed that the  representatives of the Power sector would also be called, but they had not been invited for consultation, though electricity was a very important issuefor the public at large. He also suggested that instead of discussing sectoral issues, it would be better to first complete the task of formulating the Goods and Services Tax (GST) Laws. The Secretary to the Council (hereinafter referred to as 'Secretary') informed that the Power sector could be called in the next meeting of the Council, if the Council so agreed. He further stated that it would be better to hear the stakeholders while the law was being formulated in order to factor in their concerns while drafting the law. The Council agreed to this suggestion.
Discussion on Agenda Items
Agenda Item 1: Brief presentations by repres

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a banking related taxable transaction was inter-State or intra-State. She further stated that the banking services were expanding with increasing use of mobile and internet banking and approximately 3.5 crore transactions took place daily. By way of illustration, she stated that if a bank headquarter was located in Maharashtra, the customer was located in Delhi and the factory was situated in Gujarat, it would be a challenge as to how and when to tax such a transaction. She gave an example of an ATM transaction and pointed out that it would be difficult to establish on real time basis whether the customer belonged to the same State or another State, and it would considerably slow down the IT system. In order to address these challenges, she suggested that in GST, there should be one registration for a bank for its headquarters and only Integrated Goods and Services Tax (IGST) might be charged for all transactions. She observed that this would simplify compliance and would obviate the

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ficult to accept. The Hon'ble Minister from Tamil Nadu stated that for defining the place of supply, the banking sector was same as other sectors and that the tax had to flow on the basis of the destination of the final consumer. He stated that even if IGST was charged, the final consumer would need to be identified to enable transfer of tax to the destination State. He stated that if this could be done for IGST, it could also be done for CGST and SGST. He remarked that it was not correct to say that the complexity of an IT system would increase due to the nature of the tax being paid. He expressed that keeping in view the overall philosophy of GST, registration should be taken in every State.
4.1.3. The Hon'ble Minister from Karnataka observed that if apportionment of tax could be done to each State at the end of the month, it could also be done through SGST/ CGST route. The Secretary, DFS explained that a related problem was that one bank was spread over many States and the

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mers though large in number, were small in terms of revenue yield. He gave the example of complexity of a case where a customer of Bank A holding an account in Delhi went to Himachal Pradesh and drew money from an ATM of Bank B. In this case, Bank A would have to first determine whether the number of the transaction in the ATM (whether fifth or sixth) was such as to attract levy of GST and then to determine whether this tax should be charged as CGST and SGST or as IGST. He explained that determining this on real-time basis would be time-consuming and pose a problem for customers in terms of time taken to complete the transaction. He, therefore, suggested carrying out this task at the end of the month. The Hon'ble Minister from Tamil Nadu observed that this example seemed to pose the least challenge as the place of supply would be where the ATM was located. He observed that there would be complexity for GSTN if all taxes relating to banks were charged as IGST.
4.1.4. In the present

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rther stated that the rate of tax for government-sponsored insurance policies should be lower. Ms. Usha Sangwan, Managing Director, Life Insurance Corporation of India stated that the processes under GST should be simple and easy to monitor and suggested to have a single point of review of the system through a Management Information System (MIS). She stated that a centralized system at the backend could be used to ensure that the correct amount of tax reached every destination State. She also requested that iflife insurance had to be taxed under GST, the rate of tax should not be so high as to make it unaffordable for the middle class and suggested to charge tax at the merit rate. On a query from the Hon'ble Chairperson regarding the existing rate of tax in the Insurance sector, she informed that presently the tax rate for term insurance products was 15% and for other categories, after taking into account abatement, was 3%. The Hon'ble Minister from Tamil Nadu raised a question

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ion for the telecom operators was to be taken State-wise. He further pointed out that after the introduction of wireless telephony, allocation of spectrum was as per telecom circles and therefore, it would be difficult to make the telecom circles congruent with State-wise tax jurisdiction. He, therefore, suggested to have one registration under GST and also only one audit jurisdiction. The second issue that he raised was that voice call was seamless in nature and for a call made from Delhi to Goa, inputs were used from the exchange network of both Goa and Delhi and, therefore, pooling of ITC was essential. The third issue that he raised was that there were several instances of self-supply in telecom sector and these should not be taxed.
4.2.2. Shri Akshaya Moondra, CFO, Idea Cellular made a presentation on behalf of the industry. He pointed out that record-keeping, accounting, etc. were kept on circle-basis based on license conditions. He added that the spectrum allocations as well as

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ng States were also used leading to incurring of input cost without any corresponding output tax in the intervening circles. If tax had to be paid at each intermediate stage, this would lead to blockage of ITC in some circles.
4.2.3. Summing up, he made the following four requests for the consideration of the Council: (i) there should be no tax on self-supply of services between two registrants of the same entity in separate tax jurisdictions within the same circle as, for example, self-supply (B2B) from Maharashtra to Goa which were separate States, within the same legal entity and there should be no need for billing and GST compliance; (ii) in a B2B transaction, the place of supply for both recipient and supplier should be the place of the contractual billing; (iii) tax on prepaid vouchers should be charged at the first stage of invoicing to the distributor based on MRP (Maximum Retail Price) and that no tax be charged for subsequent transactions in relation to that voucher (this wa

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stion as to how a single registration would solve the issue of telecom circles not being co-terminus with the State boundaries. The CFO, Idea Cellular stated that the problem might not be fully solved and requests (i) and (ii) as stated above needed to be addressed but centralised registration would prevent litigation in allocating revenue State-wise as per return especially as one telecom circle spanned more than one State. In a Centralised Registration, the company would provide a State-wise revenue breakup of national level revenue reconciled with audited accounts and compliance could be ensured by a central assessing authority. This reconciliation would not be possible in a decentralised set-up. In a decentralised set up, given the nature of services and all-pervasive nature of networks, there would be different tax jurisdictions in a circle claiming that the revenue belonged to a particular State and it would result in litigation which was best avoided. The Hon'ble Chairperson

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cipient. Shri Deepak Garg, Head (GST), Reliance Jio pointed out that in case of a National Long Distance (NLD) licence for a call from Goa to Delhi, it might be disputed whether the location of service provider was in Goa from where the call originated or in Delhi, where the call terminated. Such disputes would be avoided in a single registration regime. The Hon'ble Deputy Chief Minister of Delhi observed that the issue relating to lack of congruence between the territory of telecom Circle and of State would require to be addressed. The Hon'ble Minister from Tamil Nadu observed that the issue seemed to be simple and complexity was being thrust upon it. He observed that the location of the service provider would be known through granular level invoicing without which billing could not be done. He further stated that in the Maharashtra-Goa example given earlier, if there was a single registration and the returns were filed centrally, then the telecom operator would not be able to

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ication clarified that they had provided broadband in all 506 blocks in Mizoram and in addition, dongle-based connectivity had also been provided. He stated that almost 97% of the population in Mizoram had internet connectivity. The Hon'ble Minister from Mizoram pointed out that broadband connectivity was not reliable and it needed improvement.
4.3. IT/ITeS
4.3.1. Ms. Aruna Sundararajan, Secretary, Ministry of Electronics and Information Technology made some broad points in relation to the IT sector. She stated that the growth of IT products and services was important for accelerating the growth rate of the country. She pointed out that IT products and services accounted for 10.6% of the Gross Domestic Product (GOP) of the country and created about 3.7 million direct and about 1 crore indirect jobs. She informed that India was also becoming a manufacturing hub for electronic hardware like mobile phones and that 40 mobile manufacturers and 30 component manufacturers have set up ma

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tional Association of Software and Services Companies) stated that the present GST design would pose serious challenges to the IT sector, especially complex place of supply rules and valuation rules. He suggested that the IT sector be given an option for single registration especially for companies with pan-India operation. He stated that this would help centralised billing and centralized contract for exports. He also stated that the intra-entity valuation should not be such so as to lead to accumulation of ITC or a refund situation. He stated that the IGST mechanism could be relied upon for filing return, etc. and for allocating tax revenues to the States. He further added that GSTN should be leveraged for revenue sharing between the Centre and the States and that the design of GST should promote ease of doing business. He also suggested that software should be classified as services, including for electronic download, and that software loaded on a tangible medium should attract the

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.3. The Hon'ble Minister from West Bengal raised a question as to what was 'intangible' from the perspective of GST. Shri P.Y. Srinivasan from Wipro explained that 'intangible' meant something that had no physical attribute and that the nature of business was such that it could be carried out from many locations. The Hon'ble Minister from West Bengal inquired whether there was any internationally benchmarked definition of 'intangible' as many countries had GST and how they had addressed the intangible nature of the sector. The representative from Wipro clarified that the world over, GST was mostly a central levy and Canada, which had a dual levy, had a harmonized Y AT like IGST. He explained that 'intangible' meant where input and output were not measurable and were fungible. He added that this led to a compliance challenge as to how to measure what was done at service-level from point to point. He stated that GSTN could address the revenue-shari

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Aviation stated that the Civil Aviation sector had reached parity with the Railway sector and was thus, no more a preserve of the rich and was a building block of the economy. He stated that air fares and the charges for AC 2-tier tickets were almost similar and that the number of passengers travelling in airlines was almost the same as the number of passengers travelling in the higher classes of railways, namely AC First Class, AC 2-tier and AC 3-tier. He stated that Aviation Turbine Fuel (ATF) being outside the ambit of GST and the entire ticketing system being under the purview of GST was a double whammy for the civil aviation sector. The Ministry raised the following issues for the consideration of the Council: (i) Aircraft ) leasing and aircraft import should not be subjected to taxation in GST as was the situation presently; (ii) To have a system of centralized registration as most aircrafts, engines, spare parts, cutlery and services moved inter-State very frequently and withou

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lways; (ii) Numerous problems of billing and raising invoices were likely to be faced, especially in case of inter-State movement for a pan-India organisation like the Indian Railways and this could be addressed by permitting centralized registration either at national level or at least at the Zonal Railway level; (iii) To either continue 70% abatement for taxes on passenger/freight services or to have a tax rate which was neutral in terms of its financial impact on railways (preferably in the range of 5% or 12%); (iv) Not to levy tax on inter-State movement of goods by Railways for self-consumption (captive consumption) as well as on movement of empty coaches/wagons; (v) To provide for some concession on works contract especially in the area of safety related works and projects of national importance (like Jammu & Kashmir and the North Eastern region) as well as provision of clear valuation principle for works contract; (vi) Permit transfer of ITC inter-State; (vii) To incentivise PPP

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goods to which the Member (Finance) responded that if required, they could tweak their system to meet the requirement of GST. He added that tweaking of the pan-India system of Railways would be a time consuming process and necessary preparatory time must be given.
4.6. Commerce and Industry
4.6.1. Shri Ramesh Abhishek, Secretary, Department of Industrial Policy and Promotion made a suggestion that in GST, leather and footwear should be taxed at 5% and cement should be taxed at 12%. Shri A.K. Bhalla, Director General, Directorate General of Foreign Trade (DGFT) stated that export competitiveness was the core issue. He stated that the proposed GST system mandated that even though exports were zero rated, all duties must be paid at the time of purchase of inputs needed for manufacturing of an export product only to be refunded after actual exports. He added that since normal lead time starting from the sourcing of raw material to export ranged from six months to one year, the model to f

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ic Tariff Area to Export Oriented Units (EOU)I Software Technology Parks of India (STPI)I Mega Power Projects and World Bank funded projects would also get reduced. He further added that on the Services side, services under Mode 2 of GATS (General Agreement on Trade and Services) such as health, tourism, etc. contributed significant amount of foreign exchange and therefore, they should be taxed at a moderate rate under GST.
4.6.2. Shri Alok Vardhan Chaturvedi, Additional Secretary, Department of Commerce mentioned that Special Economic Zone (SEZ) was treated as outside the Customs territory of India and the GST design of paying IGST on supplies to SEZ and then claiming refund would block substantial working capital. He added that as SEZ was like a bonded area, any supplies to it from the domestic tariff area or a supply from one SEZ to another should be ab initio exempt from tax. He also highlighted the importance of the plantation sector for job creation and stated that tea and coffe

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t sectors depending on the production cycle, but there was no logic to collect tax on supplies, which were zero-rated.
Agenda Item 2: Confirmation of the Minutes of the 7th GST Council Meeting held on 22-23 December, 2016:
5. After the presentations by the various sectors, the Hon'ble Chairperson invited comments of the Members on the draft Minutes of the ih Council Meeting (hereinafter called the 'Minutes') held on 22 and 23 December 2016 before the confirmation of the same. The Members suggested the following amendments to the draft Minutes.
5.1. The Secretary informed that a request had been received from the Government of Odisha to amend the version of the Hon'ble Minister from Odisha recorded in the third and the fourth sentence of paragraph 13 of the Minutes with the following version – 'He added that while the Central Government had enhanced the Clean Environment Cess to Rs. 400 per tonne in 2016-17, this cess was not being shared with the coal-bearing Sta

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year for these five years and that no credit should be allowed thereafter, so that there were no adverse financial implications on the revenue of the State.' The Council agreed to make this change in the version of the Hon'ble Deputy Chief Minister of Gujarat.
5.3. The Hon'ble Minister from Maharashtra stated that in paragraph 14 of the Minutes, the presently recorded version namely 'The Hon'ble Minister from Maharashtra suggested to add Local Body Tax (LBT) in the base year revenue' should be replaced by the following version – 'The Hon'ble Minister from Maharashtra stated that in view of abolition of the Local Body Tax (LBT), the following explanation should be added at the end of Section 5 of the draft GST Compensation Law; 'Explanation – For the purpose of clause C above, the term 'Revenue Collected' shall mean the amount of tax leviable under the erstwhile Entry 52 of List II of the Seventh Schedule to the Constitution prior to bringin

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Hon'ble Minister from Maharashtra also pointed out that in the ih Meeting of the Council, he had suggested that even if the amount available in the GST Compensation Fund was not sufficient to pay compensation, the States shall be paid compensation within the five-year period and that levy of cess might be extended beyond five years to recover the shortfall. He stated that this was not clearly recorded in the last sentence of paragraph 14 of the Minutes and requested to replace the last sentence with the following version: 'He also suggested that even if the amount available in the GST Compensation Fund was not sufficient to pay compensation, the States shall be paid compensation within the five-year period and that levy of cess might be extended beyond five years to recover the shortfall'. The Council agreed to modify the version of the Hon'ble Minister as proposed.
5.6. The Hon'ble Minister from Karnataka stated that his version recorded in paragraph 7(xxxviii) o

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h 8(i) namely, 'The Hon'ble Minister from Karnataka suggested not to call these products as agricultural products and instead give them specific exemption from tax' should be replaced with the following version 'The Hon'ble Minister from Karnataka suggested not to call these products as agricultural products persons involved in production of these products as agriculturists and instead give them specific exemption from tax'. The Council agreed to change the version of the Hon'ble Minister as suggested.
5.8. The Hon'ble Minister from Tamil Nadu recalled that in the last meeting, he had suggested to specifically reflect ITC adjustment and ITC reversal in the GST Compensation Law as Section 5(1)(h) and in response, it was clarified (as recorded in paragraph 20 of the Minutes) that the spread sheet containing details of fTC adjustment and ITC reversal was not meant to be added to the revenue collected as it was already decided in the Council that for compen

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the ITC reversal would be counted as part of the net revenue of the States, the net revenue of States would also include ITC reversal. He stated that if the amount of ITC reversal was again added to the base year revenue in Section 5 of the GST Compensation Law, then, this would result in double-counting of the amount representing ITC reversal.
6. In view of the above discussions, for Agenda item 2, the Council decided to adopt the Minutes of the 7th meeting of the Council with the changes as recorded below.
6.1. To amend the version of the Hon'ble Minister from Odisha recorded in the third and the fourth sentence of paragraph 13 of the Minutes with the following version – 'He added that while the Central Government had enhanced the Clean Environment Cess to Rs. 400 per tonne in 2016-17, this cess was not being shared with the coal-bearing States. He further suggested that the Clean Environment Cess should be renamed as 'Environment and Rehabilitation Cess' and at lea

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Minister from Maharashtra suggested to add Local Body Tax (LBT) in the base year revenue' with the following version – 'The Hon'ble Minister from Maharashtra stated that in view of abolition of the Local Body Tax (LBT), the following explanation should be added at the end of Section 5 of the draft GST Compensation Law; Explanation – For the purpose of clause C above, the term Revenue Collected shall mean the amount of tax leviable under the erstwhile Entry 52 of List II of the Seventh Schedule to the Constitution prior to bringing into effect the provisions of the Constitution (One Hundred and First Amendment) Act, 2016 that could have been collected in the Base Year had the same not been discontinued either fully or partially, during the course of the year.'
6.4. To replace the version of the Hon'ble Minister from Maharashtra in paragraph 14 of the Minutes, presently recorded as 'The Hon'ble Minister suggested to release compensation on the basis of self-

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by bringing Schedule IV in a notification, one advantage of keeping these exemptions in the Law was that the suppliers of Government services would not be required to take registration if they were also making small quantum of taxable supply' with the following version – 'The Hon'ble Minister for Karnataka stated that while he agreed with the flexibility principle by bringing Schedule IV in a notification, one advantage of keeping these items as neither supply of goods nor of services was that the suppliers of Government services would not be required to take registration if they were also making small quantum of taxable supply'.
6.7. To replace the version of the Hon'ble Minister from Karnataka recorded in paragraph 8(i) as 'The Hon'ble Minister from Karnataka suggested not to call these products as agricultural products and instead give them specific exemption from tax' with the following version – 'The Hon'ble Minister from Karnataka suggest

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e responsibility for policing up to twelve nautical miles from the coastline. He pointed out that even if coastal waters were not part of the territory of the coastal States, the policing responsibility had been entrusted to such States. He suggested that a similar approach could be followed for SGST namely, not to include territorial waters as part of the definition of 'State' but treat it as part of State for the administration of SGST. He pointed out that if territorial waters were treated as Union Territory, then, the indirect tax revenues accruing from transactions in the territorial waters would go into the Centre's pool and would not be available even for devolution to the States. He further stated that for the purposes of fishing, territorial waters along the coastline were treated as part of the State. The Hon'ble Minister from Kerala stated that VAT on ship bunkering was an important source of revenue for his State and it could not be given up in the GST regim

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maintained in the GST regime. He pointed out that the important activities presently taxed by the States in the adjoining coastal waters included: (i) Bunkering to the ships and dredgers; (ii) Supply to the ships, including cruise ships; and (iii) Supply of used oil from the ship. He also pointed out that the Centre never imposed VAT in the territorial waters as it had done in the Union Territories without Legislature and if the States did not have the power to levy VAT, the Centre would have certainly intervened earlier. He further pointed out that the coastal States had made considerable investment in development of ports, related logistics and other infrastructure such as roads, railways, power supply and environmental conservation measures. He also referred to certain judgements of High Courts and the Supreme Court which held that territorial waters were part of the State. He pointed out that in the case of A.M.S.S.V.M. and Co. vs. The State of Madras (in Order dated 24th February

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ion Home Ministry under which States had been authorized to carry out patrolling up to twelve nautical miles and pointed out that the States also enjoyed powers to carry out fishing within the territorial waters. He cautioned that the Centre could not encroach upon the power of the States. The Hon'ble Minister from Tamil Nadu stated that sales carried out in the territorial waters adjoining coastal States could be charged to V AT only if the territorial waters became part of the coastal State. He observed that without such an understanding, SGST could not be levied and this would adversely affect the revenue of the State. The Hon'ble Minister from Kerala pointed out that under Article 297 of the Constitution, all lands, minerals, etc. underlying the ocean within the territorial waters vested in the Union of India but GST applied to the activity of trade in the territorial waters and for this purpose, State should be defined to include territorial waters. The Hon'ble Ministe

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ed to certain judgements. He stated that Article 1 of the Constitution read with Schedule 1 defined the territories of a State but not its boundaries. He added that Entry 56 in List II of Schedule 7 of the Constitution referred to the States' power to levy taxes on goods and passengers carried on inland waterways but was silent about territorial waters and that what was not mentioned in List II would automatically go to List I of Schedule 7 of the Constitution by virtue of residuary Entry 97 of List I. He further stated that there was a logic in the argument presented by the States that they should share the administration of GST in the territorial waters as the Centre did not collect VAT in the territorial waters, but the conceptual difficulty was that a definition in law could not be contrary to what was provided in the Constitution. He explained that the meaning of Entry 57 in List I of Schedule 7 was that the Union of India could fish beyond twelve nautical miles and this impli

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onstitution, it appeared to be a Union Territory. He said that it might not be advisable to define State in a law in a way different from the  definition of State given in the Constitution. He cautioned that if the power to levy SGST within the territorial water was given to the States under law, there was a risk that the law might get struck down as unconstitutional. The Hon'ble Minister from Maharashtra stated that there were judgments of the Court that the power to levy V AT within the territorial water lay with the States. The CCT Gujarat stated that in view of the judgements mentioned in his presentation, the affidavit filed by the Union of India in the Supreme Court in the case of Great Eastern Shipping Co. Ltd. vs. the State of Karnataka needed re-examination. He further pointed out that the State of Gujarat recovered about Rs. 1200 crore as VAT for transaction within the territorial water and they would lose considerable revenue if States were denied the power of taxat

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tion in the territorial water like law and order, fishing, etc. He observed that if the Central Government kept to itself the administration of GST in the territorial water, it would amount to territorial expansion by the Centre. The Hon'ble Minister from West Bengal observed that their State had a coastline of 920 kilometres and it was important that SGST in the territorial waters should be collected by the State. He stated that in addition to the case laws mentioned in the presentation by the CCT Gujarat, there was an additional judgement of the High Court of Madras in the case of Madras Marine & Co. vs State of Madras wherein it was held that sales to ship within the territorial water was sale within the State and it was not to be considered as export as the sale was for consumption aboard the ship. He added that presently sale in the territorial waters was under VAT and no contrary view was acceptable to them.
7.6. Shri Udai Singh Kumawat, Joint Secretary, Department of Revenu

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arginal belt and that the Federal Government rather than the State had paramount rights over that belt. He further mentioned that in another case the Supreme Court of Canada dismissed the contention of British Columbia, one of the States of Canada, that the territorial waters belonged to it and held that the territorial waters belonged to the Union as sovereignty was based on International Law. The Hon'ble Minister from Tamil Nadu responded that the judgement in the Raj Shipping case was relating to the State of Travancore, which upon accession to India, demanded rights over 12 nautical miles and that this judgement applied to States acceding to the Union of India.
7.7. The Hon'ble Minister from Kerala observed that the States had been administering VAT in the territorial waters till now and they could not be ousted from their jurisdiction in the GST regime. The Hori'ble Chief Minister of Puducherry observed that the States exercised powers under the law to sort out disputes b

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ates and the second judgement followed the first one. He stated that the judgement in the case of Great Eastern Shipping Co. relied upon the fisheries case to say that it applied to it and the Union of India had objected to this decision. He further observed that as the power to levy VAT was never vested with the Union, the State Governments made legislation to administer VAT in the coastal waters and the practice thus continued. He added that now, in view of the definition of Union Territory in Article 366(30) of the Constitution, it needed to be considered carefully whether States could be given power to impose GST in a territory which was constitutionally a Union Territory. The Hon'ble Minister from Tamil Nadu stated that as States were allowed to collect VAT earlier, they should also be allowed to collect SGST in the spirit of cooperative federalism, The Hon'ble Minister from Karnataka stated that by an administrative arrangement, territorial waters could still remain a Uni

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were asked to supplement the security in the territorial waters though this task was basically entrusted to the Coast Guard. He stated that this matter was very sensitive and if territorial waters were declared as State territory, then maintenance of law and order in the territorial waters would become a State responsibility which had serious security implications. He stated that the Government of India had taken a stand in the case of Great Eastern Shipping Co. that territorial waters were Union Territory and it could be examined further as to what could be the legal methodology to legalize State jurisdiction to impose tax in the territorial waters though it did not belong to them. The Hon'ble Minister from Karnataka stated that this could be achieved by deeming supplies in territorial waters as intra-State and reminded that a similar deeming arrangement had been made for SEZs. The Hon'ble Minister from Tamil Nadu stated that such an arrangement for territorial waters would n

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al areas and fishermen's livelihood came from fishing within the twelve nautical miles of the territorial waters. He observed that his State had also been involved in coastal policing and collecting tax and this power could not be taken away. He requested the Hon'ble Chairperson to suggest a formulation which, without affecting the legal position of territorial waters, gave power to the States to levy SGST. The Hon'ble Chairperson observed that taxation power of States within twelve nautical miles of territorial waters was somewhat fluid and uncertain despite certain judgements discussed earlier and presently, the Union of India had filed an affidavit in the Supreme Court in the case of Great Eastern Shipping Company Ltd disputing the jurisdiction of States to levy V AT in the territorial waters. He stated that this issue would need to be further discussed with the Union Law Ministry in order to find a legally sustainable solution. He noted that there was already one sugges

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remain with the Central Government. The Secretary added that the definition of State under Article 366(26B) did not appear to exclude Union Territories without Legislature.
9. Section 2(5) (Definition of “export of goods''): In respect of the definition of 'export of goods', the Hon'ble Minister from West Bengal suggested to replace the phrase 'taking goods out of India' with the phrase 'supplying goods out of India'. He explained that this would be a more correct formulation technically as 'taking goods out' would also apply to tourists taking goods out of India which was not the meaning of export. Shri Upender Gupta, Commissioner (GST Policy Wing), Central Board of Excise and Customs (CBEC) clarified that this definition was taken from the Customs Act, 1962 which had stood the test of time and for the sake of uniformity, it would not be desirable to change the definition. He further clarified that Section 20 of the draft IGST Act also cont

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'situated outside the State'. He stated that the area of a State in which SEZ was located was specified in the first Schedule of the Constitution and the States could not be bifurcated without following the procedure specified in Article 3 of the Constitution. He added that presently, sale made to SEZ units or developers was considered as zero-rated or exempted sale under the VAT Acts but it was not treated as a territory outside the State or a Customs frontier under Article 286 of the Constitution. The Secretary clarified that no sovereignty was being granted to SEZ and it was only proposed that supplies by SEZ would be treated as inter-state supplies. The CCT, Tamil Nadu observed that the existing formulation would lead to sales to the domestic tariff area (DTA) within the State also being treated as inter-State sales. He added that all other State laws like labour laws, etc. applied to SEZ. The Hon'ble Minister from West Bengal observed that such a provision was a devia

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nd SGST. He therefore suggested that in this provision, a link should be established to the applied rate of CGST and SGST. The Commissioner (GST Policy Wing), CBEC observed that the sum total of CGST and SOST rates might vary if a band of SGST rates was operated by some State in future. The Hon'ble Minister from Tamil Nadu raised a question as to whether States had the authority to have a different rate of tax. The Secretary stated that a band of rate could be permitted for a State only if the Council agreed to it.
12.2. Section 5(1) (Levy and collection of Integrated Goods and Services Tax): The Hon'ble Minister from Haryana suggested that the cap on the rate of IGST should be increased from 28% to 40% as it had already been agreed in the 5th meeting of the Council held on 2-3 December 2016 that the cap of rate for CGST and SGST under Section 8(1) of the Model OST Law would be increased from 14% to 20%. He suggested that in the alternative, it could be provided that the GST C

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of five years, the provision could be amended to the effect that cap of 40% shall apply for goods other than demerit goods. The Secretary stated that the issue of charging tax or cess on 'sin' goods could be revisited at a later date. He also explained that the formulation suggested by the Hon'ble Minister from Haryana would require a separate definition of 'sin' goods and other consequential changes which would not be desirable. After discussion, the Council agreed to amend Section 5(1) by substituting the rate of 28% with 40%.
13. Section 5(3) (Levy and collection of Integrated Goods and Services Tax): The Hon'ble Deputy Chief Minister of Delhi observed that the second proviso to this section appeared to bring electronic commerce operators under the tax net, which had not been the practice till now. The Commissioner (GST Policy Wing), CBEC clarified that this provision was essentially for suppliers of services from abroad. The Hon'ble Deputy Chief Minist

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state in the law itself that all exemptions shall apply under all the three laws, i.e. CGST, SGST and IGST. The Secretary observed that such uniformity would be maintained in view of the fact that all notifications were to be issued after the approval of the Council.
15. Section 14 (Transfer of input tax credit): The Hon'ble Minister from West Bengal suggested that in Section 14(1) and Section 14(2), the phrase 'in the manner and time as may be prescribed' should be replaced by the phrase 'on the first day of the month following the month in which the return is filed'. He explained that this would ensure that fund-flow to the destination State was credited on the first day of the month following the month in which the return was filed and that there was no scope for discretion in the matter. The Secretary stated that this could be provided for in the relevant Rules. The Hon'ble Minister from Jammu & Kashmir stated that GSTN was only a banking mechanism and the

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he provision would be much more in the Rules rather than in the law. The CEO, GSTN added that if, for some reason, the time period for return-filing was extended, it could create serious legal complications.
16. Section 15(7) (Apportionment of tax collected under the Act and settlement of funds): The Hon'ble Chief Minister of Puducherry stated that he had addressed a letter dated 7 December 2016 to the Hon'ble Chairperson pointing out that in the second proviso to Section 15(7) of the Draft I GST Law, it was proposed to apportion the balance amount relating to cases where the taxable person making such supplies could not be determined, in accordance with clause 2 of Article 270 of the Constitution and that since the Union Territories with Legislature did not come under the purview of the Finance Commission as per Article 270, it was apprehended that Puducherry would not get its share of balance of IGST amount apportioned to the States through this mechanism. He therefore sugge

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e balance amount for a year shall be apportioned to all States in proportion to the SGST collection of the States for that year.
17. The Hon'ble Minister from Tamil Nadu raised a question as to why the SGST portion of IGST could not go directly to the concerned State instead of going through a clearing house mechanism. The CEO, GSTN explained that the money was first paid through a return and then, it was passed on to the State. Shri G.D. Lohani, Commissioner (Central Excise), CBEC explained that tax was not paid invoice-wise and tax could also be paid by utilizing the ITC instead of cash payment. On account of these features, there would be one bulk debit for each State for IGST payment made in cash and several debits from the ITC accounts of the taxpayers. The Secretary stated that it would not be advisable to question the entire model of IGST at this stage as this model was accepted after protracted discussion over many years.
18. Commissioner (GST Policy Wing), CBEC made a pr

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consumer in an inter-State transaction and wondered how this loss of tax was allocated between the Centre and the States. The Secretary clarified that the example related to goods where the loss might be more for the States but in services, there would be a big gain to the States. He further added that the present service tax collection of the Central Government was about Rs. 2.1 lakh crore and in the GST regime, this would be shared with the States. The Hon'ble Minister from Kerala stated that in the presentation, the rates of SGST and CGST were assumed to be the same, but there was a need to discuss the rate split between CGST and SGST. He also added that he needed to understand the role of States in the administration of IGST.
19.1. Section 18 (Power to make rules): The Hon'ble Deputy Chief Minister of Delhi observed that under this section, the Central Government had power to make rules on the recommendation of the Council. He raised an interpretational issue as to whethe

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endation of the Council, it would need to come back to the Council to get it changed. The Hon'ble Minister from Assam raised an issue as to what stand a State Government should take in case amendments to the SGST law were suggested in the State Legislature. The Hon'ble Chairperson responded that the State Government's stand should be that it could not legislate contrary to the recommendation of the Council and that it would need to go back to the Council for approval of the desired modification.
19.2. The Hon'ble Minister from Kerala stated that the State legislature should have the freedom to enact a provision on its own without the approval of the Council if it did not have any implication for other States. He gave some examples in this regard, like certain facilities to be given to traders or measures to encourage voluntary registration. The Hon'ble Chairperson said that in the first cited example, the State legislature could act without the recommendation of th

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ter.
19.3. The Hon'ble Chairperson stated that Article 246A gave power to the Parliament and the Legislatures of the States to make laws with respect to goods and services tax and this could be made on the recommendation of the Council as referred to in Article 279A. He observed that the Parliament or the State Legislature could not legislate contrary to the recommendation of the Council. The Hon'ble Minister from Jammu & Kashmir stated that if the recommendation of the Council was binding on the Parliament and the State legislature, then a huge power was being conferred to the Council. The Hon'ble Chairperson stated that the interpretation given was in response to the question raised by the Hon'ble Deputy Chief Minister of Delhi as to whether the Central Government was bound by the recommendation of the Council while exercising its rule making power under Section 18 of the IGST Act. The Hon'ble Minister from Jammu & Kashmir stated that in a desire to bind the Cent

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s decided by the Council. He added that if the Legislature supplemented the decision with certain procedures not impacting law without bringing it to the Council, it could be acceptable. The Hon'ble Minister from Assam stated that interpretation of Article 279A of the Constitution now lay with the Courts. The Hon'ble Minister from Kerala stated that the provisions of Article 279A could also be interpreted by the Council but if there was a dispute, recourse could be taken to the court of law. The Hon'ble Chairperson observed that in the legal terminology, for the fields occupied by Article 279A, the State Legislatures and the Parliament were bound by the recommendation of the Council. The Hon'ble Minister from West Bengal stated that Article 279A only referred to recommendation by the Council and not regarding any binding nature of such recommendation. The Hon'ble Minister from Jammu & Kashmir observed that the Finance Commission's recommendation was not binding.

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powerment to ensure single interface under GST.
21. In respect of Agenda Item 3, the Council approved the IGST Law subject to the decisions and observations as recorded below.
i. Section 2(25) (Definition of “State''): The definition of 'State' needed to be discussed further to find a legally sustainable solution.
ii. Section 3(3) (Supplies of goods and/ or services in the course of inter-State trade or commerce): This section to be discussed by the Law Committee of officers to examine whether a provision be added regarding deemed delivery of goods to the buyer when supply took place before the goods had crossed the customs frontiers of India.
iii. Section 5(1) (Levy and collection of Integrated Goods and Services Tax): To amend Section 5( 1) by substituting the rate of 28% with 40%.
iv. Section 15(7) (Apportionment of tax collected under the Act and settlement of funds): To modify the second proviso to Section 15(7) to provide that the balance amount for a yea

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ihar raised a question whether cess would also be levied on supply of services. The Secretary clarified that law only provided an enabling power to levy cess on services for compensation but the Council would decide whether or not to levy such a cess.
ii. Section 10(1) (Crediting proceeds of cess to GST Compensation Fund): The Hon'ble Minister from Tamil Nadu stated that he agreed with the definition of Compensation Fund inserted in Section 2(4) of the draft Compensation Law and requested that the same wordings should be used in relation to the expression 'GST Compensation Fund' in Section 10(1) to provide that cess or other revenue as Council may decide shall be part of the Compensation Fund. The Council agreed to this suggestion. The Hon'ble Minister from West Bengal stated that this clause should not lead to additional tax being levied to raise higher amount of cess for meeting a possibly higher compensation requirement due to demonetisation. He observed that as th

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how to raise resources. He observed that all States had come on board for GST on the understanding that their interest would be fully protected and therefore, if there was a shortfall in cess, it must be met. He added that as it was decided that compensation would be paid on bi-monthly basis, it could not be paid in the sixth year and therefore payment of compensation could not be deferred beyond 5 years. He added that the understanding should be that if the amount for compensation was inadequate in the GST Compensation Fund, then cess could be collected in the sixth year or subsequent year to adjust the payment. The Hon'ble Chairperson assured that compensation to States shall be paid for 5 years in full within the stipulated period of 5 years and, in case the amount in the GST Compensation Fund fell short of the compensation payable in any bimonthly period, the GST Council shall decide the mode of raising additional resources including borrowing from the market which could be repaid

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norms of the Finance Commission, as Union Territories with Legislature did not come under the purview of the Finance Commission. He therefore suggested that instead of apportioning the amount based on the devolution formula under Article 270, the 50% unutilized amount available in the GST Compensation Fund should be apportioned among the States and Union Territories with Legislature in proportion to the SGST collection. The Hon'ble Chief Minister of Puducherry stated that a similar proposal had earlier been agreed in relation to the second proviso to Section 15(7) of the IGST Act. After discussion, the Council decided that 50% of the amount remaining unutilized in the GST Compensation Fund at the end of the transition period shall be transferred to the Consolidated Fund of India as the Centre's share and that the balance 50% of the amount remaining unutilised in the GST Compensation Fund shall be distributed amongst the States as well as among Union Territories with or without

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to provide that cess or other revenue as Council may decide shall be part of the GST Compensation Fund.
ii. Section 10(2) (Crediting proceeds of cess to GST Compensation Fund): To modify this sub-section to clearly reflect that compensation shall be paid bi-monthly and that it shall be paid within 5 years, and in case the amount in the GST Compensation Fund is likely to fall short or fell short of the compensation payable in any bimonthly period, the GST Council shall decide the mode of raising additional resources including borrowing from the market which could be repaid by collection of cess in the sixth year or further subsequent year.
iii. Section 10(3) (Crediting proceeds of cess to GST Compensation Fund): To modify this sub-section to provide that 50% of the amount remaining unutilised in the GST Compensation Fund shall be transferred to the Consolidated Fund of India and that the balance 50% of the amount remaining unutilised in the GST Compensation Fund shall be distribute

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on was required in course of its administration, the issue could be referred to the Central Government or to the other State Government. He added that this was a very fundamental issue and was not a matter of give and take. He further added that every taxpayer would pay lGST as well as SGST and CGST and both needed to be verified by the same tax administration. The Hon'ble Minister from Rajasthan stated that Section 24 of the draft lGST Act had been provided to appoint SGST officers as proper officers in certain circumstances. He added that any activity of enforcement, scrutiny or audit of a taxpayer might lead to detection of lGST irregularity by SGST officers and that complete cross empowerment was required in IGST to achieve single interface for smooth implementation of GST. He further added that without complete cross empowerment of IGST, the whole purpose of single interface would be defeated and that provisions for cross empowerment might be made in line with the draft I of S

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of Rs. 1.5 crore. He emphasised that there must be single interface for the taxpayer. The Hon'ble Chief Minister of Puducherry stated that the Central Government did not have infrastructure for indirect tax administration at the district level. He informed that the Central office for indirect tax for Puducherry was located in Tamil Nadu and stated that without the support of the State machinery, which was fully active in the field, lGST could not be implemented.
27. The Hon'ble Chairperson observed that the best method of apportionment of work between the two administrations needed to be worked out. He added that Article 269A of the Constitution provided that lGST shall be levied and collected by the Central Government. The Hon'ble Minister from Punjab stated that in such a situation, there would be dual control over taxpayers. The Hon'ble Minister from Tamil Nadu stated that the power of the Central Government under Article 269A of the Constitution could be delegated

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ather apportioned between the Centre and the destination State. The Hon'ble Chairperson stated that the power to administer the IGST Law would involve making assessment of taxes in certain cases and expressed a doubt as to how such function could be passed on to the State administration. The Hon'ble Minister from Karnataka stated that the powers of assessment of tax etc. would come from the word 'collected' in Article 269A of the Constitution. The Hon'ble Chairperson stated that the power to levy, collect and apportion IGST belonged to the Centre. The Hon'ble Minister from Karnataka stated that single interface would not work without cross-empowerment of IGST. The Chairman, CBEC stated that originally GST was conceived as a dual administration and later on, it was realised that single interface was desirable. He observed that having a single interface for CGST and SGST was much less challenging and that for IGST, there was a Constitutional challenge due to the w

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e interface would not be possible; (iv) conventionally, CBEC had been administering service tax (v) how to optimally use the machinery of the Central and State Governments. The Hon'ble Minister from West Bengal stated that the question of dual control was a separate issue and the point at this stage was that States be conferred power to administer IGST so that it could address the issue of SGST which was part of IGST. He added that as the Chairman of the Empowered Committee, he had suggested an amendment in the wording of Article 269A of the Constitution to give a role to the States in the administration of IGST but at that stage, it was stated that this would be reflected in the law. He added that this should accordingly be reflected in the IGST Law. He emphasised that it was important to first resolve the IGST issue and then address the issue of dual control. He noted that while the States had different views on dual control, all of  them supported the demand to empower the

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s were available in the tax administrations. He stated that in Delhi, the proportion of V AT dealers who were also paying CST was very high and so this could not be completely entrusted to the Central Government. He suggested a division of taxpayers in the ratio of 60:40 in favour of States. The Hon'ble Minister from Tamil Nadu stated that it was a mistake to make GST a three dimensional tax. He stated that there should be only one tax and sharing its proceeds between the Centre and the States should be an internal matter. The Hon'ble Chairperson stated that due to lack of time this issue would be discussed further in the next meeting of the Council. The Council agreed to this suggestion.
30. For Agenda Item 4, the Council agreed to discuss this matter further in the next meeting of the Council.
Agenda Item 6: Date of the next meeting of the GST Council
31. After discussion, it was agreed that the next meeting of the Council would be held on 16 January 2017 in New Delhi.
32

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Jammu & Kashmir
Dr. Haseeb A. Drabu
Minister, Commercial Taxes
Minister, Excise & Taxation
Finance Minister
14
Jharkhand
15
Karnataka
16
Kerala
Dr. Thomas Issac
Shri C.P. Singh
Shri Krishna Byregowda
Minister for Urban Development
& Housing
Minister for Agriculture
Finance Minister
17
Madhya Pradesh
Shri Jayant Malaiya
Finance Minister
18
Maharashtra
Shri Sudhir Mungantiwar
Finance Minister
19
Meghalaya
Shri Zenith Sangma
Minister for Taxation
20
Mizoram
Shri Lalsawta
21
Odisha
Shri Pradip Kumar Amat
22
Punjab
23
Rajasthan
24
Tamil Nadu
25
Telangana
Shri Parminder Singh Dhindsa
Shri Rajpal Singh Shekhawat
Shri K. Pandiarajan
Shri Etela Rajender
Minister for Taxation
Finance Minister
Finance Minister
Minister for Industries
Minister, School Education, Sports
& Youth Welfare
Finance Minister
26
Tripura
Shri Bhanu Lal Saha
Finance Minister
27
Uttarakhand
Smt. Indira Hridayesh
Finance Minister
28
West Bengal
Dr. Amit Mitra
F

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India
Shri S.P. Bhatia
22
GST Council
Shri Arun Goyal
23
GST Council
24
GST Council
Shri Manish K Sinha
25
GST Council
Ms. Himani Bhayana
26
GST Council
Shri G.S. Sinha
27
GST Council
28
GST Council
Shri Kaushik TG
29
GST Council
30
GST Council
Shri Amit Soni
Shri Shashank Priya
Shri Rakesh Agarwal
Shri Sandeep Bhutani
Secretary, GST Council & Dept of Revenue
Permanent Invitee to GST Council &
Chairman, CBEC
Chief Economic Adviser
Member (GST), CBEC
Director General, DG-GST
Principal Commissioner, (AR), CESTAT, CBEC
Additional Secretary, Dept of Revenue
Principal Commissioner, Customs, Delhi, CBEC
Advisor (GST), CBEC
ADG, Press, Ministry of Finance
Joint Secretary (TRU), Dept of Revenue
Commissioner (GST), CBEC
Joint Secretary, Dept of Revenue
Joint Secretary (TRU), Dept of Revenue
Commissioner, CBEC
Advisor to MOS
OSD to FM
Deputy Commissioner, GST Policy
Assistant Commissioner (GST), CBEC
Assistant Director, Press, MoF
Additional PS

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ommissioner, VAT
Finance Commissioner
43
Assam
Shri Gautam Das Gupta
Deputy Commissioner, Commercial Taxes
44
Bihar
Shri Ravi Mittal
45
Bihar
Smt. Sujata Chaturvedi
46
Bihar
Shri Arun Kumar Mishra
47
Bihar
Shri Ajitabh Mishra
Principal Secretary (Finance)
Principal Secretary & Commissioner,
Commercial Taxes
Additional Secretary, Commercial Taxes
Assistant Commissioner, Commercial Taxes
48
Bihar
Shri Birendra Kumar
PS to Minister
52 Delhi
Shri Dipak Bandekar
51
49 Chhattisgarh
50 Chhattisgarh
Chhattisgarh
Shri Amitabh Jain
Ms. Sangeetha P
Shri Khemraj Jhariya
Shri H. Rajesh Prasad
53
Delhi
Shri Anand Kumar Tiwari
54 Goa
55 Gujarat
Dr. P.D.Vaghela
56 Gujarat
57 Gujarat
Ms. Mona Khandhar
Shri Riddhesh Raval
58 Haryana
59 Haryana
60 Haryana
61 Haryana
62
Himachal
Pradesh
Jammu &
63 Kashmir
66
Shri Sanjeev Kaushal
Shri Shyamal Misra
Shri Vidya Sagar
Shri Rajeev Chaudhary
Shri Pushpendra Rajput
Shri P.K. Bhat
Principal Secretary,

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76 Mizoram
Shri K. Sanglawma
70 Madhya Pradesh
Dr. Rajan Khobragade
Shri Raghwendra Kumar
Singh
Shri Sudip Gupta
Shri Rajiv Jalota
Shri Dhananjay Akhade
Shri R.K. Khurkishor Singh
Shri Y. Indrakumar Singh
Commissioner, Commercial Taxes
Commissioner, Commercial Taxes
Deputy Commissioner
Commissioner, Sales Tax
Joint Commissioner
Assistant Commissioner, Taxes
Superintendent, Taxes
Finance Commissioner
Commissioner, Taxes
77
Mizoram
Shri Umakant
78
Mizoram
Shri L.H. Rosanga
79
Nagaland
Shri Wochamo Odyuo
OSD to Govt. of Mizoram
Joint Commissioner, Taxes
Joint Commissioner, Taxes
80
Odisha
Shri Ashok Meena
81
Odisha
Shri Saswat Misra
82
Odisha
Shri Sahadev Sahu
83 Puducherry
84 Puducherry
85 Punjab
86 Punjab
87 Punjab
Shri Varun Roosam
Shri Pawan Garg
88 Rajasthan
89 Rajasthan
90 Rajasthan
91 Rajasthan
Shri Praveen Gupta
Shri Alok Gupta
Shri Ketan Sharma
92 Sikkim
Shri Manoj Rai
93 Tamil Nadu
Dr. V. Candavelou
Shri G. Srinivas
Shr

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ial Taxes
Special Secretary
Additional Commissioner
Assistant Commissioner, Commercial Taxes
Commissioner, Commercial Taxes
Additional Commissioner, Commercial Taxes
Deputy Commissioner
Principal Secretary (Finance)
Commissioner, Commercial Taxes
Senior Joint Commissioner, Commercial Tax
Chairman
S No
State/Centre
Name of the Officer
99 Tripura
Shri Shailendra Singh
100
Uttar Pradesh
Shri Mukesh Kumar
Meshram
101
Uttar Pradesh
Shri S.C.Dwivedi
102
Uttar Pradesh
Shri Vivek Kumar
103
Uttar Pradesh
Shri Niraj Kumar Maurya
104
Uttarakhand
Shri Ranveer Singh Chauhan
105
Uttarakhand
Shri Piyush Kumar
106
Uttarakhand
Shri Yashpal Singh
107 West Bengal
Shri H.K. Dwivedi
108
109
West Bengal
West Bengal
Ms. Smaraki Mahapatra
Shri Khalid A Anwar
110 GSTN
111
GSTN
Shri Navin Kumar
Shri Prakash Kumar
CEO
CHAIRMAN'S
INITIALS
Page 36 of 37
JAYNA BOOK DEPOT
JAYNA
MINUTE BOOK
Estd. 1949
Annexure 3
JB List of Representatives from Sectors who at

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ndia Assurance Co. Ltd &
Chairman, GIPSA
Chief Executive, GIPSA
MD, Cholamandalam MS GIC Ltd
CEO, Apollo Munich Health Insurance Co. Ltd.
Secretary General, Gl Council
Secretary, DoT
11
12
Banking & Insurance
Banking & Insurance
Shri V. Manickam
Ms. Neetu Gupta
Ms. Usha Sangwan
13
17
Banking & Insurance
14 Banking & Insurance
15 Banking & Insurance
16 Banking & Insurance
Banking & Insurance
18 Telecom
19
Telecom
Shri P.K.Mittal
20
Telecom
Shri P.K. Sinha
21
Telecom
Shri Akshaya Moondra
22
Telecom
Shri Deepak Garg
23 Telecom
Shri Nilanjan Roy
24
IT/ITeS
Smt. Aruna Sundararajan
25 IT/ITeS
26 IT/ITES
Shri S. K. Marwah
27 IT/ITeS
28
IT/ITES
Shri P. V. Srinivasan
29
IT/ITeS
30
Civil Aviation
Shri Mahesh Jaising
Shri R.N. Choubey
BMR Advisors
Secretary, Ministry of Civil Aviation
Page 37 of 37
Shri Rajiv Kumar
Shri R. Chandrashekhar
Sr. Deputy Director General, DoT
Sr. Deputy Director General, DOT
Chief Financial Officer, M/s Idea Ce

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Action Points before GST implementation

Action Points before GST implementation
By: – Ravi Kumar Somani
Goods and Services Tax – GST
Dated:- 3-1-2017

GST would become a reality and the nation could witness changes in the traditional ways of doing business. Businesses right now have the option to proactively embrace this reform, understand its intricacies and take a business advantage out of this change by acting immediately.
Since the tax system is in the transitional phase, hence, this is the right time for businesses to understand the immediate action points for smooth implementation of the GST. This article provides a broad thought process and a way forward of major areas actions that a business can re look. Various immediate action points can be as under:
CREATING A CORE GST TEAM:
Identifying resources across various departments within the organization and a core GST team must be formed which would be a task force equipped with the charge of smooth implementation of GST. Since, GST is not just a tax re

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le, purchase, stock transfers etc;
* Impact on various business departments i.e. Finance & Accounts, Procurement, production, stores, Sales & Marketing, IT, Admin & HR.
* Strategizing the right pricing to create right balance between margins and volumes;
* Impact on existing contracts and agreements;
* Impact on Key vendors, their readiness and approach to GST;
* Change in procurement and other sourcing strategies;
* Aspects to be representing through various bodies/ associations;
* Assessing the capacity building to meet the needs of the GST;
* Readiness of the ERP system and technological interface to usher into the new tax regime.
MIGRATE THE REGISTRATIONS:
In registration process, it is crucial for the businesses to understand the need for various geographical locations and business verticals for which registration is required. Once this aspect is clearly decided, complete documentation must be kept in place to migrate into the GST regime. Assistance of profession

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one year and avail the credits where missed either due non-availability of credit availing document or due to oversight or credits which were assumed to be ineligible or where credits missed transferring in return from the books.
Businesses would face many practical issues in credit transition. Therefore, proper care must be taken while transferring the credits ensuring due compliance of the law. Further, businesses must have proper documentation, trails in place to establish the claim of the credit at a later date during departmental audits.
TAKING BUSINESS RESTRUCTURING DECISIONS:
Businesses would undergo a change due to advent of GST. Therefore businesses must timely act and restructure its model as per the requirement of the GST to have a competitive edge over others. There are many re-structuring aspects that can be looked into, few are as illustrated below for better understanding:
* Whether to change the manufacturing location, principle place of business;
* Adding locati

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ia would be key for the businesses. Core GST team must sit with the subject experts to understand the various possible ways in which a transaction can be restructured and then a decision must be taken as to which model would suit the most based on the nature, size and risks involved in the business. Few illustrative aspects of transactional restructuring are as under:
* Breaking a composite supply into multiple different supplies – For Ex: Combos with aerated drinks in restaurants, Cinema halls;
* Merging multiple supplies into a composite supply – For Ex: Vaastu, High Rise Premium to be merged with construction;
* Strategizing the stock transfers to avoid working capital blockage;
* Clear breaking up the Price to optimize taxes;
* Revisiting the Discounts policy – Nature of discount, Cash discount or trade discount, whether linked to invoice or not;
* Security Deposits in lieu of advances to ease cash flows;
* Reviewing pricing of all related party vendors to avoid dispu

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learning and training system in place. Further to accrue real benefits out of GST, trainings must not be restricted to internal staff but the same must also be extended to chain of vendors, customers and other stake holders. In a VAT system of taxation any weaker link in a chain also poses adverse impact on the entire chain.
DEALING WITH VENDORS/ CUSTOMERS:
Constant communication with the vendors/ customers and their support is very crucial in smooth transition. Carrying along the un-organized vendors into the GST regime is a risky affair. Many aspects of the GST regime such as matching concept, compliances etc. would be perturb the business in GST regime if the vendors are not organized. Therefore, the challenging task of the vendor evaluation/ assessment and their preparedness for the GST must be assessed well in advance during the transitional phase.
DECIDE ERP SYSTEM READINESS:
Needs of the businesses from ERP would undergo a change in the GST regime, but the crucial decision m

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TRANSITIONAL PROVISIONS-PART-VII Sec 173 – Exempted goods returned to the place of business on or after the appointed day

TRANSITIONAL PROVISIONS-PART-VII Sec 173 – Exempted goods returned to the place of business on or after the appointed day
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 3-1-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-VII
Sec 173 – Exempted goods returned to the place of business on or after the appointed day
The section enables a taxable person to receive exempted goods (under the old law) which were removed/sold earlier and then received back within 6 months of the appointed date. This section has been kept similar to the previous provision in the old draft. The only amendment has been introduced by a way of proviso in both CGST law and SGDT act to clarify that if the exempted

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tax under this Act and are returned after a period of six months from the appointed day. Instead of it, a new proviso has been added which states as follows:
PROVIDED that if the said goods are returned by a registered taxable person the return of the goods shall be deemed to be a supply.
The effect of this amendment is that earlier where the tax became payable only if the return was made after a time period of 6 months, now the return will be held as supply irrespective of the time period of return. Also the old draft stated that:
Every taxable person who receives such goods within a period of six months shall be entitled to take credit of the duty paid earlier at the time of removal.
This proviso has also been deleted as after the

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GST filling on Linux operating system

GST filling on Linux operating system
Query (Issue) Started By: – aditya sharda Dated:- 2-1-2017 Last Reply Date:- 5-1-2017 Goods and Services Tax – GST
Got 3 Replies
GST
hi i want to know that i want to fill GST in Linux operating system as our organization is currently using Linux operating system through out.But according to our vendor we need to have Microsoft Windows in order to fill the GST.I want to know the solution to this problem as we will not use Microsoft Windows as ope

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filling of GST with Digtal key in linux operating system

filling of GST with Digtal key in linux operating system
Query (Issue) Started By: – pardee kumar Dated:- 2-1-2017 Last Reply Date:- 3-1-2017 Goods and Services Tax – GST
Got 2 Replies
GST
hi i want to know that as per the digital key provided by the vendor to our organization it is only installing in microsoft windows.but our organization is only using linux as operating system through out.how can we install the digital key in Linux so we dont have to purchase Microsoft Windows whi

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GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 2-1-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-VI
Credit of eligible duties and taxes on inputs held in stock to be allowed to a taxable person switching over from composition scheme
The section 172 (146 in old draft) dictates the provision and conditions, on fulfillment of which a registered taxable person becomes eligible to avail the cenvat of the inputs held in stock if he opts to switch over from composition scheme. The sections reads as follows:
Registered taxable person, who was either paying tax at a fixed rate or paying a fixed amount in lieu of the tax payable under the earl

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and
(v) such invoices and /or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day. (CGST)
A worth noting change bought in this section is that earlier there was an additional condition which stated that the cenvat which the assessee intends to avail should have been allowed to him under the previous law also but he was not availing merely because he had opted composition scheme. This condition is now dropped. Thus even if certain inputs were not allowed under the previous law but are allowed under the new law; cenvat can be availed on them.
But yet there is one problem. The conditions also state that the invoice on which cenvat is been availed should not be older than 12 months.

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as a result of any proceeding instituted, whether before or after the appointed day, against such person under the earlier law
The provisions for SGST are similar except that one condition has been replaced there also. The condition (iii) read as follows:
the said taxable person was eligible to claim input tax credit on purchase of such inputs and/or goods under the earlier law but for his being a composition taxpayer under the said law
This condition has been replaced by the following condition:
the said inputs were not [specified in Schedule of the earlier law or in the rules made thereunder or in any notification issued under the earlier law] as inputs on which credit was not admissible under the earlier law;
The effect of this is

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TRANSITIONAL PROVISIONS-PART-V

TRANSITIONAL PROVISIONS-PART-V
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 2-1-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-V
SECTION 171 CREDIT OF ELIGIBLE DUTIES AND TAXES IN RESPECT OF INPUTS OR INPUT SERVICES DURING TRANSIT
This is a new provision that has been incorporated in the revised GST law which provides for credit availment for inputs/input services during transit. Where the goods have been removed prior to the appointed day on payment of excise/VAT but are received after the appointed day, then the question of availment of cenvat of excise and VAT against CGST/SGST will arise. To resolve this situation, following has been provided:-
(1) A registered taxable pers

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credit that has been taken under sub-section (1).
If we minutely observe the above provisions, we find that these enable credit availment for inputs/input services that are in transit on the appointed day. The example of input services in transit can be the services of transportation of goods by road/rail. At this point, it is pertinent to note the provisions contained in section 188 of the Revised GST law which states that tax in respect of taxable services shall be payable under earlier law to the extent the point of taxation in respect of such services arose before the appointed day. Say for example, if the transportation of goods by road service has been booked in advance for which invoice has been issued before the appointed day and

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duty/VAT credit available on such capital goods but there is no provision in revised GST law for enabling assessees to avail the credit of capital goods in transit. Consequently, the assessees should ensure that they receive the capital goods before the appointed day if ordered before the appointed day or place order for capital goods only after implementation of GST so that there is no issue regarding availment of credit of excise duty/VAT.
The above provision also specifies that the credit will be allowed only if the invoice is booked in the accounts within 30 days of the appointed day. Not only this, assessee is also required to file a statement with the authorities to substantiate the credit taken on the goods in transit.
You may vi

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Full/Partial exemption of late fee under section 20(6) of MVAT Act, for late returns.

Full/Partial exemption of late fee under section 20(6) of MVAT Act, for late returns.
1T of 2017. Dated:- 2-1-2017 Maharashtra SGST – Circular
GST – States
Office of the
Commissioner of Sales Tax,
8th floor, Vikrikar Bhavan,
Mazgaon, Mumbai-400 010.
TRADE CIRCULAR
 No. AMD/1C/2016/15/ADM-8
Mumbai, Date : 02.01.2017
Trade Circular No: 1T of 2017.
Subject:- Full/ Partial exemption of late fee under section 20(6) of MVAT Act, for late returns.
Reference: I) Notification No. VAT IS13/CR 124/ Taxn-l dated 1st Jan. 2014
2) Notification No. VAT 1516/CR 178/Taxn-1 dated 28th December 2016
Goods and Services Tax Act shall be implemented soon. After the implementation of the GST, many state taxes would be subsumed in GST. Most o

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urns for the old periods could also be obtained on the new SAP automation system soon.
3. With a view to grant an opportunity to the defaulters, before the Department starts a rigorous drive against the returns defaulters in the month of March 2017, the Government of Maharashtra has waived the late fee by amending the notification, No. VAT 1513/CR 124/Taxn-l, dated 1st January 2014, issued u/ s 20(6) of the MVAT Act by notification No. VAT 1516/ CR 178/ Taxn-l, dated 28th December 2016. By virtue of this notification, a limited period opportunity is being given for the returns defaulters to upload returns without payment of late fee or on payment of partial late fee.
4. A registered dealer, who uploads the pending returns for any period u

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HOW WILL GST IMPACT PROVIDERS OF SERVICES (PART-I)

HOW WILL GST IMPACT PROVIDERS OF SERVICES (PART-I)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 31-12-2016

Services contribute over 57 percent to Indian Economy (GDP) which is the highest. The services sector is not only the dominant sector in India's GDP, but has also attracted significant foreign investment flows, contributed significantly to exports as well as provided large-scale employment. India's services sector covers a wide variety of activities such as trade, hotel and restaurants, transport, storage and communication, financing, insurance, real estate, business services, community, social and personal services, and services associated with construction.
Key Impact Areas for Services
Following areas can be identified to have direct bearing on services / service providers-
Territory
GST law shall extend to whole of India and SGST law would apply to respective States. Presently, Service Tax law extends to whole of India except the State of

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d facing tax disputes with both Departments i.e., service tax and VAT /CST Departments. Service providers paying service tax are getting notices from VAT /CST Department and dealers who are paying VAT /CST are get notices from service tax Department in case of overlapping transaction.
With the introduction of one single tax-GST on supply of goods and /or services including supplies as per Schedule II, GST is likely to put an end to the double taxation of services like software, works contract etc. which are treated as goods and services both.
Taxable Person
Taxable Person means a person who is registered or liable to be registered under Schedule-V of the Act. According to Schedule-V, every supplier shall be liable to be registered under the Act in the State from where he makes a taxable supply of goods and/or services if his aggregate turnover in a financial year exceeds rupees 10 lakhs in North-East States including Sikkim and hilly area and rupees 20 lakhs for othe States. Therefo

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nder any statute, other than SGST /CGST/IGST.
* Any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the services.
* Incidental expenses
* Interest or late fee or penalty for late payment of any consideration of supply.
* Subsidies directly linked to the price excluding subsidies provided by the Central and State Governments
But shall not include(exclusion):
Discounts- Post-supply discounts will not be included in the transaction value if it is established as per the agreement and is known at, or before, the time of supply. Year-end discounts and discounts offered on achieving a target will also be excluded if they could be specifically linked to relevant invoices against which discount has been offered.
Therefore, it is important that the proper disclosure of discount should be made for the exclusion under transaction value. It is advisab

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Return for Tax Deducted at Source(TDS)
10th of the next month
8.
GSTR-8
Annual Return
By 31st December of next FY
Refund
Time limit for making application for refund is two years from the relevant date in prescribed form and manner. In some cases, the refundable amount shall, instead of being credited to the Fund, be paid to the applicant such as in case of export of services etc.
It would be important to note that the persons would need to deal with both, the Centre and State Governments, and therefore there would be duplication of the refund procedures.
However, refund provisions specifically provide for sanction of 90% of refund to exporter of services. This will be a great relief for the industries or sectors, given that refund claims are often not processed for long periods. For balance 10%, prescribed procedure need to be followed.
Refund application has to be disposed by way of a proper order within 60 days from the date of receipt of application (which is complete i

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TRANSITIONAL PROVISIONS-PART-IV

TRANSITIONAL PROVISIONS-PART-IV
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 31-12-2016

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-IV
170. Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations
This is a new provision added in the act aiming to cover such assessees who are engaged in manufacture of both taxable and exempted goods or are providing both taxable and exempted services. This provision reads as follows:
(1) A registered taxable person, who was engaged in the manufacture of non exempted as well as exempted goods under the Central Excise Act, 1944 (1 of 1944) or provision of non-exempted as well as exempted services under Chapter V of Finance Act, 1994 (32 of 1994), shall be entitled to take, in his electronic credit ledger,
(a) the amount of Cenvat credit carried forward in a return furnished under the earlier law by him in terms of section 167; and
(b) the amo

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services and reverse the cenvat credit at particular percentage on value of exempted goods;
3. take the credit on common input or input services and reverse the cenvat credit on proportionate basis.
This provision very well covers the first provision i.e. where the manufacturer or service provider has maintained the separate inventory and has taken the credit only inputs used in manufacture of dutiable goods or provision of taxable services . Hence, he will be allowed to take the credit on stock of inputs of exempted final product or exempted service.
But this provision does not hold good for the second alternative. If a manufacturer or service provider has already taken the credit on common input then credit cannot be allowed to him second time. Moreover, the credit is reversed at the time of removal of exempted final product or provison of exempted service. This mean that the credit is already contained in his balance for the stock of inputs lying with him. Then this provision wil

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is suggested that the credit on stock of inputs for exempted goods should be allowed subject to condition that the credit is not already taken. This provision will solve the problem. The assessee will be allowed to take the credit on stock of those inputs on which credit is not taken by him.
But there are many other situations also where the credit is not taken by the assessee. We have come across a situation where the manufacturer has taken the credit only on inputs exclusively used inputs in dutiable final product but has not taken credit on common inputs for dutiable and final product as well as on inputs exclusively used in exempted final product. Hence, the credit should be allowed in such situation also.
Similarly many exporter manufacturer are claiming drawback and forgoing Cenvat credit. But they intend to take the credit on input stock as they intend to avail the credit under GST regime.
Similar is the situation for textile manufacturers who are exempted from payment of ex

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