Transitional provisions related to credit under GST

Transitional provisions related to credit under GST
By: – Abhishek Gupta
Goods and Services Tax – GST
Dated:- 29-12-2016

Transitional Provisions for CENVAT Credit under GST
Need for Transitional Provisions
To facilitate the implementation of any new law or amendment in old law, role of transitional provisions comes into play. As India in gearing up for one of the biggest tax reform of its country, it is very important to read, analyze and assess the impact of GST Law and in amid these discussions of GST, transitional provision plays a very critical role for smooth migration to GST.
Implementation of GST from 1st April, 2017 seems to be a challenging task. Finance Minister Shri Arun Jaitley after meetings with GST council has shared his concerns on the deadline of GST but he is trying his best for GST rollout. On Goods and Service tax council's 7th meeting, Shri Arun Jaitley said that “the drafts of Central GST and the compensation law have been mostly approved with t

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004.
Balance of CENVAT Credit carried forward in the return will become opening balance of input tax credit in electronic credit ledger. This balance of CENVAT credit will be known as CGST (central goods & service tax).
What is electronic credit leger in GST?
All the input taxes under various major heads i.e. CGST, SGST and IGST shall be credited to an electronic ledger. Any availment of input tax credit will be credited in the ledger and any utilization, refund, reversals will be debited in the ledger.
Section 2(43) of Model GST Law, “electronic credit ledger” means the electronic credit ledger referred to in section 44(2).
As per section 44(2) self-assessed input tax credit shown in the return will be credited in a ledger which will be called as electronic credit ledger.
GST will subsume VAT and entry tax in itself, therefore, closing balance of VAT and entry tax carried forward in a return shall be entitled for input tax credit. This balance of Vat or entry tax will be known

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AT Credit in his electronic credit ledger. The expression “un-availed CENVAT Credit” means the amount that remains after subtracting the amount of CENVAT credit already availed in respect of capital goods by the taxable person under the earlier law from the aggregate amount of CENVAT credit to which the said person was entitled in respect of the said capital goods under the earlier law.
A registered taxable person is not allowed to avail credit under this section unless CENVAT Credit was admissible to him under the earlier law and GST as well.
It is very important to recap here that time limitation of availing credit from 1 year from date of invoice is applicable only on inputs or input services and not on capital goods.
Similarly a registered taxable person can take in his electronic credit ledger, the un-availed input tax credit(levied under state VAT laws) in respect of capital goods, which is not carried forward by such taxable person in his return filed for the period immediate

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cility has been now extended to them also by virtue of section 169 of revised model GST law.
Similarly, in case of VAT or entry tax, a person who has not liable to be registered under the respective VAT laws or who was engaged in the sale of exempted goods under the earlier law but liable to pay tax under this act can also take input tax credit in electronic credit ledger.
Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations
A registered taxable person who was engaged in manufacture of non-exempted as well as exempted goods or provision of non-exempted as well as exempted services shall be entitled to take in ledger credit carried forward in return and credit of inputs held in stock relating to exempted goods or services.
Credit of duties and taxes in respect of input and input services in respect of goods in transit
It may be happen that the goods may have been dispatched before the appointed day, on payment of appropriate e

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electronic credit ledger of inputs held in stock subject to following conditions:-
* The inputs or goods should be used for making taxable outward supply under the GST
* Assessee should not be working under composition scheme
* Taxable person is eligible for availing input tax credit on such inputs
* Taxable person is in possession of supporting documents
* Such documents were not issued earlier than 12 months immediately preceding the appointed day
Illustration:
X ltd. registered in Delhi is manufacturing medical equipment's on which 10% excise duty is applicable and is providing health care services which is exempted by notification number 25/2012. Also, Delhi vat @5% is payable on sale of medical equipment's. No composition scheme is opted by X ltd under earlier law as well as under GST law. X ltd. is also engaged in inter-state sale of goods attracting CST@2% and paying Octroi (entry tax) on receipt of goods in Delhi.
In 2016-17, the following data is available:
Clo

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pment's (amount of sale) ₹ 20, 00, 000
Supply of health care services ₹ 10, 00, 000
Out of above supplies, X ltd. made inter-state supply of value ₹ 5, 00, 000
Rate of CGST, SGT and IGST are 9%, 9% and 18% respectively.-
Suggest tax compliances as GST will roll-out on 1st April, 2017 considering an assumption that supplies of goods or services made by X ltd. will be taxable under GST.
Solution:
As per section 167 of Model GST Law:
Closing balance carried forward in return will become input tax credit under GST
Input tax credit as per section 167 will be:
Particulars
Amount
Remarks
Capital Goods
1,00,000
It can be claimed as ITC in electronic credit ledger at any period of time. No time limitation is given
Inputs
25,000
Input Services
19,000
Total-CGST
1,44,000
It can be claimed as ITC in electronic credit ledger within 90 days from the appointed day
VAT
10,000
Entry tax
12,000
Total-SGST
22,000
Refund of CST as per earlier law is allowe

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Debit & credit notes under GST

Debit & credit notes under GST
By: – Jayant Panchbhai
Goods and Services Tax – GST
Dated:- 29-12-2016

Section 31 of proposed GST Act states that credit or debit notes will be raised by the supplier who has supplied such goods and / or services. Thus in case where Vendor – supplier – has supplied material & debit note is raised by recipient for short supply or rejection where such debit note raised has to be reflected in monthly returns. This cannot be reflected in GSTR 1 under details of credit / debit notes as what is to be reflected under this section is debit/credit notes only if issued as supplier.
Neither this can be reflected in GSTR 2 under details of credit/debit notes as this is an auto populated section based on G

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Preview of Return and Payment Modules GST

Preview of Return and Payment Modules GST
GST
Dated:- 28-12-2016

Upload PDF
 
=============
Document 1GN
1
15553900
as
LL84201
CSA
Preview of
Return and
Payment
Modules
BLE
1
Objective of Preview & Mechanism of obtaining feedback
Dear Taxpayer / Tax Professional,
GIN
1. After successful launch of GST Portal (gst.gov.in) on 8th Nov 2016 the enrolment process of
existing taxpayers was started on the same day. GSTN has created prototype for various
return forms, payment challan etc. A preview of the same is being shared through this pdf
document with following purpose:
To give an idea about look and feel of 'Return' & 'Payment' Modules and the flows
there-in.
To seek your feedback / comments on the Prototype to improve it further and see if any
aspect has been left out.
2. Kindly send your comments / suggestions on prototype-feedback@gst.gov.in in next 15
days. Your feedback will help us make the GST Portal more user friendly and informative.
While sending your commen

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tal Taxable Amount
* 4,60,000
Total Invoices
Total Taxable Amount
3
* 4,50,000
Received Show cause notice for
cancellation of Registration from
Commissioner, Bangalore
Total Mismatched Credit
12,000
Output Tax Liability to be Added
3,400
3
View Profile on Dashboard
Goods and Services Tax
Dashboard Services â–¼ Notifications & Circulars
Acts & Rules â–¾ Downloads
* GANESH HARVEST
SOLUTIONS *
GSTIN
Profile
Ganesh Harvest Solutions
29APPCK7465F1Z1
29APPCK7465F1Z1
State Jurisdiction
VAT03 Bangalore, Karnataka
Place of Business
Contacts
GIN
A+ A-
Ganesh Harvest Solutions
Other Business
Legal Name of Business
Ganesh Harvest Solutions
Date of Registration
10/08/2016
Center Jurisdiction
Range SN1012
Constitution of Business
Private Limited Company
Taxpayer Type
Normal
Nature of Business Activity
Quick Links
Retailer
GSTIN Status
Active
Compliance Rating
ÃŽÃŽâ۬
History of Amendment
Update Profile
Change Password
Register/Update DSC
Update Business Logo
Shows complete
profile of the
B

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)
CGST SGST
11AAKCO9087P1Z1 Ola Limited
1,00,000 1,10,000 22,000


22,000
21/06/2016
13139
07AKPCA3029Q1Z3
Accenture India
Limited
22/06/2016 13103
2,00,000 2,05,000 41,000
29ALPCB2019L2Z4 Bharati Airtel Limited
24/06/2016 72189
1,50,000 1,52,000
41,000
Q
Output tax liable to be
added on Account of
Mismatch (*)
2,000
1,000
a
15,200 15,200
30,400
400
5
UT
Dashboard: File Returns
सत्यमà¥â€¡Ã Â¤Âµ à¤Å“यतà¥â€¡
Goods and Services Tax
Services
Notifications & Circulars
Acts & Rules
Downloads
Dashboard
Dashboard > Returns
File Returns
Financial Yearâš«
2016-2017
Return Filing Period
Jan
Outward supplies made by the taxpayer
Inward supplies received by taxpayer
(GSTR 1)
(GSTR 2)
Due Date 15/05/2016
UPLOAD
PREPARE ONLINE
UPLOAD
Due Date 10/05/2016
PREPARE ONLINE
TDS Return
(GSTR 7)
Due Date 10/05/2016
PREPARE ONLINE
UPLOAD
SEARCH
GIN
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Ganesh Harvest Solutions â–¾
Through Returns
Dashboard you can
see the summary of
Returns as well as
prepar

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eceiver Mismatch Reports
Download >
Supplier Mismatch Reports
Download >
Total Invoices
Total Taxable Amount
3
4,60,000
Total Invoices
Total Taxable Amount
3
4,50,000
Total Mismatched Credit
12,000
Output Tax Liability to be Added
3.400
7
Return Filing
8
GSTR – 1
Goods and Services Tax
Dashboard
Services
Notifications & Circulars
Acts & Rules â–¼
Downloads
Dashboard > Returns > GSTR-1
the
GSTR-1 – Outward Supplies made by the Taxpayer
GSTIN-29ADECS9084R5Z4
FY-2016-17
Business Name – Stark Pvt Ltd.
Return Period – April
Gross Turnover of the taxpayer in the previous financial year
GSTR-1 – Invoice Details
B2B Invoices
Section 5
Pending for Action 0
€45,01,660
Invoice Value
Status – Pending
2,00,000.00
SAVE
11
Amended B2B Invoices
Section 5A
GIN
Ganesh Harvest Solutions
This section shows
Summary
of
various tables of
GSTR-1.
Due Date – 10/05/2016
Total Tax Liability
B2C (Large) Invoices
Section 6
Pending for Action 0
Pending for Action NA
37,51,383
*7,50,277
€2,42,810
ââ

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0
Tax Liability
6
Amended B2C (Small) Details
Section 7A
1
Pending for Action NA
*54,03,800
Taxable Value
Tax Liability (Advance Payment)
3
Amended Tax Liability
Section 11
(Advance Payment)
Section 11A
Pending for Action NA
*1,60,000
Pending for Action NA
*52,080
Amount of Tax to be Paid on Advance
Supplies paid through e-commerce
portals of other companies
6
Section 13
Pending for Action NA
€15,05,000
Gross Value Of Supplies
*10,80,760
Tax Liability
Amount of Tax to be Paid on Advance
HSN / SAC summary of outward supplies
Section 14
Pending for Action NA
*6,43,63,198
Taxable Value
*1,28,72,640
Tax Liability
Nil Rated Supplies
Section 9
Pending for Action NA
€9,26,480
Invoice Value
GIN
1
Tax already paid on invoices issued in
2
the current period
Section 12
Pending for Action NA
*1,08,957
Advance Tax Paid
BACK
PREVIEW
FILE GSTR-1
DSC
EVC
E SIGN
10
GSTR 1: B2B Invoices
Goods and Services Tax
Dashboard Services â–¾ Notifications & Circulars â–¼
Acts & Rules â–¾
D

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š«
Intra-State
Supply attract Reverse Charge
No
GIN
A+ A-
|
Ganesh Harvest Solutions â–¾
This section helps
English
to add
the
you
Invoices.
Invoice No.âš«
Total Taxable Value (*) •
% Reverse Charge
POS (Only if different from location of recipient)
Tax on this Invoice is paid under provisional assessment
None
Item Details
ADD ITEM
G = GOODS AND S = SERVICES
Sr.
No.
Category
HSN/SAC
Taxable Value (*)
IGST
CGST
SGST
Action
Rate
Amount (*)
Rate
Amount (*)
Rate
Amount (*)
(%)
(%)
(%)
1.
G â–¼
BACK
SAVE
12
GSTR 1: B2B- Add Invoice
Goods and Services Tax
Dashboard
Services
Notifications & Circulars
Acts & Rules
Downloads
Dashboard > Returns > GSTR-1
B2B- Add Invoice
Invoice saved successfully.
Receiver GSTIN/UIDâš«
Invoice Dateâš«
Total Invoice Value (*)*
POS (Only if different from location of recipient)
None
Item Details
Receiver Nameâš«
Supply Typeâš«
Intra-State
Supply attract Reverse Charge
No
GIN
• Ganesh Harvest Solutions
This section helps you to

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nvoice No.âš«
Enter Invoice No
Receiver Details
Total Invoice
Value (*) â–¼
Total Taxable
Value (*) â–¼
1151
13/02/2016
1151
13/02/2016
Manuj Industries Ltd.
28AAACM1090A1Z1
2,42,810.00
2,02,342.00
AMEND INVOICE
IGST CGST (3) SGST (Rs.) Actions
(3) â–¼
10,117.00 10,117.00
1-1 of 1
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14
GSTR 1: Amend Invoice
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars â–¼
Acts & Rules â–¾
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Dashboard > Returns > GSTR-1
Amended B2B – Amend Invoice
Receiver GSTIN/UID
28AAACA1090A1Z1
Original Invoice Date
13/01/2016
Supply Typeâš«
Intra-State
Supply attract Reverse Charge❤
No
Receiver Name
Manuj Industries Ltd.
Revised/Original Invoice No.
Total Taxable Value (*)
% Reverse Charge
Tax on this Invoice is paid under provisional assessment
Item Details
GIN
Ganesh Harvest Solutions
This section helps you to
do amendments to details
of Outward Supplies to a
registered person of
earlier tax periods.
Original Invoice No.
1100
Revised/Origin

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s Ltd.
2,50,100.00
2,08,417.00 41,684.00
1219
21/04/2016
PB
Singhania Overseas (P)
Ltd
4,55,000.00
3,79,167.00 75,834.00
Masheshwari Enterprises
1220
30/04/2016
WB
2,94,600.00
2,45,500.00 49,100.00
E
Ltd.
1-3 of 3 <>
BACK
ADD INVOICE
16
GSTR 1: B2C (Large)-Add Invoice
Goods and Services Tax
Dashboard
Services
Notifications & Circulars
Acts & Rules
Dashboard > Returns > GSTR-1
B2C(Large) Invoices- Add Invoice
Recipient's State Codeâš«
None
Invoice Date
Recipient's Name/GDIâš«
Supply Typeâš«
Inter-State
POS (Only if different from location of recipient)
Total Invoice Value (*)*
None
Tax on this Invoice is paid under provisional assessment
Item Details
GIN
Downloads
This section helps you to add
the Invoices of Taxable outward
Inter-State supplies and where
invoice value is more than 2.5
Lacs and Invoices issued
against Advance received in
earlier periods.
Vest Solutions â–¾
sh
Invoice No.
Total Taxable Value (*)
ADD ITEM
G = GOODS AND S = SERVICES
Sr.
No.
Category
HSN/SAC
Ta

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1 of 13
BACK
18
GSTR 1: Amended B2C (Large)-Amend Invoice
Goods and Services Tax
Dashboard
Services
Notifications & Circulars â–¼
Acts & Rules
Downloads
Dashboard > Returns > GSTR-1
Amended B2C(Large) – Amend Invoice
Original Invoice No.
0900
Original Invoice Date.
19/01/2016
GIN
This section helps you to amend
the Invoices of Taxable outward
Inter-State supplies and where
invoice value is more than 2.5
Lacs and Invoices issued
against Advance received in
earlier periods.
Recipient's State Codeâš«
Select
lutions â–¾
Name of the recipient/ GDIâš«
Supply Typeâš«
Select
Total Invoice Value (*)*
58,07,600.00
Item Details
Revised/Original Invoice No.âš«
Total Taxable Value (*)
58,07,600.00
Revised/Original Invoice Dateâš«
POS (Only if different from location of recipient)
Select
Tax on this Invoice is paid under provisional assessment
Sr.
No.
Category
HSN/SAC
Taxable Value
IGST
(3)
Rate (%)
Amount (*)
Rate (%)
1. Select
ADD ITEM
G = GOODS AND S = SERVICES
CGST
SGST
A

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TIN/UID/GDI/Nameâš«
GIN
ÃŽâ۬' ÃŽâ۬'
Ganesh Harvest Solutions
This section helps you
to add Credit/Debit
Notes.
English
X
Debit/Credit Note No. âš«
Debit/Credit Note Dateâš«
Reason For Issuing Note
Total Differential Valueâš«
Note Typeâš«
Select
Select
Supply Typeâš«
Select
Item Details
Sr.
No.
No.
1.
Original Invoice
Date
Differential
Value
ADD ITEM
IGST
CGST
SGST
Action
Rate (%)
Amount (*)
Rate (%)
Amount (*)
Rate (%)
Amount (*)
BACK
SAVE
21
GSTR 1:Amended Credit/Debit Notes
Goods and Services Tax
Dashboard
Services ▼ Notifications & Circulars ▾ Acts & Rules ▼▾ Downloads
Dashboard > Returns > GSTR-1
Amended Credit/Debit Notes – Summary
Uploaded by Taxpayer
Uploaded by Receiver
Modified by Receiver
Financial Year
2015-16
Q
Search Keywords
â–¼
Month
GIN
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Ganesh Harvest Solutions â–¾
This section helps you
to amend Credit/Debit
Notes.
Credit/Debit Note No.âš«
January
à¼â€¹
Enter Credit/Debit Note No.
AMEND NOTE
Original Credit

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T
Action
No.
Date
Rate (%)
Amount (*)
Rate (%)
Amount (*)
Rate (%)
Amount (*)
1.
0099
12/01/2016
BACK
SAVE
23
GSTR 1: Exports Summary
Goods and Services Tax
Dashboard
Services â–¾ Notifications & Circulars â–¾
Acts & Rules â–¾ Downloads â–¼
Dashboard > Returns > GSTR-1
Exports- Summary
Uploaded by Taxpayer
Q
Search Keywords
GIN
A+ A-
Ganesh Harvest Solutions
This section shows the
Summary of Exports
uploaded.
English
Invoice
No.
Invoice
Date.
Shipping Bill
No.
Shipping Bill
Date
GST
Payment
Total Invoice Value
(Rs.)
Total Taxable Value IGST CGST()
(Rs.)
SGST (*) Actions
(Rs.)
1221
03/04/2016 NYC45363293
06/04/2016
Without
9,00,000.00
7,50,000.00
0901
04/04/2016 NYC45363293
06/04/2016
Without
8,02,090.00
6,68,408.00
1222
04/04/2016 BEL768549480
09/04/2016
With
4,52,090.00
3,76,742.00
37,674.00 37,674.00
1-3 of 3 <>
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24
GSTR 1: Exports – Add Invoice
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars
Acts & Rules â–¾
Downloads
D

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ND INVOICE
English
Original Original
Invoice Invoice
No.
Date
Revised/Original
Invoice No.
Revised/Original
Invoice Date.
Shipping Bill
No.
Shipping
Bill Date
GST
Payment
Total
Invoice
Value (*)
Total
Taxable
Value (*)
IGST (*)
CGST SGST Act
(Rs.)
(Rs.)
1111
03/02/2016
4444
03/04/2016
NYC45363293 16/04/2016
With
6,50,000.00 5,41,667.00 1,08,333.00
1-1 of 1
BACK
26
GSTR 1: Amend Exports Invoices
Goods and Services Tax
Dashboard
Services
Notifications & Circulars â–¼
Acts & Rules
Downloads
Dashboard > Returns > GSTR-1
Amended Exports – Amend Export Invoice
Original Invoice No
1111
Revised/Original Invoice Dateâš«
Supply Typeâš«
Select
GST Paymentâš«
Select
Item Details
Original Invoice Date
03/02/2016
Shipping Bill No.âš«
Total Taxable Value (*)
5,41,667.00
A+ A- |
GIN
Ganesh Harvest Solutions ✓
This section helps you
to amend the Export
Invoices details.
Revised/Original Invoice Noâš«
Shipping Bill Dateâš«
Total Invoice Value (*)
•
Tax on this Invoice

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4,98,500.00
99,700.00
G
96020020
HR
7,56,500.00
1,51,300.00
1-6 of 13 Returns > GSTR-1
to add details of Taxable
outward supplies.
B2C(Small) – Add Details
Supply Typeâš«
Select
Total Taxable Value (*)•
Tax on this Invoice is paid under provisional assessment
Item Details
ADD ITEM
G = GOODS AND S = SERVICES
Sr.
No.
Category
HSN/SAC
State Code
(Place of
Supply)
Aggregate
Taxable
Value (*)
IGST
CGST
SGST
Action
Rate (%)
Amount (*)
Rate (%)
Amount (3)
Rate (%)
Amount (*)
1.
Select
à¼â€¹
Select
2.
Select
à¼â€¹
Select à¼â€¹
BACK
SAVE
E
29
English
GSTR 1: Amended B2C(Small) Details – Summary
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars
Acts & Rules
Downloads
Dashboard > Returns > GSTR-1
Amended B2C(Small) Details – Summary
Uploaded by Taxpayer
Financial Year
2015-16
Original HSN/SAC
Q
Search Keywords
A+ A-
SIN
Ganesh Harvest Solutions â–¾
This section helps you to
amend the details of
Taxable outward supplies.
Month
Original State Code
Januar

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ategory
HSN/SAC
Aggregate
Taxable
Value (*)
IGST
CGST
SGST
Rate (%)
Amount ()
Rate (%)
Amount (*)
Rate (%)
Amou
January
G à¼â€¹
23069
Select à¼â€¹
BACK
SAVE
31
GSTR 1: Nil Rates Supplies
Goods and Services Tax
Dashboard
Services
Notifications & Circulars
Acts & Rules â–¾
Downloads
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Nil Rated Supplies
Item Details
Goods
Interstate supplies to registered person
Intrastate supplies to registered person
Interstate supplies to consumer
Intrastate supplies to consumer
Services
Interstate supplies to registered person
Intrastate supplies to registered person
Interstate supplies to consumer
Intra state supplies to Consumer
A+ A-
GIN
• Ganesh Harvest Solutions â–¾
This section shows you
the Nil rated, Exempted
and Non GST outward
Supplies.
Nil Rated Amount (*)
Exempted Amount (*)
Non-GST Supplies Amount (*)
2,37,880.00
50,000.00
1,00,000.00
1,00,500.00
5,000.00
50,100.00
Nil Rated Amount (*)
Exempted Amount (*)
Non-GST Supplies Amount (*)
3,45,000.0

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€“¾
Downloads
Dashboard > Returns > GSTR-1
Tax Liability – Add Details
Customer GSTIN/UID/Name
Amount of advance received/Value of Supply
provided without raising a bill (*)•
Item Details
Customer State Code âš«
Select
Dateâš«
A+ A-
GIN
Ganesh Harvest Solutions â–¾
This section helps you to
add details of Tax liability
arising on account of
Time of Supply without
issuance of invoice in
the same period.
Supply Type
Select
Document No.âš«
English
ADD ITEM
G = GOODS AND S = SERVICES
Sr.
No.
Category
HSN/SAC of
Supply
Amount of
Advance Received
IGST
CGST
SGST
Action
(Rs.)
Rate (%)
Amount (*)
Rate (%)
Amount (*)
Rate (%)
Amount (*)
1.
Select
BACK
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34
GSTR 1: Amended Tax Liability – Summary
Goods and Services Tax
सत्यमà¥â€¡Ã Â¤Âµ à¤Å“यतà¥â€¡
Dashboard
Services â–¾ Notifications & Circulars
Acts & Rules
Downloads
Dashboard > Returns > GSTR-1
Amended Tax Liability – Summary
Uploaded by Taxpayer
Q
Search Keywords
A+ A-
GIN
Gan

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

aharashtra)
BACK
PROCEED
X
36
Tax already paid on invoices issued in the current period – Summary
Goods and Services Tax
GIN
A+ A-
Ganesh Harvest Solutions
Dashboard Services â–¾ Notifications & Circulars
Acts & Rules â–¼ Downloads
Dashboard > Returns > GSTR-1
Tax already paid on invoices issued in the current period – Summary
This section shows you to
Summary of Tax already
paid (on advance receipt /
on account of time of
supply) on invoices issued
in the current period.
English
Q
Search Keywords
Invoice No.
Transaction ID
Supply Type
TAX Paid on receipt of advance/on account of time of supply
IGST
CGST
SGST
Rate (%)
Amount (*)
Rate (%)
Amount (*)
Rate (%)
Amount (*)
1204
4354545
Intra-State
10
54,478.00
10
54,478.00
1209
3214343
Inter-State
10
54,478.00
Actions
1-2 of 13 <>
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37
Tax already paid on invoices issued in the current period – Add
Goods and Services Tax
Dashboard Services â–¾ Notifications & Circulars
Acts & Rules
Downloads
Dashboard > Returns >

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

upply Typeâ–¾
Inter-State
Intra-State
BACK
UPLOAD
English
39
Supplies made through e-commerce portals of other
companies – Inter State
Goods and Services Tax
GIN
A+ A-
Ganesh Harvest Solutions
Dashboard
Services â–¾ Notifications & Circulars â–¾
Acts & Rules
Downloads
This section shows you
the summary of supplies
made through
commerce portals of other
e-
English
Dashboard > Returns > GSTR-1
Supplies made through e-commerce portals of other companies (Inter-State) – Summary companies (Inter – State).
Uploaded by Taxpayer
Q
Search Keywords
Sr. No. GSTIN of e-commerce
portal â–¾
Merchant ID allocated by e-commerce Total Invoice Value
portal â–¾
(3)â–¼
Total Taxable Value IGST (3)
(Rs.)
CGST
SGST
Actions
(Rs.)
(3)
1
07ABCCD234514Z7
34211
2,00,000.00
1,66,667.00 33,333.00
2
07ABCCD234514Z8
34212
1,25,000.00
1,04,167.00 20,833.00

3
07ABCCD234514Y9
34213
1,75,000.00
1,45,833.00 29,167.00
=
1-3 of 13
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40
Supplies made through e-commerce portals of ot

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

+ A-
Ganesh Harvest Solutions
Dashboard Services â–¾ Notifications & Circulars â–¾
Acts & Rules
Downloads
Dashboard > Returns > GSTR-1
This section shows you
the summary of supplies
made through
commerce portals of other
e-
English
Supplies made through e-commerce portals of other companies (Intra-State) – Summary companies (Intra – State).
Q
Search Keywords
Sr.
No.â–¾
GSTIN of e-commerce
portal â–¾
Merchant ID allocated by e-
commerce portal
Total Invoice Value
(3)
Total Taxable Value
(Rs.)
IGST
(3)
CGST (*) SGST (*)
Actions
1
29DEVCD234514Z7
23170
4,02,000.00
3,35,000.00
33,500.00 33,500.00
2
29DEVCD234514Z8
23171
2,01,000.00
1,67,500.00
16,750.00 16,750.00
3
29DEVCD234514Y9
23172
4,02,000.00
3,35,000.00
33,500.00 33,500.00
1-3 of 13 <>
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42
Supplies made through e-commerce portals of other
companies – Intra State
Goods and Services Tax
GIN
Ganesh Harvest Solutions â–¾
Dashboard
Services
Notifications & Circulars
Acts & Rules
Downloads
Dashboard > R

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

s Accounting
Code (SAC) summary of
outward supplies.
Ganesh Harvest Solutions â–¾
English
= GOODS AND S = SERVICES
Category
Description
HSN Code UQC â–¾
Quantity â–¼
Taxable Value (*)
IGST (*)

CGST()
SGST ()â–¼
Action
G
Spades and shovels
82011000
Piece
543
95,33,320.00
19,06,664.00
G
Spades and shovels
82011000
Piece
235
1,30,00,500.00
G
Fish meal in powdered form
23099032
KG
159
75,40,988.00

13,00,050.00 13,00,050.00
7,54,099.00 7,54,099.00
S
S
Telephone Services
00440003
13,24,321.00 2,64,864.00
General Insurance Business
00440005
14,23,910.00 2,84,782.00
G
Mustard seeds, solvent extracted
23069021
KG
520.5
34,34,240.00 6,86,848.00
G
Mustard seeds, solvent extracted
23069021
KG
100
84,24,243.00 16,84,849.00
G
Mustard seeds, solvent extracted
23069021
KG
150
45,43,210.00
4,54,321.00
4,54,321.00
G
Mustard seeds, solvent extracted
23069021
KG
234
43,90,870.00
4,39,087.00 4,39,087.00
G
Mustard seeds, solvent extracted
23069025
KG
90
24,32,310.00 4,86,462.00
G
Bangles

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

0,00,50
10
25,00,050.
10
25,00,050.
BACK
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45
GSTR – 2
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars â–¼
Acts & Rules
Downloads
Dashboard > Returns > GSTR-2
GSTR-2 – Inward Supplies received by the Taxpayer
GSTIN
28AAACM1090A1Z1
FY 2016-17
Gross Turnover 2,00,000.00
GSTR-2 – Invoice Details
B2B Invoices
Section 4
Business Name â—† Manuj Industries Ltd.
Return Period �April
Status Pending
SAVE
A
This section shows the
Invoice details for Inward
Supplies received by the
Taxpayer under various
heads of GSTR-2.
GIN
Ganesh Harvest Solutions â–¾
Due Date 15/05/2016
âÅһ English
6
Amended B2B Invoices
Section 4A
2
Import Of Goods/Capital Goods
Section 5
2
Pending for Action 5
Pending for Action 1
Pending for Action NA
*21,97,404
*4,39,480.80
*3,99,218
*7,04,432
Total Taxable
Value
Tax Paid
ITC Availed
Total Taxable
Value
1,24,150
Tax Paid
€1,24,150
*29,16,925
*5,83,385
€4,85,470
ITC Availed
Total Taxable
Value
Tax Paid
ITC Avai

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

€1,78,130
Differential tax
ITC Availed
Tax Credit Received
5
TDS Credit Recieved
Section 10(1)
Pending for Action NA
11,800
TDS Received
GIN
2
5
TCS Credit Recieved
Section 10(2)
3
6
Tax Liability Under Reverse Charge
Section 12
2
Pending for Action NA
€3,01,410
Total Taxable
Value
6
ITC Reversal
Section 14
€60.282
Tax Paid
Pending for Action NA
€1,52,000
Total ITC Reversed
3
Pending for Action NA
€43,439
TCS Received
Amended Tax Liability Under
Reverse Charge
Section 12A
Pending for Action NA
3,36,000
Total Taxable
Value
€67,200
Tax Paid
HSN/SAC Summary Of Inward Supplies
Section 15
Pending for Action NA
€3,13,10,853
€62,55,684
Total Taxable
Tax Paid
Value
BACK
PREVIEW
FILE GSTR-2
1
DSC
EVC
E SIGN
47
GSTR 2: B2B Invoices – Supplier Details
Goods and Services Tax
GIN
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Ganesh Harvest Solutions
Dashboard Services â–¾ Notifications & Circulars Acts & Rules Downloads
Dashboard Returns > GSTR-2
This section shows
the
registered
suppli

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

mitted
6/4/2016
29ADECS9084R5Z4 (STARK PVT LTD.)
1201
98,138.00
2,35,530.00 Submitted
18/4/2016
29ADECS9084R5Z4 (STARK PVT LTD.)
1202
2,67,558.00
3,21,070.00 Submitted
21/4/2016
29ADECS9084R5Z4 (STARK PVT LTD.)
1203
1,70,394.00
6,13,420.00 Submitted
28/4/2016
29ADECS9084R5Z4 (STARK PVT LTD.)
1204
5,44,783.00
6,53,740.00 Submitted
1-5 of 13
BACK
PENDING
REJECT
ACCEPT
49
GSTR 2: B2B Invoices – Edit
Goods and Services Tax
GIN
A+ A-
Ganesh Harvest Solutions
This section helps
Dashboard
Services
Notifications & Circulars
Acts & Rules
Downloads
Dashboard > Returns > GSTR-2
you
B2B Invoice – Edit
Supplier GSTINâš«
29ADECS9084R5Z4
Supplier Name
STARK PVT LTD.
Invoice Date •
04/04/2016
Total taxable Value (*)
2,85,067.00
Supply Type
Intra-State
ITC Available this month (*)
57,014.00
Item Details
Supply Attract Reverse Charge
No
POS (only if different from location of recipient)
ÃŽšÃŽâ۬
to
edit
Invoices of the
registered supplier.
Invoice No âš«
1200
Total Invoice Value (*)
3,42,08

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

NG
REJECT
ACCEPT
51
GSTR 2: Amended B2B Invoices – Taxpayer Details
Goods and Services Tax
A+ A-
GIN
Ganesh Harvest Solutions
Dashboard
Services
Notifications & Circulars
Acts & Rules â–¾ Downloads
This section shows
Dashboard > Returns > GSTR-2
Amended B2B Invoices – Summary
you the Amended
Invoices uploaded
by Taxpayer.
Uploaded by Supplier Uploaded by Taxpayer
Modified by Supplier
Financial Year
2015-16
Q
Search Keywords
Month
January
Enter Invoice No.
Enter Invoice No
AMEND INVOICE
Dateâ–¾
Supplier Details
Invoice Noâ–¾
Total Taxable value (*) â–¼
Total Invoice Value (*) â–¼
Actions
21/01/2016
29ADECS9084R5Z4
1191
4,18,408.00
5,02,090.00
1-5 of 13
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52
GSTR 2: Amended B2B Invoices – Taxpayer Details
Goods and Services Tax
Dashboard
Services
Notifications & Circulars
Acts & Rules â–¼
Downloads â–¾
Dashboard > Returns > GSTR-2
Amended B2B Invoices – Amend Invoice
Supplier GSTIN/UIDâš«
29ADECS9084R5Z4
Original Invoice Dateâš«
21/01/2016
Total Taxa

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ummary of Goods
/Capital goods received
from overseas (import
of Goods).
Bill of Entry No. â–¾
Bill of Entry Date
Total Taxable Value (Rs.)
IGST (7) â–¼
Actions
DEL324374
01/04/2016
20,83,300.00
4,16,660.00
MUM32434
15/04/2016
8,33,625.00
1,66,725.00
1-2 of 13 <>
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54
GSTR 2: Import of Goods – Add
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars â–¼
Acts & Rules â–¾ Downloads â–¼
Dashboard > Returns > GSTR-2
Import Of Goods – Add
Bill of Entry No.âš«
Item Details
Sr.
No.
1
GIN
A+ A-
Ganesh Harvest Solutions â–¾
This section helps you
to add details of
Goods /Capital goods
received from overseas
(import of Goods).
Bill of Entry Dateâš«
Total Taxable Value(*)*
0.00
Bill of Entry
IGST
Eligibility for
ITC
Total IGST available
as ITC (*)
Value (*)
HSN
Taxable value (Rs.)
Rate (%)
Amount (*)
Input
ADD ITEM
ITC available Action
this month
(3)
BACK
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55
GSTR 2: Amended Import of Goods -Summary
Goods and Services

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

t
Original Bill of Entry No.âš«
BGR34290
Revised/Original Bill of Entry Dateâš«
19/01/2016
Item Details
you to edit amended
imports of Goods.
✗
Original Bill of Entry Dateâš«
Revised/Original Bill of Entry No.âš«
19/01/2016
BGR34290
Total Taxable Value(*)•
48,39,667.00
ADD ITEM
Sr.
No.
Bill of Entry
IGST
Eligibility for
ITC
Total IGST
available as ITC
ITC available this month Action
(title=”currency”)
Value (*)
HSN
Taxable value
(Rs.)
Rate (%)
Amount (*)
(Rs.)
1
58,07,600.00
82011000
24,19,833.00
20
20
4,83,967.00
Input
â–¼
4,83,967.00
4,83,967.00
2
58,07,600.00
23069021
24,19,833.00
20
20
4,83,967.00
Capital â–¼
4,83,967.00
2,41,983.00
BACK
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57
GSTR 2: Import of Services
Goods and Services Tax
Dashboard Services â–¾
Notifications & Circulars
Acts & Rules â–¼ Downloads
Dashboard > Returns > GSTR-2
Import Of Services – Summary
Uploaded by Taxpayer
Q
Search Keywords
GIN
A+ A- | Ganesh Harvest Solutions
This section shows you
summary of services

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ations & Circulars â–¾
Acts & Rules â–¾
Downloads
Dashboard > Returns > GSTR-2
Import Of Services – Edit
Invoice No.âš«
54121
Item Details
Invoice Date
18/04/2016
GIN
A+ A-
Ganesh Harvest Solutions â–¾
This
section
helps.
you to Edit details of
Import of Services.
Total Taxable Value (*)•
3,42,560.00
X
ADD ITEM
Sr.No.
Invoice
IGST
Eligibility for
ITC
Total ITC
Admissible (*)
ITC Admissible
this month (*)
Action
Value (*)
SAC
Taxable value (Rs.)
Rate (%)
Amount (*)
1,14,186.00
00440029
95,156.00
20
19,301.00
Input
19,031.00
19,031.00
2
1,14,186.00
00440032
95,156.00
20
19,301.00
Transf à¼â€¹
19,031.00
19,031.00
3
1,14,186.00
00440035
95,156.00
20
20
19,301.00
Input
â–¼
19,031.00
19,031.00
BACK
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60
GSTR 2: Amended Import Of Service – Summary
Goods and Services Tax
सत्यमà¥â€¡Ã Â¤Âµ à¤Å“यतà¥â€¡
Dashboard
Services
Notifications & Circulars
Acts & Rules â–¾ Downloads
Dashboard > Returns > GSTR-2
Amended Import Of Se

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

«
Total Taxable Value (*) •
18/03/2016
2,02,133.00
Item Details
Revised/Original Invoice No.
54121
Sr.
No.
Value (*)
Revised/Original Invoice
IGST
Eligibility for ITC
ITC Admissibility
SAC
Taxable value (*)
Rate (%)
Amount (*)
Total ITC
Admissible
(3)
ITC
Admissible
this month (*)
1.
80,853.00
00440029
67,378.00
20
20
13,476.00
Input
13,476.00
13,476.00
2.
80,853.00
00440032
67,378.00
3.
80,853.00
00440048
67,378.00
20
20
13,476.00
Transfer to ISD
20
20
13,476.00
None
13,476.00
13,476.00
à¼â€¹
13,476.00
13,476.00
ADD ITEM
Action
BACK
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62
GSTR 2: Credit/Debit Notes- Summary
Goods and Services Tax
Dashboard Services â–¾ Notifications & Circulars â–¼ Acts & Rules â–¾ Downloads
Dashboard ۼ Returns ۼ GSTR-2
Credit/Debit Notes- Summary
Uploaded by Taxpayer
Uploaded by Supplier
Modified by Supplier
Q
Search Keywords
GIN
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Ganesh Harvest Solutions
This section shows
you the summary of
Credit/Debit Notes.
Credit/Debit Note No â–¾ Credit/Debit Note Dat

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

(*)
Amount (*)
Amount (*)
Amount (*)
Amount (*)
Input
1.
BACK
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64
GSTR 2: Credit/Debit Summary -Uploaded by Supplier
Goods and Services Tax
A+ A- |
GIN
Ganesh Harvest Solutions
Dashboard Services â–¾ Notifications & Circulars
Acts & Rules â–¾ Downloads
Dashboard ۼ Returns ۼ GSTR-2
Credit/Debit Notes- Summary
Uploaded by Taxpayer Uploaded by Supplier Modified by Supplier
Q
Search Keywords
This section shows
you the summary of
Credit Debit Notes
uploaded by Supplier.
Credit/Debit Note No Credit/Debit Note Date Note Type
Differential Value(Plus or Minus) IGST (3) CGST (7) SGST (7) Status Actions
(3) â–¼
C-T1028
12/04/2016
Credit
+10,000
1,000.00
1,000.00 Submitted
1-5 of 13
BACK
PENDING
ACCEPT
REJECT
65
GSTR 2: Credit/Debit Notes – Edit
Goods and Services Tax
you
A+ A- |
GIN
Ganesh Harvest Solutions
section helps
to Edit the
details of Credit /
Debit Notes.
Dashboard
Services â–¼
Notifications & Circulars
Acts & Rules
Downloads
This
Dashboard > Returns >

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

y Supplier Uploaded by TaxPayer
Modified by Supplier
Q
Search Keywords
GIN
A+ A- |
Ganesh Harvest Solutions
This section shows
you summary of
amendment to details
of Credit/Debit Notes
of earlier Tax periods.
C/D Note Date â–¾
C/D Note Noâ–¾
Note Type
Differential Value(Plus or Minus) (3) â–¼
Statusâ–¾
Actionsâ–¾
12/03/2016
C-R028
Credit
+50,000
Submitted
1-5 of 13 <>
BACK
PENDING
ACCEPT
REJECT
67
GSTR 2: Amended Credit/Debit Notes- Edit
Goods and Services Tax
Dashboard
Services
GIN
|
Ganesh Harvest Solutions
This section helps
Notifications & Circulars
Acts & Rules
Downloads
you to Edit Credit/
Debit
Notes
Dashboard > Returns > GSTR-2
Credit/Debit Notes Amendments – Edit
Supplierâš«
29ADECS9084R5Z4
Original Debit/Credit Note Dateâš«
12/03/2016
Reason for Issuing Note
Sales Return
Supplier Name
STARK PVT LTD.
Original/Revised Debit/Credit Note No. ❤
C-R028
Differential value
+50000
ITC available this month (*)
10000.00
Supply Typeâš«
Inter-state
% Reve

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

2
28CDECA1044A1Z1
Intra
90,000.00
45,000.00
45,000.00
BACK
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69
GSTR 2: ISD Credit Received – Edit
Goods and Services Tax
Dashboard
Services â–¾ Notifications & Circulars â–¾
Acts & Rules â–¾
Downloads
This
Dashboard > Returns > GSTR-2
ISD Credit Received – Edit
GSTIN
24ZCEPU3333P1Z5
Details
Sr. No.
Invoice/Doc No.
1.
003401
2.
332305
Supplier Name
Kamath Foods Pvt Ltd
GIN
A+ A-
Ganesh Harvest Solutions
section
helps
you to Edit details of
ISD credit received.
Supply Type
Inter-State
Invoice/Doc Date
IGST – ISD Credit (*)
12/04/2016
42,300.00
19/04/2016
3.
112034
25/04/2016
32,400.00
13,430.00
ADD ITEM
Action
E
BACK
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70
GSTR 2: ISD Credit Received – Add
Goods and Services Tax
Dashboard Services
Notifications & Circulars
Acts & Rules
Downloads
Dashboard > Returns > GSTR-2
ISD Credit Received – Add
GSTIN_ISD
Details
GIN
A+ A- |
Ganesh Harvest Solutions
This
section
helps
you to Add details of
ISD credit received.
✗
Supplier Name
Supply Type
Inter-State

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Nil Rated Supply (*)
Non-GST Supply (*)
1,50,000.00
Intra State
Supplies
00440008
BACK
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72
GSTR 2: TDS Credit Received – Summary
Goods and Services Tax
Dashboard Services â–¾ Notifications & Circulars
Acts & Rules â–¾ Downloads â–¾
Dashboard > Returns > GSTR-2
TDS Credit Received – Summary
Uploaded by Supplier
Q
Search Keywords
Supplier Details
Total IGSTâ–¾
02DDDCK3434S2Z3
3,500.00
GIN
A+ A-
Ganesh Harvest Solutions
This section shows.
summary of TDS
Credit received.
Total CGSTâ–¾
Total SGSTâ–¾
Statusâ–¾
Submitted
02DDDCK3434S2Z3
1,900.00
1,900.00
Submitted
29ADECS9084R5Z4
4,500.00
Submitted
1-3 of 13 <>
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ACCEPT
73
GSTR 2: TCS Credit Received
Goods and Services Tax
GIN
A+ A-
• Ganesh Harvest Solutions
Dashboard
Services â–¾ Notifications & Circulars â–¾
Acts & Rules â–¾ Downloads
This section shows.
Dashboard > Returns > GSTR-2
summary of TCS
Credit received.
TCS Credit Received – View
Q
Search Keywords
Sr.
GSTIN of E-

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

rce portal
Gross Value of
Supplies (*)
Taxable Value on which TCS has
TDS_IGST
Action
been Deducted (*)
Rate (%)
Amount (*)
1
07CQZCD1111142
323430
10,00,500.00
5,00,000.00
10
1,00,000.
BACK
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75
GSTR 2: TCS Credit Received – Add
Goods and Services Tax
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This section helps
you to Add details of
TCS Credit received.
TCS Credit Received – Add
GSTIN of E-Commerce Portal •
Merchant ID allocated by e-commerce portal
Supply Type
Select
Item Details
ADD ITEM
Sr.
GSTIN of E-
Merchant ID allocated by e-
No.
commerce Portal
commerce portal
Gross Value of
Supplies (*)
Taxable Value on which TCS has
been Deducted (*)
TDS_IGST
Action
Rate (%)
Amount (*)
1
BACK
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76
GSTR 2:ITC Received on which Partial Credit Availed – Summary
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars â–¼
Acts & Rules â–

= = = = = = = =

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= = = = = = = =

.
Original Invoice/Doc Date
IGST – ITC availed Earlier (*)
IGST – ITC availed This month (*)
Action
BACK
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78
GSTR 2: ITC Received – Edit
Goods and Services Tax
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you to Edit details
of ITC received.
ITC Received – Edit
Supply Type
Inter-State
Details
Sr. No.
1
à¼â€¹
✗
ADD ITEM
Original Invoice/Doc No.
Original Invoice/Doc Date
IGST – ITC availed Earlier (*)
IGST – ITC availed This month (Rs.)
Action
02305
12/02/2016
2,400.00
2,400.00
BACK
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79
GSTR 2: Tax Liability under Reverse charge – Summary
Goods and Services Tax
Dashboard Services
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Tax Liability under Reverse charge – Summary
Uploaded by Taxpayer
Q
Search Keywords
Date
12/04/2016
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This section shows you
summary of Tax liabi

= = = = = = = =

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= = = = = = = =

ts & Rules â–¾
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Dashboard > Returns > GSTR-2
Tax Liability under Reverse charge – Edit
Supplier GSTIN/GDI/UIDâš«
29ADECW7867R1Z9
Supply Typeâš«
Inter-State
Item Details
Sr.
No.
Supplier Name
Wadhera Polymers Private limited
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This section helps you
to Edit details of Tax
liability under Reverse
Charge.
Total Taxable Value (*)•
1,52,000
ADD ITEM
State Code
Document No.
Date
Category
Supply Type
HSN/SAC of
supplyâš«
Taxable value
(Rs.)
Tax
Action
IGST
Rate (%)
Tax
1
29
29
2
29
29
3
29
29
23220
4/12/2016
Goods
INTER
23069021
55600.00
20
20
23220
4/12/2016
Goods
11,120.00
INTER
23069025
71,000.00
20
14,200.00
23220
4/12/2016
Goods
à¼â€¹
INTER
23099032
25,400.00
20
20
5,080.00
BACK
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82
GSTR 2: Amended Tax Liability under Reverse Charge – Summary
Goods and Services Tax
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Amended

= = = = = = = =

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= = = = = = = =

ails of
Amended Tax liability
under Reverse Charge.
Revised Supplier GSTIN/GDI/UIDâš«
29APPCS8784R1Z4
ADD ITEM
Sr.
Original Details
Revised Details
No.
Taxable
value (*)
Tax
Action
Document
Date
State Code
No.
Document
No.
Date
Category
HSN/SAC of
IGST
supplyâš«
Rate (%)
Tax (*)
1
032350
12/03/201
29
032350
12/03/201
Goods
23069021
1,21,000.0
20
24,200.00
2
032350
12/03/201
29
29
032350
12/03/201
Services
00440005
2,15,000.0
20
20
43,000.00
BACK
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84
GSTR 2: Amended Tax Liability under Reverse Charge – Amend
Goods and Services Tax
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Amended Tax liability
Dashboard > Returns > GSTR-2
Amended Tax Liability under Reverse Charge – Amend
Original Supplier GSTIN/GDI/UIDâš«
29APPCS8784R1Z4
Total Taxable Value
Item Details
Original Details
Sr.
No.
Document
No.
under Reverse Charge.
✗
Supplier Name
Revis

= = = = = = = =

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= = = = = = = =

5,000.00
25,000.00
12100
30/04/2016
4310099
50,200.00
90100
30/04/2016
4310098
20,000.00


25,100.00
25,100.00
10,000.00
10,000.00
BACK
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自
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86
GSTR 2: Tax paid under Reverse Charge – Add
Goods and Services Tax
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Tax paid under Reverse Charge – Add
This section helps you
to add invoices for Tax
paid under Reverse
Charge.
Invoice No.âš«
Details
Invoice Dateâš«
Supply Type
•
Intra-State
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Sr. No.
Transaction Id*
CGST – Paid on Time of Supply
SGST – Paid on Time of Supply
Action
Rate (%)
Tax (*)
Rate (%)
Tax (3)
1.
*Number assigned by the system when tax was paid
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GSTR 2: Tax paid under Reverse Charge – Edit
Goods and Services Tax
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= = = = = = = =

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TR 2: ITC Reversal – Add
Goods and Services Tax
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ITC Reversal – Add
Supply Type âš«
Reason for ITC Reversalâš«
Select
Item Details
Sr.No
1
Description
Select
ITC Reversal
IGST
Amount (*)
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Action
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GSTR 2: ITC Reversal – Edit
Goods and Services Tax
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ITC Reversal – Edit
you to Edit details
of ITC Reversal.
Supply Type âš«
Inter-State
Item Details
Sr.No
1
Reversal of ITC
Reason for ITC Reversalâš«
à¼â€¹
Reversal on ITC availed on common input/inpu
Description
✗
ADD ITEM
ITC Reversal
Action
IGST
Amount (*)
1,00,000.00
BACK
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91
GSTR 2: HSN/SAC Summary of Inward supplies

= = = = = = = =

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= = = = = = = =

,424.00
11,68,485.00
ITC Availed
5
GOODS
Mustard seeds,
solvent extracted
23069021 KGS
150
�intra state
Purchases
1,54,321.00
15,432.00
15,432.00
自
自
6
GOODS
Mango kernel,
solvent extracted
23069025 KGS
90
No ITC Availed
32,432.00
B
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GSTR 2 : HSN/SAC Summary of Inward supplies – Add
Goods and Services Tax
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HSN/SAC Summary of Inward supplies – Add
Item Details
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the items under Harmonized
System of Nomenclature
(HSN) and Services
Accounting Code (SAC)
summary of Inward supplies.
✗
ADD ITEM
Sr.
Category
Description HSN/SAC UQC
Quantity
Type of Inward Supplies
Taxable
Value/Value
IGST Credit
Actions
No.
of inward
supply (*)
Rate (%) Amount (*)
1
Select à¼â€¹
Select
à¼â€¹
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wa
GSTR 2: HSN/SAC Summary of Inward supplies – Edit
Go

= = = = = = = =

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= = = = = = = =

6-17
Turnover Details
Section 5
*5,81,00,940
Gross Turnover
Total Tax Liability
Section 8
*53,87,890
IGST
Tax Paid
Section 11
*35,53,759
IGST
Business Name
Manuj Industries Ltd.
Return Period â—† April
Status
Pending
Outward Supplies
Section 6
Return.
Due Date 20/05/2016
Inward Supplies
Section 7
*34,79,740
51,74,232
*25,79,168
*25,79,168
*10,79,890
Net Taxable Turnover
IGST
CGST
SGST
IGST
*1,32,837
CGST
*1,32,837
SGST
TDS Credit
Section 9
*25,35,893
CGST
*25,35,893
SGST
Rs.1,60,000
IGST
Refund Claim
Section 12
ITC Credit
Section 10
*38,000
CGST
*38,000
SGST
14,71,401
12,92,956
IGST
CGST
*12,92,956
SGST
*35,32,674
*35,32,674
*5,04,730
€2,11,790
CGST
SGST
IGST
CGST
*2,11,790
SGST
BACK
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EVC
E SIGN
FILE GSTR-3
96
GSTR-3
97
GSTR 3: Turnover Details
Goods and Services Tax
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GSTIN 28AAACM1090A1Z1
FY 2016-17
5.Turn Over Details
Gross Turnover (*)
Export Turnover (*)
Bus

= = = = = = = =

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= = = = = = = =

,320.00
6.2
Intra-State Supplies to Registered Taxpayers
2,00,53,300.00
20,05,330.00
20,05,330.00
6.3
Inter-State Supplies to Consumers
50,27,060.00
10,05,412.00
6.4
Intra-State Supplies to Consumers
48,55,330.00
4,85,533.00
4,85,533.00
6.5
Exports
95,05,900.00
2,73,500.00
64,805.00
64,805.00
6.6
Revision of Invoices
4,90,000.00
98,000.00
23,500.00
23,500.00
6.7
Total Tax Liability on Outward Supplies
5,89,18,190.00
51,74,232.00
25,79,168.00
25,79,168.00
BACK
99
GSTR 3: Inward Supplies
Goods and Services Tax
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GSTIN 28AAACM1090A1Z1
FY 2016-17
7.Inward Supplies
Business Name �Manuj Industries Ltd.
Return Period â—† April
Status Pending
Details of Inward Supplies are auto-populated from GSTR-2
Section No.
Section Name
7.1
Inter-State Supplies Received
7.2
Intra-State Supplies Received
7.3
Imports
7.4
Revision of Invoices
7.5
Tax Liability
7.6
ITC Reversal
This

= = = = = = = =

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= = = = = = = =

Tax
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9.TDS Credit
Details of TDS Credit are auto-populated from GSTR-2
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TDS Credit received
during the month.
ÃÆ’—
Sr. No.
GSTIN/GDI/of TDS deductor
IGST
CGST
SGST
Rate (%)
Tax (3)
Rate (%)
Tax ()
Rate (%)
Tax (3)
28DDDFP3434S2Z3
1
02DDDFP3434S2Z3
2
3
29ADECO9084R5Z4
20
20
20
20
70,000.00
10
38,000.00
10
38,000.00
90,000.00
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GSTR 3: ITC Credit
Goods and Services Tax
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you the details of
ITC Credit received
during the month.
10. ITC Credit
1
2
3
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Sr. No.
Description
IGST
CGST
SGST
Rate (%)
Tax ()
Rate (%)
Tax (3)
Rate (%)
Tax (*)
Inputs
Capital Goods
Input Services
20
20
4,72,045.00
10
2,22,500.00
10
2,22,

= = = = = = = =

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= = = = = = = =

5,00.00
250.00
250.00
4
Interest
6
Penalty
15,750.00
C2312
4,500.00
5,625.00
5,625.00
Others(Please
7
1,000.00
C5487
200.00
400.00
400.00
specify)
1
1
1
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104
GSTR 3: Refund Claim
Goods and Services Tax
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Refund claims of excess
ITC in specified cases
and refund / adjustment
of excess paid earlier.
12. Refunds�claim of excess ITC in specified cases and refund/adjustment of excess tax paid earlier
Sr. No.
Description
IGST (3)
CGST()
SGST ()
1
Refund of ITC accumulation claimed in specified cases
63,770.00
32,400.00
32,400.00
Excess amount of tax paid earlier
A. Refund
B. Adjustment to cash ledger
3
Refund from Cash ledger
4
Bank Account Number
05587384823
123,400.00
90,800.00
90,800.00
250,000.00
45,390.00
45,390.00
67,560.00
43,200.00
43,200.00
BACK
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105
Tax Payment
106
Dashbo

= = = = = = = =

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= = = = = = = =

Id
kfoods@gmail.com
Address
C-134, Kamla Nagar, Delhi-110070
Tax()
Interest(*)
Penalty(*)
GIN
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English
Challan Expiry Date
29/02/2016
Fees()
Other()
Mobile Number
+91-9876453210
Total(*)
1,000
250
250
500
5,000
2,000
1,000
750
750
500
5,000
1,000
250
250
500
5,000
CGST(0001)
IGST (0002)
Delhi GST (0004)
Total Challan Amount: 15,000/-
3,000
3,000
Total Challan Amount (In words): Rupees Fifteen Thousands only
Select Mode of E-Payment
Preferred Banks
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Credit/Debit Cards
ere you
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choose the mode of
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making an E-payment.
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Dashboard: Pay Tax – Over the Counter
> GST Services > Payments
Create Challan
Saved Challan
Challan History
Challan Details
Tax (*)
CGST(0001)
IGST (0002)
Delhi
GST(0004)
Total Challan Amount:
Total Challan Amount (In words): Rupees
GIN
English
Interest()
Penalty()
Fees()
Other(*)
Total()
Payment Modes
E-Payment
Over The Counter
ICICI
ALLAHABAD BANK
BANK OF BARODA
NEFT/RTGS
CENTRA

= = = = = = = =

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= = = = = = = =

-134, Kamla Nagar, Delhi-110070
CGST (0001)
IGST (0002)
Delhi GST (0004)
Total Challan Amount:Rs.15,000/-
Tax(*)
3,000
Interest()
1,000
Penalty(*)
This s
section shows
you the details of
Challan generated for
Over the Counter
payments.
GIN
anesh Harvest Solutions
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Challan Expiry Date
29/02/2016
Mobile Number
+91-9876453210
Fees(*)
250
250
Other(*)
Total(*)
500
5,000
2,000
1,000
750
750
500
5,000
3,000
Total Challan Amount (In words):Rupess Fifteen Thousands only
Mode Of Payment
Cheque
1,000
250
250
500
5,000
Over The Counter
Bank Name
State Bank Of India
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110
Dashboard: Pay Tax – NEFT/RTGS
Goods and Services Tax
Dashboard
Services
> GST Services > Payments
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you to
make
payment through
NEFT/RTGS mode.
Create Challan
Saved Challan
Challan History
Challan Details
Tax (*)
Interest(*)
Penalty()
Fees()
Other(*)
Total()
Select
Popular Banks
CGST(00

= = = = = = = =

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= = = = = = = =

nerated
for NEFT/RTGS.
Challan Expiry Date
29/02/2016
Mobile Number
+91-9876453210
Fees(*)
Other()
Total (*)
250
500
5,000
2,000
1,000
750
750
500
5,000
3,000
1,000
250
250
500
5,000
Delhi GST (0004)
Total Challan Amount: Rs.15,000/-
Total Challan Amount (In words) :Rupees Fifteen Thousands only
NEFT/RTGS
Beneficiary Details
Account Name
RBIPAD
Remitting Bank Name
Payee Bank
RBI
State Bank Of India
Account Number
IFSC Code
11223344556600
IFJK123344
English
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112
Saved Challan
Goods and Services Tax
Dashboard Services â–¾ Notifications & Circulars â–¼ Acts & Rules
> GST Services > Payments
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the details
Saved Challans.
English
Create Challan Saved Challan
Challan History
Reference Number
Created On
Amount()
Mode
Expiry Date
Action
CLN0700000001
10/01/2015 22:12:55
1,000
E-Payment
17/01/2015
10
CLN0700000002
12/01/2015 22:12:55
2,000
Not Selected
19/01/2015
CLN0700000003
13/01/2015 22:12:55
1

= = = = = = = =

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= = = = = = = =

/RTGS
08/05/2016
07/05/2016 15:15:21
PAID
16050700000022
10/05/2016 08:15:16
20,000
E-Payment
18/05/2016
12/05/2016 15:15:21
PAID (P)
16050700000033
18/05/2016 15:15:11
20,000
E-Payment
25/05/2016
NOT PAID
16020600000033
01/06/2016 20:15:22
20,000
E-Payment
08/06/2016
2/06/2016 15:15:21
PAID
16020600000001
2/06/2016 20:15:22
20,000
E-Payment
09/06/2016
AWTD
References
AWTD – Payment Confirmation Awaited,
PAID (P) – Paid Provisional,
CHQD – Cheque Dishonored, REV – Reversed,
NP(CR) – Not Paid- Conditional Receipt,
EXP – Expired, CLP – Cheque/ DD Pending Clearance,
PP(OFC) – Provisional Payment at Com Tax Office
English
114
Utilize ITC/Cash
Goods and Services Tax
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Utilize Cash and ITC | Manuj Industries Ltd. 28AAACM1090A1Z1
Particulars
Return Related Liability
GSTR 3
Assesed/Appeal related liability
Demand ID
Tax payable on opening stock on converting from normal to compounding scheme

= = = = = = = =

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= = = = = = = =

Time and Valuation of Supply under Revised GST Law

Time and Valuation of Supply under Revised GST Law
By: – Sanjeev Singhal
Goods and Services Tax – GST
Dated:- 28-12-2016

This chapter will focus on time of supply of goods and services vis a vis valuation of supply which includes goods and services. Both are very significant part of any business vis a vis taxation . Time is important for point of tax that when the liability to pay tax will arise on goods and service . Similarly Valuation on what value the tax shall be levied by Government. For valuing any goods what to include and not to include is subject matter of big discussion. This has all been incorporated in Section 12,13,14 and 15 of the MGL. Main basis of valuation is transaction value. Now under revised GST law “Determination of value of supply of Goods and Services Rule,2016.” has been withdrawn . Let us address the issue one by one. Time of supply of goods and services has been defined in Section -2.
Section 2[104] “Time of Supply of Goods” shall have the

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= = = = = = = =

In case of supply of vouchers
* Date of supply of voucher, if it can be identify
* Date of redemption of voucher in all other cases
In case it is not possible to establish the time of supply as discussed above then
* Date of periodical return has to be filed
* Date on which SGST / CGST is paid
Time of supply of services [ Sec. 13 ]
* The liability to pay CGST and SGST shall arise only at the time of supply of
services. Time of supply of services shall be :
* Date of issue of invoice or the last date of issue of invoice u/s 28
* At the time of receipt of payment
If the payment received by the supplier is up to ₹ 1000 in excess of amount written in invoice, time of supply for such excess shall be at the option of supplier, may be the date of issue of invoice
In case where tax is payable on supply of services under reverse charge, earliest of the following;
* Date on which payment is made
* Date immediately after 60 days from the date of invoice
Where

= = = = = = = =

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= = = = = = = =

ceived after the change of rate of tax , time of supply shall be earliest of the invoice or payment
* Where the invoice is raised before the change of rate of tax and payment is received after the change of rate of tax, date of invoice shall be time of supply.
* Where payment is received before change of rate of tax and invoice is issued after the change of rate of tax, time of supply shall be date of receipt of payment
In the case of goods or services have been supplied after the change of effective rate of tax
* Where the payment is received after the change of rate of tax and invoice is raised before change of rate of tax, time of supply of services shall be date of date of receipt of payment.
* Where the invoice is raised after the change of rate of tax and payment is received before the change of rate of tax , time of supply shall be date of date of invoice.
* Where the invoice is raised and payment is received before the change of rate of tax , time of supply shall be

= = = = = = = =

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= = = = = = = =

r delayed payment of consideration for any supply.
Following shall not be included;
i] Transaction value shall not include any discount allowed before or at the time of
supply provided such discount is recorded in the invoice.
ii] discounts is given after the supply but such discount is as per the agreement
already entered before the supply and is linked to relevant invoices. And Input tax
credit is reversed by the recipient of supply on such discount.
Where the value can not be determined as per sub section 1, the same shall be determined as may be prescribed.
FAQ on Valuation of supply of goods and services
* What is transaction value?
Transaction value refers to price actually paid or payable for supply of goods or services where the supplier and recipient are not related.
Are there separate provision for valuation in SGST,CGST and IGST for goods and service ?
No. Section 15 is common for all three taxes and also common for goods and services.
Weather post supp

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SECTION 167. AMOUNT OF CENVAT CREDIT CARRIED FORWARD IN A RETURN TO BE ALLOWED AS INPUT TAX CREDIT

SECTION 167. AMOUNT OF CENVAT CREDIT CARRIED FORWARD IN A RETURN TO BE ALLOWED AS INPUT TAX CREDIT
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 28-12-2016

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-I
SECTION 167. AMOUNT OF CENVAT CREDIT CARRIED FORWARD IN A RETURN TO BE ALLOWED AS INPUT TAX CREDIT
The following provisions have been incorporated under CGST Laws:-
A registered taxable person, other than a person opting to pay tax under section 9, shall be entitled to take, in his electronic credit ledger, the amount of cenvat credit carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished, by him under the earlier

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ry forward of credit pertaining to return filed under earlier law was expected to be denied in GST regime.
As regards the proviso is concerned, the same is a better version of the earlier proviso in old GST Law. As per old proviso, it was specified that credit will be available only if the credit was admissible both under earlier law and under the GST law. This provision was very difficult to comply as there are different provisions under present laws and GST laws. As far as credit availment in present scenario is concerned, the same is governed by Cenvat Credit Rules, 2004 whereas credit under GST regime is governed by section 16 of the GST Act, 2016 and there are significant differences. For example, under Cenvat Credit Rules, 2004, the

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Laws and so whether credit of entry tax will be available in all States or only in States where it is cenvatable. This is for the reason that the proviso merely states that registered taxable person shall not be allowed to take credit unless the said amount is admissible as input tax credit under this Act. Under GST regime, all taxes are cenvatable and one opinion may be that credit of entry tax will be allowed even if the same was not allowed under earlier law. However, the revenue authorities will not accept such an interpretation and will definitely dispute credit of entry tax if the earlier State Laws denied it.
New provisos have been added regarding credit under section 3, 5(3), 6 or 6A of the Central Sales Tax Act, 1956. It is provi

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TIME OF SUPPLY OF SERVICES

TIME OF SUPPLY OF SERVICES
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 28-12-2016

Introduction
With the immense effort in the present service tax regime, finally the government was able to form the refined principles for determination of point of taxation of services. The government in the GST regime has tried to continue its legacy of Point of Taxation principles for identification of time of supply of services.
Time of Supply of Services
The provisions related to time of supply of services are contained in Section 13 of the revised Model GST Act which reads as under :-
“13. Time of supply of services
(1) The liability to pay CGST/SGST on services shall arise at the time of supply, as determined in terms of the provisions of this section.
(2) The time of supply of services shall be the earlier of the following dates, namely:-
(a) the date of issue of invoice by the supplier or the last date on which he is
required, under section 28, to issue t

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he following dates, namely-
(a) the date on which the payment is made, or
(b) the date immediately following sixty days from the date of issue of invoice by the supplier:
PROVIDED that where it is not possible to determine the time of supply under clause (a) or (b), the time of supply shall be the date of entry in the books of account of the recipient of supply:
PROVIDED FURTHER that in case of 'associated enterprises', where the supplier of service is located outside India, the time of supply shall be the date of entry in the books of account of the recipient of supply or the date of payment, whichever is earlier.
Explanation.- For the purpose of clause (a), “the date on which the payment is made” shall be the date on which the payment is entered in the books of
accounts of the recipient or the date on which the payment is debited in his bank account, whichever is earlier.
(4) In case of supply of vouchers, by whatever name called, by a supplier, the time of supply shall be-
(

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ollowing dates :-
(a) The date of issue of invoice in case when invoice is issued and in case where the invoice is not issued then the last date on which invoice is required to be issued under section 28 of model GST Act.
(b) Date of receipt of payment by supplier with respect to the supply.
Here, section 28 of the Model GST Act provider for the time of issue of invoice, manner, format and the contents to be mentioned in the invoice issued in relation to supply of services.
Thus as per above provisions of law the time of supply of services is the earliest of the two dates viz date of issue of invoice or the date of receipt of payment whichever is earlier. However, it may happen that the registered taxable person does not issue invoice at all, then in such case instead of taking the date of issue of invoice, the last date when the invoice should be issued in accordance with the law shall be taken.
The law further provides that in case supplier receives advance beyond the amount of

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ll be:-
(a) date of issue of voucher, if supplier is identifiable.
(b) date of redemption of vouchers, if supplier is not identifiable.
Residual Provision
Where it is not possible to determine time of supply of services under any of the above stated provision of law then it shall be calculated as –
(a) in case where periodical return has to be filed, due date of filling return.
(b) in case no periodical return has to be filed, date of payment of CGST/SGST.
Date of Payment
The meaning of 'date of payment' for time of supply of services is explained in the said provisions itself and the same is applicable in the same sense throughout the provision. Date on which payment is made for the purposes of identification of time of supply of servcie is the earlier of the following :-
(a) Book entry in the books of recipient of supply i.e. buyer
(b) Debit in bank account
Conclusion
The government is positive in its effort to implement GST quickly and effectively. At the same time a pos

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registration

registration
Query (Issue) Started By: – Ramakrishnan Seshadri Dated:- 27-12-2016 Last Reply Date:- 26-1-2017 Goods and Services Tax – GST
Got 4 Replies
GST
Dear Sir,
Good Evening.
We want the experts to clarify our query.
We are have 5 units within the state having separate excise and service tax registration numbers. But as far as tnvat is concerned vat number is common. In our case how to register ourself in GST. whether we have reigster only once by filling up the details in additional place of business or to register separtely.
Please clarify.
Thanks & Regards,
S.Ramakrishnan
Reply By Ganeshan Kalyani:
The Reply:
Sir, you will have to enrol for one number by showing one place as principal place of business and othe

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Time of Supply of Goods

Time of Supply of Goods
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 27-12-2016

The provisions related to time of supply of goods are contained in Section 12 of Model GST Act as under :-
“12. Time of supply of goods
(1) The liability to pay CGST / SGST on the goods shall arise at the time of supply as determined in terms of the provisions of this section.
(2) The time of supply of goods shall be the earlier of the following dates, namely,-
(a) the date of issue of invoice by the supplier or the last date on which he is required, under section 28, to issue the invoice with respect to the supply; or
(b) the date on which the supplier receives the payment with respect to the supply:
PROVIDED that where the supplier of taxable goods receives an amount up to one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess shall, at the option of the said supplier, be the date of issue of invoice.

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t of supply.
Explanation.- For the purpose of clause (b), “the date on which the payment is made” shall be the date on which the payment is entered in the books of
accounts of the recipient or the date on which the payment is debited in his bank account, whichever is earlier.
(4) In case of supply of vouchers, by whatever name called, by a supplier, the time of supply shall be-
(a) the date of issue of voucher, if the supply is identifiable at that point; or
(b) the date of redemption of voucher, in all other cases;
(5) In case it is not possible to determine the time of supply under the provisions of sub-section (2), (3) or (4) the time of supply shall
(a) in a case where a periodical return has to be filed, be the date on which such return is to be filed, or
(b) in any other case, be the date on which the CGST/SGST is paid.”
Analysis of the Provisions
The general provision related to determination of time of supply of goods is earlier of the following :-
(a) The date of is

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the invoice and payment shall be in respect to the amount which is covered with the said invoice and payment.
For instance, a registered taxable person makes a supply of goods and raises invoice timely of Rs one lacs on say 1st April 2016 and the payment of ₹ 100500/- is received on say 10th May 2016, then the time of supply for Rs one lacs shall be the 1st April 2016.
The provision stated above further provides that in case supplier receives advance upto an amount of 1000 rupees then time of supply in respect to the said advance can be taken as, at the option of the assessee, date of issuance of invoice.
In our earlier example for the surplus amount of ₹ 500/- the time of supply can be taken as the date of issue of invoice in respect to such amount or the date of payment of the said amount, but at the option of the assessee.
Time of Supply – Reverse Charge
In case where tax is liable to paid on reverse charge basis, then time of supply will be earlier of the followin

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SECTION 15 VALUE OF TAXABLE SUPPLY UNDER REVISED GST LAW

SECTION 15 VALUE OF TAXABLE SUPPLY UNDER REVISED GST LAW
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 27-12-2016

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
SECTION 15 VALUE OF TAXABLE SUPPLY UNDER REVISED GST LAW:-
There is material departure in the valuation provisions of a taxable supply in the revised GST Law. A comparative analysis of the changes made with respect to present laws is made as follows:-
The valuation of taxable supply has been specified to be transaction value provided that supplier and recipient are not related and price is the sole consideration for supply. Apart from this, certain inclusions and exclusions have also been provided in the transaction value which is discussed in the succeeding paragraphs.
Firstly, we discuss the deletions made in the inclusive list of transaction value. The amortised value of goods/services supplied free of cost or at reduced price for use in connection with supply of goods/services so valued to the e

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interpretation that free supplies are not to be included in transaction value.
Second deletion is regarding royalties and licence fees related to the supply of goods and/or services being valued that the recipient of supply must pay, either directly or indirectly, as a condition of the said supply, to the extent that such royalties and fees are not included in the price actually paid or payable.
Apart from above deletions, a new clause (d) has been inserted in the inclusion list regarding interest or late fee or penalty for delayed payment of any consideration for any supply. This has the effect that interest charged from the receiver which is in the nature of penalty for delayed payment will also be leviable to GST. As per present Excise/Service Tax Laws, there are number of judicial pronouncements holding that interest for delayed payment is not includible in the transaction value. This will definitely lead to enhancement in the transaction value.
Thirdly, Old GST Law provided tha

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es for Loss of Revenue) Act, 2016, if charged separately by the supplier to the recipient. Here, mention of IGST is missing which means that even IGST will be included in transaction value.
Furthermore, as per old GST Law, subsidies provided in any form or manner, linked to the supply were included in transaction value but as per revised GST law, subsidies provided by the Central and State Government are not to be included. This is a very appreciable step because presently, under Central Excise Laws, even subsidies provided by Central and State Governments are included in the transaction value in light of Apex Court decision in the case of Maruti Suzuki 2014 (9) TMI 229 – SUPREME COURT and Super Synotex 2014 (3) TMI 42 – SUPREME COURT.
Lastly, in the earlier Draft GST Law, situations were specified wherein transaction value was not applicable but not the said sub-section has been deleted.
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Finance Minister: There is a need for move towards a mindset of voluntary compliance and payment of legitimate taxes should be considered as part of the process and nobody should think that tax evasion is acceptable;

Finance Minister: There is a need for move towards a mindset of voluntary compliance and payment of legitimate taxes should be considered as part of the process and nobody should think that tax evasion is acceptable;
GST
Dated:- 26-12-2016

Finance Minister: There is a need for move towards a mindset of voluntary compliance and payment of legitimate taxes should be considered as part of the process and nobody should think that tax evasion is acceptable;
Payment of due tax is a responsibility of every citizen; Coordination between the Central and the State administration is important for smooth transition of GST regime so that the taxpayer of the country does not suffer.
The Union Finance Minister Shri Arun Jaitley said that

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eir careers. The Finance Minister expressed his faith in the probationers to be able to carry-out the onerous task of smooth rolling-out and administering the new indirect tax administration system i.e. Goods and Services Tax (GST). Shri Jaitley impressed upon the gathering the importance of coordination between the Central and the State administrations in smooth transition from the old to the new Indirect Tax regime so that the taxpayer of the country does not suffer. The Finance Minister also reminded the officers that the economy of the country is undergoing major changes and that shall continue to challenge them to be capable officers at every stage of their career. The Finance Minster stressed on the 'Culture of Correctness' and 'Fairn

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Goel.
Earlier, the event commenced with traditional lighting of the lamp and presentation of a sapling to the Union Finance Minister.
In his Welcome Address, the Director General of NACEN, Shri P.K. Dash spoke about the history of NACEN and introduced the 68th Batch to the gathering. The strength of 68th Batch of IRS(C&CE) is 186 officer trainees, consisting of 32 female officers and 154 male officers, including 5 Bhutanese Officers. The average age of the batch is 28, with the youngest probationer being 23 years old. The batch consists of 50 per cent engineers, 16 per cent Doctors, 11 per cent MBAs, 3 per cent Law graduates, 2.2 per cent PhD awardees, 11 per cent Masters and 4.9 per cent Bachelors degree holders. The Director General als

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SECTION 16 ZERO RATED SUPPLY (IGST ACT)

SECTION 16 ZERO RATED SUPPLY (IGST ACT)
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 26-12-2016

DAILY DOSE OF GST UPDATE BY CA PRADEEP JAIN
SECTION 16 ZERO RATED SUPPLY (IGST ACT):-
A new Chapter VIII has been introduced in the IGST Act wherein the concept of zero rated supply has been framed. The provisions contained in the section 16 are discussed as follows:-
Zero rated supply means any of the following taxable supply of goods and/or services, namely-
* Export of goods and/or services; or
* Supply of goods and/or services to a SEZ developer or an SEZ unit.
It is also provided that the credit of input tax may be availed for making zero rated supplies notwithstanding that such supply may be an exempt supp

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the SEZ developer or SEZ unit receiving zero rated supply shall be entitled to claim refund of IGST paid by registered taxable person on such supply.
On studying the above provisions, following implications may be drawn:-
* The meaning of zero rated supply is very restricted and limited to normal exports and supply to SEZ or SEZ developer. The supplies made to EOUs, EHTP, STP etc are not covered under the concept of zero rated supply.
* The input tax credit is available for zero rated supplies. This means that export without payment of duty and supply to SEZ will be considered as zero rated supply and credit will be available. Consequently, there will not be requirement to reverse credit even when the supplies are made without payment

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ns of SEZ Act have overriding effect and supplies to SEZ are to be considered as export. It appears that the present policy is carried forward in the GST regime too.
* It appears that the concept of 'deemed exports' will also be introduced in GST laws. This is evident from the definition of 'deemed exports' given under section 2(37) of the GST Act, 2016. It states that deemed exports as notified by the Central/State Government on the recommendation of the Council, refer to those transactions in which the goods supplied do not leave India and payment for such supplies is received either in Indian rupees or in convertible foreign exchange. At present, as per DGFT Laws, supplies to EOU is considered as deemed export and it may be possible th

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SECTION 12 PERTAINING TO TIME OF SUPPLY OF GOODS UNDER REVISED GST LAW

SECTION 12 PERTAINING TO TIME OF SUPPLY OF GOODS UNDER REVISED GST LAW
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 25-12-2016

DAILY DOSE OF GST UPDATE BY CA PRADEEP JAIN
SECTION 12 PERTAINING TO TIME OF SUPPLY OF GOODS UNDER REVISED GST LAW:-
The provisions relating to determination of time for supply of goods has been significantly amended and is discussed in detail as follows:-
* The time of supply of goods shall be earliest of the following:-
* The date of issue of invoice by the supplier or the last date on which he is required under section 28, to issue invoice with respect to the supply; or
* The date on which the supplier receives the payment with respect to the supply.
Provided that where the su

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te on which recipient shows receipt of goods in his books of accounts. It was represented that the date on which recipient shows receipt of goods in his books of accounts is a parameter that is practically impossible to comply with and we are delighted that the said provision has been deleted. But the tax payment on advance receipt of payment in case of goods has been prescribed which is not applicable in current Excise regime. The Central Excise duty is to be paid on removal of goods only and invoice is to be issued at the time of removal.
The old draft of GST Law also provided specific provision for continuous supply of goods but there is no such provision in the revised GST Law. This means that the general provision given under section

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provisions contained in section 12(2) as discussed in point no. 1 will apply. Earlier, the time of supply in case of sale on approval basis was date of approval or six months from date of removal, whichever is earlier. However, as per revised law, it is date of issue of invoice/last date for issue of invoice or date of receipt of payment, whichever is earlier. The new provision seeks to take away the prolonged period of 6 months for making payment of tax.
A new provision specifying time of supply in case of vouchers has been introduced. The time of supply of voucher shall be the date of issue of voucher, if supply is identifiable at that time or date of redemption of voucher, in all other cases. This provision has been incorporated keepin

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Got clarity on GST law: Telangana FM

Got clarity on GST law: Telangana FM
GST
Dated:- 24-12-2016

New Delhi, Dec 23 (PTI) Telangana Finance Minister Etela Rajender said he received much clarity about GST law and the compensation that the Centre has promised for the state.
After taking part in the two-day GST council meet, Rajender said, "The central government has assured to compensate for the revenue loss once in every two months and make necessary adjustments to disburse a grant in case of a rise in compensatio

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GST Council makes headway on bills, stuck on taxpayer control

GST Council makes headway on bills, stuck on taxpayer control
GST
Dated:- 24-12-2016

New Delhi, Dec 23 (PTI) The all-powerful GST Council today made a 'reasonable headway' on supporting legislations for the new indirect tax regime but its rollout from April 1 looked virtually impossible as it postponed discussion on the critical issue of administration and control of tax payers.
The panel, which met for the seventh time since the Constitutional Amendment to replace central and state taxes with a Goods and Service Tax was approved in mid-September, tweaked the periodicity of payment of compensation for loss of revenue to states for implementation of GST to bi-monthly instead of previously decided quarterly payment.
Al

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-GST, that have to be approved by Parliament and state assemblies respectively, neared finality with most clauses agreed upon.
Finance Minister Arun Jaitley said the law to provide for compensation to the states for loss of revenue was also approved by the GST Council at its two-day meeting which ended today but a final draft with legal language would be approved at the next meeting.
"I am trying my best," he said, when asked about the April 1 rollout schedule. "I am not going to bind myself with anything. Our effort is to do it as quickly as possible and I think we are making a reasonable headway."
Three consecutive meetings of the GST Council have not been able to take up the issue of dual control. Some states like

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Composition Tax under revised GST law

Composition Tax under revised GST law
By: – Sanjeev Singhal
Goods and Services Tax – GST
Dated:- 23-12-2016

Revised GST Law under Section -9 provides that small taxpayer can opt for the scheme of composition tax instead of opting for paying tax under the regular supply of goods. Here this should be noted that this option is not available to registered taxable person who is providing only service . By opting the composition tax scheme , one can save himself from all the hassle of exhaustive provision of GST Law. Before we switch over to related provision of this section it is mandatory to understand the definition of Aggregate Turnover.
As per Section 2(6) , “Aggregate Turnover” means the aggregate value of all taxable suppl

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but not less than two and half percent in case of manufacturer and one percent in other case, of the turnover in the state during the year .
Composition scheme can not be allowed to the following taxable person;
*
Who is engaged in the supply of services
*
Person who make supply of goods those are not leviable to tax.
*
Who make interstate outward supply of goods
*
Who make supply of any goods through electronic commerce operator who is required to collect tax at source u/s 56
*
Who is manufacturer of such goods notified by the council.
This provision will be allowed to RTP only when all registered taxable person under the same PAN opt to follow the same scheme.
Permission granted to RTP shall be withdrawn on the day

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Composition scheme under Model GST Law, its impact on construction.

Composition scheme under Model GST Law, its impact on construction.
By: – Tarun Agarwalla
Goods and Services Tax – GST
Dated:- 23-12-2016

A. Introduction:
* The New Model GST Law ( hence forth “MGL”) as made available on public domain as on 26th November 2016 have bring out many changes with respect to the provisons with respect to composition levy. Composition Levy have been present in indirect taxes to address the small business units or specific business units having complexity in valuation of taxable amount.MGL section 9 talks about payment of taxes in lieu of normal tax liability under section 8 of MGL , talks about Levy in general. Composition scheme also bring a lesser compliance requirements, however composition scheme normally successful in B to C segment rather than B to B segment.
* At present almost all the state VAT laws normally have provisions for taxpayers to opt for composition scheme. Broadly two type of taxpayers are having option to avail the com

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used on all India PAN basis. It means all the registration across India belongs to same PAN must avail the scheme.
* Once on a particular day the aggregate turnover exceeds ₹ 50 lakhs , the scheme deemed to be withdrawn from such date.
* If the proper officer has reasons to believe that a taxable person was not eligible for the scheme , the taxable person shall pay tax under normal provisions and penalty.
Restriction for the scheme:- under provision to section 9(1) of MGL, Composition semen could not be allowed in the following class of taxable persons:-
* who is engaged in the supply of services; or
* who makes any supply of goods which are not liveable to tax under this Act; or
* who makes any inter-State outward supplies of goods; or
* who makes any supply of goods through an electronic commerce operator who is required to collect tax at source under section 56; or
* Who a manufacturer of such goods is as may be notified on the recommendation of the Council.

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is respect the following issues may found relevant:-
* The transitional provisons section 172 may be use full for such cases where a composition dealer may not be eligible under MGL.
* Works contractor normally be under composition scheme of Sate VAT and service tax normally be paid under abatement forging the CENVAT on inputs. In this case the Cenvat Credit on stocks, semi fished and finished stocks may not be available under section 172 of MGL. However section 169 related to general availability of credit may come for rescue. However it is subject matter of further analysis.
What would be regarded as composition scheme under earlier law gave not been provided in the MGL. For instance, there are cases in excise where special rate of duty have been allowed without taking any CENVAT credit. In the MGL it is given that, Persons Manufacturing, specified items may not opt for composition scheme. Hence in such cases whether section 172 or section 169 of MGL would come to rescue is sub

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by such person in the course or furtherance of business.
Impact on decisions in GST
* As the small dealers in majority of states are operating with the existing turnover limit of ₹ 50 lakhs. The impact may not be much. However majority of them may not covered due to enhancement of taxable limit of ₹ 20 lakhs from the exiting ₹ 10 lakhs.
* The parsons present in more than one state with the same PAN may face a new difficulty to track the turnover limit of ₹ 50lkh, collectively.
* Input tax credit as per section 18(3) of MGL, the carry forward credit and compliance there off may discourage to the scheme.
* A majority of works contract cases were availing the composition scheme as there was no turnover limit earlier. However at present the segment were regarded as service and hence not eligible at all for the composition scheme.
* In case of work contractor, builder , the credit available with respect to ITC in VAT Laws and CENVAT as far as excuse and

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JOB WORK UNDER REVISED GST LAW:-

JOB WORK UNDER REVISED GST LAW:-
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 23-12-2016

DAILY DOSE OF GST UPDATE BY CA PRADEEP JAIN
JOB WORK UNDER REVISED GST LAW:-
The amendments made in the provisions pertaining to job work and their comparision with respect to earlier GST law and in present scenario is summarised as follows:-
Earlier GST law provided that Commissioner may be special order and subject to conditions, permit a registered taxable person to send taxable goods without payment of tax to a job worker for job work. This indicated that every time, permission of Commissioner was required to be taken for sending goods for job work. This anomaly has been removed in the revised GST law which provides th

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s has been increased from 180 days to one year and that for capital goods has been increased from two years to three years. This increase in the time limit for job work is appreciated by trade and industry particularly for the capital goods. However, it is pointed that the definition of capital goods has undergone a substantial change and now goods that are capitalised in the books of accounts are to be treated as capital goods and consequently the enhanced time limit will be available only to those goods which are capitalised in the books of accounts.
There is drastic change in the provision regarding non-receipt of job-worked goods within the stipulated time period. As per old GST Law, where the inputs or capital goods were not received

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goods will be deemed to be supply for principal. It implies that principal has to pay GST after two years for inputs and after three years for capital goods but this duty payment will be considered on the date of supplying goods for job work. However, there is no express provision whether the job-worker will be able to claim credit of tax paid by the principal. Moreover, there might be practical difficulty in availing credit. Although, the invoice is to be raised in the current date and hence the time restriction for availing credit will not apply in such cases. But the department might not adhere to such analogy and there is bound to be litigation on such points. Also, it appears that the principal will be required to pay interest for dela

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Minutes of the 7th GST Council Meeting held on 22-23 December 2016

Minutes of the 7th GST Council Meeting held on 22-23 December 2016
7th GST Council Meeting Dated:- 23-12-2016 GST Council – Minutes
GST
Minutes of the 7th GST Council Meeting held on 22-23 December 2016
The seventh meeting of the GST Council (hereinafter referred to as 'the Council') was held on 22 and 23 December 2016 in the Parliament House Annexe, 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.
2.  The following agenda items werelisted for discussion in the seventh meeting of the Council
1. Confirmation of the Minutes of the 6th GST Council meeting held on 11th December 2016.
2. Approval of the Draft GST Law, Draft IGST Law and Draft GST Compensation Law
2A. GST

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December, 2016:
4. Only one Member suggested the following amendment to the draft Minutes of the 6th meeting of the Council (hereinafter referred to as 'the Minutes') –
i.  Para 6 (xiv) of the Minutes: The Secretary to the Council informed that a letter had been received from the Government of Rajasthan to replace the version of the Hon'ble Minister of Rajasthan recorded in this paragraph with the following version: 'The Hon 'ble Minister from Rajasthan stated that penalty should not be considered as a source of revenue, rather it should be used as deterrent.' The Council agreed to the suggestion to replace the version of the Hon' ble Minister from Rajasthan.
5. In view of the above discussion, for Agenda item l, the Council decided to adopt the draft Minutes of the 6th meeting of the Council with the following change –
i. To replace the version of the Hon'ble Minister of Rajasthan recorded in paragraph 6(iv) of the draft Minutes with the fo

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ct of Arrest and Prosecution (Section 81 and 92) as well as the Section 100 to 197 and Schedules I to V are as follows –
i. Section 81 (Power to arrest) and Section 92 (Prosecution): Shri M.K. Sinha,  Commissioner, GST Council explained the changes made in these two provisions. He stated that arrest was proposed in only three instances, and out of these, two related to cases where either only invoice had been issued without any supply of goods or services or where goods or services had been supplied without issue of invoice and the third related to collecting tax but not depositing it with the Government. He also informed that the provision regarding gross mis-declaration in the description of the supply on invoices had been deleted keeping in view the guideline agreed upon in the last meeting that no arrest should be made in a case relating to any grey area in assessment. He also pointed out that the threshold for arrest was tax evasion of Rs. 2 Crore or more and arrests relati

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it would hinder the ease of doing business. The Hon'ble Minister from Bihar observed that there would be administrative check and control over misuse of arrest provision as was the case with the police department. He further observed that the Commissioner could also be punished for misusing this provision. The Hon 'ble Minister from Assam also supported this view.
iii.  The Hon'ble Chief Minister of Puducherry observed that proportionality should be maintained for large and small tax evaders and punishment should be in proportion to the amount of tax evasion involved. The Hon'ble Minister from Madhya Pradesh also observed that the big and small crime should not have the same punishment. The Hon'ble Minister from West Bengal observed that economic offences were not the same as offences under the Indian Penal Code (IPC). He further observed that arrest was a serious issue and its provisions were to be used as a last resort. He supported the principle of making

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eful to keep into account the statement of the Hon'ble Minister from Bihar that the States and the Central tax laws were being merged and that though VAT laws did not have arrest provision, the Central laws, namely Central Excise and Service Tax had provisions of arrest. He further added that grounds of arrest had been whittled down under Service Tax and a similar approach was being followed in the GST regime and the circumstances of arrest were being limited to those violations which were similar to those in criminal law, namely for forgery (fake invoices), breach of trust (failing in the duty to act as agent of the Government to collect and deposit tax into government account) and cheating (moving goods without paying tax). He pointed out that in the new text, no arrest could be made where non-payment of tax was due to dispute in interpretation and that there were sufficient safeguards against harassment, namely that arrest could be only authorized by the Commissioner and tax eva

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rant taxpayers.
v.  The Hon 'ble Deputy Chief Minister of Delhi raised another issue in relation to the proviso to the explanation contained in revised Section 92(1). He pointed out that this required prosecution to be instituted after the previous sanction of the Central Government which was not desirable in a case where action was initiated by the State tax administration. The Hon'ble Chairperson observed that sanction of the Central Government would be required if action was initiated under the CGST Act and if action was initiated under the SGST Act, sanction of the State Government would be required.
vi  The Hon'ble Deputy Chief Minister of Puducherry observed that for sanctioning prosecution, a prosecution wing would be needed to decide whether prosecution was legally justified. The Hon'ble Chairperson observed that the States would need to set up internal mechanisms for sanctioning prosecution and could also take the help of legal advisors. The Secre

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which prosecution could be waived if the evaded amount, as determined by the competent authority, was paid by the accused person as the compounding amount but this facility could be used only once.
vii.  The Hon'ble Minister from Andhra Pradesh observed that there was no arrest provision under the VAT law and incorporating arrest provision under SGST Act, even with the prescribed threshold, would adversely affect the ease of doing business and could create a fear psychosis amongst the traders. He added that this could also cause political problems. The Hon'ble Minister from Karnataka stated that in the last meeting, it was decided to make the arrest provisions more restrictive, and the revised formulation was acceptable, as also was the original formulation. He added that in the proviso to the explanation in the revised Section 92(1), the expression 'Central Government' should be replaced by the expression 'designated authority.' The Council agreed to th

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raft took care of this concern. After the discussion, the revised formulation presented during the meeting in respect of Section 81 (power to arrest) and Section 92 (prosecution) was approved by the Council with two amendments, namely, (a) arrest could be made for repeat offences; and (b) in Section 92(1), the expression 'Central Government' to be replaced by the expression 'designated authority.'
ix.  Section 100 (Constitution of the National Appellate Tribunal), Section 101 (Appeals to the Appellate Tribunal), Section 102 (Orders of Appellate Tribunal) and Section 103 (Procedure of Appellate Tribunal): The Secretary to the Council explained that these provisions related to the Appellate Tribunal (hereinafter called the 'Tribunal') and that the Union Law Ministry had suggested some changes to the existing draft. He invited Shri Upender Gupta, Commissioner (GST), CBEC to explain the proposed changes. The Commissioner (GST), CBEC explained that the changes

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y the National President and appeal against it could lie before the Supreme Court. The Hon'ble Minister from Haryana suggested that disputes relating to subject matters of Union Territories could also be handled by the National Tribunal.
x.  The Hon'ble Minister from West Bengal stated that under the existing provision of Section 100 and Section 103 of the GST Law, each State Tribunal was to be headed by a President and that he was to be appointed by the State Government under the SGST Law. Commissioner (GST), CBEC informed that the Union Law Ministry had observed that there could not be a National President and a State President and it had suggested to rename the heads of State Tribunals as Vice President but they would be appointed by the State Government and the State Tribunals could have as many benches as required. The Deputy Chief Minister of Delhi suggested that the head of the State Tribunal should also be called President as otherwise, the structure appeared to

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on 'ble Minister from Tamil Nadu observed that instead of creating work for a National Tribunal, it could be removed altogether and all disputes could go to the State Tribunals. The Commissioner (GST), CBEC explained that if Tribunals were created under SGST Acts, the CGST Act would need to adopt thirty-one State Tribunals under the CGST Act and instead, it was proposed to create one Tribunal under the CGST Act which could be adopted the by States to create State Tribunals under the respective SGST Acts. The Hon'ble Chairperson observed that the option of incorporating State Tribunals under the CGST Act should also be explored and cautioned against creating superfluous Tribunal causing a drain on the public exchequer. The Hon'ble Minister from Haryana pointed out that a National Tribunal would also be needed for disputes relating to Union Territories. The Hon'ble Minister from Bihar suggested that the expression “President of the Tribunal” should be replaced by the term

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nder the State VAT Acts. The Hon'ble Chairperson observed that the Tribunals created under the State VAT Acts as well as the Customs Excise and Service Tax Appellate Tribunal (CESTAT) could deal with the old cases.
xiv.  The Hon'ble Minister from West Bengal suggested to give the State Tribunals in law the power of a single bench of the High Court in order to avoid the matters from Tribunals being heard by a single bench of the High Court and then being subjected to an appeal before the Division bench of the same High Court. He therefore suggested to create Tribunal under Article 323 B of the Constitution. Shri Ritvik Pandey, the Commissioner Commercial Tax (hereinafter referred as CCT), Karnataka pointed out that under Section 106 (9) of the GST Act, it was provided that appeal in the High Court shall be heard by a bench of not less than two Judges of the High Court.
xv.  The Commissioner (GST), CBEC raised the issue that the quantum of pre- deposit for filing ap

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rder to discourage frivolous appeals and informed that presently, under their VAT Act, it was 25%. The Hon'ble Minister from Karnataka suggested to keep pre-deposit at 20% of the disputed tax amount for appeal before the First Appellate Authority and 10% for appeal before the Tribunal. He observed that for filing appeal in Tribunal, pre-deposit would be effectively 30%. The Hon'ble Chairperson observed that taking pre-deposit of 20% at both levels of appeals made the pre-deposit amount too high. The Hon'ble Minister from West Bengal stated that this would deter frivolous appeals. The Hon'ble Chairperson observed that another option could be to keep pre-deposit at 20% each at the level of the First Appellate Authority and the Tribunal respectively but the Tribunal could be given the power to waive pre-deposit in deserving cases. The Secretary to the Council cautioned that if the Tribunal was given such a discretion, a lot of time would be spent in deciding stay applicati

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r from Karnataka observed that the original adjudication order might suffer from revenue bias but the order at the second level was expected to be more balanced and therefore, for the next appeal, the amount of pre-deposit should be higher. The Hon'ble Minister from Punjab observed that keeping 10% pre-deposit at both the levels would give a big relief to the VAT assessees and he suggested to keep the pre- deposit as 10% for appeal before the First Appellate Authority and 20% for appeal before the Tribunal. The Hon'ble Deputy Chief Minister of Gujarat suggested to keep the pre-deposit at 10% at both the levels. The Hon'ble Chief Minister of Puducherry and the Hon 'ble Ministers from Andhra Pradesh, Bihar and Chhattisgarh supported pre-deposit of 10% for appeal before the First Appellate Authority and 20% for appeal before the Tribunal. The Council agreed that pre-deposit for appeal before the First Appellate Authority shall be 10% of the disputed amount and that for the

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Secretary to the Council observed that it would be difficult to establish deliberate delay. The Commissioner (GST), CBEC further pointed out that there was already a provision of not granting more than three adjournments during an appeal.
xvii.  Section 105 (Appearance by authorised representative): The Hon'ble Minister from Tamil Nadu suggested to replace the expression 'Tax Return Preparer' in Section 105 (2)(e) with the expression 'GST Practitioner' as agreed in the 6th GST Council meeting held on 11 December 2016. The Council agreed to the suggestion.
xviii.  Sections 113 – 124 (Advance Ruling): The Hon'ble Chairperson introducing this provision, explained that the provision of Advance Ruling was often used by those making new investment, say in a manufacturing activity, to determine the rate of duty on the new product with certainty and it helps them in their financial planning. The Secretary to the Council further explained that it was not t

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CBEC pointed out that the international practice was not to subject decisions of Advance Ruling Authority to appeal before a Tribunal and that after one level of appeal before the Appellate Authority for Advance Ruling, if there was no agreement between the two members of the Appellate Authority, then it would be deemed that no Advance Ruling could be given. The Secretary to the Council observed that such cases would be rare and it would be prudent for such matters to go for regular assessment.
xix.  The Hon'ble Minister from Tamil Nadu said that under Section 121, Advance Ruling should also apply to other similar cases within the jurisdiction of the Commissioner of Commercial Tax and suggested to make a suitable amendment in this regard in Section 157. The Hon'ble Chairperson explained that the rulings were given in personem and not in rem, that is, not to the whole world and therefore, rulings could not apply to other similar cases. The Secretary to the Council further

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ase of doing business, but it was pertinent to remember that in the Goods sector, a taxpayer operating in multiple States was registered in every State. He added that it was not advisable to create an artificial distinction between goods and services, particularly when audit was envisaged for only 5% of taxpayers. He cautioned that providing special treatment to a certain category of taxpayers could lead to litigation by those who were denied such special treatment. In this view, he suggested to delete this provision. The Secretary to the Council explained that sectors like Telecommunication, Financial Services (Banking and Insurance), Airlines, Railways, IT and ITeS had raised several issues relating to registration in individual States. He explained that their main concern was that under GST law, they should be allowed to pool their Input Tax Credit (ITC) so that surplus ITC in one State could be used for payment of tax in another State. He added that as no unanimity could be reached

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here would be a single audit by a team consisting of tax officials of the Central Government and a few State Governments. He added that no agreement could be reached regarding cross-utilization of input tax credit of SGST between States. The Hon 'ble Minister from Tamil Nadu observed that if pooling of ITC was the only issue, a separate provision could be made for this and not for other processes like registration, etc. mentioned in Section 137 of the GST Law. The Hon'ble Chairperson stated that the Indian Bank Association (IBA) had made a strong representation for permitting centralized registration. He stated that such a provision could be considered for those sectors whose nature of business was such as to make it a necessity, but no special dispensation was desirable only for certain categories of big taxpayers. The Hon'ble Minister from Jammu & Kashmir observed that the nature of service provided by banks made centralised registration a necessity for them as a credit c

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rved that the model suggested by Gujarat had not been discussed in the Council. The Hon 'ble Chairperson stated that the Council could hear the stakeholders from Banking, Insurance, Information Technology (IT and ITeS), Telecom, Airlines and Railways for one hour in the next Council meeting. The Hon'ble Minister from Kerala stated that the proposal to have a separate special treatment for a class of taxpayers was discriminatory. The Hon'ble Chairperson observed that for a distinct class of persons, a separate procedure was possible but there could be no discrimination between Ovo equally placed persons. The Hon'ble Minister from West Bcngal posed a query whether they could be considered as a separate class and the Hon'ble Chairperson observed that if they were unable to show that they were a separate class, then, no separate procedure could be allowed.
xxiii. The Hon'ble Minister from Tamil Nadu suggested that keeping in view the need not to make a distinction

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at this section be kept in abeyance and that the stakeholders from Banking, Insurance, Information Technology (IT & ITeS), Telecom, Airlines and Railways could be heard in the next Council meeting. The Council agreed to this suggestion.
xxiv.  Section 138 (GST compliance rating): The Secretary to the Council explained the rationale of GST compliance rating for taxpayers provided for in this Section. He pointed out that in the GST Law, there was a provision of reversal of ITC in the hands of the recipients where suppliers did not upload invoices within a fixed period of time. He explained that it would help traders if defaulters were identified in advance to alert prospective customers, and keeping this in view, every GST-registered taxpayer would be given a compliance rating. He suggested to replace the word 'shall' with the word 'may' in Section 138(1). The Hon'ble Minister from Tamil Nadu suggested to retain the word 'shall' and pointed out that thi

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cess to the metrics to be used to determine the rating. The Council agreed to this suggestion and it was agreed to amend Section 138(2) by adding the phrase 'by the GST Council' at the end of the sentence.
xxv.  Section 142 (Disclosure of information required under section 141): The  Secretary to the Council pointed out that in Section 142(3), the maximum limit  set for imposing fine was only Rupees One Thousand which was too low and  suggested to enhance it to Rupees Twenty-Five Thousand. The Council agreed to this suggestion. The Hon'ble Minister from Tamil Nadu observed that the State Government should have equal power to call for information and collect statistics. The Commissioner (GST), CBEC clarified that the law was common for both CGST and SGST and that reference to Commissioner in Section 141 of the SGST Law would mean Commissioner of SGST.
xxvi    Section 145 (Burden of Proof): Shri Vivek Kumar, Additional Commissioner, Comm

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needed to be filled up. The CCT, Kamataka explained that this sub-section was kept for any Regulation that might be made in respect of the Tribunal and the Advance Ruling Authority and that the relevance of this Section would be determined after the GST Law was finalized.
xxviii  Section 163 (Anti-profiteering Measure): Introducing this section, the Secretary to the Council explained that while implementing GST, some taxpayers could indulge in profiteering in two different ways. One situation was that a retailer might not pass on the benefit of ITC of the embedded Central Excise duty component on a good allowed under the transitional provision of the GST Law and charge the customer the cumulative tax of CGST and SGST claiming that both taxes had been imposed under the new GST Law. Second situation could be a ease where tax rate on a commodity was lowered in GST as compared to the existing combined rate of tax of Central Excise and VAT but the benefit of lower tax was not passed

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brought under GST and their prices were monitored on a daily basis through a software and this helped to check inflation and price-rise. He warned that without implementing this provision, GST could be a failure and suggested that in Section 163(1), the word 'may' should be replaced by the word 'shall'. He also stated that it was desirable to create a body like ACCC with a proper database. The Hon'ble Chairperson observed that if the anti-profiteering authority was not to be created under the GST Law, then the phrase 'by law' used in Section 163(1) could be replaced by the expression 'on the recommendation of the Council by a notification'. The Council agreed to this suggestion. The Hon'ble Minister from Tamil Nadu observed that it would be laudable to create this institution and suggested to replace the word 'may' in Section 163(1) with the word 'shall'. The Hon'ble Chairperson observed that the word 'may' coupled wit

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s held in stock by way of reduced prices to the customer. Shri Tuhin Kanta Pandey, Principal Secretary (Finance), Odisha observed that the objective was laudable but its implementation could be challenging as the authority could be swamped with representations in a situation of rising price which could be on account of various reasons and it would be a challenge to determine whether it was due to non-passing of the benefit of ITC. The Hon'ble Minister from Punjab stated that the provision could also create a fear amongst the traders that the government was monitoring the price situation. The Hon'ble Minister from Karnataka observed that there was an agreement in the Council about the need to pass the benefit of lower tax to the consumers and any challenge relating to verification could not be a reason to remove this provision altogether. He further added that the law was very specific that this provision would apply only when the rate of tax was altered and not in other circums

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arge number of commodities when rates of taxes could shift between six slabs of tax rates. He further observed that in Australia, such a body could be successful as Australia has a formal market economy whereas India faced various challenges like a large segment of informal economy as also presence of a large number of small and medium enterprises, unregistered units and exempt farming sector and that if such a provision was to be adopted, it must be implemented with seriousness. The Hon'ble Minister from Kerala stated that there must be a mechanism for monitoring prices and it should be transparent. The Hon 'ble Chairperson stated that at this stage, it was only an enabling provision and that the exact formulation of words would be done in the relevant Regulation. The Hon'ble Chief Minister of Puducherry observed that the Regulation should be brought back to the Council for approval. Shri P. Marapandiyan, Additional Chief Secretary, Kerala informed that during the introduc

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dit relating to VAT in the years subsequent to implementation of GST, The CCT, Karnataka pointed out that Section gave the enabling power for audit. The Hon'ble Minister from Haryana suggested to add the words 'or after' following the word 'before' in Section The Consultant (GST), CBEC pointed out that such a provision was already contained in Section 182. The Hon'ble Minister from Hawana suggested to harmonise the provisions of Section and Section 182. The Council agreed to this suggestion.
xxx  Section 167 (Amount of CENVAT credit carried forward in a return to he allowed as input tax credit): The Principal Secretary (Finance), Odisha pointedout that in Section 167 as also in Section 169 and 171, carry-forward of credit under VAT was allowed but they had no provision of carry forward of entry tax and therefore, rationale for keeping it under the SGST Law was not clear. The CCT, Karnataka explained that credit of entry tax was available in some States li

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at the definition of works contract should cover both movable and immovable property as was the case in the original text of the Model GST Law. He gave an example that the building of bus body on a chassis was also a Works Contract. The Council agreed that the Law Committee of officers would look into it.
xxxiii.  Section 4 (Classes of officers under the Central/State Goods and Services Tax Act) and Section 5 (Appointment of officers under the CentraVState Goods and Services Tax Act): The Hon'ble Minister from West Bengal pointed out that Section 4(2) relating to SGST provided that jurisdiction of officers other than Commissioner shall be specified by the Commissioner whereas in Section 5(2), it was provided that the jurisdiction of officers other than Commissioner shall be specified by the State and that this contradiction needed to be addressed. The Council agreed to this suggestion.
xxxiv. Sections 165 – 197 (Transitional Provisions): The Hon'ble Chairperson observe

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at supplies of works contract (Clause 5(f) of Schedule-Il) and restaurant (Clause 5 (h) of Schedule-Il) shall be treated as composite supply on which all provisions relating to services shall apply. He therefore suggested to revisit the need for Clauses 5(f) and 5(h) of Schedule Il. The Council agreed to the suggestion and approved the rest of the Schedule.
xxxvii.  Schedule Ill (Activities or transactions which shall be treated neither as a supply of goods nor a supply of services): The Secretary to the Council explained that this Schedule treated certain transactions neither as a supply of goods 'nor as supply of services. The Commissioner, GST Council suggested an addition to Clause 4 of the Schedule namely, 'or any specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947.' However, he later added that this could also be exempted by way o

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laying pipelines. The Hon'ble Deputy Chief Minister of Gujarat informed that pipelines of companies like Gas Authority of India Limited (GAIL), Oil and Natural Gas Corporation (ONGC), etc. were permitted to be laid on Government land without charging any rent or charge. The Hon' ble Deputy Chief Minister of Delhi observed that the same principle was followed for laying fibre optic cables. The Secretary to the Council explained that exemption to Government activities/services through a Schedule in the Act was very inflexible and it would be desirable to operate these exemptions through a notification so that greater flexibility could be exercised in bringing certain services in the tax net at a future date without making an amendment to the GST Law. He, therefore, suggested to delete Schedule IV except the entry at Clause 4 (relating to exemption to Government Services for diplomatic or consular activities, citizenship, etc.) and to take a decision in the Council that all the Go

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e cities and this should not be subject to Service Tax. The Secretary to the Council suggested that the clause suggested by the Hon'ble Minister from West Bengal, with suitable modification, could also be added in the exemption list under the proposed notification. The Hon'ble Minister from Tamil Nadu stated that there were certain services which should be legitimately attracting service tax like spectrum sale on which the Central Government had removed service tax only a few months back knowing fully well that GST was around the corner and this would lead to loss of Service Tax to the tune of about Rs. 10,000 Crore. He suggested to bring such services back in the Service Tax net. The Secretary to the Council clarified that spectrum sale had been subject to Service Tax from the current year and that the TRU Circular dated 13 April 2016 circulated in this meeting only clarified certain exemptions and clarifications given by the Central Government. The Hon'ble Chairperson obs

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ment based on the formulation that he proposed earlier. The Secretary to the Council stated that using this formulation might lead to an interpretation in which license fees for spectrum could become non-taxable and therefore, the formulation suggested by the Hon'ble Minister from West Bengal needed some redrafting. 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. The Commissioner(GST), CBEC amplified that in the GST law, registration had to be taken if aggregate turnover of a supplier, including the exempt supplies, crossed Rs. 20 lakh and that if a government hospital, whose value of supply of exempted health services was say Rs. 50 lakhs and it also rented out a sho

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keep Schedule IV and to provide under it that the Government on the recommendation of the Council would notify a list of services provided by the Government for which there would be no requirement of registration. The Hon'ble Minister from Tamil Nadu observed that the way Schedule IV was presently worded seemed to be a denial of reality. He suggested that instead of stating that Services under Schedule IV were not service, it would be more appropriate to state that such services were 'excluded' from GST. He also pointed that there was already a provision for exemption of services through a notification in Section 3(4)(c) of the GST Law. The Hon'ble Minister from Andhra Pradesh observed that the issue was whether exemption for Government services should be in a Schedule or in a notification and he expressed his agreement to provide for exemption through a notification. The Hon'ble Chairperson suggested that the Officers' Committee might examine Schedule IV and to

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further pointed out that in the 6th meeting of the Council, the Hon'ble Deputy Chief Minister of Gujarat had requested to revisit this definition as the new definition would lead to substantial loss of revenue. Stalting the discussion, the Hon'ble Deputy Chief Minister of Gujarat stated that the definition of 'agriculture' should not be kept as wide as in the revised formulation. He added that 'agriculturist' should not cover manufacturers of processed agricultural products. The Hon'ble Minister from Punjab suggested to define 'agriculture' as only primary produce from the land and the processed products should be subject to tax. The Hon 'ble Minister from Maharashtra stated that his concern was similar to that expressed by the Hon 'ble Deputy Chief Minister of Gujarat. He pointed out that by keeping the definition of 'agriculture' very wide, industrialists operating in 'agriculture' sector, like big centres of horse breeding

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mifications in other laws. He suggested to keep the definition of 'agriculture' narrow and then adopt the exemption route. The Hon 'ble Minister from Maharashtra stated that exemption limit of Rs. 20 lakh of annual turnover would help actual producers to be out of the tax net but bigger industrialists should not be given the benefit of tax exemption. The Hon'ble Minister from Andhra Pradesh suggested to include fish farming in the exempted category. The Hon'ble Minister from Tamil Nadu suggested to define agriculture product which could be exempt and not to define agriculture. He informed that in Tamil Nadu, there was tax on sugar cane and this would go out of the tax net if a wide definition of 'agriculture' was adopted. The Hon'ble Minister from Kerala expressed agreement with the wider definition of 'agriculture' and suggested that conservation of soil and water shed management should also be added to the definition of 'agriculture' as

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he Odisha VAT Law, there was no definition of 'agriculture' and only specific products were exempt. He stated that in his State, paddy was charged to VAT under reverse charge. He suggested not to define the terms 'agriculture' and 'agriculturist'. The Hon'ble Minister from Maharashtra pointed out that in Article 366 of the Constitution, 'agricultural income' was defined as for the purposes of the enactments relating to Indian income-tax and that the GST law should adopt the definition of agriculture from Income Tax Act. The Hon'ble Chairperson observed that States like Tamil Nadu and Odisha had argued for specific exemption for products rather than a generic exemption. He elaborated that all the produce that came out of land like paddy, wheat and pulses could be exempted as also other products like poultry, egg or milk but the Council might not want to exempt high-end products like prawn and salmon. He further observed that if the definition of &

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griculturists and instead give them specific exemption from tax. The Consultant (GST), CBEC explained that exemption for agricultural products could be handled through the classification of products under the Harmonized System of Nomenclature (HSN). He pointed out that internationally, as per the WTO definition of 'agriculture', products covered under Chapters 1-24 of HSN were normally treated as 'agricultural product' with certain exceptions like fish and fish products and with certain additions like raw silk, wool and raw cotton falling in chapters other than Chapter 1-24. He explained that exemption could be given product-wise as for instance, wheat could be exempted but its product like biscuit could be charged to tax. The Secretary to the Council sought the view of the House as to whether the definitions of the terms 'agriculture' and 'agriculturist' could be removed from the GST Law. The CCT, Karnataka explained that Schedule V of the GST Law exemp

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aya suggested to add handloom to the definition of 'agriculture'. The Secretary to the Council suggested that Officers of the Law Committee should examine whether or not the definition of 'agriculture' and 'agriculturist' was needed in the GST Law and to revert to the Council. The Council agreed to this suggestion.
ii. Section 87A (Power to waive penalty): The Secretary to the Council stated that there was a suggestion from the Central Board of Excise and Customs (CBEC) to add a new Section 87A which read as follows: ” Power to waive Penalty: Notwithstanding anything contained in the provisions of section 85 or 86 of this Act, no penalty may be imposed on an assessee for any failure referred to in the said provisions, if the assessee proves that there was reasonable cause for the said failure or that he had made a reasonable attempt to comply with the provisions of this act to avoid such failure.” The Commissioner, GST Council explained that this provision was

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m the provisions of Section 85 and 86 dealing with 'offences' and 'penalties' and 'general penalty'. The Hon'ble Minister from Uttar Pradesh suggested an alternative approach to reduce the penalty limit for certain class of taxpayers or to provide that for one year after implementation of GST, no penalty to be imposed on taxpayers up to a turnover of say Rs. 50 lakh. The Hon 'ble Minister from Andhra Pradesh observed that discretionary powers created problems at the ground level. The Hon'ble Deputy Chief Minister of Delhi also observed that discretionary powers would be difficult to control. The Secretary to the Council stated that the proposed provision just gave an enabling power to exempt certain categories of taxpayers from penalty and that the Law Committee could redraft the proposed Section 87A on the basis of these discussions and present it before the Council. The Hon'ble Minister from West Bengal and the Hon'ble Deputy Chief Minister

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it was decided to defer decision regarding ITC in respect of capital goods till data on the total quantum of ITC availed on capital goods was received. The Additional Secretary to the Council stated that based on figures gathered from the GAIL and the Department of Telecommunication, the approximate incidence of input tax credit on account of pipelines and telecom towers could be between Rs. 3,600 Crore and Rs. 4,500 Crore per year for the next four to five years. The Hon 'ble Minister from Karnataka observed that if ITC was given for pipelines and telecom towers, this would place the existing investors at a disadvantage vis-å-vis new investors whose capital investment per connection would be lower. The Hon'ble Deputy Chief Minister of Gujarat expressed that credit on pipelines might be allowed for the first five years of implementation of GST only for which compensation was going to be paid to the States. He added that the entire credit might be allowed in the first year

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'ble Minister from West Bengal informed that presently, GAIL might be accounting for 80% of the pipeline business but in future, this could change and the beneficiaries could be other companies such as pipelines laid for transmission of coal-bed methane. He further observed that, in principle, there might not be objection to extending ITC for pipelines. The Hon 'ble Deputy Chief Minister of Gujarat suggested that ITC could be allowed for government entities like Gujarat State Petroleum Corporation Limited (GSPCL). The Council felt that the law should not result in competitive advantage to new players. After further discussion, it was agreed not to extend the benefit of ITC for pipelines and telecom towers.
9.  For agenda item 2, the Council approved the GST Law subject to the relevant decisions/observations as recorded in the Minutes of the 5th and 6th Council meeting on this agenda and as recorded below. It was also agreed that a revised draft incorporating the changes a

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tend the benefit of ITC for pipelines and telecom towers.
v. Revised Section 81 (power to arrest) and 92 (prosecution): The revised formulation in respect of Section 81 and Section 92 approved with the following changes: (a) arrest to be provided for repeat offences; (b) to replace the expression 'Central Government' in the proviso to the explanation in the revised Section 92(1) by the expression 'designated authority.'
vi. Section 87 A (Power to waive penalty): Officers of the Law Committee to redraft Section 87A and it is to be drafted in a manner so as not to give discretion to officers for levying penalty.
vii. Section 95(2) (Relevancy of statements under certain circumstances): To delete the sub-section (2) of Section 95.
vii. Section 100 (Constitution of the National Appellate Tribunal), Section 101 (Appeals to the Appellate Tribunal), Section 102 (Orders of Appellate Tribunal) and Section 103 (Procedure of Appellate Tribunal): The revised draft to be shar

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'may' and to amend Section 138(2) by adding the phrase 'by the GST Council' at the end of the sentence.
xii. Section 142 (Disclosure of information required under section 141): To amend Section 142(3) by changing the maximum limit set for imposing fine from Rupees One Thousand to Rupees Twenty-Five Thousand.
xiii. Section 163 (Anti-profiteering Measure): To amend Section 163(1) by replacing the phrase 'by law' by the phrase 'on the recommendation of the Council by a notification'. Additionally, the requirement of passing the benefit of duty reduction to the consumers should be incorporated in the relevant provisions of the GST Law in addition to that contained in Section
xiv. Section 164 (Repeal and saving): To harmonise the provisions of Section and Section 182.
xv. Section 169 (Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations): The Rules Committee of Officers to provide for allowing ITC

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ch notification shall be issued on the recommendation of the Council.
Agenda Item 2A – GST Treatment of Land and Building (Real Estate)
10. The Secretary to the Council introduced this agenda and explained that in Section 2(49), the definition of 'goods' included only movable property. He pointed out that under the Constitution, States had power to charge stamp duty on transactions in land and building and that the rate of this duty ranged between 5% and 6%. He emphasized that under this agenda item, no change in the scheme of stamp duty was proposed as entry 63 of the State List of Schedule 7 of the Constitution empowering States to charge stamp duty remained intact. He pointed out that today, there existed a dichotomy in rates of Service Tax on property depending upon the fact whether it was bought as an under construction property (which attracted' Service Tax) or as a ready-built property after obtaining completion certificate (which did not attract Service Tax). He

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sed the question as to what percentage of sale of property was fully-constructed vis-å- vis those under construction. The Secretary to the Council stated that such data was not readily available. The Hon'ble Minister from Uttar Pradesh observed that most property sales would be of under-construction property as it would be difficult for developers to fully fund by themselves the development of a property. The Hon'ble Minister from Uttarakhand stated that the hill States should have special exemption. The Hon'ble Chairperson observed that this would be decided once the main issue was settled. The Hon'ble Minister from Punjab observed that if a developer constructed the property on his own, then the completed project's cost would be higher as the developer would also recover the cost of capital investment. The Hon'ble Deputy Chief Minister of Gujarat did not support the proposal under this agenda item. He observed that in almost 90% cases, an under-construct

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ed that if tax was imposed on re-sale of property, say, a hotel, this would help in claiming ITC and lowering the cost of business for the buyer of the hotel. He also stated that charging GST on re-sale of property would also capture the value addition over a period of time. The Hon'ble Deputy Chief Minister of Gujarat pointed out that there was stamp duty on re-sale. The Hon'ble Minister from West Bengal stated that he supported the views expressed by the Hon 'ble Deputy Chief Minister of Gujarat and the Hon'ble Ministers from Uttar Pradesh and Telangana. He observed that all fittings and raw materials used in buildings would largely be tax-paid and this was presently an additional tax gain for the State as no ITC was available on them. He expressed that the proportion of evaded inputs like steel, cement, etc. might not be very high. He further stated that there were much larger transactions in smaller and medium houses and these should not be taxed in addition to the

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hould be left with the States. The Hon'ble Minister from Tamil Nadu stated that the proposal under this agenda item appeared to be unconstitutional as stamp duty was constitutionally retained. He also added that the definition of goods in the Constitution did not include land and building. The Hon'ble Chairperson summed up the two broad viewpoints namely that incidence of tax was likely to go up and the other that the tax amount would remain the same due to availability of ITC on inputs used as construction material. The Hon 'ble Minister from Punjab observed that if GST was imposed on land and building, the cost for the customer would go up. The Chief Economic Advisor stated that if GST was extended to land and building, it would be a transformational GST and would also have a strong anti-corruption, anti-black money signalling. He reminded the House that internationally, GST was charged on supply of property. The Hon'ble Chairperson observed that this idea was transfo

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ble Minister from Tamil Nadu suggested to inselt after Section 2(3) of the Compensation Law, a definition of 'compensation fund' as follows: “Compensation fund means, a non-lapsable fund in the Public Account, for the purpose of compensation to the States for loss of revenue arising on account of implementation of the Goods and Services Tax for a period of five years as per section 18 of the Constitution (101st Amendment) Act 2016.” He further suggested to add the following in the Compensation Law: “The Goods and Services Tax Compensation Fund shall comprise of the Compensation Cess and such other revenues that the Central Government may transfer to it.” He also suggested to add in Section 2(8), the words 'under this Act' after the words 'taxable person'. Similarly, he suggested that in Section 2(12), the words 'under this Act' be added after the word 'State'. He further pointed out that in Section 5(1), there was no reference to ITC adjustment a

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ods and Services Tax.” The Hon'ble Minister from Telangana supported these proposals.
13. The Hon'ble Minister from Odisha stated that as he had stated in the 3rd meeting of the Council, the rate of royalty on coal fixed at 14% ad valorem had had not been received for more than four years. He added that even though the Ministry of Coal had constituted a Committee to revise the rate of royalty on 21 July 2014, the rate of royalty had remained unrevised. 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 least 60% of its proceeds should be shared with the coal-bearing States to meet the negative externalities and remaining 40% of the cess may go to the GST Compensation Fund. He further added that during the 3rd and 4th meetings of

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ation Fund fell short of the amount claimed as compensation by the States. He therefore suggested to add that in case the amount in the Compensation Fund fell short of the total claim made by the States in a year, the balance shall be paid by the Government of India from its Consolidated Fund. He also suggested to re-number the paragraphs relating to 'Base Year', 'Base Year Revenue', 'Projected Growth Rate' and 'Projected Revenue for Any Year' as Section 3, 4, 5 and 6 respectively for the sake of clarity and simplicity.
14. The Hon'ble Minister from Andhra Pradesh observed that collection of cess for giving compensation was not correct and instead, compensation for GST should be borne by the Central Government. He recalled that when VAT was introduced, compensation was paid from the Consolidated Fund of India. The Hon'ble Minister from Maharashtra suggested giving compensation every month. He further suggested and that in view of abolition of th

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Fund was not sufficient to pay compensation, the States must be paid compensation within the five-year period and that levy of cess might be extended beyond five years to recover the shortfall.
15. The Hon'ble Minister from Punjab observed that quarterly payment of cess would, in actual effect, lead to payment after 4 months and suggested to make the period of payment as monthly or bimonthly. He further suggested that if the amount in the Compensation Fund was insufficient, the Government of India should commit to make payment from any other source. He also suggested to add the word 'fee' in Section 5(1)(g).
16. The Hon'ble Minister from Telangana stated that the experience of States for compensation during VAT was not good. He suggested that there should be a provision that if the cess amount was not sufficient for payment of compensation, it would be paid through the Consolidated Fund of India. He also highlighted the need to compensate for Rural Development (RD) C

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tion 5(2) of the IGST Act needed more discussion. He further added that the collection of taxes had fallen during the third quarter and the situation was likely to worsen in the fourth quarter and that there was a likely shortfall of revenue in his State of Rs. 5000 to Rs. 7000 Crore. He observed that the projected collection of compensation amount of about Rs. 55000 Crore might not be sufficient and there was a need to provide in the Act that if there was a shortfall in collection of cess, compensation shall be paid from the Consolidated Fund of India or from some other source. The Hon 'ble Minister from Meghalaya stated that North Eastern States had less resources and compensation should be given on monthly or bi monthly basis. He added that it had been agreed by the Council earlier that tax exempted under the Industrial Policy of Special Category States shall be added to their base year revenue. He observed that this would give them only limited benefit and he urged that additio

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of the month after getting certified accounts. He suggested that compensation should not be linked on the basis of past collection but be paid on a projection basis. He also suggested to amend Section 5(4) in reference to Jammu & Kashmir to indicate that 'the base year revenue shall include the amount of sales tax collected on services.' He further suggested to amend Section 5(5) by adding the word 'remission' along with the word 'exemption'.
19. The Hon 'ble Minister from Chhattisgarh suggested that the Entry Tax collection should not be added as revenue in the year it was collected. The Hon'ble Minister from West Bengal also supported the stand of the Hon'ble Ministers from Odisha, Haryana and Chhattisgarh of either adding the collection of Entry Tax arising out of the judgement of the Supreme Court in the base year 2015-16 or not to add it in the subsequent year when it was actually collected. The Hon 'ble Minister from Kerala suggested to a

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tion. With regard to the suggestion from the Hon'ble Minister from West Bengal, he informed that Section 8 had already been revised and that the revised version had been circulated in the meeting. He stated that as regards the suggestion from the Hon'ble Minister from Odisha and a few other Hon'ble Members, regarding non-inclusion of Entry Tax in the revenue collection of the relevant year, the Council had already agreed earlier that whatever revenue was actually collected by the States would be considered as revenue collected except to the extent that had already been agreed for the Special Category States and that this decision would stand unless the Council agreed to change it. As regards the suggestion of the Hon'ble Deputy Chief Minister from Gujarat regarding refund of cess on exported goods, he pointed out that Section 9 of the Compensation Law provided that all provisions of furnishing return and claiming refund of CGST and IGST shall apply to the Compensation A

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ry Tax in the revenue base, the Secretary to the Council stated that the issue of Entry Tax litigation was earlier discussed in the Council extensively and then it was decided that only actual revenue earned by a State in a year shall be counted towards the revenue collected during a year and as a part of the overall package, it was agreed that an assured growth rate of 14% shall be considered for compensation to States. He added that the suggestion of subtracting the collection of Entry Tax from the revenue collection of States in a year would be unfair to the Central Government. He further added that if an earlier tax dispute pending in a Court was decided in favour of a taxpayer leading to a large amount of refund in a subsequent year, the calculation of tax collected would be net of this refund. The Hon'ble Minister from Assam informed that the disputed amount of Entry Tax for his State was about Rs. 1200 Crore which was for years 2011-12, 2012-13 and 2013-14 and this was likel

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ough taxation or through the Consolidated Fund of India and finally the formulation that was agreed upon was the one which was least burdensome for consumers, namely to collect cess on certain luxury and demerit goods in excess of 28% tax, and that after five years, this cess could be merged with the tax. He added that revenue for the base year 2014-15 was to be based on actual tax collection figure and not on some hypothetical basis of collection. He added that the projected growth rate of 14% on the base year collection was linked to the overall agreement reached regarding compensation and it was not possible at this stage to open only one limb of the agreement. He mentioned that the demand for payment of compensation from the Consolidated Fund of India essentially meant funding compensation from Income Tax or non-tax revenues of the Central Government, which would be a challenge as the Central Government also had its own committed expenditure. He said that based on these considerati

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at after considering various other imponderables. The Hon'ble Minister from Haryana referred to a history of mistrust because CST compensation was not given to the States as per the agreed formula. The Hon'ble Chairperson observed that the Council would now decide upon compensation and the States had also been empowered in the Council. The Hon'ble Minister from Telangana pointed out that the Council had not decided as to how compensation would be paid if there was a shortfall in cess collection. The Hon'ble Chairperson stated that in such an eventuality, the Council could decide to raise the rate of tax or cess. The Hon'ble Minister from Telangana observed that as only four to five Sates were likely to require compensation, it could be provided that in case of a shortfall in cess amount, the compensation could be funded from the Consolidated Fund of the Central Government. The Hon'ble Minister from Tamil Nadu observed that cess should not become a cross around t

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in income tax collection by 13.5% and of Central Excise collection by 23%. He added that there was fall in revenue in Service Tax but this was also the trend in the last year and was possibly due to the effect of post-Diwali festival. The Hon'ble Minister from Kerala observed that there should be clear provision in the Compensation Law as to how 100% compensation shall be ensured and shall be paid within the month. The Hon'ble Minister from Jammu & Kashmir stated that the formulation earlier agreed for compensation was actually an insurance at 14% and there would be compensation even if a State suffered from a calamity. The Hon'ble Minister from West Bengal stated that it should be clearly recorded that there shall be 100% compensation at the projected growth rate of 14%. The Secretary to the Council stated that this was already a commitment but the Council would need to provide for means of raising resources for compensation. The Hon'ble Minister from Karnataka observe

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porate the definition of 'Compensation Fund' in Section 2 to denote a Fund consisting of GST compensation cess revenue and such other revenue as the Council may decide.
ii. To add the word 'fee' in Section 5(1)(g) and this would apply only in case the “fee” being collected under Entry 66 of the State List (in Schedule 7 of the Constitution) was imposed in respect of those entries of the State List (like Entry 54) which had been omitted under the Constitution (One Hundred and First Amendment) Act, 2016.
iii.  To add in Section 2(8), the words funder this Act' after the words 'taxable person.'
iv.  To amend Section 5(4) to indicate that 'the base year revenue shall include the amount of sales tax collected on services.'
v. To amend Section 5(5) by adding the word 'remission' along with the word ' exemption'.
vi. To give compensation on bi-monthly basis and to this extent the decision taken in the first Council meetin

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Assam
9
Bihar
10
Chhattisgarh
11
Haryana
12
Jammu & Kashmir
13
Jharkhand
14
Karnataka
15
Kerala
16
Madhya Pradesh
17
Maharashtra
18
Meghalaya
19
Odisha
Shri Krishna Byregowda
Shri C. Raveendranath
Shri Jayant Malaiya
Shri Sudhir Mungantiwar
Shri Zenith Sangma
Shri Pradip Kumar Amat
Shri Himanta B. Sarma
Shri Bijendra Prasad Yadav
Shri Amar Agrawal
Captain Abhimanyu
Dr. Haseeb A. Drabu
Shri C.P. Singh
Finance Minister
Finance Minister
Minister, Commercial Taxes
Minister, Commercial Taxes
Minister, Excise & Taxation
Finance Minister
Minister for Urban
Development & Housing
Minister for Agriculture
Minister for Education
Finance Minister
Finance Minister
Minister for Taxation
Finance Minister
20
Puducherry
21
Punjab
22
Rajasthan
Shri M.O.H.F. Shahjahan
Shri Parminder Singh Dhindsa
Shri Rajpal Singh Shekhawat
Minister for Revenue
(attended on 23 Dec 2016)
Finance Minister
23
Tamil Nadu
24
Telangana
Shri K. Pandiarajan
Shri E

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G.D. Lohani
15
Govt of India
Shri Paras Sankhla
16
Govt of India
Shri D.S.Malik
17
Govt of India
18
Govt of India
19
Govt of India
20
Govt of India
Shri Hemant Jain
21
Govt of India
Shri Mahar Singh
22
GST Council
Shri Arun Goyal
23
GST Council
24
GST Council
Shri Shashank Priya
Shri Manish K Sinha
25
GST Council
26
GST Council
Ms. Himani Bhayana
Shri G.S. Sinha
27
GST Council
28
GST Council
Shri Rakesh Agarwal
Shri Kaushik TG
Secretary, GST Council & Dept of
Revenue
(Permanent Invitee to GST Council)
Chairman, CBEC
Chief Economic Adviser
Member (GST), CBEC
Director General, GST
Lain Principal Commissioner, (AR),
Ms. Aarti Saxena
Shri Ravneet Khurana
Shri Siddharth Jain
CESTAT, CBEC
Additional Secretary, Dept of
Revenue
Principal Commissioner, Customs,
Delhi, CBEC
Advisor (GST), CBEC
Joint Secretary (TRU), Dept of
Revenue
Commissioner (GST), CBEC
Joint Secretary, Dept of Revenue
Joint Secretary (TRU), Dept of
Revenue
Commis

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Smt. Sujata Chaturvedi
43
Bihar
Shri Arun Kumar Mishra
44
Bihar
Shri Ajitabh Mishra
45
Bihar
Shri Virendra Kumar
46
Chhattisgarh
Ms. Sangeetha P
47
Chhattisgarh
48
88
Delhi
49
Delhi
Shri Khemraj Jhariya
Shri H. Rajesh Prasad
Shri R.K. Mishra
Shri Sharad Kumar Verma
PA to Commissioner
Tax Assistant
Commissioner, Commercial Taxes
Additional Commissioner,
Commercial Taxes
Secretary & Commissioner,
Commercial Taxes
Assistant Commissioner, VAT
Superintendent, VAT
Commissioner, Commercial Taxes
Principal Secretary & Commissioner,
Commercial Taxes
Additional Secretary, Commercial
Taxes
Assistant Commissioner, Commercial
Taxes
PS to Minister
Commissioner, Commercial Taxes
Additional Commissioner,
Commercial Taxes
Commissioner, VAT
Special Commissioner (Policy)
50
Delhi
Shri Anand Kumar Tiwari
Joint Commissioner (GST)
51
Goa
Shri Dipak Bandekar
52
Gujarat
Dr. P.D.Vaghela
53
Gujarat
Ms. Mona Khandhar
Commissioner, Commercial Taxes
Com

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Secretary (Taxes)
67
Madhya Pradesh
68
Madhya Pradesh
Shri Rajesh Bahuguna
Shri Raghwendra Kumar
Singh
Commissioner, Commercial Taxes
APS to Minister
Commissioner, Commercial Taxes
Additional Commissioner
69
Madhya Pradesh
Shri Sudip Gupta
Deputy Commissioner
70
Maharashtra
Shri D.K. Jain
71
Maharashtra
Shri Rajiv Jalota
72
Maharashtra
Shri Dhananjay Akhade
Additional Chief Secretary (Finance)
Commissioner, Sales Tax
Joint Commissioner
73
Maharashtra
74
Meghalaya
Shri Sudhir Rathod
Shri Abhishek Bhagotia
OSD to FM
75
Meghalaya
76
Mizoram
Shri Leonardo Khongsit
Shri Umakant
77
Odisha
Shri Tuhin Kanta Pandey
78
Odisha
Shri Anand Satpathy
Commissioner, Taxes
Assistant Commissioner, Commercial
Taxes
OSD to Govt of Mizoram
Principal Secretary (Finance)
Additional Commissioner,
Commercial Taxes
79
Odisha
Shri Sahadev Sahu
Joint Commissioner, Commercial
Taxes
80
Puducherry
Dr. V. Candavelou
81
Puducherry
Shri G. Srinivas
82
Pun

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Clarification as per Revised GST law

Clarification as per Revised GST law
Query (Issue) Started By: – SANDESH SHINDE Dated:- 22-12-2016 Last Reply Date:- 22-12-2016 Goods and Services Tax – GST
Got 2 Replies
GST
Dear Sir,
Please advise the implications as per revised GST law.
Will Tax adjustments stop after GST or will they continue as this effects operating prices?? Stocks Maintenance Criteria
Regards,
Sandesh Shinde.
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
In my view it will be stopped.
Reply By Ganeshan K

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Impact of GST on Real-Estate Sector

Impact of GST on Real-Estate Sector
By: – Ravi Kumar Somani
Goods and Services Tax – GST
Dated:- 22-12-2016

One of the most complex areas of the tax levied by the Centre and the States is works contract and sale of property. Currently, such transactions are broken into three parts – the value of goods and materials, value of services and value of land. The States apply VAT to the goods portion and the Centre taxes the services portion, with no explicit tax on the transaction value of land. The State also collects stamp duty and registration charges for the registration of property. Each authority taxes on aspects and valuation independent of the others. More than 200% of the value is being taxed in some States which is no fair. Real estate transactions unfortunately are subject to manipulation and undervaluation in most parts of India.
This area has seen extensive litigation and many borderline, illogical reasoning has bene accepted by the tax authorities on the logic

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me, there will not be any concept of manufacture, sale or service etc. There will be only one concept i.e. 'Supply'. All the supplies will be categorized as Supply of goods or Supply of Services or composite supplies (multiple supplies). Construction activities will be 'works contract' which is being categorized as 'Services'.
All builders and developers in India will be collecting and paying CGST and SGST (i.e. Central GST and State GST. The place of supply of the service is the location of the immovable property.
Recently, CBEC has issued a revised updated Model GST Law – Nov 2016 wherein the older version of the draft issued in June 2016 has been partially revised. This article discusses the nuances of revised GST from the point of view of the Real-Estate sector also bringing out the impact that will be caused in this sector. Presently builders/developers are paying following indirect taxes:
* Service tax (ST) on services either to provider or on reverse/ joint charge (sub con

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the current regime (especially the government contracts) could be brought under the tax net in the GST regime. Therefore, if any long term contract is entered in the current tax regime now but if GST is implemented, then the same would be taxable under the strictures of the GST law therefore, It is important to factor the GST impact while arriving at the price of the contract and the burden of the taxes must be clearly reflected in the contract to avoid any complications at a later date.
Expected Rate of Tax: Recently, the GST council has agreed upon the 5 rate structure for levying tax on various goods and services i.e. 1%, 5%, 12%, 18% and 28%. It is expected that the rate of GST that may be applicable on this sector would be mostly 12%. There may not be any further abatement/ composition on this rate. Although this rate will be little on the higher side as compared to current tax rates which is between 6% to 10%. Although such high rate could have an adverse impact on this sector,

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luation of the land. However, it is expected that the same must be clarified by way of issuing a notification during the GST regime. Unclear provisions in this context could lead to large scale disputes.
Requirement of completion certificate: Similar to provisions in service tax, GST is said to be levied if amount is received prior to completion certificate and there would be no GST if the entire amount is received after the completion certificate. Further, it is also stated that even if completion certificate is not received, GST may not be levied after the first occupancy of the premises. This would provide relief to builders who for various reasons were unable to obtain the completion certificate from the authorities and as a consequence were denied the exemption from service tax.
Treatment in case of SEZ/ EOU's: There is no clarity in the model GST law as to continuity of the exemptions in respect of EOU's. However, as far as units operating in the Special Economic Zone are con

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in each State from were the construction activity/ supplies are being undertaken even though the project is for a very small period or for a small value. Although, this scenario is in existent in the current law for the state taxes but the same will now be done even for the central taxes.
High Compliance burden: Compliance burden will be very high in the GST regime as one has to file 37 Returns in one financial year for each registration. Further, returns filed will be matched online with the support of the IT infrastructure with the returns of the vendors/ customers. In case taxes are not paid by the vendors or if the returns are not filed by the vendors, then the credit of such taxes is denied to the customers. Therefore, timely payment of taxes, filing of returns needs to be ensured in the GST regime.
Transitional Credits: To transfer the existing credits in the GST regime, condition has been kept that such credit must have been admissible in the GST regime. Therefore, builders

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o transitional credit on stocks also provides for deemed credit at rates to be prescribed in the absence of duty/ tax paying documents
* Credit of CST: The same cannot be availed based on the stock availability as on the appointed day.
* Entry Tax: Credit of same can be availed subject to possession of appropriate documents for the same in states where such set off is permissible.
Anti-Profiteering Measures: Since a builder will be able to take the credit of goods lying in stock, the tax cost would decrease. This additional benefit accruing to the builders is expected to be passed on to the end consumer by way of reduction in prices etc. A separate authority will be formed in the GST regime to monitor the non-compliance of the anti-profiteering matters which could have an adverse impact on the entire construction industry whose pricing is more market dependent than other factors. Therefore, it is imperative for the builders to establish passing of the GST benefit to its consumers

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. Therefore, if the construction agreements is not in line with the naturally bundled understanding then any differential rate if applicable could be a cause of concern.
Valuation complexities: Valuation of the services would be at the transaction value. However, valuation with the related parties/ between the group companies needs to be properly dealt with and must be kept at the arms length price to avoid unnecessary departmental intrusion.
Good IT Infrastructure: In GST regime, businesses have to move from the manual environment to computerized environment. Only an efficient IT infrastructure and its best usage can help businesses meet the high compliance needs of the GST. If IT infrastructure is not optimally utilized, then it would be challenging for any business including real-estate sector to function efficiently in the GST regime. Further, in the computerized environment, physical interaction with the department officials would reduce substantially. ERP must be customized t

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Daily dose of GST updation by CA Pradeep Jain

Daily dose of GST updation by CA Pradeep Jain
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 22-12-2016

DAILY DOSE OF GST UPDATE BY CA PRADEEP JAIN
DEFINITION OF CAPITAL GOODS UNDER REVISED GST LAW:-
The definition of capital goods has undergone a substantial change in the revised GST Law. The definition of capital goods under revised GST Law is given under section 2(19) which states that capital goods means goods, the value of which is capitalised in the books of accounts of the person claiming the credit and which are used or intended to be used in the course or furtherance of business.
As contrast to the above definition, the definition of capital goods under earlier GST law was similar to that given under Ce

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goods but are not capitalised will have effect in following situations:-
The provisions regarding payment of amount on supply of used capital goods will not apply for such goods. In case of supply of capital goods or plant and machinery on which input tax credit has been taken, the registered taxable person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery reduced by percentage points as prescribed or transaction value of capital goods whichever is higher.
There is different time period specified for job work of inputs and capital goods. In case of job work of inputs, the time limit for receipt of goods by the principal is specified as one year while in case of job work of capital g

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Input TAx Credit Conditions

Input TAx Credit Conditions
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 21-12-2016

Introduction
Tax credit is the mechanism which ensured avoidance of cascading effect. Principally cascading means paying tax on tax. Presently an assessee pays excise duty and thereafter pays sales tax in the form of vat on the said excise duty. This is an example of cascading effect. However, when it is required to pay sales tax then assessee is eligible to avail of set off of the tax already paid by it in the form of sales tax while procuring raw materials or inputs or goods in trade. Same concept is applicable with the excise duty and service tax. But inter-credit of sales tax and excise duty is not available presently. However, inter set off of credit between excise duty and service tax is available to certain extent. GST aims at bringing all the taxes viz service tax, excise duty and sales tax at par and ensure that the set off taxes is available to assesses at all

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d goods are received,
(b) two-third of the total input tax, including the credit availed in the first financial year, in the financial year immediately succeeding the year referred to in clause (a) in which the said goods are received, and
(c) the balance of the amount of credit in any subsequent financial year.
(2) Notwithstanding anything contained in this section, but subject to the provisions of section 36, no registered taxable person shall be entitled to the credit of any input tax in respect of any supply of goods and/or services to him unless,-
(a) he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other taxpaying document(s) as may be prescribed;
(b) he has received the goods and/or services;
(c) the tax charged in respect of such supply has been actually paid to the account of the appropriate Government, either in cash or through utilization of input tax credit admissible in respect of the said supply; and
(d) he

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ocuments of title to goods or otherwise.
(3) Where the registered taxable person has claimed depreciation on the tax component of the cost of capital goods under the provisions of the Income Tax Act, 1961(43 of 1961), the input tax credit shall not be allowed on the said tax component.
(4) A taxable person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services after furnishing of the return under section 34 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier.”
Analysis of the Section 16
1. Every registered taxable person shall be entitled to take input tax credit here in after referred to as ITC. It means in order to avail of input tax credit following are essentialities:-
* A person should be “taxable person” or in other words he should not be exempted under GST .
* Sec

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amounted to ₹ 90,000/-, the credit on such goods shall be allowed as follows:
Year
Cumulative credit that can be claimed
2017-18
Upto 30,000/-
2018-19
Upto 60,000/-
2019-20
Upto 90,000/-
4.Further, in order to claim input tax credit following conditions are required to be fulfilled cumulatively:-
* The registered taxable person should be in possession of tax invoice, debit note, other tax-paying document.
* He should have received goods and/or services.
This condition is to ensure that ITC shall not be allowed on the basis of bogus invoice or documents. Further, for this condition it shall be deemed that the taxable person has received goods when goods are sent to any other person on his direction, whether as an agent or otherwise, before or during the movement of goods, either by way of transfer of documents of title to goods or otherwise.
Let us understand this with the help of an illustration.
Mr. X purchased goods from Mr.Y and paid tax of ₹ 10,000. But

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n in this case the assessee will be eligible to avail of input tax credit on 7th April 2017 in respect to the entire lot. He will not be eligible to avail of input tax credit proportionately on partial receipt of goods.
* Condition applicable to services – There is a special provision in respect of services. This is not applicable to goods. The provision states that if the recipient of services fails to pay to the supplier of services the value of service and tax thereon within a period of 3 months from the date of invoice then ITC availed of by the recipient in respect to the said extent of value and tax thereon shall be added to his output tax liability and recovered along with interest.
* Where depreciation is claimed on the tax component under the provisions of the Income Tax Act 1961, then input tax credit shall not be allowed on the said tax component. This is to avoid double benefit of the single amount.
* Lastly, input tax credit shall not be allowed in respect of any inv

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NEW CONCEPTS OF SUPPLY IN REVISED GST LAW

NEW CONCEPTS OF SUPPLY IN REVISED GST LAW
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 21-12-2016

NEW CONCEPTS OF SUPPLY IN REVISED GST LAW:-
The revised GST Law introduces three new concepts of supply which are discussed in this update.
COMPOSITE SUPPLY:- Section 2(27) defines this term as “composite supply” means a supply made by a taxable person to a recipient comprising two or more supplies of goods or services, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply.
Illustration given in Revised GST Law: Where goods are packed and transported with insurance, the supply of goods, packing mater

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complex service. The introduction of concept of composite supply in GST regime is similar to the concept of bundled services under Service Tax Laws.
MIXED SUPPLY:- Section 2(66) defines this term as “mixed supply” means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply.
Illustration given in Revised GST Law: A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drink and fruit juices when supplied for a single price is a mixed supply. Each of these items can be supplied separately and is not dependent on any other. It shall not be a m

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ncipal supply.
(b) a mixed supply comprising two or more supplies shall be treated as supply of that particular supply which attracts the highest rate of tax.
The above provisions will definitely create disputes and litigation as whether the supply is composite or mixed will be dependent on facts and circumstances of a particular case. Moreover, the revenue department will consider a supply as composite or mixed according to the highest tax criteria. It was hoped that the GST regime would dispense with the classification disputes and lead to lesser litigation but introduction of above concepts will definitely ignite litigation.
PRINCIPAL SUPPLY:- Section 2(78) defines this term as “principal supply” means the supply of goods or services

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AGGREGATE TURNOVER UNDER GST

AGGREGATE TURNOVER UNDER GST
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 20-12-2016

Scope of 'aggregate turnover' [Section 2(6)]
As per section 2(6) of the Model GST Act, 'aggregate turnover' shall be total of the following amounts or sums in relation to a person carrying on business, i.e., aggregate of the following-
* Value of all taxable supplies of goods and services
* Value of exempt supplies of goods and services
* Value of all goods and services exported
* Value of inter-State supplies
However, aforementioned value of aggregate turnover would exclude taxes, if any, charged under the CGST Act, IGST Act and SGST Act. It will also not include the value of inward supply on which tax is

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s ₹ 2.00 lakhs
* Value of exports ₹ 0.70 lakhs
* Exempt supplies ₹ 0.60 lakhs
* IGST/CGST/SGST paid ₹ 0.20 lakhs
* Aggregate turnover ₹ 4.00+5.00+0.7+0.6 = ₹ 10.30 lakhs.
As per revised model law, value of non-taxable supply shall not be considered while calculating aggregate turnover as it is not provided in definition of aggregate turnover.
Relevance of person having the same PAN
“Person having the same PAN” means all the business entities of a person across India having the same Permanent Account Number (PAN) in Income Tax. For example, if a person is having, say 10 branch offices in different parts of a country under a same PAN filing single income tax return, his turnover for all such off

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y a registered job-worker, after completion of job-work shall be treated as the supply of goods by the 'principal' in terms of section 55 (i.e., Special Procedure for Removal of goods for Certain Purposes) of model GST Law. The value of such goods shall not be included in the aggregate turnover of the registered job worker.
Aggregate turnover under GST v. service taxation
Aggregate turnover under GST regime includes value of all taxable supplies, exempt supplies, export of goods and inter-State supplies excluding taxes and turnover under reverse charge and inward supplies.
While, in service tax, aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued during a financial ye

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Registration , Amendment and Cancellation under Revised GST Law

Registration , Amendment and Cancellation under Revised GST Law
By: – Sanjeev Singhal
Goods and Services Tax – GST
Dated:- 20-12-2016

It is important to understand provision of GST law that when the registration is required like at what value of turnover , kind of person covered for registration, what are the situation where registration is required without the threshold limit means after the occurring of particular transaction or transaction by particular person. How the amendment in the registration could be effected and cancellation of the same.
For applying of limit of ₹ 20 lacs or 10 lacs as per Schedule -V , one need to understand the definition of “Aggregate Turnover” provided in Section -2[6] of Revised MGL.
“Aggregate Turnover” means aggregate value of all taxable supplies, exempt supplies, export of goods and or services and interstate supplies of a person having the same PAN , to be computed on all India basis and exclude taxes , if any, charged under

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Person having multiple business vertical in the State, may apply for each vertical but not necessary.
Person who does not fall under Schedule -V , may apply for registration voluntarily.
Person having Permanent Account Number in Income Tax Act,1961 shall be eligible for registration as aforesaid. Person who is required to deduct tax u/s 46 will required to have TAN for the registration.
Non resident taxable person can take registration under the law on the basis of other documents as may be prescribed.
Any specialized agency like United Nation Organization and Multilateral Financial Institution, Organization notified under the United Nations ( Privilege and Immunity ) Act ,1947, Consulate or embassy of Foreign countries or any other person or class of person as notified shall obtain Unique Identification Number instead of regular number as may be prescribed including refund of taxes for the good and services received by them.
Certificate of registration shall be issued in p

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er Sec. 8[4].
* Every person supplying online information and database excess or retrieval services from place outside India to person in India.
Special provision for Casual Taxable Person and Non Resident Taxable Person [ Sec. 24]
* Certificate issue to above both category shall be valid for days mentioned in the application or 90 days from the effective date of registration. which ever is earlier. But on request this period may be further extended for 90 days.
* Such taxable person at the time of seeking registration u/s 23 , make advance deposit of tax equivalent to the estimated liability of such person for the period of registration or extended registration.
* Amount deposited in 2 above shall be credited to his electronic cash ledger and shall be utilized in the manner specified in Section- 44.
Amendment of Registration [ Sec.25]
* Every RTP shall inform the proper officer of any changes for information furnished at the time of registration or later on within the pre

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us period of six months.
* person taken voluntary registration and has not commenced business in six months from the date of registration.
Where registration is obtained by means of fraud, willful misstatement or suppression of fact, the PO may cancel the registration with retrospective effect subject to the provision of Section 37.
The liability to pay tax of RTP in situation of such cancellation shall not be effected
Every RTP whose registration is cancelled, pay liability by way of debit in electronic cash ledger, equivalent to the credit of input tax in respect of input held in stock of raw material, semi finished or finished goods on the day immediately proceeding to such cancellation or the output tax payable which ever is higher , as may be prescribed.
In case of capital goods, taxable person shall pay an amount equal to the input taken on such goods reduced by the percentage point as prescribed or the tax transaction value of such goods which ever is higher.
Revocatio

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N
The above shall be taken on all India basis. Aggregate turnover does not include value of supplies under reverse charge basis and value of inward supplies.
Q-3 if person is doing business in different States, with same PAN, weather he can operate with single registration like centralized registration.
Ans; No , there is no concept of centralized registration in GST. In each State where the business is operating , person has to take registration in each State as per Sec.23[1].
Q-4 Weather the registration granted to one person is permanent?
Ans; yes, unless surrendered or cancelled.
Q-5 What is responsibility of taxable person while supplying to UN bodies?
Ans; Taxable person shall write UIN on invoice and supply as registered taxable person.[ B2B] and the invoice will be uploaded by supplier.
Q-6 Is it necessary for Govt. organization to get registration?
Ans; UIN will be given by each State to Govt. Organization / PSU. Not making any outward supply of GST goods but making

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re job worker is registered or the principal declare the place of business of the job worker as his additional place of business.
Q-12 is there any system to facilitate small dealer having no IT infrastructure.
Ans; yes . Tax Return Preparer [TRP] and Facilitation Centre [FC]
Q-13 Can the registration certificate be downloaded from the GST portal?
Ans; in case registration is granted , it can be downloaded from GST portal.
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 specialisation in Service Tax and Haryana VAT. He can be reached at sanjeev.singhal@skaca.in
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