Notice to non-filers of returns
Rule 9
Bill
Draft GST Return Rules
Draft – Goods And Services Tax – Return Rules, 20 [September 2016]
9. Notice to non-filers of returns
A notice in
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Form and manner of submission of statement of supplies effected through e-Commerce
Rule 8
Bill
Draft GST Return Rules
Draft – Goods And Services Tax – Return Rules, 20 [September 2016]
8. Form and manner of submission of statement of supplies effected through e-Commerce
(1) Every e-Commerce operator required to collect tax at source under section 43C shall furnish a statement in FORM GSTR-8 electronically through the Common Portal, either directly or from a Facilitation Centre
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Form and manner of submission of return by a person required to deduct tax at source
Rule 7
Bill
Draft GST Return Rules
Draft – Goods And Services Tax – Return Rules, 20 [September 2016]
7. Form and manner of submission of return by a person required to deduct tax at source
(1) Every registered taxable person required to deduct tax at source under section 37 shall furnish a return in FORM GSTR-7 electronically through the Common Portal either directly or from a Facilitation Ce
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Form and manner of submission of return by an input service distributor
Rule 6
Bill
Draft GST Return Rules
Draft – Goods And Services Tax – Return Rules, 20 [September 2016]
6. Form and manner of submission of return by an input service distributor
Every input service distributor shall, after adding, correcting or deleting the details contained in FORM GSTR-6A, furnish electronically a return in FORM GSTR-6, containing the details of tax invoices on which credit has been receiv
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Form and manner of submission of return by non-resident taxable person
Rule 5
Bill
Draft GST Return Rules
Draft – Goods And Services Tax – Return Rules, 20 [September 2016]
5. Form and manner of submission of return by non-resident taxable person
Every registered non-resident taxable person shall furnish a return in FORM GSTR-5 electronically through the Common Portal, either directly or from a Facilitation Centre, notified by the Board or Commissioner, including therein the de
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Form and manner of submission of quarterly return by the composition supplier
Rule 4
Bill
Draft GST Return Rules
Draft – Goods And Services Tax – Return Rules, 20 [September 2016]
4. Form and manner of submission of quarterly return by the composition supplier
(1) Every registered taxable person paying tax under section 8 shall, after adding, correcting or deleting the details contained in FORM GSTR-4A, furnish a quarterly return in FORM GSTR-4 electronically through the Commo
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Form and manner of submission of monthly return
Rule 3
Bill
Draft GST Return Rules
Draft – Goods And Services Tax – Return Rules, 20 [September 2016]
3. Form and manner of submission of monthly return
(1) Every registered taxable person, other than a taxable person paying tax under section 8, shall furnish a return under sub-section (1) of section 27 in FORM GSTR-3 electronically through the Common Portal either directly or from a Facilitation Centre, notified by the Board or Commissioner.
(2) Part A of the return under sub-rule (1) shall be electronically generated on the basis of information furnished through returns in FORM GSTR-1, FORM GSTR-2, electronic credit ledger, electronic cash ledger and electronic tax liabi
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Form and manner of furnishing details of inward supplies
Rule 2
Bill
Draft GST Return Rules
Draft – Goods And Services Tax – Return Rules, 20 [September 2016]
2. Form and manner of furnishing details of inward supplies
(1) Every registered taxable person required to furnish the details of inward supplies of goods and/or services received during a tax period under sub-section (2) of section 26 shall, on the basis of details contained in Part A of FORM GSTR-2A, prepare such details in the manner specified in sub-section (1) of the said section and furnish the same in FORM GSTR-2 electronically through the Common Portal, either directly or from a Facilitation Centre, notified by the Board or Commissioner, after including the
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l in FORM GSTR-2.
(5) The details of invoices furnished by an Input Service Distributor in his return in FORM GSTR-6 under rule 7 shall be made available to the recipient of credit in Part B of FORM GSTR 2A electronically through the Common Portal and the said recipient may include the same in FORM GSTR-2.
(6) The details of tax deducted at source by the deductor under section 37 furnished in FORM GSTR-7 shall be made available to the deductee in Part C of FORM GSTR-2A electronically through the Common Portal and the said deductee may include the same in FORM GSTR-2. electronically through the Common Portal and the said deductee may include the same in FORM GSTR-2.
(7) The details of tax collected at source by an e-commerce operator und
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Form and manner of furnishing details of outward supplies
Rule 1
Bill
Draft GST Return Rules
Draft – Goods And Services Tax – Return Rules, 20 [September 2016]
DRAFT
GOODS AND SERVICES TAX – RETURN RULES, 20
Note: Corresponding changes in the Model GST Law are being carried out separately. Comments , if any may kindly be given by 28th September, 2016.
Chapter-__:
RETURNS
1. Form and manner of furnishing details of outward supplies
(1) Every registered taxable person required to furnish the details:
(a) of outward supplies of goods and/or services effected during a tax period under sub-section (1) of section 25; and
(b) of outward supplies of goods and/or services effected during an earlier tax period under sub-se
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Transition of Closing Balance of ITC under the present tax regime to GST tax regime.
By: – Anuj Bansal
Goods and Services Tax – GST
Dated:- 5-10-2016
This article is in continuity of the article earlier written by the Author and is published in Tax Management India as regards transition of registration of the dealers under the existing system to GST system. In short, it was explained in the earlier article that the registration of existing dealers will automatically be converted to registrations under GST law and certain basic details of the dealers will also be inserted in the new registration system except that details which may further be required.
Another important aspect in the transition from the existing system to GST regime is the carryover of closing balance of ITC from present tax regime to GST regime. It is quite important to understand the process of carryover of closing balance of ITC to GST regime so that full benefit of ITC is available to a dealer. ITC
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t return for the period ending March, 2017 will automatically be carried over in the system for the purpose of CGST or SGST as the case may be. In other words, the amount of ITC to be carried over shown in the return for Service Tax / Excise Duty or for VAT as the case may be shown by a dealer will be automatically taken by the system.
It may be stated once the ITC is carried over in the return of the present law and considered in the first return under GST law, there is no mechanism to correct / revise ITC carried forward from the earlier period. Therefore, the dealer is required to take an extra precaution in filing the last return for the present tax regime and first return for the GST regime. In other words, in case any amount of ITC is left out in the return for the period ending March, 2017, the dealer can only claim cash refund from the department and which would be difficult.
As per the existing provisions of Service Tax / Excise Duty return for the month of March 2017 will b
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dealer correctly in respect of all the transactions.
In short, it is stated that the dealer has to be cautious in filing the returns under existing laws for the month of March 2017 claiming the correct amount of ITC carried over and such returns should be in any case filed before 20th May 2017 on which date the returns under GST Law will become due.
Transition of closing balance ITC on the appointed date in relation to capital goods:
This situation is relevant in the cases where the assesse has partly claimed ITC on the Capital Goods in the present tax regime and the balance is pending for claim during GST Regime. In such situation, the assessee will determine the total balance ITC on capital goods on the appointed date and he will be allowed to consider the ITC in his first return under GST regime. Here the department has allowed the assessee to manually insert the value of the balance ITC relating to capital goods. It is suggested that the dealer should maintain proper accounts /
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uld be in possession of invoices and other prescribed documents evidencing payment of duty/ tax under the earlier law. Therefore, it is suggested in such situations to start preparing / documenting such kind of invoices which would be relevant for claiming ITC on the closing stock.
Dealers who are registered under the composition scheme under earlier law but under GST regime paying tax as general / normal dealer, the ITC in regard to the stock held by such dealers on the appointed date will be available in GST regime. However, the dealer should be in possession of invoices or any other prescribed documents evidencing the payment of duty / tax.Moreover, the dealer would be eligible for ITC on receipt of such goods under earlier law but for being a composite dealer has not claimed ITC in earlier law. Such kind of ITC shall also be admissible under the GST regime. Therefore, it is suggested that if any such kind of situation is envisaged, proper records of invoices / documents evidencing
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TAX INVOICE, CREDIT AND DEBIT NOTES UNDER MODEL ‘GST’ LAW
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 5-10-2016
Chapter VII of Model GST law ('law' for short) discusses about the tax invoice, credit and debit notes.
Tax invoice
Tax invoice is to be issued for both taxable goods as well as taxable service. Section 23 of the law provides that a registered taxable person supplying-
* Taxable goods shall issue a tax invoice showing the description, quantity and value of goods, the tax thereon and such other particulars as may be prescribed;
* Taxable service shall issue a tax invoice, within the prescribed time, showing the description, the tax charges thereon and such other particulars as may be prescribed.
Contents of tax invoice
The tax invoice, in general, shall have the following details-
* name, address and GSTIN of the supplier;
* a consecutive serial number containing only alphabets and/or numerals, unique for a financial yea
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sed Invoice' or 'Supplementary Invoice' is to be indicated prominently, where applicable along with the date and invoice number of the original invoice; and'
* signature or digital signature of the supplier or his authorized representative;
The Board/Commissioner may specify, by notification-
* the number of digits of HSN code for goods or the accounting code for services, that a class of taxable persons shall be required to mention, for such period as may be specified in the said notification, and
* the class of taxable persons that would not be required to mention the HSN code for goods or, the Accounting Code for Services, for such period as may be specified in the said notification.
Invoice in exports
The invoice, in case of exports, shall carry an endorsement 'Supply meant for Export on Payment of IGST' or 'Supply meant for export under bond without payment of IGST'. The following details are to be incorporated in the invoice-
* name and address of the recipient;
* ad
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porter' and the triplicate copy is to be marked as 'Triplicate for supplier'. The duplicate copy is not required to be carried by the transporter if the supplier has obtained an Invoice Reference Number.
The invoice in case of supply of services shall be prepared in duplicate. The original copy is to be marked as 'original for recipient' and the duplicate copy is to be marked as 'duplicate for supplier'.
The serial number of invoices issued during a tax period shall be furnished electronically through the common portal in Form GSTR-1.
Invoice Reference Number
A registered taxable person may obtain an 'invoice reference number' from the common portal (the common GST electronic portal approved by the Central Government and State Governments, on the recommendation of the Council, for the specified purposes, as may be notified under this Act) by uploading, on the said portal, a tax invoice issued by him in Form GST-INV-1 and produce the same for verification by the proper officer as re
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ch particulars as may be prescribed. A bill of supply shall be issued by the supplier containing the following particulars-
* name, address and GSTIN of the supplier;
* a consecutive serial number containing only alphabets and/or numerals, unique for a financial year;
* date of issue;
* name, address and GSTIM/.UID, if registered of the recipient;
* HSN Code of goods or Accounting Code for services;
* Description of goods of services;
* value of goods or services taking into account discount or abatement, if any; and
* signature or digital signature of the supplier or his authorized representative.
The bill of supply is not required to be issued if the value of the goods or services is less than ₹ 100/- where the recipient of the goods or services requires such bill. The registered taxable person shall prepare a consolidated bill of supply at the close of each day in respect of all such supplies where the bill of supply has not been issued due to lesser value to
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issued by the said person if the incidence of tax and interest on such supply has been passed by him to any other person.
Section 24(2) of the law provides for the issue of a debit note. Where a tax invoice has been issued for supply of any goods and/or services and the taxable value and/or tax charged in that tax invoice is found to be less than the taxable value and/or tax payable in respect of such supply, the taxable person, who has supplied such goods and/or services, shall issue to the recipient a debit note containing such particulars as may be prescribed on or before the thirtieth day of September following the end of the financial year in which such supply was made, or the date of filing of the relevant annual return, whichever is earlier.
Section 24(3) of the law imposes an obligation on a person who issues or receives a debit note or credit note. Any registered taxable person who issues or receives a credit or debit note in relation to a supply of goods and/or services sha
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of supply;
* taxable value of goods or services, rates of tax and the amount of tax credited or debited to the recipient; and
* signature or digital signature of the supplier or his authorized representative.
Tax invoices of 'input service distributor'
"Input Service Distributor" means an office of the supplier of goods and / or services which receives tax invoices issued under section 23 towards receipt of input services and issues tax invoice or such other document as prescribed for the purposes of distributing the credit of CGST (SGST in State Acts) and / or IGST paid on the said services to a supplier of taxable goods and / or services having same PAN as that of the office referred to above.
For the purposes of distributing the credit of CGST (SGST in State Acts) and / or IGST, Input Service Distributor shall be deemed to be a supplier of services.
A tax invoice issued by an 'Input Service Distributor' shall contain the following details-
* name, address and GS
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ancial company, the said supplier shall issue a tax invoice or any other document in lieu thereof, by whatever name called, whether or not serially numbered and whether or not containing the address of the recipient of taxable service but containing other information as required for a tax invoice.
Tax invoice of a GTA
Where the supplier of taxable service is a goods transport agency supplying services in relation to transportation of goods by road in a goods carriage, he shall issue a tax invoice or any other document in lieu thereof, by whatever named called-
* containing the gross weight of the consignment;
* name of the consignor and the consignee;
* registration number of goods carriage in which the goods are transported;
* details of goods transported;
* details of place of origin and designation;
* GSTIN of the person liable for paying tax whether as consignor or consignee or GST; and also
* contains other information as prescribed for tax invoice.
Tax invoice of
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Impact of GST on Real Estate Sector
By: – Atul Rathod
Goods and Services Tax – GST
Dated:- 4-10-2016
Impact of GST on Real Estate Sector:-
Background:-
Since the Model law of GST has come in public domain on 14.06.2016 and bill has been passed in Rajya Sabha and even expected to get effective from 01.04.2017. The purpose of this article is to give overview on impact of GST on Real Estate Sector due to change in Indirect tax structure. GST will play a major role in real estate sector as most of the purchases made by builder from unorganized persons, but in GST they need to purchase from organized persons.
This is 2nd in Series. (Impact of GST on various sectors)
Positive Impact:-
* One Tax: In Present structure of GST, there are various kinds of taxes such as Service tax, VAT, CST But in GST Regime there is only one tax i.e. GST however, there will be three parts such as CGST, SGST, IGST.
* Works Contract is deemed as “Supply of Service”: The major issues are i
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he department saying it is “works contract service” and not “Construction of residential complex service” or vice versa, whereas no such disputes is going to arise in GST. This will save litigation cost as part of the cases in litigation is around classification issues.
* No Cascading effect: In Current Regime of tax a builder is not eligible to take credit of CST on purchases made from interstate where as in GST the same is allowed as credit and there is no cascading effect to the extent of CST. However, Petrol & Diesel which is also key raw material of the Real estate has been kept out of the GST Regime, hence to the extent of the same cascading effect is going to be retain and the same will be added as cost. Further, there is no provision of exclusion of Property tax in GST Regime, may invoke basis fundamental of GST Regime.
* No Joint Charge In works contract service: In Present Regime of law, there is huge problems has been facing while calculating the liability where the part
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ake” unless it is contrary to law.
* No assessment by multiple tax authorities: Generally A Builder are facing many difficulties in handling the assessments done by the Separate authorities for VAT, Service Tax, CST, etc. In GST Regime it is expected that assessment will be done by one authority to the extent of limit of turnover, if the turnover exceed prescribed limit than assessment going to be done by another authority.
* Electronic Mode for Forms: In current Regime of tax there is very much manual filing of documents such as initial declaration and other forms but in GST Regime there will be less manual filing of documents and more through electronic mode. Further, the communication with department also could be through electronic mode.
* Compliance:-In GST Regime huge Compliance would be there however, it could be negative impact as well as positive.
Negative Impact
* Rate of tax: In current tax regime the consumer pays approximately 6% as Service tax and 5% as VAT which
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ereas in GST Regime all the free supplies given by Service receiver also must be included in Valuation for GST. Further, freebies given at the initial bookings also must be assessable to GST.
* Registration: Generally it is seen that Construction Company may have various sites in the country, in present regime he may take centralized registration and was adding the sites in registration certificate whereas in GST Regime construction company does not have any option and has to take registration in state wise which may increase the compliance cost.
* Reverse Charge on Goods: In Current Regime Of tax structure there was reverse charge on specified services but in case of GST even the reverse charge will be applicable on goods.
* Post supply Discount: If the Discount has to be given post supply than it must be known to both the parties at the time of supply or pre-supply and the proof of being known is the clause of discount must be there either in contract or agreement or offer etc.
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Highlights of Draft GST Rules & Formats which got approved by the GST Council
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 3-10-2016
Dear Professional Colleague,
Highlights of Draft GST Rules & Formats which got approved by the GST Council
The Government is not leaving any stone unturned to roll out the much awaited indirect tax reform from April 1, 2017. In less than a week after the first meeting of the GST Council (on September 22-23, 2016), the Central Board of Excise and Customs (“CBEC”) on September 26, 2016, has unveiled the Draft Rules and formats under GST relating to registration, invoice and payment. Further on September 27, 2016, more GST Draft Rules and formats on return and refunds were also put in public domain (collectively referred to as “the Draft GST Rules”). Earlier, in the month of October, 2015, the Draft GST Business Processes on registration, payment, returns and refunds were put in public domain for public comments.
Draft GST Rules
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in its first meeting held on September 22-23, 2016 has given the power for assessment to Centre for assessing 11 lakh Service tax assessees who are currently assessed by them. However, there were divisions over ratifying/ approving the minutes of the first meeting of the GST Council after at least two States disagreed with the Centre's power for assessing these taxpayers in the new dispensation. The discussion was in conclusive and therefore it will continue in the next meeting.
The next meeting of GST Council will be held on October 18-20, 2016 to discuss on issues like Service tax assessment and the formula for calculating compensation to be paid to States in case of revenue shortfall as a result of implementation of the GST regime, possibly from April 1, 2017.GST rates, Draft GST law to be decided by November 22, 2016.
Key Highlights of the Draft GST Rules
Key highlights of the Draft GST Rules for registration, invoice, payment, return and refunds are stated below for easy d
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t, 20
2
GST REG-02
Acknowledgement
3
GST REG-03
Notice for Seeking Additional Information/ Clarification/ Documents relating to Application for<>
4
GST REG-04
Application for filing clarification/additional information/ document for <>
5
GST REG-05
Order of Rejection of Application for <>
6
GST REG-06
Registration Certificate issued under Section 19(8A) of the Goods and Services Tax Act, 20
7
GST REG-07
Application for Registration as Tax Deductor or Tax Collector at Source under Section 19(1) of the Goods and Service Tax Act, 20
8
GST REG-08
Order of Cancellation of Application for Registration as Tax Deductor or Tax Collector at Source under Section 21 of the Goods and Service Tax Act, 20.
9
GST REG-09
Application for Allotment of Unique ID to UN Bodies/Embassies /any other person under Section 19(6) of the Goods and Service Tax Act, 20.
10
GST REG-10
Application for Registration for Non Resident Taxable Person.
11
GST REG-11
Application for Amendment in
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ment of existing taxpayer
24
GST REG-24
Application for Cancellation of Registration for the Migrated Taxpayers not liable for registration under Goods and Services Tax Act 20
25
GST REG-25
Application for extension of registration period by Casual / Non-Resident taxable person.
26
GST REG-26
Form for Field Visit Report
* Online filling of application- Application for registration is to be made online either directly on the GSTN Portal or through Facilitation Centres (FC) notified by the Board or Commissioner.
* Verification of Information- For GST Registration, Part A of FORM GST REG-01 (application for registration under Section 19(1) of the Model GST Act) seeks to verify PAN through Income Tax Portal, mobile number and email i.d. through one-time password (OTP) sent to the said mobile number/email address.
* No fee for filling registration application-No fee is payable for filing application for registration as nothing regarding fee is mentioned under Draft Registrati
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a provisional basis and a certificate of registration incorporating the GSTIN therein, shall be made available on the Common Portal.
Thereafter, an application along with the information/documents specified therein shall be submitted electronically. Information asked for shall be furnished within a period of 6 months or such further period as may be extended by the Board or Commissioner. Failure to submit relevant information within prescribed time period can lead to cancellation of provisional registration.
* Physical verification of business premises- Verification of premises may be taken up by the proper officer after granting registration and verification report to be uploaded in Form GST REG-26.
Read more on the Draft Rules and Formats for Registration under GST at:
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-registration-rules.pdf
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-formats-under-registration-rules.pdf
II: Draft Rules and Formats for Paymen
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and the electronic cash ledger in FORM GST PMT-3.
* Mode of Payment of tax- Tax can be paid either through net banking, credit or debit card, NEFT/RTGS, Over the Counter (“OTC”) [OTC payment only up to ₹ 10,000per challan per tax period].
* Unique Identification Number (UIN)- A UIN shall be generated at the Common Portal for each debit or credit to the electronic cash or credit ledger. Generation of UIN for every transaction – to be correlated with tax liability register.
* 7 Forms for Payment prescribed -7 Forms for payment has been prescribed (Form GST PMT-1 to Form GST PMT -6 and Form GST PMT-2A), namely-
Sr No.
Form No.
Title of the Form
1.
Form GST PMT-1
Electronic Tax Liability Register of Taxpayer
(Part-I: Return related liabilities)
Electronic Tax Liability Register of Taxpayer
(Part-II: Other than return related liabilities)
2.
Form GST PMT-2
Electronic Credit Ledger
3.
Form GST PMT-2A
Order for re-credit of the amount to cash or credit ledger
4.
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oice Rules have 5 Rules viz. Tax invoice, Manner of Issuing Invoice, Bill of supply, Supplementary tax invoice and Credit or debit notes, Tax Invoice in special cases.
* Information to be filed in Tax Invoice-The Draft Invoice Rules provides that the tax invoice which is to be issued by supplier shall have an extensive list of information, numbering around 20 viz. name, address and GSTIN of the supplier, HSN code of goods or Accounting Code of services, rate of tax (CGST, SGST or IGST), place of delivery where the same is different from the place of supply etc.
Also, in case of exports information such as name and address of the recipient, address of delivery, name of the country of destination and number and date of application for removal of goods for export [ARE-1] are also required to be given.
* Manner of issuing invoice- The invoice shall be prepared in triplicate, in case of supply of goods, and in duplicate, in case of supply of services.
* Form for application for Elect
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s to be issued at the time of supply.
Read more on the Draft Rules and Formats of Invoice under GST at:
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-invoice-rules.pdf
http://www.cbec.gov.in/htdocs-cbec/gst/draft-formats-under-invoice-rules.pdf
IV: Draft Rules and Formats for Return under GST
A return is a statement of specified particulars relating to business activity undertaken by the taxable person during a prescribed period. GST is a self-assessed destination based consumption taxation system. Thus, the submission and processing of return is an important link between the taxpayer and tax administration. Chapter – VIII of the Model GST Act contains the provisions regarding returns.
The Draft Rules of Return under GST (“the Draft Return Rules”) along with Return Formats have now been put on Public domain. The salient features of the Draft Return Rules and Formats are as follows-
* 25 Rules on Return prescribed- The Draft Return Rules have 25 Rules viz. Form and ma
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tward supplies and inward supplies along with the payment of amount of tax
6
Form GSTR-3A
Notice to a registered taxable person who fails to furnish return under section 27 and section 31
7
Form GSTR-4
Quarterly Return for compounding Taxable persons
8
Form GSTR-4A
Details of inward supplies made available to the recipient registered under composition scheme on the basis of FORM GSTR-1 furnished by the supplier
9
Form GSTR-5
Return for Non-Resident foreign taxable person
10
Form GSTR-6
ISD return
11
Form GSTR-6A
Details of inward supplies made available to the ISD recipient on the basis of FORM GSTR-1 furnished by the supplier
12
Form GSTR-7
Return for authorities deducting tax at source
13
Form GSTR-7A
TDS Certificate
14
Form GSTITC-1
Communication of acceptance, discrepancy or duplication of input tax credit claim
15
Form GSTR-8
Details of supplies effected through e-commerce operator and the amount of tax collected as required under sub-section (1) of s
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minimum 3 Monthly returns along with annual return.
* Forms for taxable person, composition dealer, Non- resident taxable person etc.-Distinct forms are prescribed for periodical returns by Regular Taxable Persons, composition dealers, Non-resident taxable persons, Persons who are required to deduct or collect tax at source etc.
* No time period for issuing SCN to non- filers of return-No time period has been prescribed for issuing Notice to non- filers of return under Rule 9 of the Draft Returns Rules.
* Annual return- Every registered taxable person shall furnish an annual return electronically in FORM GSTR-9 through the Common Portal either directly or from a FC, notified by the Board or Commissioner.
* Tax return preparers-The Draft Return Rules prescribe the conditions for enrolment as tax return preparers.
Read more on the Draft Rules and Formats for Return under GST at:
http://www.cbec.gov.in/resources//htdocs-cbec/gst/draft-return-rules-26092016.pdf
http://www.cbec.
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te by CA
GST RFD-02
Acknowledgement
GST RFD-03
Notice of Deficiency on Application for Refund
GST RFD-04
Provisional Refund Sanction Order
GST RFD-05
Refund Sanction/Rejection Order
GST RFD-06
Order for Complete adjustment of claimed Refund
GST RFD-07
Show cause notice for reject of refund application
GST RFD-08
Payment Advice
GST RFD-09
Order for Interest on delayed refunds
GST RFD-10
Refund application form for Embassy/International Organizations
* Form for Refund application- A common refund application is prescribed for all refunds arising on various instances which is to be made in Form GST RFD-1 electronically through the Common Portal either directly or from a FC notified by the Board or Commissioner.
* Refund relating to balance amount in electronic cash ledger- Claim for refund of balance amount in the electronic cash ledger is to be made through the return for the relevant tax period.
* Provisional refund- The Draft Refund Rules provides for a stipulat
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Traders Eligible to Pay GST on Brought Out Goods without doing any manufacturing or deemed manufacturing activity
Query (Issue) Started By: – yogesh Panchal Dated:- 3-10-2016 Last Reply Date:- 24-12-2016 Goods and Services Tax – GST
Got 6 Replies
GST
Dear All, GST Tax Experts,
In current central excise law the levy of excise duty on manufactured of finished goods , also manufactured only charged excise duty, the biggest litigation and issues are goods are manufactured, deemed manufacturer, Traders, Dealers & etc. then in the Trading business Trader purchase brought out goods, do not take cenvat credit of excise & service tax, do not take any manufacturing activity on the brought out goods, do not take excise registration and b
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duty, the biggest litigation and issues are goods are manufactured, deemed manufacturer, Traders, Dealers & etc. then in the Trading business Trader purchase brought out goods, do not take cenvat credit of excise & service tax, do not take any manufacturing activity on the brought out goods, do not take excise registration and brought out goods cleared without excise duty with adding profit margin, pay CST/VAT.
Now in GST Régimes above type of Trading business liable for take credit & pay GST on brought material which not doing any manufacturing or deemed manufacturing activity????,
(2 ) As per GST Model Law ” if the credit is not availed and not reflected in the return of march-2017″, as of now there is no provision in GST Model
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ASSESSMENT UNDER MODEL GST ACT
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 3-10-2016
Chapter XII of the model GST Act ('Act' for short) provides the procedure for assessment under GST regime. This chapter provides the following types of assessments-
* Self assessment;
* Provisional assessment;
* Best judgment assessment; and
* Summary assessment.
Self Assessment
Section 44 of the Act provides that every person registered under the Act shall himself assess the tax payable him for a tax period. After such assessment he shall file the returns required under Section 27.
Explanation to Section 44 provides that where goods received as an inward supply is returned by the recipient to the supplier within six months from the date of relevant invoice, the tax payable on such supplies shall be equal to the input tax credit availed earlier on such inward supply. This provision ensures that if the recipient returns the goods to the supplier within
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such surety or security as the proper officer may deem fit;
* The bond is binding the taxable person for payment of the different between the amount of tax as may be finally assessed and the amount of tax provisionally assessed;
* The proper officermay require such information for finalizing the assessment;
* On sufficient cause being shown and for reasons to be recorded in writing, the above period of six may be extended-
* By the Joint/Additional Commissioner for a further period not exceeding six months; and
* By the Commissioner for such further period as he may deem fit.
* The taxable person shall be liable to pay interest on any amount payable to the Central/State Government consequent to the order for final assessment at the rate specified from the first day after the due date of payment of tax in respect of the said goods and/or services till the date of actual payment, whichever such amount is paid before or after the issue of order for final assessment;
* If th
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passed by the proper officer shall automatically stand withdrawn.
Section 47 provides the procedure of making best judgment assessment if the taxable person fails to register himself with the authority. Section 47 provides that a proper officer can assess the tax liability and pass an order to his best judgment for the relevant tax period. Such an order must be passed within five years from the due date for filing the annual return for the financial year to which nonpayment of tax relates. Such order cannot be passed without giving a show cause notice to the taxable person and afford him a reasonable opportunity of being heard.
Summary assessment
Section 48 provides for the summary assessment to protect the interest of revenue when-
* The proper officer has evidence that a taxable person has incurred a liability to pay tax under the Act; and
* The proper officer believes that delay in passing an assessment order will adversely affect the interest of revenue.
Such order cannot
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FM: Government is working on a target date of 1st April, 2017 for the roll out of the Goods and Service Tax (GST) in the country
GST
Dated:- 30-9-2016
The Union Finance Minister Shri Arun Jaitley said that the Government is working on a target date of 1st April, 2017 for the roll out of the Goods and Services Tax (GST) in the country. He said that till 16th September, 2017, that is one year after the provisions of the Constitution (101st Amendment) Act, 2016 being brought into force, the Constitution empowers the Central Government to levy excise duty on manufacturing; and service tax on the supply of services. The Finance Minister said that similarly the Constitution Amendment Act empowers the State Governments to levy sales
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been created under Article 279A of the Constitution. The GST Council is a joint forum of the Centre and the States. The Council will take decisions on important issues like tax rates, exemption list and threshold limits etc.
Thereafter, the Members of Consultative Committee who participated in today's Meeting sought various clarifications with regard to GST Law and gave suggestions for its better implementation. Some of the major suggestions include need for absolute clarity and transparency with regard to where taxes will be collected, assessed and where the appeal will be filed in case of GST regime. The members said that it will be challenging task to tackle complex situation arising-out of implementation of GST law in a federal system.
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tial items from GST and moderate rate of taxation on other items which in turn will bring down the prices of common man consumption items as well as cost of living at large.
Along with the Union Finance Minister, Shri Arun Jaitley, Shri Santosh Kumar Gangwar, Minister of State for Finance, the Members of the Consultative Committee who participated in the today's Meeting include Shri Baijayanta Jai Panda, Shri Dilip Kumar Mansukhlal Gandhi, Shri Kailkesh Narayan Singh Deo, Shri Prabhatsinh Chauhan, Shri Ram Charitra Nishad, Shri Subhash Chandra Baheria and Shri Suresh Chanabassappa Angadi (all members of Lok Sabha); Shri Anil Desai, Shri Digvijaya Singh, Shri Rajkumar Doot and Shri Satish Chandra Misra (all members of Rajya Sabha) .
Among
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Minutes of the 2nd GST Council Meeting held on 30 September 2016
2nd GST Council Meeting Dated:- 30-9-2016 GST Council – Minutes
GST
Minutes of the 2nd GST Council Meeting (30 September 2016)
The second meeting of the GST Council (hereinafter referred to as 'the Council') was held in the Parliament House Annexe, New Delhi on 30 September 2016 under the Chairpersonship of the Hon'ble Union Finance Minister, Shri Arun Jaitley. The list of the Hon'ble Members of the GST Council who attended the meeting is at Annexure 1. The list of officers of the Centre and the States who attended the meeting is at Annexure 2.
2. In his opening remarks, the Chairperson of the Council welcomed all the members and enumerated the agenda items for the second meeting of the Council.
3. The following three agenda items were taken up for consideration:
1. Approval of the Draft Minutes of the 1st GST Council Meeting along with the Draft Rules for Conduct of Business
a.Draft Minute
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sals and adjustments), the Hon'ble Minister from Punjab stated that ITC reversals accounted for an additional revenue of Rs. 4,000 crore in his State. The Secretary to the Council observed that it was not desirable to subsume the amount related to ITC reversal for calculation of compensation as it was a distortion in the taxation system and only five States had such a provision in place. The Chairperson observed that if compensation was to be paid for ITC reversal, the Centre's rate of tax would go up and this would imply that taxpayers of all States would be paying extra to compensate five States. He further observed that as the issue regarding compensation for ITC reversal was not discussed in the first meeting of the Council, it would be inappropriate to insert it at the stage of confirmation of its Minutes. However, it was agreed that this issue could be further examined by a committee of officers.
6. The Hon'ble Minister from Uttar Pradesh stated that more clarity was
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n the last meeting, there was no agreement to count CST at the rate of 4% for computing compensation. It was agreed that this need not be incorporated in the Minutes of the 1st Meeting of the Council.
8. The Hon'ble Minister from Jammu and Kashmir stated that in paragraph 37 (ii) of the Minutes, the revenue to be compensated should cover exemptions and duties. The Secretary to the Council stated that these could not be included for compensation as the population of the whole of India should not be expected to bear the burden for exemptions given by different states. The Hon'ble Minister from Assam stated that the formula for compensation under V AT did not include exemptions as part of revenue and the same methodology should be adopted for GST. The Hon'ble Minister from Bihar also opposed the idea of putting exemptions in the compensation formula. The Chairperson reiterated that additional issues being discussed today could not be made part of the Minutes of an earlier mee
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work of the committee should cover the entire gamut of activities and functions to be performed from registration, scrutiny, etc. to enforcement. This committee should discuss how information-based enforcement powers should be exercised so that there was no parallel exercise of powers resulting in confusion and possible harassment.
11. The Hon'ble Minister from Tamil Nadu stated that there was no agreement as recorded in paragraph 47 (iii) (“All existing registered service providers irrespective of the value of turnover, for the present, shall continue to be administered by the Central tax administration”). He also expressed his strong reservation in respect of the cap of three years mentioned in paragraph 47. The Hon'ble Minister from Kerala also supported the view of the Hon'ble Minister from Tamil Nadu and stated that the Centre and the States should have concurrent power to administer Service Tax payers having turnover above Rs. 1.5 Crores. He also observed that State
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entre. Audit was proposed to be limited to 5% of the taxpayers on the basis of risk parameters. The issue decided was that the Centre would take up such audit for suppliers of services. He suggested that this issue should not be reopened.
13. The Chairperson recalled the discussions that took place in the 1st Meeting of the Council. He stated that the compromise arrived at was that in respect of goods, taxpayers with a turnover below Rs. 1.5 crore would continue to be administered by the States, as was the practice currently and for those with turnover above Rs. 1.5 crore, there would be concurrent jurisdiction of the Centre and States. In respect of Service Tax, he had stated that 11 lakh current assessees of Service Tax would continue to be administered by the Centre and this clearly implied that no division was proposed on the basis of Rs. 1.5 crore turnover. He also recalled that it was agreed that new Service Tax registrants would be allocated between the Centre and the Stat
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was in a spirit of cooperation. However, this cooperation was limited to the Centre administering the Service Tax assesses whose turnover was below Rs. 1.5 crore and in his understanding, the agreement was that Service Tax assessees with turnover above Rs. 1.5 crore would be administered jointly by the Centre and the States. The Hon'ble Minister from Chhattisgarh stated that in the Empowered Committee, the decision regarding no dual control on small taxpayers was only to protect small traders in goods and it was not meant for services and therefore, it would not be fair to raise the issue of Services at this stage. The Hon'ble Minister from Meghalaya stated that the States should administer taxpayers with turnover below Rs. 1.5 crore and those above Rs. 1.5 crore should be shared between the Centre and the States. He also stated that there was hardly any presence of Central Government officials in .his State. He suggested a time-frame to be fixed by when administration of taxpa
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assessees exclusively for the first five years. The Hon'ble Chief Minister of Puducherry also recalled that for Services, it was decided that all 11 lakh existing Service Tax assessees would be administered by the Central Government. The Secretary to the Council brought to the notice of the House that big service providers in sectors such as telecom, banking, information technology, etc. had been representing that they should have a single registration and if that was not possible, they could at least be given the second best comfort of being audited by only the Central administration for initial years. He pointed out that contribution of Services to the Gross Domestic Product (GDP) of the country was 56% and the administrative structure should be such that it does not affect the growth of the Services sector and thus, of the GDP.
16. The Hon'ble Minister from Tamil Nadu stated that transition period should not be for 3 years and that it should be limited to 6 months. The Hon
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o vertically divide the taxpayers between the Centre and States irrespective of any turnover threshold. The Hon'ble Minister from Assam stated that such an arrangement would create difficulty for small traders. The Hon'ble Ministers from Bihar and Kerala stated that in order to consider this new suggestion, it should be circulated as a separate agenda point.
18. Due to persistent differences, the Council decided to defer the approval of the minutes of the meeting in respect to agenda item 5 of the 1st meeting of the Council. It was suggested and agreed that a committee of officers would examine the issue further and the matter could then be taken up in the next Council meeting.
19. The sub-agenda (b) of the agenda item 1, i.e. Draft Rules of Procedures and Conduct of Business in the GST Council with the revisions suggested in the last meeting of the Council was taken up and the Council approved the revised version unanimously.
20. The Hon 'ble Minister from Jammu and Kas
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rate of 5 years or the best 3 out of 5 years should be taken to ascertain the growth rate'.
c. The last line of paragraph 22 to be replaced by 'The Hon'ble Minister from Odisha suggested that the best 3 out of 5 years be taken to ascertain growth rate and compensation payment be made monthly and adjusted at the end of the year on the basis of CAG-audited figures and also that the base year could be 2015-16'.
(ii) In relation to Agenda Item no. 5 of the first meeting, namely “Provision for cross-empowerment to ensure single interface under GST”, paragraph 39 to 46 where the discussions have been recorded was approved. In paragraph 47, the last sentence of the main body of the paragraph shall be replace by the following sentence: “Thereafter, the following modalities for single interface were discussed but discussions remained inconclusive.”
(iii) Adoption of modified Draft Rules of Procedures and Conduct of Business in the GST Council as contained in the agenda note
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ration. He mentioned that registration under GST was proposed to be PAN-based which would be difficult to comply with in his State as no Income Tax was payable in his State (as also in Nagaland). He further mentioned that in GST, in B2C (Business to Consumer) transactions, taxes would flow to the consuming states. However, as his State did not have big distributors or high-end retailers, people from his State bought goods from Assam, West Bengal, etc. and a mechanism was required to be devised to ensure that taxes paid for such purchases flowed to Arunachal, Pradesh. The Chairperson observed that this issue could be taken up for clarification in the next meeting of the Council.
23. The Members expressed their approval of the draft Rules relating to Registration, Payment, Return, Refund and Invoice, Debit/Credit Notes. The Secretary to the Council suggested that the Draft Rules may be approved with an understanding that minor changes may be permitted, if required, due to suggestions fr
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arding the treatment of such tax incentive schemes under the GST regime. He observed that one option could be to 'grandfather' such schemes and provide for a budgetary apportionment in the State and the Central budgets for reimbursing the tax paid to those units which enjoyed tax exemption up to a specified period. However, while' grandfathering' any such scheme, it would need to be kept in mind that unlike VAT and the CST which were origin-based taxes, GST was a destination-based tax and an unconditional reimbursement scheme could lead to double outflow for the origin-state – one by way of transfer of tax to the destination State and the other by way of reimbursement to the supplier. Therefore, the States would need to be careful while devising any reimbursement scheme and care could be taken that such reimbursement was limited for supplies made within the State.
26. The Hon'ble Deputy Chief Minister of Gujarat alluded to examine possible legal complications. The
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for reimbursements relating to tax incentive schemes and that States would need to make their own budgetary provisions for the same.
28. The Hon'ble Minister from Uttarakhand stated that the Government of India had given an area-based exemption for 10 years and that such exemptions were to continue up to 2020. She observed that the Centre must reimburse such units for the Central taxes as jobs of more than one lakh workers were at stake. The Hon'ble Minister from Jammu and Kashmir stated that his State was in a similar situation as Uttarakhand. The Chairperson observed that once incentive schemes were withdrawn, the taxes paid would be accounted for in the Consolidated Fund of India and 42% of the amount would be devolved to the States. The Centre, therefore, could be expected to only reimburse the units out ofthe remaining 58% of the fund which was not part of the devolution and the States would also need to correspondingly reimburse such units out of the share of revenue rec
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he previous meeting.
31. The meeting ended with a vote of thanks to the Chair.
(Arun Jaitley)
Chairperson, GST Council
=============
Document 1
JAYNA BOOK DEPOT
Estd. 1949
JAYNA
MINUTE BOOK
Annexure 1 (List of the Hon'ble Members of the GST Council who attended the Meeting)
S. No.
Centre/State/UT
Name of Minister
1
Government of India
Shri Arun Jaitley
2
Government of India
Shri Santosh Kumar Gangwar
Designation
Union Minister of Finance and
Corporate Affairs
Union Minister of State for
Finance
Chief Minister
3
Puducherry
Shri V Narayanasamy
4
Arunachal Pradesh
Shri Chowna Mein
Deputy Chief Minister
5
Goa
Shri Francis D'Souza
Deputy Chief Minister
6
Gujarat
Shri Nitinbhai Patel
Deputy Chief Minister
7
Andhra Pradesh
Shri
Ramakrishnudu
8
Assam
Shri Himanta Biswa Sarma
9
Bihar
10
Chhattisgarh
11
Haryana
Shri Bijendra Prasad Yadav
Shri Amar Agrawal
Captain Abhimanyu Singh
12
Himachal Pradesh
Shri Prakash Chaudhary
Yanamala Minister
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nt,
Development and Housing
Minister for School Education
& Sports and Youth Welfare
Minister for Finance
Minister for
Education
Development
and
Vocational
Skill
24
Uttarakhand
Dr. Indira Hridayesh
Minister of Finance
25
West Bengal
Dr. Amit Mitra
Minister for Finance and Excise
Page 10 of 13
JAYNA BOOK DEPOT
Estd. 1949
JAYNA
MINUTE BOOK
Annexure 2 (List of officers from the Centre and States)
Name of Officer
S No.
Centre/State/UT
1.
Govt. of India
Shri Hasmukh Adhia
2.
Govt. of India
Shri Najib Shah
3.
Govt. of India
Shri Ram Tirath
4.
Govt. of India
Shri B.N. Sharma
5.
Govt. of India
Shri Arun Goyal
6.
Govt. of India
Shri Vivek Johri
7.
Govt. of India
8.
Govt. of India
Shri P.K. Mohanty
Shri Upender Gupta
9.
Govt. of India
Shri Udai Singh Kumawat
10.
Govt. of India
Shri Amitabh Kumar
Ms. Aarti Saxena
11.
Govt. of India
12.
Govt. of India
Shri Paras Sankhla
13.
GST Council
Shri Arun Goyal
14. GST Council
15. GST Counc
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Commissioner, GST Council
Commissioner, GST Council
Joint Commissioner, GST Council
OSD, GST Council
OSD, GST Council
Commissioner, Commercial Taxes
Additional Commissioner
Secretary, Tax & Excise
Finance Commissioner
Commissioner, Commercial Taxes
Principal Secretary, Commercial Tax
Additional Secretary, Commercial
Tax
Personal Secretary to the Minister
Secretary, Finance & Commercial
Tax
Commissioner, Commercial Taxes
Commissioner, VAT
CHAIRMAN'S
INITIALS
CHAIRMAN'S
INITIALS
MINUTE BOOK
S No.
Centre/State/UT
30.
Goa
31. Gujarat
Name of Officer
Shri Dipak Bandekar
Dr. P. D. Vaghela
Designation
Commissioner, Commercial Taxes
Commissioner, Commercial Taxes
32.
Gujarat
Ms. Mona Khandar
33.
Haryana
Shri Sanjeev Kaushal
34. Haryana
35.
Haryana
36.
Himachal Pradesh
37.
Himachal Pradesh
Jammu &
38.
Kashmir
Jammu &
39.
Kashmir
Shri Parvaiz Khateeb
Shri Shyamal Misra
Shri Hanuman Singh
Shri Pushpender Rajput
Shri Sanjay Bhardhao
Shri
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dey
Shri Saswat Mishra
Shri Sahdev Sahoo
Dr. V Candavelou
Shri G Srinivas
Shri DP Reddy
Shri Rajat Agarwal
Shri Supreet Gulati
Shri Praveen Gupta
Shri Alok Gupta
Page 12 of 13
Commissioner, Commercial Taxes
Finance
Commissioner, Commercial Taxes
Deputy Commissioner, Commercial
Taxes
Personal Assistant
Additional Chief Secretary, Finance
Joint Commissioner, GST
Commissioner, Taxes
Commissioner, Commercial Taxes
ACT
Assistant Commissioner, Taxes
Superintendent, Taxes
Commissioner, Commercial Taxes
Joint Commissioner of Taxes
Principal Secretary, Finance
Commissioner, Commercial Taxes
Joint Commissioner
Secretary, Finance & Commercial
Tax
Commissioner, Commercial Taxes
Additional Chief Secretary, Taxation
Excise & Taxation Commissioner
Additional Commissioner
Secretary, Revenue
Commissioner, Commercial Taxes
JAYNA BOOK DEPOT
Estd. 1949
MINUTE BOOK
Name of Officer
Shri Bikash Diyali
Dr. C Chandramouli
Shri D Soundararajapandian
Shri Ajay Misra
S
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CBEC Releases Draft Rules for GST Refunds and Returns; Seeks Stakeholder Feedback to Streamline Taxpayer Processes.
News
GST
CBEC releases draft Rules and Forms for GST refund and returns
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CBEC releases draft Rules and Forms for GST refund and returns
GST
Dated:- 27-9-2016
CBEC releases draft Rules and Forms for GST refund and returns
* Draft Return Rules
* Draft Return Formats
* GSTR 9B
* ITC Mismatch Report
* Draft Refund Rules
* Draft Refund Formats
=============
Document 1
DRAFT
GOODS AND SERVICES TAX –
RETURN RULES, 20
Note: Corresponding changes in the Model GST Law are being carried
out separately. Comments, if any may kindly be given by 28th
September, 2016.
1.
(1)
Chapter-_:
RETURNS
Form and manner of furnishing details of outward supplies
Every registered taxable person required to furnish the details:
(a)
of outward supplies of goods and/or services effected during a tax period
under sub-section (1) of section 25; and
(b)
of outward supplies of goods and/or services effected during an earlier tax
period under sub-section (2) of section 25
shall furnish such details in FORM GSTR-1 electronically through the Common Po
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during a tax period under sub-section (2) of section 26
shall, on the basis of details contained in Part A of FORM GSTR-2A, prepare such
details in the manner specified in sub-section (1) of the said section and furnish the
same in FORM GSTR-2 electronically through the Common Portal, either directly or
from a Facilitation Centre, notified by the Board or Commissioner, after including therein
details of such other inward supplies, if any, required to be furnished under sub-section
(2) of section 26.
(2)
Every registered taxable person shall furnish the details, if any, required under
sub-section (3) of section 26 electronically in FORM GSTR-2.
(3) The recipient of goods and/or services shall specify the inward supplies in respect
of which he is not eligible, either fully or partially, for input tax credit in FORM GSTR-2
where such eligibility can be determined at the invoice level.
(4) The recipient of goods and/or services shall declare the quantum of ineligible
input t
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on may include the same in FORM GSTR-2.
3.
(1)
Form and manner of submission of monthly return
Every registered taxable person, other than a taxable person paying tax under
section 8, shall furnish a return under sub-section (1) of section 27 in FORM GSTR-3
electronically through the Common Portal either directly or from a Facilitation Centre,
notified by the Board or Commissioner.
(2)
Part A of the return under sub-rule (1) shall be electronically generated on the
basis of information furnished through returns in FORM GSTR-1, FORM GSTR-2,
electronic credit ledger, electronic cash ledger and electronic tax liability register of the
taxable person.
(3) Every registered taxable person furnishing the return under sub-rule (1) shall,
subject to the provisions of section 35, discharge his liability towards tax, interest,
penalty, fees or any other amount payable under the Act or these rules by debiting the
electronic cash ledger and/or electronic credit ledger as per the det
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(2) Every registered taxable person furnishing the return under sub-rule (1) shall
discharge his liability towards tax, interest, penalty, fees or any other amount payable
under the Act or these rules by debiting the electronic cash ledger.
5.
Form and manner of submission of return by non-resident taxable person
Every registered non-resident taxable person shall furnish a return in FORM GSTR-5
electronically through the Common Portal, either directly or from a Facilitation Centre,
notified by the Board or Commissioner, including therein the details of outward supplies
and inward supplies and shall pay the tax, interest, penalty, fees or any other amount
3
payable under the Act or these rules within twenty days after the end of a tax period or
within seven days after the last day of the validity period of registration, whichever is
earlier.
6. Form and manner of submission of return by an input service distributor
Every input service distributor shall, after adding, corr
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
y to the deductee on the Common Portal in FORM GSTR-7A on the basis of
the return filed under sub-rule (1).
8. Form and manner of submission of statement of supplies effected
through e-Commerce
(1) Every e-Commerce operator required to collect tax at source under section 43C
shall furnish a statement in FORM GSTR-8 electronically through the Common Portal,
either directly or from a Facilitation Centre, notified by the Board or Commissioner,
containing details of supplies effected through such operator and the amount of tax
collected as required under sub-section (1) of section 43C.
(2) The details furnished by the operator under sub-rule (1) shall be made available
electronically to each of the suppliers in Part D of FORM GSTR-2A on the Common
Portal after the due date of filing of FORM GSTR-8.
9.
Notice to non-filers of returns
A notice in FORM GSTR-3A shall be issued, electronically, to a registered taxable person
who fails to furnish return under section 27 and sectio
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ed a
valid return.
(2)
The claim of input tax credit shall be considered as matched, where the amount
of input tax credit claimed is equal to or less than the output tax paid on such tax invoice
or Debit Note, as the case may be, by the corresponding supplier.
11. Final acceptance of input tax credit and communication thereof
(1) The final acceptance of claim of input tax credit in respect of any tax period,
specified in sub-section (2) of section 29, shall be made available electronically to the
registered taxable person making such claim in FORM GST ITC-1 through the Common
Portal.
(2) The claim of input tax credit in respect of any tax period which had been
communicated as mismatched but is found to be matched after rectification by the
supplier and/or recipient shall be finally accepted and made available electronically to
the taxable person making such claim in FORM GST ITC-1 through the Common Portal.
12.
Communication and rectification of discrepancy in claim of
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
available.
(4) Where the discrepancy is not rectified under sub-rule (2) or sub-rule (3), an
amount to the extent of discrepancy shall be added to the output tax liability of the
5
recipient in his return in FORM GSTR-3 for the month succeeding the month in which
the discrepancy is made available.
Explanation: (1)
Rectification by a supplier means adding or correcting the details of
an outward supply in his valid return so as to match the details of corresponding inward
supply declared by the recipient.
(2) Rectification by the recipient means deleting or correcting the details of an inward
supply so as to match the details of corresponding outward supply declared by the
supplier.
13. Claim of input tax credit on the same invoice more than once
Duplication of claims of input tax credit in the details of inward supplies shall be
communicated to the registered taxable person in FORM GST ITC-1 electronically
through the Common Portal.
14.
Matching of claim of reduction i
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
shall be considered as matched,
where the amount of reduction claimed is equal to or less than the claim of reduction of
input tax credit admitted and discharged on such credit note by the corresponding
recipient in his valid return.
15. Final acceptance of reduction of output tax liability and communication
thereof
(1) The final acceptance of claim of reduction in output tax liability in respect of any
tax period, specified in sub-section (2) of section 29A, shall be made available
6
electronically to the taxable person making such claim in FORM GST ITC-1 through the
Common Portal.
(2) The claim of reduction in output tax liability in respect of any tax period which
had been communicated as mismatched but is found to be matched after rectification by
the supplier and/or recipient shall be finally accepted and made available electronically
to the taxable person making such claim in FORM GST ITC-1 through the Common
Portal.
16.
Communication and rectification of discre
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
cy is made available.
(4) Where the discrepancy is not rectified under sub-rule (2) or sub-rule (3), an
amount to the extent of discrepancy shall be added to the output tax liability of the
supplier in his return in FORM GSTR-3 for the month succeeding the month in which the
discrepancy is made available.
Explanation: (1) Rectification by a supplier means deleting or correcting the details
of an outward supply in his valid return so as to match the details of corresponding
inward supply declared by the recipient.
(2) Rectification by the recipient means adding or correcting the details of an inward
supply so as to match the details of corresponding outward supply declared by the
supplier.
17. Claim of reduction in output tax liability more than once
Duplication of claims for reduction in output tax liability in the details of outward supplies
shall be communicated to the registered taxable person in FORM GST ITC-1
electronically through the Common Portal.
18.
Refund of
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
lue
(h) Tax amount:
Provided that for all supplies where the supplier is not required to furnish the
details separately for each supply, the following details relating to such supplies made
through an e-Commerce operator, as declared in FORM GSTR-8, shall be matched with
the corresponding details declared by the supplier in FORM GSTR-1-
(a) GSTIN of the supplier
(b)
State of place of supply
(c)
(d)
Tax rate
Total taxable value of all supplies made in the State
(e) Tax amount on all supplies made in the State:
Provided further that where the time limit for furnishing FORM GSTR-1 under
sub-section (1) of section 25 has been extended, the date of matching of the above
mentioned details shall be extended to such date as may be notified by the
Board/Commissioner.
20. Communication and rectification of discrepancy in details furnished by
the e-Commerce operator and the supplier
(1) Any discrepancy in the details furnished by the operator and those declared by
the supplie
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
le to the supplier electronically on the
Common Portal in FORM GST ITC-1.
8
21.
(1)
Annual return
Every registered taxable person shall furnish an annual return under sub-section
(1) of section 30 electronically in FORM GSTR-9 through the Common Portal either
directly or from a Facilitation Centre, notified by the Board or Commissioner:
Provided that a taxable person paying tax under section 8 shall furnish the annual
return in FORM GSTR-9A.
(2)
Every registered taxable person whose aggregate turnover during a financial year
exceeds one crore rupees shall get his accounts audited under sub-section (4) of section
42 and he shall furnish a copy of audited annual accounts and a reconciliation statement,
duly certified, in FORM GSTR-9B, electronically through the Common Portal either
directly or from a Facilitation Centre, notified by the Board or Commissioner.
22.
Final return
Every registered taxable person required to furnish a final return under section 31, shall
fu
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
es any of the
conditions specified below, namely:
(a)
(i)
he is a citizen of India;
(ii)
he is a person of sound mind;
(iii)
he is not adjudicated as insolvent;
(b)
(iv)
he has not been convicted by a competent court for an offence with
imprisonment not less than two years; and
that he is a retired officer of the Commercial Tax Department of any State
Government or of the Central Board of Excise and Customs, Department of
Revenue, Government of India, who, during his service under the Government,
had worked in a post not lower in rank than that of a Group-B gazetted officer for
a period of not less than two years; or
(c) he has passed:
9
(i) a graduate or postgraduate degree or its equivalent examination
having a degree in Commerce, Law, Banking including Higher Auditing, or
Business Administration or Business Management from any Indian
University established by any law for the time being in force; or
(ii) a degree examination of any Foreign University recognize
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
n Preparer.
(3) The enrolment made under sub-rule (2) shall be valid until it is cancelled.
(4) If any Tax Return Preparer is found guilty of misconduct in connection with any
proceeding under the Act, the authorised officer may, by order, in FORM GST TRP-4
direct that he shall henceforth be disqualified under section 34, after giving him a notice
to show cause in FORM GST TRP-3 against such disqualification and after giving him a
reasonable opportunity of being heard.
(5) Any person against whom an order under sub-rule (4) is made may, within thirty
days from the date of the order under sub-rule (4), appeal to the Commissioner against
such order.
(6) A list of Tax Return Preparers enrolled under sub-rule (1) shall be maintained on
the Common Portal in FORM GST TRP-5 and the authorised officer may make such
amendments to the list as may be necessary from time to time, by reason of any change
of address or death or disqualification of any Tax Return Preparer.
(7) Any taxab
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
n, if so authorised by the taxable person to:
(a)
furnish details of outward and inward supplies;
(b)
furnish monthly, quarterly, annual or final return;
(c)
make payments for credit into the electronic cash ledger;
(d)
file a claim for refund; and
(e)
file an application for amendment or cancellation of registration.
(10)
shall-
(11)
Any taxable person opting to furnish his return through a Tax Return Preparer
(a)
give his consent in FORM GST TRP-6 to any Tax Return Preparer to
prepare and furnish his return; and
(b) before confirming submission of any statement prepared by the Tax
Return Preparer, ensure that the facts mentioned in the return are true and
correct.
The Tax Return Preparer shall-
(a)
(b)
prepare the statements with due diligence; and
affix his digital signature on the statements prepared by him or
electronically verify using his credentials.
25.
Conditions for purposes of appearance
(1) No person shall be eligible to attend before any autho
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Plain text (Extract) only
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= = = = = = = =
103
.113
.116
.118
.119
.123
124
.126
127
128
129
List of GST Returns/Statements to be furnished by Registered Persons
Details of outward supplies of taxable goods and/or services effected
1
Form GSTR-1
2
Form GSTR-1A
Details of outward supplies as added, corrected or deleted by the recipient
3
Form GSTR-2
Details of inward supplies of taxable goods and/or services claiming input tax credit
4
Form GSTR-2A
5
Form GSTR-3
Form GSTR-3A
7
Form GSTR-4
8
Form GSTR-4A
9
Form GSTR-5
10
Form GSTR-6
11
Form GSTR-6A
12
Form GSTR-7
13
Form GSTR-7A
14
Form GST-ITC-1
15
Form GSTR-8
16
Form GSTR-9
17
Form GSTR-9A
18
19
20
866
Form GSTR-9B
Form GSTR-10
Form GSTR-11
21
Form GST-TRP-1
Details of inward supplies made available to the recipient on the basis of FORM GSTR-1
furnished by the supplier
Monthly return on the basis of finalization of details of outward supplies and inward supplies
along with the payment of amount of tax
Notice to a registered taxable person who fails to furnish return under secti
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
26
Form GST-TRP-6
27
Form GST-TRP-7
Enrolment certificate as Tax return preparer
Show cause to as Tax return preparer
Order of cancelling enrolment as Tax return preparer
List of Tax return preparers
Consent of taxable person to Tax return preparer
Withdrawal of authorization to tax return preparer
4
Government of India/State
Department of
Form GSTR-1
[See Rule…..]
DETAILS OF OUTWARD SUPPLIES
1.
GSTIN:
2.
Name of the Taxable Person:
(S. No. 1 and 2 will be auto-populated on logging)
3. Aggregate Turnover of the Taxable Person in the previous FY..
(To be submitted only in first year. To be auto populated in subsequent year)
4. Period:
Month…….
Year
5. Taxable outward supplies to a registered person
GSTIN/
UIN
Invoice
IGST
CGST
SGST
POS
(only if
5
(figures in Rs)
Indicate if Tax on this GSTIN of
Invoice is e-
supply
different from attracts
paid under commerce
the location of reverse
recipient)
provisional operator (if
charge $
assessment applicable)
(Checkbox
No. Date Value Goods/
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
State Code) is other than the State where supplier
is located (Inter-state supplies) and Invoice value is more than Rs 2.5 lakh
Recipient's Name of the
State code
recipient
Invoice
IGST
POS
(figures in Rs)
Tax on this Invoice is
(only if different paid under provisional
from the location assessment
of recipient)
(Checkbox)
No.
(1)
(2)
(3) (4)
Date Value Goods/ HSN/
Services SAC
(5) (6) (7)
Taxable Rate
value
Amt
(8)
(9)
(10)
(11)
(12)
Note:
1.
Taxable Person has the option to furnish the details of nil rate and exempted supplies in this Table
6A. Amendment to taxable outward supplies to a consumer of earlier tax periods where Place of Supply (State Code)
is other than the State where supplier is located (Inter-state supplies) and Invoice value is more than Rs 2.5 lakh
Original
Invoice
Recipient's
State code
Name of the
recipient
No. Date
(figures in Rs)
Revised Invoice
IGST
POS
(only if
different
from the
Tax on this
Invoice is
paid under
No.
Date Goods/Se HSN/S Taxable Rate
rvices AC
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ices
Cod
e
code
(Place of
Supply
(State
Code))
Rate Amt Rate
Amt
Rate Amt
âËÅ 2645″ (69) (10) (1) (2) (3) (4) (5)
8.
Details of Credit/Debit Notes
GSTIN
Type of note
Debit Note/credit
/UIN/
(Debit/Credit)
note
Original
Invoice
Name
of
Differenti
al Value
(Plus or
Minus)
(figures in Rs)
Differential Tax
recipie
nt
No.
Date
No. Date
IGST
CGST
SGST
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Rate Amt Rate Amt Rate Amt
(8) (9) (10) (11) (12) (13)
Other than reverse charge
Reverse charge
Note: Information about Credit Note / Debit Note to be submitted only if issued as a supplier.
8A. Amendment to Details of Credit/Debit Notes of earlier tax periods
GSTI
N/UI
Type of
note
Original Invoice
Original
Revised
details
Date No.
Date
No.
N/Na (Debit/Cre No.
Date
Differenti
al Value
(Plus or
(figures in Rs)
Differential Tax
IGST
CGST
SGST
recipi dit) Minus) Rate Amt Rate Amt Rate Amt
9
(1)
(2)
(3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15)
Other than reverse charge
Reverse charge
Note: Information ab
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ing deemed exports)
Description Original
Invoice
Without
payment of
With
payment of
Revised Invoice
Shipping bill/ IGST
bill of export
CGST
SGST
No. Date No. Date Servi/Taxable No Date Rate Amt Rate Amt Rate Ant
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
under
(figures in Rs)
Tax on this Invoice is
paid
provisional
assessment
(Checkbox)
(15)
(16)
11.
Tax liability arising on account of Time of Supply without issuance of Invoice in the same period.
GSTIN/UIN/
Name of
customer
State
Code
Docum
ent No.
Date Goods/
Servic
es
HSN/SAC
of supply
Amount of advance
(1)
(2)
(3)
(4)
(5)
(6)
received/ Value of
Supply provided
without raising a bill
(7)
(figures in Rs)
IGST
TAX
CGST
SGST
Rate Tax Rate Tax Rate Tax
(8)
(9) (10) (11) (12) (13)
11
Note: A transaction id would be generated by system for each transaction on which tax is paid in advance/on account of time of supply
11A. Amendment to Tax liability arising on account of Time of Supply without issuance of Invoice in the sa
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
through e-commerce portals of other companies to Registered Taxable Persons
(figure in Rs.)
Invoice Date
No.
Merchant
GSTIN of e- Gross
ID issued
commerce
by
e-
portal
commerc
e
Value
of
supplie
Taxabl Goods HSN/
e value (G)/ SAC
Servic
es (S)
IGST
SGST
CGST
Place
of
Rate Amt. Rate Amt. Rate Amt Suppl
S
y
(State
operator
Code)
123456789101112131415
Note: Details of supplies made through e-commerce portal to registered Taxable Persons shall be reported in Table 5 of this return, which shall be pre-
populated in this table based on the flag provided in the respective table at the time of creation of Return.
Part 2- Supplies made through e-commerce portals of other companies to Unregistered Persons
(figure in Rs.)
Sr
Merchant ID issued by e-
GSTIN
of
e-
No.
commerce portal
commerce portal
Place of Supply
(State Code)
Taxable
value
IGST
CGST
SGST
Rate
1
2
3
4
5
6
7
Amt Rate Amt Rate Amt
8 9 10 11
13
13
Note: Details of supplies made through e-commerce portal to unregistered Taxable Persons
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ry respect. I
further declare that I have the legal authority to submit this statement.
Place:
Date:
INSTRUCTIONS for furnishing the information
1. Terms used:
GSTIN: Goods and Services Taxable Person Identification Number
Unique Identity Number for embassies
(Signature of Authorized Person)
UIN:
HSN:
Harmonized System of Nomenclature for goods
SAC:
Service Accounting Code
POS:
Place of Supply (State Code) of goods or services – State Code to be mentioned
2. To be furnished by the 10th of the month succeeding the tax period. Not to be furnished by compounding Taxable Person/ISD
3. Aggregate Turnover means as defined under the Goods and Services Tax Act, 20…..
4. HSN/SAC is not mandatory for taxable person whose aggregate turnover is less than 1.5 crores. HSN shall be restricted to maximum 8 digits. If
gross turnover in previous financial year is greater than Rs 5 crore, HSN should be minimum of 4 digits. If gross turnover in previous financial
year is equal to or greater than Rs 1.5
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
o a registered person of earlier tax periods
Original Invoice
Revised Details
IGST
CGST
SGST
(figures in Rs)
POS
(only if
different
GSTIN
of supplier
No. Date GSTIN No. Date Value Goods HSN/ Taxable
Rate Amt
Rate Amt
Rate
Amt
from the
of
Servi SAC value
location
supplie
ces
of
r
recipien
(1)
(2)
(3)
(4) (5) (6)
(7)
(8) (9) (10) (11) (12)
(13) (14) (15)
(16)
(17)
Shall be auto populated from counterparty GSTRI and GSTR5
8. Details of Credit/Debit Notes
GSTI
N/UIN
/ Name
Type of note
(Debit/Credit)
Debit Note/credit note
Original
Invoice
Differenti
al Value
(Plus or
Minus)
(figures in Rs)
Differential Tax
No.
Date
No.
Date
IGST
CGST
SGST
Rate
Amt Rate Amt
Rate
Amt
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10) (11)
(12)
(13)
17
/UIN/
note
Name
(Debit/Cr
edit)
8A. Amendment to Details of Credit/Debit Notes of earlier tax periods
GSTIN Type of
Original
Debit
Note/credit
note
Revised Debit
Note/credit
Original Invoice
details
Differenti
al Value
(Plus or
Minus)
(figures in Rs)
Differential Tax
no
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
(19) (10 (11) (2 (13 (14) (15) (16) (17) (18) (19) (20) (21)
19
Auto
populated
Not auto
populated
(Claimed)
âËÅÂâËÅ shall be auto populated from counterparty CSTRI and GSTRS
Supplies attracting reverse charge (Others claimed by the receiver Taxable Person would include supplies received from unregistered
Taxable person)
Auto populated
Others
Shall be auto populated from counterparty GSTR1 and G$TR5
$ Taxable person will have to enter the amount of credit to be availed for CGST/SGST or IGST as the case may be
Note: If the supply is received in more than one lot, the invoice information should be reported in the return period in which the last lot is received and recorded in the books of accounts.
4A. Amendments to details of inward supplies received in earlier tax periods
Original
Invoice
Revised Details
IGST CGST
SGST
the service
IGST CGST SGS IGST CGS SGST
T
T
GSTI No. Da GST No. Dat ValuGooHS Taxa Ra Amt Rat Am Rate Amt locati s/none Amt Amt Amt Amt Amt Amt
if
differ
ent
POS El
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
(7)
(8)
(9)
(10)
5A. Amendments in Goods /Capital goods received from Overseas (Import of goods) of earlier tax periods
Original Bill of
Revised Details of Bill of entry/ Import
IGST
Eligibility of
ITC as
inputs/capital
(figures in Rs)
Total IGST
available as ITC
ITC available this
month
Entry/ Import
Report
Report
goods/none
No. Date
No. Date Value HSN
Taxable
value
Rate
Amt
(1)
(2)
(3)
(4) (5) (6)
(7)
(8)
(9)
(10)
(11)
(12)
22
22
6. Services received from a supplier located outside India (Import of services)
ITC Admissibility
(figures in Rs)
Invoice
IGST
No
Date
Value
SAC
Taxable
value
Rate
Amt
Total ITC
Admissible as input
services/none
ITC admissible
this month
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
6A. Amendments in Services received from a supplier located outside India (Import of services) of earlier tax
periods
Original Invoice
(figures in Rs)
IGST
ITC Admissibility
SAC
Taxable
value
Rate
Amt
Total ITC
Admissible as
ITC admissible
this month
Revised details of Invoice
No
Date
No
D
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
down
as in
Ra A
te mt
Table 5
above)
IGS CG SG IGS CG SG
Am Amt Amt Am Amt Amt
t
(1)
(3)
(4)
(5)
(7)
(8)
(10) (11) (12)
(13) (14)
(15)
(16) (17) (18)
(19)
(20) (21)
Other than reverse charge
Reverse charge
Details shall be auto populated from counterparty C:STRI and GSTR 5
25
8. Supplies received from composition taxable person/unregistered person & other exempt/nil/non GST supplies
Value of supplies received from
Any exempt
supply not
included in Table
4 above
(5)
Any nil rated
supply not
included in Table
4 above
(6)
Description
HSN Code/
SAC code
Compounding
Taxable person
Unregistered
Taxable person
not included in
Table 4 above
(2)
(3)
(4)
(1)
Interstate supplies
Intrastate supplies
9. ISD credit received
(figures in Rs)
Non GST Supply
(7)
(figures in Rs)
GSTIN ISD
Invoice/Document details
SAC
ISD Credit
No
Date
IGST
CGST
SGST
(1)
(2)
(3)
(4)
(5)
(6)
populated
Shall be auto populated from counterparty ISD return
Auto populated
Not auto
(claimed)
26
26
10(1) TDS Credit received
GS
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
n Rs)
GSTIN/Name of State
unregistered
Code
Document
No.
Document Goods/
Date
Services
supplier
HSN/SAC
of supply
Taxable
Value
IGST
TAX
CGST
SGST
Rat Ta Rat Tax Rat Tax
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9) (10) (11 (12) (13
Note: A transaction id would be generated by system for each transaction on which tax is paid in advance/on account of time of supply.
28
12A. Amendment in Tax liability under Reverse Charge arising on account of time of Supply without receipt of Invoice
Original Details
Revised Details
GSTIN/
Docum
Name of ent No.
customer
Docu
ment
GSTIN State Docu
Date
Date
/ Name
of
Cod
e
ment
No.
Goods
/Servic AC
es
HSN/S
of
custom
er
Taxable TAX
Value
IGST
Rate
CGST
Tax Rate Tax Rate
SGST
Tax
supply
to be
made
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (1
(16)
(figures in Rs)
13. Tax already paid under Reverse Charge in earlier tax periods on account of time of supply for which invoices issued
in the current period
(figures in Rs)
Invoice
No.
Invoice
Dat
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
clare that I have the legal authority to submit this statement.
Place:
Date:
(Signature of Authorized Person)
30
30
Note:
1. To be furnished by the 15th of the month succeeding the tax period
2. Not to be furnished by compounding Taxable Person /ISD
3. Auto-population would be done, on the basis of GSTR1 of counter-party supplier.
4. Further the other details that are not auto-populated, i.e. import of services, eligibility of ITC and quantum thereof and purchases from unregistered Taxable
Person shall be furnished.
31
Government of India/State
Department of
GSTR-2A
AUTO DRAFTED DETAILS
1. GSTIN………..
2. Name of Taxable Person………
(S. No. 1 and 2 will be auto-populated on logging)
3. Period:
Month………
Year…
……
Part A
4. Inward supplies received from Registered Taxable Persons
GSTIN
of supplier
Invoice
IGST
CGST
(figures in Rs)
POS (only if
SGST different from
the location of
recipient)
Taxable Rate Amt
Value
Rate
Amt
Rate
Am
t
(6)
(7)
(8) (9)
(10)
(11)
(12) (13)
(
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
â¬â‰ââ¬â‰ââ¬â‰ââ¬â‰ââ¬â‰ââ¬â‰ââ¬â‰ââ¬â‰ââ¬â‰ââ¬â¬Details shall the auto populated from counterparty GSTRI and GSTHE 5
5A. Amendment to Details of Credit/Debit Notes of earlier tax periods
GSTIN
of
Type of note Original Debit Note/
(Debit/Credi
credit note
supplier
t
Original
/Revised Debit
Note/credit note
Differential
Value
(Plus or
Minus)
Differential Tax
(1)
(2)
No.
(3)
Date
No.
Date
(4)
(5)
(6)
IGST
Rate
CGST
Amt
SGST
Rate Amt Rate Amt
(7)
(8)
(9)
(10) (11) (12) (13)
ââ¬âShall be auto populated from counterparty GSTR-1 and GSTR 5-|
34
34
6. ISD credit received
Part B
GSTIN ISD
Invoice/Document details
SAC
ISD Credit
No
(1)
(2)
Date
(3)
IGST
(4)
CGST
SGST
(5)
(6)
7(1) TDS Credit received
Part C
(figures in Rs)
GSTIN
Invoice/Document
of deductor
Date of
Payment
Value on which TDS IGST
TDS_CGST
(figures in Rs)
TDS_SGST
TDS has been
No
Date
Value
made to the
deducted
Rate
Amt
Rate
Amt
Rate
Amt
deductee
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Shall be au
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
State Code
(1)
(2)
Goods
Services
6.2 Intra-State Supplies to Registered Taxable Persons
(Rate wise-Including Nil, exempt
Rate of Tax
and Non GST)
(1)
Goods
Services
Value
(2)
Value
(3)
(Auto populated from GSTR-1)
(Auto populated from GSTR-1)
CGST
(3)
6.3 Inter-State Supplies to Consumers
(Auto populated from GSTR-1)
(including unregistered Government Departments / persons dealing in exempted / NIL rated/ non GST goods or services)
State Code
Goods
Rate of Tax
(Rate wise-Including Nil, exempt and Non
GST)
Value
Services
38
(figures in Rs)
IGST
(4)
(figures in Rs)
SGST
(4)
(figures in Rs)
IGST
6.4 Intra-State Supplies to Consumers
Rate of Tax
(Rate wise-Including Nil,
exempt and Non GST)
Goods
Services
(1)
Value
(2)
6.5 Exports (including deemed exports)
Description
(1)
Goods
Without payment of GST
With Payment of GST
Services
Without payment of os
(Auto populated from GSTR-1)
CGST
(Auto populated from GSTR-1)
Taxable Value
IGST
CGST
(2)
(3)
(4)
39
SGST
(4)
(figures in Rs)
(figures in
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ST
SGST
(1)
(2)
(3)
(4)
ITC-CGST
available in
current month
(5)
(Auto populated from GSTR -2)
(figures in Rs)
ITC-SGST
available in
current month
(6)
Goods_Inputs
Capital Goods
Services
None
1=11
41
No amount auto
populated
No amount auto
populated
7.3 Imports
Assessable Value
IGST
(1)
(2)
(3)
Goods_inputs
Capital goods
Services
None
(Auto populated from GSTR -2)
(figures in Rs)
ITC-IGST available in current month
(4)
No amount auto populated
7.4 Revision of purchase invoices/Credit note/Debit note and other details pertaining to previous tax period
(including post sales discounts received or any clerical / other errors
(Auto populated from GSTR-2)
(figures in Rs)
Month GSTI Stat Goods HSN
N/UI
N
e
/Servi /SAC
Cod
ces
Documen
t type
(Invoice/
r
Numbe Date Differe
ntial
IGST
CGST SGS
T
Value
IGST
e
Debit
ITC available in
current month
CGS
T
SGST
(Plus
note/Cred
or
it
Minus)
note/Bill
of Entry)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(14)
(15)
(16)
(1)
Goods-Inputs
Capital Goods
S
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ceived during the month
44
(figures in Rs)
IGST
(5)
(Auto-populated from GSTR-2)
GSTIN of TDS deductor
(1)
IGST
CGST
(figures in Rs)
SGST
Rate
Tax
Rate
Tax
Rate
Tax
(2)
(3)
(4)
(5)
(6)
(7)
9B. TCS credit received during the month
GSTIN of E-
IGST
CGST
commerce
Operator
Rate
Amt
Rate
Amt
(1)
(2)
(3)
(4)
(5)
(Auto-populated from GSTR-2)
Rate
SGST
Amt
(6)
(7)
10. ITC received during the month
Description
IGST
CGST
(figures in Rs)
SGST
Rate
Tax
Rate
Tax
Rate
Tax
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Goods-Inputs
Capital Goods
Services
45
45
Part B
11. Tax, interest, late fee and penalty paid (auto-populated from cash and ITC ledger)
Part (a)
S.
Description
No.
(figures in Rs)
Debit entry in Credit Ledger
Tax payable
Debit entry in Cash Ledger
Debit no.
IGST
Paid
no.
(6)
(7)
(8)
(9)
CGST SGST Debit IGST CGST SGST
Paid Paid
Paid Paid Paid
(10) (11) (12) (13)
(1)
(2)
1.
IGST
2.
CGST
3.
SGST
Part (b)
S. No.
IGST
Payable
CGST
Debit entry in Cash Ledger
SGST
Debit no.
IGST
CGST
SGST
Paid
Paid
Paid
(1)
(3
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
axable person, you are liable to file aforesaid return (s) for the above said tax period and it has been noticed that you have not filed the said
return till date. You are hereby directed to file the above said return within 15 days of service of notice failing which assessment proceedings will be initiated under
section
of the
Act.
It may also be mentioned here that no further notice/reminder will be issued in this regard.
Name:
Designation:
48
48
Government of India/State
Department of
GSTR-4
[See Rule…..]
Quarterly Return for Compounding Taxable person
1. GSTIN
2. Name of the Taxable Person..
3. Address
(S. No. 1, 2 and 3 shall be auto-populated on logging)
4. Period of Return
From
To….
44
49
5. Inward supplies including supplies received from unregistered persons
GSTIN/ Name
of unregistered
supplier
Invoice
(figures in Rs)
IGST CGST
SGST
No.
Date
ValueGoods/Services HSN/ Taxable Rate Amt Rate Amt
SAC value
Rate Amt
(1)
(2)
(3)
(4)
(5)
(6) (7) (8) (9) (10) (11) (12) (13)
Auto po
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ers
51
6. Goods/Capital goods received from Overseas (Import of goods)
No.
Date
Value
Bill of entry
HSN*
Assessable
Value
Rate
(1)
(2)
(3)
(4)
(5)
(6)
IGST
(figures in Rs)
Amt
(7)
*at 8-digit level
6A. Amendments in Goods /Capital goods received from Overseas (Import of goods) of earlier tax periods
Original Bill of Entry
No.
Date
No.
Date
Revised details of Bill of entry
Value
HSN
(figures in Rs)
IGST
Assessable Value
Rate
Amt
(1)
(2)
(3)
(4)
(5)
(6)
(7)
52
52
(8)
(9)
7. Services received from a supplier located outside India (Import of services)
Invoice
IGST
No
(1)
Date
Value
SAC
Assessable Value
Rate
Amt
(2)
(3)
(4)
(5)
(6)
(figures in Rs)
(7)
7A. Amendments in Services received from a supplier located outside India (Import of services) of earlier tax
periods
Original Invoice
No
Date
No
Date
Revised details of Invoice
Value
(figures in Rs)
IGST
SAC
Taxable value
Rate
Amt
(1)
(2)
(3)
(4)
(5)
(6)
(7)
53
(8)
(9)
8. Outward Supplies made
(figures in Rs)
S.No.
Nature of supplies
Turnover
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
lue
(Plus or
Minus)
Differential Tax
GSTIN
No. Date
GSTIN
No.
Date
IGST
CGST
SGST
Rate Amt Rate Amt Rate Amt
(1)
(3)
(4)
(6)
(7)
(8)
(9)
(10) (11) (12) (13) (14)
Other than reverse charge
unca da se napetails shall be auto populated from counterparty GSTRI and GSTR 5
Reverse charge
10. TDS Credit received
GSTIN
Invoice/Document
of deductor
No
Date
Value
(1)
(2)
(3)
(4)
Date of
Value on which | TDS_IGST
TDS_CGST
(figures in Rs)
TDS_SGST
Payment to
TDS has been
the deductee deducted
Rate
Amt
Rate
Amt
Rate
Amt
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Shall be auto populated from counterparty TDS return
56
11. Tax liability under reverse charge arising on account of time of supply without receipt of Invoice
GSTIN/UIN/
Name of
State
Code
customer/unre
gistered
supplier
Liability under reverse charge
Goods/Services
HSN/SAC
of supply
Taxable Value
of supply
IGST
TAX
CGST
(figures in Rs)
SGST
Rate
Tax
Rate
Tax
Rate
Tax
11A. Amendment in Tax liability under Reverse Charge arising on account of time o
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
pplies
(ii) Inward supplies on reverse charge
Tax payable for current tax period
(i)
Outward supplies
(ii) Inward supplies on reverse charge
Interest
Late Fees
Penalty
Others (Please Specify)
58
IGST# CGST# SGST#
(figures in Rs)
Compounding Tax
CGST
(2)
(3)
(4)
(5)
SGST
(6)
Total
# Tax paid in respect of supplies attracting reverse charge and those received from unregistered persons
$ Details for tax payable for previous tax period will be reflected Quarter-wise.
14. Details of Tax Payment
Tax paid
Interest paid
Fee paid
Penalty
Others
Cash
Date
IGST
CGST
SGST
Compounding Tax
(figures in Rs)
Total tax paid
Ledger
Debit
Entry No.
CGST
(1)
(2)
(3)
(4)
(5)
(6)
(7)
SGST
(8)
(9)
15. Refund Claimed
S.N
0
Description
Minor head
(Tax/Interest/
CGST
SGST
IGST
Compounding Tax
CGST
SGST
Fee/
Penalty/Other
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
1.
Refund claimed from cash ledger
2.
Bank Account Details*
59
*This should be one of the bank accounts mentioned in the GSTIN
16. Are you likely to cross composi
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
evised Details
62
IGST
CGST
SGST
GSTIN
of supplier
No.
Date GSTIN No. Date
Value Goods/ HSN/
of
Service SAC
Taxable Rate Amt
value
Rate
Amt
Rate
Amt
(1)
(2)
(3)
supplier
(4)
S
(5)
(6)
(7)
(8)
(9)
(10) (11) (12)
(13)
(14)
(15)
(16)
6. Details of Credit/Debit Notes received
shall be auto populated from counterparty GSTR1 and GSTR5
GSTIN
of
âÃâÆâÃâââ¬Ãµ
Debit Note/ credit note
Original Invoice
Differential
of
Value
supplier note
(Debi
t/Cre
(Plus or
Minus)
dit)
No.
Date
No.
Date
(1)
(2)
(3)
(4)
(figures in Rs)
Differential Tax
IGST
CGST
SGST
Rate
Amt
Rate Amt Rate Amt
(5)
(7)
(8)
(9)
(10)
(11) (12)
(13) (14)
Details shall if auto populiced from counterparty GSTRI and GSTR 5
63
63
6A. Amendment to Details of Credit/Debit Notes Issued and Received of earlier tax periods
GSTIN
of
supplier
Type of note
(Debit/Credi
t
Original Debit Note/
credit note
Original
/Revised Debit
Note/ credit note
Differential
Value
(Plus or
Minus)
7.
(1)
(2)
No.
TDS Credit received
(3)
Date
No.
Date
(4)
(5)
(6
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
)
(8A)
(9)
(10)
available
as ITC
ITC
available
this
month
(11)
66
* at 8-digit level
5A. Amendments in Goods imported of earlier tax periods
(figures in Rs)
Original Bill of
Entry
Revised/Original Bill of entry
IGST
Eligibility for
ITC as
Total IGST
available as
ITC available this
month
inputs/capital
ITC
No. Date
No. Date Value HSN
Taxable
value
Rate Amt
goods/none
(1)
(2)
(3) (4) (5) (6)
(7)
(8)
(9)
(10)
(11)
(12)
62
67
6. Services received from a supplier located outside India (Import of services)
(figures in Rs)
Invoice
IGST
ITC Admissibility
No
Date
Value
SAC
Taxable
value
Rate
Amt
Total ITC
Admissible as input
services/none
ITC admissible
this month
(1) (2) (3) (4) (5) (6) (7) (8) (9)
(figures in Rs)
6A. Amendments in Services received from a supplier located outside India (Import of services) of earlier tax
periods
Original Invoice
Revised details of Invoice
IGST
No
Date
No
Date
Value
SAC
Taxable
value
Rate
Amt
ITC Admissibility
Total ITC
Admissible as
input
services/none
ITC ad
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Note/ credit
Original
Differ
Differential Tax
note
note
Invoice
ential
(Debit/
Value
of
Credit)
(Plus
receiver
or
Minus
)
No.
Date
No.
Date
IGST
CGST
SGST
Rat Am
Rat
Am
Rate
Amt
t
t
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10
(11)
(12)
(13)
Note: Information about Credit Note / Debit Note to be submitted only if issued as a supplier
7A. Amendment to Details of Credit/Debit Notes of earlier tax periods
70
70
(figures in Rs)
GSTIN/
UIN
Type of
note (Debit/
Original Debit Note/
credit note
Credit)
Original/Revised
Debit Note/ credit
Differenti
al Value
note
(Plus or
Minus)
No.
Date
No.
Date
Differential Tax
IGST
CGST
Rate
Amt
Rate
SGST
Amt Rate Amt
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11) (12) (13)
Note: Information about Credit Note / Debit Note to be submitted only if issued as a supplier.
8.
Tax paid
(figures in Rs.)
Description
Tax payable
Debit no. in ITC ITC (IGST) utilized
ledger
(1)
(2)
(3)
(4)
Debit no. in cash
ledger
(5)
Tax paid in cash (after
adjusting ITC)
(6)
IGST
CGST
SGS
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
GSTR-1 and GSTR-5)
(figures in Rs)
ITC available this
available as ITC $ month $
POS
SGST (only if|
differe
nt from
the
locatio
Eligibility of Total Tax
ITC as
Input/Capital
goods/Input
services/none
IGST CGS
T
SGS IGST CGS SGST
T
T
n of
recinie
No. Date Value Servi SAC Taxa Rat Amt Rate Amt Rat Amt
ces
ble
value
e
e
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
Other than supplies attracting reverse charge
Auto
populated
Not auto
Shall be auto populated from counterparty GSTR1 and GSTRS
populated
$
Taxable person will have to enter the amount of credit to be availed for CGST/SGST or IGST as the case may be
Amt Amt Amt Amt Amt
Amt
(15)
(16) (17) (18) (19) (20)
(21)
Note: If the supply is received in more than one lot, the invoice information should be reported in the return period in which the last lot is received and recorded in the books of accounts.
75
75
4A. Amendments to details of inward supplies received in earlier tax periods
(figures in Rs)
Origin
al
GST Revise
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
TC
(select
from
drop
down as
in Table
5 above)
(2) (3) (4) (5)
(7) (8) (9) (1 (1 (1 (1 (14)
ITC available
Total Tax
available as
ITC
this month
IG CG SG IG CGS SGS
A Am Am A Amt Amt
mt t
mt
t
G (16 (17 (19) (20)
Other than reverse charge 0 ) 2) 3) 5) 1 1 8)
Reverse charge
âËÅ Detants shall be auto populated from counterparty GSTRI and GSTR5
5A. Amendment to Details of Credit/Debit Notes of earlier tax periods
Original Debit
Note/credit
note
Revised
Type of
Details of
original Debit
Note/credit
note
Differen
tial
note
(Debit/Cr
edit)
Value
(Plus or
Minus)
Differential Tax
Eligibi
lity for
ITC
(select
Total Tax
available as
ITC
17
77
ITC available
this month
GST
N
Da
IN
0.
te
IN
SN
GST N Da
0.
à ½ââ¢Ã ½±à ¼§
te
IGST
CGST
SGST
from
drop
Ra A Ra A
te mt te mt
Ra
A
down
IGS CG SG IGS CG SG
Am Amt Amt Am Amt Amt
te mt
as in
Table 5
above)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9) (10) (11) (12) (13) (14)
(15) (16)
(17) (18) (19) (20) (21)
Other than reverse charge
Reverse charge
6.
Input S
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ority to submit this return.
Place:
Date:
Note:
1. To be furnished by 13th of the month succeeding the tax period)
(Signature of Authorized Person)
79
2.
3.
1. GSTIN:
Name of the Registered person:
(S.No. 1 and 2 will be auto-populated on logging)
Period:
Month
Government of India/State
Department of
GSTR-6A
[See Rule…..]
AUTO DRAFTED DETAILS
Year……..
4.
From Registered Taxable Persons (to be auto-populated from counter party GSTR-1 and GSTR-5)
GSTIN
of supplier
Invoice
IGST
CGST
(figures in Rs)
POS (only
SGST
if different
from the
location of
recipient)
No.
Date
Value Services SAC
Taxable Rate Amt
value
Rate
Amt
Rate Amt
(2) (3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11) (12) (13)
(14)
Other than supplies attracting reverse charge
(1)
Auto populated
ated Shall be auto populated from counterparty/GSTRI and GSTRS
80
88
$ Taxable person will have to enter the amount of credit to be availed for CGST/SGST or IGST as the case may be
Note: If the supply is received in more than one lot, the inv
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
)
(8)
(9) (10) (11) (12) (13) (14)
Details shall be auto popalated from counterparty GSTR and GSTR 5
5A. Amendment to Details of Credit/Debit Notes of earlier tax periods
GSTIN
of
Type of note
(Debit/Credi
supplier
(1)
(2)
No.
Original Debit Note/
credit note
Original
/Revised Debit
Note/ credit note
Differential
Value
(Plus or
Minus)
Differential Tax
(3)
Date
No.
Date
(4)
(5)
(6)
IGST
Rate
CGST
SGST
Amt
(7)
(8)
(9)
(10) (11) (12)
Rate Amt Rate Amt
(13)
Shall be auto populated from counterparty GSTRI and GSTR 5-
This auto drafted form is generated by the GST system.
82
723
Government of India/State
Department of
GSTR-7
[See Rule…..]
TDS Return
1.
GSTIN:
2.
Name of Deductor:
3.
Return period: Month.
(S.No. 1 and 2 will be auto-populated on logging)
Year….
4.
TDS details
GSTIN
Contract Details
Invoice/Document
of
Date of
Payment
deductee No Date Value No Date Value to
Value on
which TDS
is to be
TDS IGST
TDS_CGST
(figures in Rs.)
TDS_SGST
Rate
Amt Rate Amt
Rate Amt
deductee
(1)
(2) (
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
return.
Place:
Date:
Note:
1. To be furnished by 10th of the month succeeding the month of deduction
84
(Signature of Authorized Person)
Description
TDS Certificate No.
GSTIN of TDS Deductor
Name of the Taxable person / Contractor:
GSTIN of Contractor (Supplier)
Assessment Circle / Ward
Tax Period for which GSTR 7 is filed
GSTIN of Deductee
Contract Details
Government of India/State
Department of
Form GST ZA
(See Rule )
–
Tax Deduction Certificate
(To be maintained at the Common Portal)
GSTIN-
Name
Period – From
To
(dd/mm/yyyy)
Act – /All
CERTIFICATE OF DEDUCTION OF TAX AT SOURCE
Invoice Details
Date of
Payment
to
Value on which TDS
is deducted
TDS_IGST
deducted and
deposited
TDS CGST
TDS SGST
85
Deductee
No.
Date Value
No. Date
Value
1
2
3
4
5
6
7
00
Rate
Tax
Rate
Tax
Rate
Tax
9
10
11
12
13
14
This Certificate has been generated on the basis of information furnished in the return by the TDS Deductee GSTIN…
86
968
Department of Revenue
Government of India
Government of India/State
D
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
tat
e
Code
123456789 10 11 12 13 14 15 16 17 18
(5) Details of the supplies to unregistered persons made through the e-commerce operator
Sr
Merchant ID issued by GSTIN of supplier
No.
e-commerce portal
1
3
4
Place of Supply (State Taxable
Code)
value
IGST
CGST
(figure in Rs.)
SGST
88
88
Rate Amt Rate Amt Rate Amt
10
5
7
8
9
10 11 12 13
(5A) Amendment to details of the supplies to unregistered persons made through the e-commerce operator
Sr
Original Details
No.
Revised Details
Merchant
ID GSTIN
issued by e- of
Taxable
value
IGST
CGST
(figure in Rs.)
SGST
commerce
supplier
portal
Tax
Place of
Tax
Place
of
Rate Amt Rate Amt Rate Amt
period of Supply
period of Supply
supplies
(State
supplies
(State
Code)
Code)
1
2
3
4
5
7
8
9
10
11
12 13
14 15
6. Tax Collected at Source (TCS) Details
Name Value on
of
which TCS
supplier suppli is collected
Sr
Tax
Merchant
No.
Period
ID
GSTIN
of
of
allocate
payment by
e-
to
commerc
er
supplier e portal
1
2
Nature of
supply
(B2B/B2C)
TCS_IGST
TCS_CGST
(figure
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
e-commerce operator(s) providing facility of supplying goods and/or services, other than branded services, of other
suppliers through his portal
90
hereby declare that the information given in this statement is true, correct and complete in
every respect. I further declare that I have the legal authority to submit this statement.
Usual declaration and signature.
Declaration
I
Place:
Date:
Person)
113
91
(Signature of Authorized
1. GSTIN
2. Name of the Taxable Person
Government of India/State
Department of
GSTR-9
[See Rule…..]
ANNUAL RETURN
[To be furnished by the 31st December of the next Financial Year]
(S. No. 1 and 2 will be auto-populated on logging)
2C. Whether liable to Statutory Audit âââ¬ââ⬹ Yes
ÃŽŸ ÃŽÂÃŽ¿
3. Date of statutory Audit
4. Auditors
5. Details of expenditure:
(a) Total value of purchases on which ITC availed (inter-State)
92
22
Goods
S. No.
Description
HSN Code
UQC
Quantity
Tax Rate
Taxable Value IGST Credit
Services
S. No.
Description
Accounting Code
Tax Rat
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
GST Paid (intra-State Supplies)
Goods
Tax Rate
Tax
S.No
Description
HSN Code
UQC
Quantity
Taxable
Value
CGST
SGST
CGST
SGST
Services
S.No
Description
SAC
Taxable Value
Tax Rate
CGST
SGST
Tax
CGST
SGST
96
(c)Total value of supplies on which GST Paid (Exports)
Goods
S.No
Goods
HSN Code UQC
Quantity
Tax Rate
FOB
Value
IGST
Custom Duty
Services
S.No
Services
SAC
Tax Rate
FOB Value
IGST
(d)Total value of supplies on which no GST Paid (Exports)
Goods
Sl.No
Services
Goods
HSN Code
UQC
Quantity
Tax Rate
FOB Value
97
97
Sl.No
Services
SAC
Tax Rate
FOB Value
(e) Value of Other Supplies on which no GST paid
Sl. No.
Goods/Services
(f) Purchase Returns
Goods
Sl. No
Services
Sl. No
Value
Goods
HSN Code
Taxable Value IGST
CGST
SGST
Services
SAC
Taxable Value IGST
CGST
SGST
98
(g) Other Income (Income other than from supplies)
Sl. No.
Specify Head
7 Return reconciliation Statement
Amount
A IGST
Sl. No
Month
Tax
Paid
Tax Payable (As per Difference
audited a/c)**
Interest
Penalty
Total
B
CGST
Sl. No
Mon
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
TURN FOR COMPOUNDING TAXABLE PERSONS
1. GSTIN
2. Name of the Taxable Person
(S. No. 1 and 2 will be auto-populated on logging)
3. Period of Return
From
ÃŽ¤ÃŽ¿
(to indicate the period for which the Taxable Person was compounding Taxable Person-dd/mm/yyyy)
3A Year for which Return is being filed From
To……….
(to indicate the financial year)
4. Turnover Details
1
Gross Turnover (GSTIN)
2
Gross Turnover (Entity)
103
(figures in Rs.)
5. Details of expenditure:
A) Total value of local purchases including purchases from unregistered persons net off purchase return
(1)Goods (other than attracting reverse charge)
Whether goods have been procured?
OYes
Sl. No.
Description
ONO
HSN Code
Taxable Value
IGST paid
CGST paid
SGST paid
104
(2) Goods (attracting reverse charge)
Whether goods (attracting reverse charge) have been procured?
O Yes
O No
Sl. No.
Description
HSN Code
Taxable Value IGST paid
CGST paid
SGST paid
(3) Services (other than attracting reverse charge)
Whether services (other t
= = = = = = = =
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= = = = = = = =
r Income (Income other than from supplies)
Whether the Taxable Person has income other than from supplies? O Yes ÃŽŸ ÃŽÂÃŽ¿
Sl. No.
Specify Head
108
Amount
7. Return reconciliation Statement
A Compounding tax (on outward supplies)
Sl. No. Quarter
Turnover as per return
Tax
Paid as per return
Tax Payable (As per audited a/c)** Difference Interest Penalty
1
2
3
4
5
6
7
8
Q1
Q2
Q3
Q4
Total
B
CGST Paid on reverse charge basis
Have you paid CGST on reverse charge basis? O Yes
O No
109
Sl. No
Quarter
Tax
Paid as per
return
Tax Payable (As per Difference
audited a/c)**
Interest
Penalty
C
Total
SGST paid on reverse charge basis
Have you paid SGST on reverse charge basis? O Yes O No
Sl. No
Quarter
Tax
Paid as per
return
Tax Payable (As per Difference
audited a/c)**
Interest
Penalty
Total
D IGST paid on reverse charge basis
Have you paid IGST on reverse charge basis? O Yes O No
**
Sl. No.
Quarter
Total
Tax
Paid as per
return
Tax Payable (As per
audited a/c)**
Difference
Interest
Penalty
110
8
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
pulated.
1.
GSTIN
2.
Legal Name
3.
4.
Address
5.
Business Name
(Principal place of business)
Application Reference Number (ARN) of surrender application, if any
6.
Effective Date of Surrender/Cancellation
7.
Whether cancellation order has been passed:
8.
If Yes, Unique ID of Cancellation order
9.
Date of Cancellation Order
10.
Particulars of closing Stock held on date of surrender / cancellation
(DD/MM/YYYY)
Yes/No
(DD/MM/YYYY)
Sr No.
HSN
Descrip
Type of Unit of Quantit Price
Value
In case
ITC already availed (Rs.)
Rate of Tax
Code
tion of Goods
goods
measur
y
per
(fair
of CG,
Output tax
(Rs.)
(Cap
ement
unit
mkt)
% points
Other)
(Rs.)
consider
CGST IGST
SGST
CG
SGST
CGST
SGST
ed for
ST
reductio
n
1
2
3
4
5
6
7
8
8A
9
9A
10
11
11A
12
13
10.1 INPUTS AS SUCH
10.2 INPUTS IN SEMI-FINISHED GOODS
113
1
Amount of Tax payable
2A
ITC Ledger
10.3 INPUTS IN FINISHED GOODS
10.4 INPUT SERVICES
10.5 CAPITAL GOODS
Total
No.
XXXX
XXX
XXX
XXX
XXX
2B
Cash Ledger XXXXXXXXXXX
10A. Amount of tax payable on
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= = = = = = = =
o-populated
TOTAL
Note:
Missed invoices details for inward supplies can be added by the UIN holder.
I
_hereby declare that the information given in this statement is true, correct and complete in every respect. I
further declare that I have the legal authority to submit this statement.
Place:
Date:
(Signature of Authorized Person)
Note:
1. To be furnished by 28th of the month following the month for which statement is filed
2. To be furnished by the persons holding UIN w.r.t. the inward supplies made during the month for consumption or use
117
X
GST_ITC 1.xlsx
GSTR ITC-1
118
S. No.
1.
2.
Particulars
Type of Application
Enrolling Authority
3.
State
4.
Jurisdiction
5.
6.
7.
Period of Enrollment
Enrolment sought as:
Form GST-TRP -1
[See Rule……]
Application for Enrolment as Tax Return Preparer under
Goods and Services Tax Act, >
6.1
Chartered Accountant holding COP
6.2
6.3
Company Secretary holding COP
Cost & Management Accountant holding COP
6.4
Lawyer currently licensed to practice
6
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
……
Form GST ââ¬âTRP 1 A
[See Rule……]
Acknowledgement Receipt
Application Reference Number (ARN)
Your application has been successfully filed against
The status of the Application can be viewed through ââ¬ÅTrack Application Status” at dash board on the GST Portal.
Form No.
Form Description:
Date of Filing
Time of filing
Name of the Applicant :
Center Jurisdiction
State Jurisdiction:
Filed by
: (Name of the Applicant TRP)
It is a system generated acknowledgement and does not require any signature.
122
[See Rule
Form GST TRP -2
(See Rule-)
Enrolment Certificate for Tax Return Preparer
Government of India
And
Government of
Goods and Services Tax Department
Central Goods and Services Tax Act, and Goods and Services Tax Act,
of the Central Goods and Services Tax Rules, 2017 and Rule of the Goods and Services Rules Act, 2017]
Enrolment Number
PAN for which Provisional ID is generated
Return (Legal Name of the Taxable Person as per the data shared by States/Center)
1.
2.
PA
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
nd guilty of misconduct in connection with following proceeding under the Act,:-
1
2
You are directed to submit the above said documents/ file reply / clarification on the above said points within >(Date Picker).. If no response is
received by the stipulated date(Date Picker), your application is liable for rejection/ Your enrolment is liable for cancellation.
Please note that no further notice / reminder will be issued in this matter.
124
Signature (digital)]
Name
(Designation)
125
Department of
Government of
(State with which the applicant wants to enroll)
Form GST TRP – 4
[See Rule -]
Reference No >
To
>
(Name of the Taxable person) (As mentioned in the registration application)
(Address of the Taxable person) (As mentioned in the registration application)
Enrollment Number
Application Reference No. (ARN) (Latest)
–
Dated DD/MM/YYYY
Order of Rejection of Application for enrolment as Tax Return Preparer/
Or
Disqualification to function as Tax Return Preparer
–
This is with reference
= = = = = = = =
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= = = = = = = =
erly, annual or final return;
âââ¬Å¡Â¬
making of payments for credit into the cash ledger;
âââ¬Å¡Â¬
file a claim for refund;
âââ¬Å¡Â¬
represent us in any proceeding under the Act other than inspection, search, seizure and arrest;
file an appeal to the First Appellate Authority;
file an appeal to the Appellate Tribunal *
âââ¬Å¡Â¬
(I)
âââ¬Å¡Â¬
âââ¬Å¡Â¬
file an application for amendment or cancellation of registration;
(I)
âââ¬Å¡Â¬
Application for fresh registration.
*(should be limited to CA /CS/ICWA & Advocates only)
You are requested to accept the engagement by utilizing the facility available on Common Portal. This engagement would be valid from the date and time of
your acceptance on the Common Portal.
(Name of the Taxable Person with GSTIN)
From
Taxable Person
Name
GSTIN /Unique ID/Temporary GSTIN
ÃŽ¤ÃŽ¿
TRP (Enrolment Number)
Address
Form GST TRP- 7
[See Rule ]
Subject:- Disengagement from the assignment
Sir/Madam
I > on behalf of the > hereby inform you to disengage from the following
= = = = = = = =
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= = = = = = = =
he Central/ State Goods and Services Tax Act, 2016 and Rule __ of the Central/ State Goods and Services Tax Rules, 2016)
Audit Report certified by a â⬦â⬦â⬦â⬦â⬦â⬦â⬦â⬦.
Certified that I/we being a …………………. have audited the accounts of _>_ at > having a registration number (GSTIN) ____________ for the year ending 31st March 20__ and subject to my/our observations and comments about non compliance, short comings and deficiencies in the returns filed by the Taxable person, as given in the attached report,
1 The books of accounts and other related records and registers maintained by the taxable person are sufficient for the verification of the correctness and completeness of the returns filed for the year;
2 The total turnover of outward supplies declared in the returns includes all the outward supplies effected during the year;
3 The total turnover of inward supplies declared in the returns includes all the inward supplies
= = = = = = = =
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= = = = = = = =
branch or unit in the State having a different registration number (GSTIN)
4(b) Details of any branch or unit in other State having different registration number (GSTIN)
5 Nature of business
6(a) Description of 10 major goods sold/ services provided
6(b) New business activity
7 Constitution of the business
8 Names and address of the Propreitor/Partners/ Directors as on date of filing of Audit Report
9 Details of Registration with other departments
9(a) – Income Tax Permanent Account Number
9(b) – Importer Export Code Number
9(c) – Corporate Identity Number
10 Particulars of all bank accounts of the taxable person
10(a) Name of the bank and branch
10(b) Account number
11 List of books of accounts maintained
12 List of books of accounts examined
13(a) Name and version of accounting software used (if electronic records being maintained)
13(b) Change in accounting software, if any
14(a) Method of valuation of opening and closing stocks
14(b) Change in method of valuat
= = = = = = = =
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= = = = = = = =
cash in cash ledger Annex 5
6 By utilising input tax credit ledger Annex 5
7 By utilising TDS in cash ledger Annex 5
C) Other details
8 Deposit by challans Annex 6
9 Transfer of TDS from deductors Annex 7
10 Refunds Annex 8
11 Amounts paid under protest/ as pre-deposit against demand Annex 9
12 Balances as on date of financial statements (GST payable) Annex 10
13 Balances as on date of financial statements (ITC) Annex 11
14 ITC Annex 1
15 Tax paid on advance receipts Annex 1
14 TDS deducted Annex 12
Reconciliation of Outward supplies( including taxable supplies on account of time of supply being different from invoice date)
Particulars Amount Remarks
Value of outward supplies as per returns (Section 15) >
Adjustments:
A) Difference in value of supplies as per returns and financial statements on account of following reasons: Amount Please specify briefly the details
15(4)(i): minus the consideration, whether paid or payable, is not money, wholly or
15(4)(ii):
= = = = = = = =
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= = = = = = = =
or services being valued, to the extent that such value has not been included in the price actually paid or payable
15(2)(c) minus royalties and licence fees related to the supply of goods and/or services being
valuedthat the recipient ofsupply must pay, either directly or indirectly, as a condition of thesaid supply, to the extent that such royalties and fees are not included in the price actually paid or payable
15(2)(d) minus any taxes, duties, feesand charges levied under any Statute other than the SGST Act or the CGST Act or the IGST Act
15(2)(e) minus/plus incidental expenses such as commission, packing, charged by the supplier to the recipient of a supply, including any amount charged for anything done by the supplier in respect of the supply of goods and/or servicesat the time of, or before delivery of the goods or, as the case may be, provision of the services
15(2)(f) minus subsidies provided in any form or manner, linked to the supply
15(2)(g) minus out of pocket expenses
15
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
rks
Value of inward supplies as per returns (Section 17) >
Adjustments:
A) Difference in value of supplies as per returns and financial statements on account of following reasons:
15(4)(i): the consideration, whether paid or payable, is not money, wholly or
15(4)(ii): the supplier and the recipient of the supply are related
15(4)(iii): Other reasons there is reason to doubt the truth or accuracy of the transaction value declared
by the supplier
15(4)(iv): Special sectors business transactions in the nature of pure agent, money changer, insurer, air
travel agent and distributor or selling agent of lottery
15(4)(v): Other notified cases such other supplies as may be notified by the Central or a State Government in
this behalf
B) Adjustments (if not included in financial statements)
15(2)(a) any amount that the supplier is liable to pay but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goodsand/or servi
= = = = = = = =
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= = = = = = = =
sat the time of, or before delivery of the goods or, as the case may be, provision of the services
15(2)(f) subsidies provided in any form or manner, linked to the supply
15(2)(g) out of pocket expenses
15(2)(h) any discount or incentive that may be allowed after the supply has been effected
Others (please specify) Eg. unbilled revenue, advances
C) Adjustments (if included in financial statements)
15(3) discount allowed before or at the time of supply provided such discount is allowed in the course of normal trade practice and has been duly recorded in the invoice issued in respect of the supply
Others (please specify)
D) Adjustments (Differences on account of time of supply)
Opening advances
Closing advances
Opening unbilled revenue
Closing unbilled revenue
Dervied as per financial statements
Effective turnover for present State (Note 1)
Difference
Note 1
Total turnover as per financial statements >
Less: Turnover pertaining to other States >
Add: Turn
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
tal CGST SGST IGST Total CGST SGST IGST Total Remarks
By Utilising Cash in Cash Ledger
By Utilising Input tax Credit Ledger
By Utilising TDS in Cash Ledger
Reconciliation of 'Deposit by Challans'
Particulars CGST SGST IGST Total
Tax deposit by Challans as per returns
Tax deposit by Challans as per books of accounts
Difference
Reason for difference
Reason 1
Reason 2
Reason 3
Reason 4
Total
Reconciliation of 'Transfer of TDS from deductors'
Particulars CGST SGST IGST Total
Amount of Transfer of TDS from deductors as per returns
Amount of Transfer of TDS from deductors as per financial statements
Difference
Reson for difference
Reason 1
Reason 2
Reason 3
Reason 4
Total
Reconciliation of 'Refunds'
As per return As per financial statements Difference
Particulars CGST SGST IGST Total CGST SGST IGST Total CGST SGST IGST Total Remarks
Refund claim pending at start of the year
Refund claim filed during the year
Refund claim receive
= = = = = = = =
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= = = = = = = =
Reason 2
Reason 3
Reason 4
Total
Reconciliation of 'TDS deducted'
Particulars CGST SGST IGST Total
Amount of TDS deducted as per returns
Amount of TDS deducted as per financial statements
Difference
Reson for difference
Reason 1
Reason 2
Reason 3
Reason 4
Total
Details of Income
(A)Total value of supplies on which GST paid (inter-State Supplies)
Goods As per Annual Return As per Auditor
S.N Description HSN Code Tax Rate Taxable value IGST Tax Rate Taxable value IGST Reason for differences
1
2
3
Services As per Annual Return As per Auditor
S.N Description Accounting code Tax Rate Taxable value IGST Tax Rate Taxable value IGST
1
2
3
(B)Total value of supplies on which GST paid (intra-State Supplies)
Goods As per Annual Return As per Auditor
S.N Description HSN Code Taxable value Tax Rate
CGST Tax Rate
SGST Tax
CGST Tax
SGST Taxable value Tax Rate
CGST Tax Rate
SGST Tax
CGST Tax
SGST Reason for differences
1
2
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
per Auditor
S.N Goods/service Value Value Reason for differences
1
2
3
(F)Sales Returns
Goods As per Annual Return As per Auditor
S.N Description HSN Code Taxable value CGST SGST IGST Taxable value CGST SGST IGST Reason for differences
1
2
3
(G) Other Income (Income other than from supplies)
As per Annual return As per Auditor
S.N Specify Head Amount Amount Reason for differences
1
2
3
Details of Expenditure
(A)Total value of purchases on which ITC availed (inter-State)
Goods As per Annual Return As per Auditor
S.No. Description HSN Code UQC Quantity Tax rate Taxable value IGST credit Quantity Tax rate Taxable value IGST credit Reason for differences
1
2
3
Services As per Annual Return As per Auditor
S.N Description Accounting code Tax Rate Taxable value IGST credit Tax Rate Taxable value IGST credit
1
2
3
(B) Total value of purchases on which ITC availed (intra-State)
Goods As per Annual Return As per Aud
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
n As per Auditor
S.N Goods/service Purchase value Purchase value Reason for differences
1
2
3
(E) Purchase Returns
Goods As per Annual Return As per Auditor
S.N Description HSN Code Taxable value CGST SGST IGST Taxable value CGST SGST IGST Reason for differences
1
2
3
Services As per Annual Return As per Auditor
S.N Description SAC Taxable value CGST SGST IGST Taxable value CGST SGST IGST Reason for differences
1
2
3
(F) Other Expenditure (Expenditure other than purchases)
As per Annual return As per Auditor
S.N Specify Head Amount Amount Reason for differences
1
2
3
Inward supplies Credit received from ISD, ITC Received on an invoice on which partial credit availed earlier
Impact of other credit notes/ debit notes on which ITC not taken or issued for other purposes not considered in GST returns
A. Summary of details filed as per monthly returns – Inward supplies
A.1 Goods – ITC availed
ITC availed Amounts as per Aud
= = = = = = = =
Plain text (Extract) only
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= = = = = = = =
es would arise in adjustments.
3(b). Also, credit notes/ debit notes will need to be bifurcated by the recipient thereof into HSN/SAC for which ITC has been initially availed so that only those cn/dn are considered for adjustments
4. If required, import details can be provided in a separate table for reconciliation
5. Details of inward supplies of exempted/ nil rated/ non-gst goods, supplies from unregistered dealers are not to be reported in this table
# Not applicable to services, intra-State supplies and specified inter-State supplies of goods
A.2 Services – ITC availed
ITC availed
SAC Description Taxable Value CGST SGST IGST Remarks
XXX Service 1 200000 10000 8000 18000 Refer table 4, 6 of GSTR 2
Adjustments:
Impact of amendments to details of inward supplies Refer table 4A, 6A of GSTR 2
These tables record any typing errors/ clerical errors eg. incorrect SAC, invoice no. value, tax rate, POS etc.
Impact of price revisions Refer table 7 and 7A
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supply Remarks
XXX Good 1 2000
Adjustments:
Impact of amendments to details of inward supplies
Impact of price revisions
XXX Total Value Good 1 2000
YYY Service 1 2000
Adjustments:
Impact of amendments to details of inward supplies
Impact of price revisions
YYY Total Value Service 1 2000
Notes:
1. All inward supplies of exempted/ nil/ non-gst goods/ services and supplies from unregistered dealers are to be reported in this table
2. Entering HSN/SAC is only recommendatory and not mandatory for this table
Reconciliation Statement tax rate Things to be considered for reconciliation
Returns vis-ÃÆÂ -vis Financial Statements product wise
1. Sales
2. Purchases
Value of outward supplies as per returns 17(4) 20 3. ITC
Adjustments: 4. Monthly Output tax liability (Total)
A) Difference in value of supplies as per returns and financial statements on account of following reasons: 5. Net tax payable in Cash (Total)
17(4)(i): Consideration is n
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ed in the price actually paid or payable
17(2)(c) royalties and licence fees related to the supply of goods and/or services being
valuedthat the recipient ofsupply must pay, either directly or indirectly, as a condition of thesaid supply, to the extent that such royalties and fees are not included in the price actually paid or payable
17(2)(d) any taxes, duties, feesand charges levied under any Statute other than the SGST Act or the CGST Act or the IGST Act
17(2)(e) incidental expenses such as commission, packing, charged by the supplier to the recipient of a supply, including any amount charged for anything done by the supplier in respect of the supply of goods and/or servicesat the time of, or before delivery of the goods or, as the case may be, provision of the services
17(2)(f) subsidies provided in any form or manner, linked to the supply
17(2)(g) out of pocket expenses – to be included here
17(2)(h) any discount or incentive that may be allowed after the supply has be
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matched in current tax period
4 ITC Mismatched – Current Period
5 Mismatched ITC of earlier tax period- Added as Output tax liability
6 Output Tax added due to Duplicate ITC Claim
Report No.(i) – ITC Mismatch Report
As per Supplier As per Receiver ITC availed liable to be added as output tax
Sr No. Supplier's GSTIN Supplier's Name Invoice/debit note No. Invoice / debit date HSN/SAC Taxable value
(as per line item) Output Tax
(as per in GSTR 1/5) Invoice / debit date HSN/SAC Taxable value
(as per line item) Input Tax
(as per in GSTR 2/6)
IGST CGST SGST IGST CGST SGST IGST CGST SGST
Rate Amount Rate Amount Rate Amount Rate Amount Rate Amount Rate Amount
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Part A – Both supplier and recipient has filed valid relevant returns
Part B – Supplier has not filed valid return
Note –
1. Additional invoices added by recipient will remain under mismatch category till these a
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TC reduced
IGST CGST SGST IGST CGST SGST IGST CGST SGST
Rate Amount Rate Amount Rate Amount Rate Amount Rate Amount Rate Amount
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
1. Month wise reversal details
2. Reclaim of reversed ITC / reduction in output tax
3. Summary of mismatches and list for tax authorities
if not include in MIS reports
#. Difference between output tax reduced by supplier taxpayer and ITC reduced by receiver taxpayer
Form GST ITC-1B
Part A – Both supplier and recipient has filed valid relevant returns
Part B – Supplier has not filed valid return Supplier's GSTIN –
Name –
Tax Period –
Date –
Summary –
1 Output tax declared in current tax period GSTR
2 Output tax increased due to acceptance/rectification of mismatched invoices
3 ITC claimed by receivers in excess of output tax
Report No. (i) – Details of the Mismatches
As per Supplier As per Receiver ITC av
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ier in current tax period
2 Corresponding ITC reduced by receiver in current tax period
3 Mismatched reduction in output tax of earlier tax period matched in current tax period
4 Reduction in output tax not matched by corresponding decrease in ITC
5 Mismatched reduction in output tax of earlier tax period – Added as Output Tax liability in current tax period
Report No. (ii) – Details of the Mismatches due to credit notes
As per Supplier As per Receiver Output tax liable to be added
Sr No. Receiver's GSTIN Receiver's Name Credit note No. Credit Note Date HSN/SAC Value of Credit note Output Tax reduced Credit Note Date HSN/SAC Value ITC reduced
IGST CGST SGST IGST CGST SGST IGST CGST SGST
Rate Amount Rate Amount Rate Amount Rate Amount Rate Amount Rate Amount
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Reports may also be included on –
1. Month wise reversal details
2. Reclaim of reversed ITC / reducti
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lier Output tax liable to be imposed on Supplier
Sr No. E-commerce GSTIN Invoice No. Invoice Date. Place of Supply (State Code) HSN/SAC Taxable value
Supplies Declared
(as per in GSTR 9) Invoice No. Invoice Date. Place of Supply (State Code) HSN/SAC Taxable value
Supplies Declared
(as per in GSTR 1/5)
IGST CGST SGST IGST CGST SGST IGST CGST SGST
Rate Amount Rate Amount Rate Amount Rate Amount Rate Amount Rate Amount
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Report No. (iv)(b) – Mismatch report- Outward supplies made through e-commerce company (For Supplies to Other than Registered Dealers)
As per E-commerce Company As per Supplier Output tax liable to be imposed on Supplier
Sr No. E-commerce GSTIN E-commerce Company name Tax Period Place of Supply (State Code) Taxable value
Supplies Declared
(as per in GSTR 9) Tax Period Place of Supply (State Code) Taxable value
Supplies Declared
(as per in GSTR 1/5)
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t Rate Amount Rate Amount Rate Amount
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Report No. (ii) – Mismatch report- Outward supplies made through e-commerce company (For Supplies to Other than Registered Dealers)
As per E-commerce Company As per Supplier Output tax liable to be imposed on Supplier
Sr No. Supplier GSTIN Supplier name Tax Period Place of Supply (State Code) Taxable value
Supplies Declared
(as per in GSTR 9) Tax Period Place of Supply (State Code) Taxable value
Supplies Declared
(as per in GSTR 1/5)
IGST CGST SGST IGST CGST SGST IGST CGST SGST
Rate Amount Rate Amount Rate Amount Rate Amount Rate Amount Rate Amount
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Document 5
DRAFT
GOODS AND SERVICES TAX –
REFUND RULES, 20
Note: Corresponding changes in the Model GST Law are being carried out
separately. Comments, if any may kindly be given by 28th September,
2016.
Chapter-
REFUND
1
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developer, or
supplies regarded as deemed exports, the application shall be filed by the said unit or the
developer or the recipient of deemed export supplies.
(2)
The application under sub-rule (1) shall be accompanied by any of the following
documentary evidences, as applicable, to establish that a refund is due to the applicant:
(a) the reference number of the order and a copy of the order passed by the
proper officer or an appellate authority or any competent court resulting in such
refund including refund of pre-deposit under chapter XVIII along with the reference
number of the payment of the amount claimed as refund;
(b)
a statement containing the number and date of shipping bills or bills of export
and the number and date of relevant export invoices, in a case where the refund is
on account of export of goods;
(c)
a statement containing the number and date of invoices as prescribed in rule
Invoice. in case of supply of goods made to an SEZ unit or a developer;
(
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r
than the rate of output tax;
(h)
the reference number of the final assessment order and a copy of the said
order in a case where the refund arises on account of finalisation of provisional
assessment;
(i) a declaration to the effect that the incidence of tax and interest claimed as
refund has not been passed on to any other person, in a case where the amount of
refund claimed is less than five lakh rupees:
Provided that a declaration is not required to be furnished in respect of cases
covered under clause (a), (b) or (d) of sub-section (6) of section 38;
(j)
a Certificate in Annex 2 of FORM GST RFD-1 issued by a Chartered
Accountant or a Cost Accountant to the effect that the incidence of tax and interest
claimed as refund has not been passed on to any other person, in a case where the
amount of refund claimed is five lakh rupees or more:
Provided that a certificate is not required to be furnished in respect of cases covered
under clause (a), (b) or (d) of sub-sectio
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(B) “Net ITC” means input tax credit availed on inputs and input services during the
relevant period;
(C) “Export turnover of goods” means the value of goods exported during the relevant
period without payment of tax under bond or letter of undertaking;
(D) “Export turnover of services” means the value of services exported without payment of
tax under bond or letter of undertaking, calculated in the following manner, namely:-
Export turnover of services = payments received during the relevant period for export
services + export services whose supply has been completed for which payment had been
received in advance in any period prior to the relevant period – advances received for export
services for which the supply of service has not been completed during the relevant period;
(E) “Adjusted Total turnover” means the value of turnover in a State, as defined under sub-
section (104) of section 2, excluding the value of exempt supplies, during the relevant
period;
(F) “Rele
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e forwarded to the proper officer who shall, within fifteen days of filing of the said
application, scrutinize the application for its completeness and where the application is
found to be complete in terms of sub-rule (2), (3) and (4), an acknowledgement in FORM
GST RFD-2 shall be made available to the applicant through the Common Portal
electronically, clearly indicating the date of filing of the claim for refund.
(8)
Where any deficiencies are noticed, the proper officer shall communicate the
deficiencies to the applicant in FORM GST RFD-3 through the Common Portal
electronically, requiring him to file a refund application after rectification of such
deficiencies.
(9)
Where deficiencies have been communicated in FORM GST RFD-3 under the GST
Rules of the State, the same shall also deemed to have been communicated under this Rule
along with deficiencies communicated under sub-rule (8).
[CGST Rules]
(9) Where deficiencies have been communicated in FORM GST RFD-3 under th
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of and on being prima facie satisfied that the amount claimed as refund under sub-rule
(1) is due to the applicant in accordance with the provisions of sub-section (4A) of section
38, shall make an order in FORM GST RFD-4, sanctioning the amount of refund due to the
said applicant on a provisional basis within a period not exceeding seven days from the date
of acknowledgement under sub-rule (7) of rule 1.
(3) The proper officer shall issue a payment advice in FORM GST RFD-8, for the
amount sanctioned under sub-rule (2) to be electronically credited to any of the bank
accounts of the applicant mentioned in his registration particulars and as specified in the
application for refund.
3.
Order sanctioning refund
(1) Where, upon examination of the application, the proper officer is satisfied that a
refund under sub-section (4) of section 38 is due and payable to the applicant, he shall
make an order in FORM GST RFD-5, sanctioning the amount of refund to which the
applicant is
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e available to the
applicant electronically and the provision of sub-rule (1) shall apply mutatis mutandis to the
extent refund is allowed:
Provided that no application for refund shall be rejected without giving the applicant
a reasonable opportunity of being heard.
(3)
Where the proper officer is satisfied that the amount refundable under sub-rule (1)
or (2) is payable to the applicant under sub-section (6) of section 38, he shall make an
order in FORM GST RFD-5 and issue a payment advice in FORM GST RFD-8, for the
amount of refund to be electronically credited to any of the bank accounts of the applicant
mentioned in his registration particulars and as specified in the application for refund.
(4) Where the proper officer is satisfied that the amount refundable under sub-rule (1)
or (2) is not payable to the applicant under sub-section (6) of section 38, he shall make an
order in FORM GST RFD-5 and issue an advice in FORM GST RFD-8, for the amount of
refund to be credit
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iod of delay for which interest is payable and the
amount of interest payable, and such amount of interest shall be electronically credited to
any of the bank accounts of the applicant mentioned in his registration particulars and as
specified in the application for refund.
6.
Refund of tax to certain persons
(1) Any person eligible to claim refund of tax paid by him on his inward supplies as per a
notification issued under clause (d) of sub-section (6) of section 38 shall apply for refund in
FORM GST RFD-10 once in every quarter, electronically on the Common Portal either
directly or from a Facilitation Centre, notified by the Board or Commissioner along with a
statement of inward supplies of goods and/or services in FORM GSTR-11, prepared on the
basis of statement of outward supplies furnished by corresponding suppliers in Form GSTR-
1.
(2)
An acknowledgement for receipt of the application for claiming refund shall be issued
in FORM GST RFD-2.
(3) Refund of tax paid b
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GST RFD-07
8.
GST RFD-08
9.
GST RFD-09
10.
GST RFD-10
Content
Refund Application form
-Annexure 1 Details of Goods
-Annexure 2 Certificate by CA
Acknowledgement
Notice of Deficiency on Application for Refund
Provisional Refund Sanction Order
Refund Sanction/Rejection Order
Order for Complete adjustment of claimed Refund
Show cause notice for reject of refund application
Payment Advice
Order for Interest on delayed refunds
Refund application form for Embassy/International
Organizations
1. GSTIN:
2. Name:
3. Address:
4. Tax Period:
Government of India /State
Department of….
FORM-GST-RFD-01
[See rule]
Refund Application Form
From
To
à ®®à ¯Â
5.
Amount of Refund Claimed:
Tax Interest Penalty Fees Others Total
IGST
CGST
SGST
Total
6. Grounds of Refund Claim: (selected from the drop down)
a.
Excess balance in Cash ledger
b. Exports of goods / services
c. Supply of goods / services to SEZ/EOU
d. Assessment/provisional assessment/ Appeal/ Order No
e.
ITC accumulated due to inverted du
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1) A separate statement has to be filed under sub-rule (4) of rule 1 of draft Goods and Services Tax refund
rule.
Annexure-1 Statement containing the number and date of invoices under of GST Rules,
Tax Period:
Sr.
Details of Invoices
IGST
CGST
SGST
No.
No. Date UQC
Value
HSN/
Taxable Rate Amt Rate
Amt Rate Amt
Qty
Goods/
SAC
value
âËÅ Services
Certificate
Annexure-2
This is to certify that the refund amounting to INR >
(in word) claimed by M/s
(Applicant's Name) GSTIN- for the tax period , the incidence of tax and interest as claimed by the
applicant, has not been passed on to any other person. This certificate is based on the examination of the Books of
Accounts and other relevant particulars maintained by the applicant.
Signature of the Chartered Accountant/ Cost Accountant:
Name:
Membership Number:
Place:
Date:
This Declaration is not required to be furnished by applicants, who are claiming refund under sub-section<>of
section<> of the Act
Note: The certificate is to be filed by
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on of the Goods and Services
Tax Act, 20. The Department has examined your application and certain defects were observed from preliminary
scrutiny which are as under:
Sr No
1.
2.
Description( select the reason from the drop down of the Refund application)
Other{ any other reason other than the reason select from the 'reason master}
You are directed to file fresh refund application after the rectification of above deficiencies.
Date:
Place:
Signature (DSC):
Name of Proper Officer:
Designation:
Office Address:
Reference No:
ÃŽ¤ÃŽ¿
(GSTIN)
(Name)
(Address)
Government of India
Department of….
FORM-GST-RFD-04
[See Rule -]
Provisional Refund Order
Acknowledgement No. Dated.
…
Date:
Sir/Madam,
With reference to your refund application as, following refund is sanctioned to you:
Date:
Place:
Refund Calculation
i. Amount of Refund claimed
ii. Reduced by 20%
iii. Balance refund Sanctioned
Bank Details
i. Bank Account no as per application
ii. Bank Account Type
iii. Name of the Account hold
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above and further furnishing of information/ filing of
documents, refund calculation after adjustment of dues is as follows:
Refund Calculation
i.
Amount of Refund claim
ii.
Refund Sanctioned on Provisional Basis (Order
No….date)
iii.
Refund amount inadmissible >
iv.
Balance refund allowed (i-ii-iii)
V.
vi.
Refund reduced against outstanding demand (as per
order no.) under earlier law or under this law. Demand
Order No… date……
Net Amount of Refund Sanctioned
IGST
CGST
Bank Details
i.
Bank Account no as per application
ii.
Name of the Bank
iii.
Bank Account Type
iv.
Name of the Account holder
V.
Name and Address of the Bank/branch
vi.
IFSC
vii.
MICR
I hereby sanction an amount of INR
(…) of Section (…) of the Act. .
to M/s
having GSTIN
under sub-section
Date:
Place:
Signature (DSC):
Name:
Designation:
Office Address:
Reference No. :
ÃŽ¤ÃŽ¿
(GSTIN)
(Name)
(Address)
Acknowledgement No.
Sir/Madam,
Government of >
Department of….
FORM-GST-RFD-05
[See Rule ]
Refund Sanction/
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Order for Complete adjustment of claimed Refund
To
(GSTIN)
(Name)
(Address)
Acknowledgement No.
Sir/Madam,
Date:
Dated
….
With reference to your refund application as referred above and further furnishing of information/ filing of
documents against the amount of refund by you has been completely adjusted
Refund Calculation
i.
Amount of Refund claimed
ii.
Refund Sanctioned on Provisional Basis (Order
No…dated)
iii.
Refund
amount inadmissible
>
iv.
Refund admissible (i-ii-iii)
V.
Refund reduced against outstanding demand (as
per order no.) under earlier law or under this law. .
Demand Order No… date…..
vi.
Balance amount of refund
IGST
CGST
Nil
Nil
I hereby, order that the amount of admissible refund as shown above is completely adjusted against the
outstanding demand under this act / under the earlier law. This applicant stands disposed as per provisions under
sub-section (…) of Section (…) of the Act.
Date:
Place:
Signature (DSC):
Name:
Designation:
Office Address:
Referen
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e:
Signature (DSC):
Name:
Designation:
Office Address:
Reference No. :
ÃŽ¤ÃŽ¿
(GSTIN)
(Name)
(Address)
Government of India/State
Department of….
FORM-GST-RFD-07
[See Rule]
Show cause notice for reject of refund application
Date:
Application Reference No. (ARN).
Dated
…….
This is with reference to your Refund application referred above, filed under Section
of the Goods and Services
Tax Act, 20. On examination, following reasons for non-admissibility of refund application have been observed:
Sr
No
Description (select the reasons of inadmissibility of
refund from the drop down)
Other{ any other reason other than the reasons
mentioned in 'reason master}
Amount Inadmissible
You are hereby called upon to show cause as to why your refund claim should not be rejected for reasons stated
above. You are requested to submit your response within days, to the undersigned from the date of
Dated
……
With reference to the Refund Sanction Order as referred above, refund payment advice is he
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ddress)
Refund Sanction Order No.
Government of India
Department of….
FORM-GST-RFD-09
[See Rule]
Order for Interest on delayed Refunds
Date:
Dated …..
Sir/Madam,
With reference to the Refund Sanction Order as referred above, the interest calculation for delayed period is given as
follows:
Amount of Interest on Delayed payment of refund
Rate of Interest (%)
Particulars
Refund Amount
Period of Delay (Days/ Month)
Interest Amount
CGST
IGST
Date:
Place:
Signature (DSC):
Name:
Designation:
Office Address:
Reference No. :
Government of >
Department of….
FORM-GST-RFD-09
[See Rule]
Order for Interest on delayed Refunds
ÃŽ¤ÃŽ¿
(GSTIN)
(Name)
(Address)
Refund Sanction Order No.
Date:
Dated
….
Sir/Madam,
With reference to the Refund Sanction Order as referred above, the interest calculation for delayed period is given as
follows:
Amount of Interest on Delayed payment of refund
Rate of Interest (%)
Particulars
Refund Amount
Period of Delay (Days/ Month)
Interest Amount
SGST
Date:
Place
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CBEC Releases Draft Rules for GST Registration, Payment, and Invoice to Streamline Compliance Processes.
News
GST
CBEC releases Draft Rules and Formats – Draft GST Registration Rules, GST Pay
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Will anything and everything, done anywhere, for anybody, for business/no business, for money/without money will constitute supply under GST??
By: – Ranjan Mehta
Goods and Services Tax – GST
Dated:- 27-9-2016
In my previous article I tried to throw light on the concept of supply u/s 3 of Model GST Law . We discussed section 3 there and left the Schedule I & II, which contain further provisions in relation to Supply. We will discuss Schedule I here in this article. Although Schedule I contains only 5 clauses but it has created a havoc in the minds of Tax practitioners, who have gone through it. These provisions are Draconian and against the interest of General Public and will cause a lot of confusion in the mind of people as well as tax practitioners. These provisions are such that they can entitle any transaction to be covered under ambit of GST. We explain here how.
What happens in case where there is no consideration received or receivable against the Supply made?
S
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chedule I is reproduced below:-
1. Permanent transfer/disposal of business assets.
2. Temporary application of business assets to a private or non-business use.
3. Services put to a private or non-business use.
4. Assets retained after deregistration.
5. Supply of goods and / or services by a taxable person to another taxable or nontaxable person in the course or furtherance of business.
Provided that the supply of goods by a registered taxable person to a job-worker in terms of section 43A shall not be treated as supply of goods.
* Permanent transfer/disposal of business assets : Earlier also there were provisions in VAT Laws for such transfers and the dealers were liable to pay VAT on sale of such assets but earlier it was taxable only on the basis of transaction value. As per this clause even if there is no consideration is received but assets are permanently transferred out of business then they will be covered under GST and the value shall be taken as per Valuation ru
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ch. Due to these the authorities have got immense powers. They can question everybody about their private/non business services.
For Ex- A professional cook provided his services on a Sunday to some school for judging a Cooking competition without any consideration. Now the authorities can say that even since no business same is a services under this clause hence a supply under GST.
Assets retained after deregistration: At the event of deregistration total value of assets retained shall be deemed to be supply so that the Govt. can take back the credit allowed.
Supply of goods and / or services by a taxable person to another taxable or nontaxable person in the course or furtherance of business: This is the most vicious provision in this schedule. Every transaction which is not covered anywhere will be covered. It has following ingredients.
* No Consideration
* Supply by a taxable person
* To any other person (be it taxable or non taxable)
* In the course or furtherance of b
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are covered.
However supply of goods and/or services by a Job worker shall not be considered a supply under provisions of Sec 43A which will discuss later under another article.
Thus the answer to title question is YES, anything and everything, done anywhere, for anybody, for business/no business, for money/without money will constitute supply under GST.
Again, in my opinion, Schedule I contains such draconion provisions that their use may create huge problems in the tax compliances by the assessees and the Govt should look into these before passing the final law. Stay tuned for my next article to understand the Schedule II- Deemed supply transactions.
(CA Ranjan Mehta, Jain Shrimal & Co. Jaipur, +91-9672372075, ranjanmehta21@gmail.com)
Reply By Ganeshan Kalyani as =
The provision of GST has covered almost all possibility of taxing the assessee. Personal use or business use both. Some clarity is required. Business and personal should not be mixed upon. Tax should be on busin
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GST COUNCIL IN ACTION
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 27-9-2016
Consequent upon Constitution of GST Council (GSTC) in terms of article 279A of Constitution of India and Section 12 of 101st Constitutional Amendment Act, 2016 coming into force w.e.f. 12.09.2016, the first meeting of newly constituted GSTC was held on 22-23 September, 2016 under the Chairmanship of Union Finance Minister. The GSTC has acted proactively and fast on taking forward the initiatives to introduce GST in country as early as on 1st April 2017.
As it is, it appears that things are in place and major decisions concerning GST may be taken as anticipated to ensure that GST see the light of the day on 1st April 2017, barring
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remain with Centre, (at present 1.1 million service taxpayers) and new GST assessees with annual turnover up to ₹ 1.5 crore will be shared with state authorities after due training .
* Agreement to subsume all cesses into the new tax.
* Adopted a cross-empowerment model for tax administration under which tax administrators will use a formula to decide which assessee they will audit or register. The taxpayer will then have to interact with one authority only- either Central or State to avoid dual control.
* GSTC to work on a compensation law and compensation formula; Base year of compensation to states to be 2015-16.
* Only five per cent of the cases would be audited under the GST regime.
* The compounding tax threshold for
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CBEC releases Draft Rules and Formats – Draft GST Registration Rules, GST Payment Rules and GST Invoice Rules with formats
GST
Dated:- 26-9-2016
CBEC releases Draft Rules and Formats
Draft Registration Rules
Draft Registration formats
Draft Payment Rules
Draft Payment formats
Draft Invoice Rules
Draft Invoice formats
=============
Document 1
DRAFT
GOODS AND SERVICES TAX –
REGISTRATION RULES, 20
Note: Corresponding changes in the Model GST Law are being carried
out separately. Comments
September, 2016.
if any may kindly be given by 28th
Page 1 of 10
Chapter-
REGISTRATION
1.
(1)
Application for registration
Every person, other than a non-resident taxable person, a person required to
deduct tax at source under section 37 and a person required to collect tax at source
under section 43C, who is liable to be registered under sub-section (1) of section 19 and
every person seeking registration under sub-section (3) of section 19 (hereinafter
referred to in
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ing the reference number generated under sub-rule (3), the person referred to
in sub-rule (1) shall electronically submit an application in Part B of FORM GST REG-
01, duly signed, along with documents specified in the said Form, at the Common Portal
either directly or through a Facilitation Centre, notified by the Board or Commissioner.
(5) On receipt of an application under sub-rule (4), an acknowledgement shall be
issued electronically to the applicant in FORM GST REG-02.
(6) A person applying for registration as a casual taxable person shall be given a
temporary identification number by the Common Portal for making advance deposit of
tax under section 19A and the acknowledgement under sub-rule (5) shall be issued
electronically thereafter.
(7)
The person applying for registration under sub-rule (6) shall make an advance
deposit of tax in an amount equivalent to the estimated tax liability during the period for
which registration is sought, as specified in section 19A.
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pt of such intimation.
Explanation: The clarification includes modification or correction of particulars declared in
the application for registration, other than PAN, mobile number and e-mail address
declared in Part A of FORM GST REG-01.
(3) Where a clarification under sub-rule (2) of the GST Rules of the concerned State
has been sought prior to any clarification, information or document being sought under
sub-rule (2), the clarification, information or document furnished by the applicant shall
be forwarded to the proper officer under said Rules for appropriate action.
(CGST Rules)
(3) Where a clarification under sub-rule (2) of the CGST Rules has been sought prior
to any clarification being sought under the sub-rule (2), the information furnished by the
applicant shall be forwarded to the proper officer under the CGST Rules for appropriate
action.
(SGST Rules)
(4) Where the proper officer is satisfied with the clarification, information or
documents furnished by the ap
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n
FORM GST REG-06 for the principal place of business and for every additional place of
business shall be made available to the applicant on the Common Portal.
(2) The registration shall be effective from the date on which the person becomes
liable to registration where the application for registration has been submitted within
thirty days from such date.
(3) Where an application for registration has been submitted by the applicant after
thirty days from the date of his becoming liable to registration, the effective date of
Page 3 of 10
registration shall be the date of grant of registration under sub-rules (1), (4) or (6) of
rule 2.
4.
Separate Registrations for multiple business verticals within a State
(1) Any person having multiple business verticals within a State, requiring a separate
registration for any of its business verticals under sub-section (2) of section 19 shall be
granted separate registration in respect of each of the verticals subject to the following
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ertical.
(3)
The provisions of rule 1 and rule 2 relating to verification and grant of registration
shall mutatis mutandis apply to an application made under this rule.
5.
Grant of Registration to persons required to deduct tax at source or
collect tax at source
(1) Any person required to deduct tax under sub-section (1) of section 37 or a person
required to collect tax at source under section 43C shall electronically submit an
application, duly signed, in FORM GST REG-07 for grant of registration, through the
Common Portal either directly or through a Facilitation Centre, notified by the Board or
Commissioner.
(2)
The proper officer may grant registration after due verification and issue a
registration certificate in FORM GST REG-06 within three common working days from
the date of submission of application.
(3) Where, upon an enquiry or pursuant to any other proceeding, the proper officer is
satisfied that a person to whom a certificate of registration in FORM GST RE
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e Identity Number to the said person and
issue a certificate in FORM GST REG-06, within three common working days from the
date of submission of application.
7.
(1)
Display of registration certificate and GSTIN in name board
Every registered taxable person shall display his certificate of registration in a
prominent location at his principal place of business and at every additional place or
places of business.
(2)
Every registered taxable person shall display his GSTIN in the name board
exhibited at the entry of his principal place of business and at every additional place or
places of business.
8.
(1)
Grant of registration to non-resident taxable person
A non-resident taxable person shall electronically submit an application for
registration, duly signed, in FORM GST REG-10, at least five days prior to
commencement of the business at the Common Portal either directly or through a
Facilitation Centre, notified by the Board or Commissioner.
(2)
A person applying fo
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e person shall, within fifteen days of
such change, submit an application electronically, duly signed, in FORM GST REG-11,
Page 5 of 10
electronically, along with documents relating to such change at the Common Portal
either directly or through a Facilitation Centre, notified by the Board or Commissioner.
(2)
(3)
(a) Where the change relates to the Name of Business, Principal Place of
Business, and details of partners or directors, karta, Managing Committee, Board
of Trustees, Chief Executive Officer or equivalent, responsible for day to day
affairs of the business which does not warrant cancellation of registration under
section 21, the proper officer shall approve the amendment within fifteen
common working days from the date of receipt of application in FORM GST REG-
11 after due verification and on being satisfied about the need to make
amendment and issue an order in FORM GST REG-12 electronically and such
amendment shall take effect from the date of occurrence of t
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days from the date of receipt of the application in FORM GST REG-11,
require the registered taxable person to show cause, within seven common working days
of the service of the said Form GST REG-03, as to why the application submitted under
sub-rule (1) shall not be rejected.
(4) The taxable person seeking amendment shall file reply to the notice to show cause
issued under the sub-rule 3, in FORM GST REG-04 within seven days of the receipt of
the said notice.
(5)
Where a notice to show cause has already been issued by the proper officer under
the [SGST Rules of the State/CGST Rules] no notice shall be issued under sub-rule (3)
by the proper officer.
(6)
If the proper officer fails to take any action-
(a) within fifteen common working days from the date of submission of
application, or
(b) within seven days from the receipt of the clarification, information or
documents furnished by the applicant under sub-rule (3),
the certificate of registration shall stand amended to
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plied for thirty days after the date
of the issuance of order upholding the liability to register by the Appellate Authority.
(4) The provisions of rule 2 and rule 3 relating to verification and issue of certificate
of registration shall apply mutatis mutandis to an application submitted under sub-rule
(3).
(5)
The GSTIN assigned pursuant to verification under sub-rule (4) shall be effective
from the date of order of registration under sub-rule (1).
11.
(1)
Application for cancellation of registration
A registered taxable person seeking cancellation of his registration under sub-
section (1) of section 21 shall electronically submit an application in FORM GST REG-14
including the details of closing stock and liability thereon and may furnish, along with the
application, relevant documents in support thereof at the Common Portal either directly
or through a Facilitation Centre, notified by the Board or Commissioner:
Provided that no application for cancellation of regist
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istered or his
registration is liable to be cancelled under section 21, he may, by issue of an order in
Page 7 of 10
FORM GST REG-16, to be passed within thirty days from the date of application under
sub-rule (1) of rule 11 or, as the case may be, the date of reply to the show cause
issued under sub-rule (1), cancel the registration, with effect from a date to be
determined by him and notify the taxable person, directing him to pay arrears of any
tax, interest or penalty including the amount liable to be paid under sub-section (7) of
section 21.
(3) The provisions of sub-rule (1) shall apply mutatis mutandis to the legal heirs of a
deceased proprietor, as if the application had been submitted by the proprietor himself.
13. Revocation of cancellation of registration
(1) A taxable person, whose registration is cancelled by the proper officer on his own
motion, may submit an application for revocation of cancellation of registration, in FORM
GST REG-17, to such proper offic
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der
circumstances other than those specified in clause (a), by an order in FORM GST REG-
05, reject the application for revocation of cancellation of registration and communicate
the same to the applicant.
(3) The proper officer may require the applicant to furnish, within three common
working days of the filling of the application, such additional information or clarification
as, in his opinion, may be required for verifying the particulars furnished in the said
application, in FORM GST REG-03 and the applicant shall furnish the information or the
clarification within seven common working days from the date of the service of notice in
FORM GST REG-04.
(4) Upon receipt of the information or clarification in FORM GST REG-04, the proper
officer may proceed to dispose of the application in the manner specified in sub-rule (2)
within thirty days from the receipt of such information or clarification from the applicant:
Provided that the application shall not be rejected without
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in clause (a) shall be furnished within the period
specified in section 142 or within such further period as may be extended by the
Board or Commissioner in this behalf.
(c) If the information and the particulars furnished in the application are
found, by the proper officer, to be correct and complete, a certificate of
registration in FORM GST REG-06 shall be made available to the registered
taxable person electronically on the Common Portal.
(3) Where the particulars and/or information specified in sub-rule (2) have either not
been furnished or not found to be correct or complete, the proper officer shall cancel the
provisional registration granted under sub-rule (1) and issue an order in FORM GST
REG-22:
Provided that no provisional registration shall be cancelled as aforesaid without serving a
notice to show cause in FORM GST REG-23 and without affording the person concerned
a reasonable opportunity of being heard.
(4) Every person registered under any of the earlier l
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ally incapacitated from
attending to his affairs, by his guardian or by any other person competent to act on his
behalf;
Page 9 of 10
(b) in the case of a Hindu Undivided Family, by a Karta and where the Karta is absent
from India or is mentally incapacitated from attending to his affairs, by any other adult
member of such family or by the authorised signatory of such Karta;
(c) in the case of a company, by the chief executive officer or authorised signatory
thereof;
(d) in the case of a Government or any Governmental agency or local authority, by an
officer authorised in this behalf;
(e) in the case of a firm, by any partner thereof, not being a minor or authorised
signatory;
(f) in the case of any other association, by any member of the association or persons or
authorised signatory;
(g) in the case of a trust, by the trustee or any trustee or authorised signatory; and
(h) in the case of any other person, by some person competent to act on his behalf.
(2) All orders
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the proper officer is satisfied that the physical verification of the place of business
of a taxable person is required after grant of registration, he may get such verification
done and upload the verification report along with other documents, including
photographs, in Form GST REG-26 on the day following the date of such verification.
******
Page 10 of 10
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Document 3
DRAFT
GOODS AND SERVICES TAX –
PAYMENT RULES, 20-
Note: Corresponding changes in the Model GST Law are being carried out
separately. Comments, if any may kindly b
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bility by a registered
taxable person as per his return shall be made by debiting the electronic credit ledger
maintained as per rule 2 and/or, as the case may be, the electronic cash ledger maintained
as per rule 3 and the electronic tax liability register shall be credited accordingly.
(4)
The amount deducted under section 37, or the amount collected under section 43C,
or the amount payable under sub-section (3) of section 7, or the amount payable under
section 8, or any amount payable towards interest, penalty, fee or any other amount shall
be paid by debiting the electronic cash ledger maintained as per rule 3 and the electronic
tax liability register shall be credited accordingly.
(5)
Any amount of demand debited in the electronic tax liability register shall stand
reduced to the extent of relief given by the appellate authority and the electronic tax liability
register shall be credited accordingly.
(6)
The amount of penalty imposed shall stand reduced partly or fu
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dited to the electronic credit ledger by the
proper officer by an order made in FORM GST PMT-2A.
Explanation. For the purpose of this rule, a refund shall be deemed to be rejected, if the
appeal is finally rejected or if the claimant gives an undertaking in writing to the proper
officer that he shall not file an appeal.
3.
(1)
Electronic Cash Ledger
The electronic cash ledger under sub-section (1) of section 35 shall be maintained in
FORM GST PMT-3 for each registered taxable person on the Common Portal for crediting
the amount deposited and debiting the payment therefrom towards tax, interest, penalty,
fee or any other amount.
(2)
A registered taxable person, or any other person on his behalf, shall generate
a challan in FORM GST PMT-4 on the Common Portal and enter the details of the amount
to be deposited by him towards tax, interest, penalty, fees or any other amount.
(3) The deposit under sub-rule (2) shall be made through any of the following modes:
(i)
(ii)
In
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nts collected by way
of cash or cheque, demand draft during any investigation or enforcement activity or
any ad hoc deposit:
Provided further that the challan in FORM GST PMT-4 generated at the Common Portal
shall be valid for a period of fifteen days.
Page 3 of 5
Explanation. For making payment of any amount indicated in the challan, the commission,
if any, payable in respect of such payment shall be borne by the taxable person making
such payment.
(4) Any payment required to be made by a person who is not registered under the Act,
shall be made on the basis of a temporary identification number generated by the proper
officer through the Common Portal and the details of such payment shall be recorded in a
register in FORM GST PMT-5, to be maintained on the Common Portal.
(5)
Where the payment is made by way of NeFT or RTGS mode from any bank, the
mandate form shall be generated along with the challan and the same shall be submitted to
the bank from where the payment is
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amount deducted under section 37 or collected under section 43C and claimed in
FORM GSTR-2 by the registered taxable person from whom the said amount was deducted
or, as the case may be, collected shall be credited to his electronic cash ledger as per rule
Return.2.
(9) Where a taxable person has claimed refund of any amount from the electronic cash
ledger, the said amount shall be debited to the electronic cash ledger.
(10) If the refund so filed is rejected, either fully or partly, the amount debited under sub-
rule (9), to the extent of rejection, shall be credited to the electronic cash ledger by the
proper officer by an order made in FORM GST PMT-2A.
Explanation,- For the purpose of this rule, a refund shall be deemed to be rejected if the
appeal is finally rejected or if the claimant gives an undertaking in writing to the proper
officer that he shall not file an appeal.
4. Identification number for each transaction
(1) A unique identification number shall be generat
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ster of Taxpayer
(Part-II: Other than return related liabilities)
Electronic Credit Ledger
Order for re-credit of the amount to cash or credit ledger
Electronic Cash Ledger
Challan For Deposit of Goods and Services Tax
Payment Register of Temporary IDs / Un-registered Taxpayers
Application For Credit of Missing Payment (CIN not generated)
Government of India /State
Department of
Form GST PMT -1
(See Rule
)
Electronic Tax Liability Register of Taxpayer
(Part-I: Return related liabilities)
(To be maintained at the Common Portal)
GSTIN-
Name –
Tax Period –
Act – /All
Balance (Payable)
Тах Interest Penalty Fee Others Total
Sr
க2
Date
Reference
Descripti
Type of
SGST/CGST/IGST
No
(dd/mm/ No.
on
Transaction
Tax
Interest Penalty Fee Others
Total
yyyy)
[Debit (DR)
(Payable) /
Credit (CR)
(Paid)/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Note –
1. All liabilities accruing due to return and payments made against the liabilities will be recorded in this ledger.
2. Liabilities for
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)/
Reduction
(RD)/ Refund
claimed (RF)]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Note –
1. All liabilities, other than return, accruing will be recorded in the ledger.
2. All payments made out of cash or credit ledger against the liabilities would be recorded.
3. Reduction or enhancement in the amount payable due to decision of appeal, rectification, revision, review etc.
4. Negative balance can occur for a single Demand ID also if appeal is allowed/partly allowed. Overall closing balance can still be positive.
5. Refund of pre-deposit can be claimed for a particular demand ID if appeal is allowed in favour of taxpayer even though the overall balance
may still be positive.
6. The closing balance in this part shall not have any effect on filing of return.
7. Reduction in amount of penalty would be automatic based on payment made after SCN or within the time specified in Act.
Government of India/State
Department of
Form GST PMT -2
(See Rule
.)
Electronic Credit Ledger of Taxpayer
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re-credit of the amount to cash or credit ledger
Date –
1. GSTIN –
2. Name –
3. Address –
4. Tax Period to which the credit relates –
5. Ledger from which debit entry made for claiming refund – cash / credit ledger
6. Order no. and date –
7. Amount of credit –
Sr. No.
Act
Amount of credit
12 Tax Interest Penalty Fee Other Total
8. Reason for re-credit-
Government of India /State
Department of
Form GST PMT -3
Name and designation of the officer
(See Rule
-)
Electronic Cash Ledger of Taxpayer
(To be maintained at the Common Portal)
GSTIN
Name –
Period From
Act/All
To
(dd/mm/yyyy)
Balance
Interes
Penalt Fe Other
Tota
X
t
y
e
S
1
Sr.
Date
No
(dd/mm
Referenc
e No.
Tax
Descriptio
Type of
CGST/IGST/SGST
/yyyy)
Period, if
applicabl
n
n
e
Transactio
[Debit (DR)
Ta
Interes Penalt
Fe Other Tota Ta
X
t
e
S
1
1
2
3
4
5
Note –
/ Credit
(CR)]
6
7
8
9
10
11
12
13
14
15
16
17
18
1. Reference No. includes BRN (Bank Reference Number), debit entry no., order no., if any, Ack No. of return in case of TDS &
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a
Sub-
Total
State (Name)
SGST
Total Challan Amount
Total Amount in words
☠e-Payment
Mode of Payment (relevant Portion to become active when selected)
(This will include all modes of e-payment
such as CC/DC and net banking. Taxpayer
will choose one of this)
Over the Counter (OTC)
Bank (Where cash or instrument is
proposed to be deposited)
☠Cash
Details of Instrument
☠Cheque
☠Demand Draft
☠NEFT/RTGS
Remitting Bank
Name of the beneficiary account (Description' GST payment' To be auto-populated
to be auto Populated)
Name and Code of Beneficiary Bank (RBI and its code)
Beneficiary Account Number (RBI Account Number)
To be auto-populated
To be auto-populated
Note: Charges to be over and above the amount intend to be deposited.
Paid Challan Information
GSTIN
Taxpayer Name
Name of Bank
Amount
Bank Reference No. (BRN)/UTR
CIN
Payment Date
Bank Ack. No. (For Cheque/ DD
deposited at Bank's counter)
Note-UTR stands for Unique Transaction Number for NeFT/RTGS payment.
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horized signatory)
I hereby solemnly affirm and declare that the information given herein above is
true and correct to the best of my knowledge and belief.
Place
Date
Note –
Name of Authorized Signatory
Designation/Status…
1. The application is meant for the taxpayer where the amount intended to be paid is debited from the account but
CIN has not been conveyed by bank to Common Portal. Payment may have been made through any mode.
2. The application may be filed if CIN is not conveyed within 24 hours of debit.
3. Common Portal shall forward the complain to Bank concerned and intimate the aggrieved taxpayer.
Document 5
DRAFT
GOODS AND SERVICES TAX –
INVOICE RULES, 20
Note: Corresponding changes in the Model GST Law are being carried out
separately. Comments, if any may kindly be given by 28th September, 2016.
Page 1 of 6
1.
Tax invoice
Chapter-
TAX INVOICE, CREDIT AND DEBIT NOTES
(1) Subject to rule 5, a tax invoice referred to in section 23 shall be issued by the supplier
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in case of a supply in the course
of inter-State trade or commerce;
(n)
(o)
place of delivery where the same is different from the place of supply;
whether the tax is payable on reverse charge;
(p)
the word “Revised Invoice” or “Supplementary Invoice”, as the case may be,
indicated prominently, where applicable along with the date and invoice number of the
original invoice; and
(q) signature or digital signature of the supplier or his authorized representative.
Provided that the Board/Commissioner may, by notification, specify –
(i) the number of digits of HSN code for goods or, as the case may be, the
Accounting Code for services, that a class of taxable persons shall be required to
mention, for such period as may be specified in the said notification, and
(ii) the class of taxable persons that would not be required to mention the HSN
code for goods or, as the case may be, the Accounting Code for services, for such
period as may be specified in the said notification:
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is a banking company or a financial
institution including a non-banking financial company, the period within which the invoice is to
be issued shall be forty five days from the date of supply of service.
2.
(1)
Manner of Issuing Invoice
The invoice shall be prepared in triplicate, in case of supply of goods, in the following
manner:-
(a)
the original copy being marked as ORIGINAL FOR RECIPIENT;
(b)
the duplicate copy being marked as DUPLICATE FOR TRANSPORTER; and
(c) the triplicate copy being marked as TRIPLICATE FOR SUPPLIER.
Provided that the duplicate copy is not required to be carried by the transporter if the supplier
has obtained an Invoice Reference Number under sub-rule (4).
(2) The invoice shall be prepared in duplicate, in case of supply of services, in the
following manner:-
(3)
(a) the original copy being marked as ORIGINAL FOR RECEIPIENT; and
(b) the duplicate copy being marked as DUPLICATE FOR SUPPLIER.
The serial number of invoices issued during a ta
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on of goods or services;
value of goods or services taking into account discount or abatement, if any;
signature or digital signature of the supplier or his authorized representative:
Provided that the proviso to sub-rule (1) of rule 1 shall apply, mutatis mutandis, to the
bill of supply issued under this rule:
Provided further that the registered taxable person may not issue a bill of supply if the
value of the goods or services supplied is less than one hundred rupees except where the
recipient of the goods or services requires such bill:
Provided also that a consolidated bill of supply shall be prepared by the registered
taxable person at the close of each day in respect of all such supplies where the bill of supply
has not been issued in terms of the second proviso.
4.
(1)
Supplementary tax invoice and Credit or debit notes
A supplementary tax invoice under section 23 and a credit or debit note under section
24 shall contain the following details –
(a) name, address
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ies effected during the period starting from the
effective date of registration till the date of issuance of certificate of registration:
Provided that the registered taxable person may issue a consolidated revised tax
invoice in respect of all taxable supplies made to a recipient who is not registered under the
Act during such period:
Provided further that in case of inter-State supplies, where the value of a supply does
not exceed two hundred and fifty thousand rupees, a consolidated revised invoice may be
issued separately in respect of all recipients located in a State, who are not registered under
the Act.
5.
(1)
Tax Invoice in special cases
A tax invoice issued by an Input Service Distributor shall contain the following details:-
name, address and GSTIN of the Input Service Distributor;
(a)
(b)
a consecutive serial number containing only alphabets and/or numerals, unique
for a financial year;
(c)
(d)
date of its issue;
name, address and GSTIN of the supplier
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recipient of taxable service but containing
other information as prescribed under rule 1.
(3) Where the supplier of taxable service is a goods transport agency supplying services in
relation to transportation of goods by road in a goods carriage, the said supplier shall issue a
tax invoice or any other document in lieu thereof, by whatever name called, containing the
gross weight of the consignment, name of the consignor and the consignee, registration
number of goods carriage in which the goods are transported, details of goods transported,
details of place of origin and destination, GSTIN of the person liable for paying tax whether as
consignor, consignee or goods transport agency, and also contains other information as
prescribed under rule 1.
Page 5 of 6
(4)
Where the supplier of taxable service is supplying passenger transportation service, a
tax invoice shall include ticket in any form, by whatever name called, and whether or not
containing the address of the recip
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PRESENTATION PLAN – GOODS & SERVICES TAX (GST)
GST
Dated:- 26-9-2016
=============
Document 1
GOODS &
SERVICES TAX
(GST)
1
PRESENTATION PLAN
WHY GST: PERCEIVED BENEFITS
✰ EXISTING INDIRECT TAX STRUCTURE
â– FEATURES OF CONSTITUTION AMENDMENT BILL
* FEATURES OF PROPOSED GST MODEL
* FEATURES OF DRAFT GST LAW
✰ GSTN
* ROLE OF CBEC
✰ WAY FORWARD
2
WHY GST?
PERCEIVED
BENEFITS
3
WHY GST: PERCEIVED BENEFITS
To Trade
☠Reduction in multiplicity of
taxes
☠Mitigation of cascading/
double taxation
â–¡ More efficient
neutralization of taxes
especially for exports
☠Development of common
national market
â–¡ Simpler tax regime
â–ª
Fewer rates and
exemptions
Distinction between Goods
& Services no loner
required
* To Consumers
☠Simpler Tax system
☠Reduction in prices of
goods & services due
to elimination of
cascading of taxes
â–¡ Uniform prices
throughout the country
â–¡ Trans
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˜ Compensation for loss of revenue to States for five years on
recommendation of GSTC – Clause 19
☠GST defined as any tax on supply of goods or services or both
other than on alcohol for human consumption – Article 366
(12A)
â–¡ Goods includes all materials, commodities & articles – Article
366 (12)
☠Services means anything other than goods – Article 366 (26A)
â–¡ GST on petroleum crude, high speed diesel, motor spirit
(commonly known as petrol), natural gas & aviation turbine
fuel to be levied from a later date on recommendations of
GSTC
9
10
10
…FEATURES OF CAB…
* Key Features contd.
☠GSTC – Article 279A
To be constituted by the President within 60 days from the
coming into force of the Constitution Amendment
Consists of Union FM & Union MOS (Rev)
Consists of Ministers in charge of Finance / Taxation of
each State
Chairperson Union FM
–
Vice Chairperson
State Government
–
to be chosen amongst the Ministers of
Quorum is 50%
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current components
☠Central GST (CGST) levied & collected by Centre
State GST (SGST) levied & collected by States
CGST & SGST on intra-State supplies of goods / services
in India
13
☑
….GST – FEATURES….
IGST levied & collected by the Centre applicable to
Inter-State supplies of goods / services in India
Inter-state stock transfers of goods
Import of goods / services
Export of goods / services (if made on payment of GST under
claim of rebate)
✰ Export of goods / services – Zero rated
–
All goods or services likely to be covered under GST except:
Alcohol for human consumption – State Excise + VAT
Electricity – Electricity Duty
Sale / purchase of Real Estate – Stamp Duty + Property Taxes
–
Five specified petroleum Products – to be brought under GST
from a later date on recommendation of GSTC
Tobacco Products – under GST + Central Excise
–
14
Surcharge
& Cesses
Service
Tax
….GST – FEATURES….
Central
Excise
duty
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x Credit (ITC)
ITC
CGST
SGST
IGST
CGST IGST SGST IGST IGST CGST
SGST
17
FEATURES OF
DRAFT GST LAW
(MGL)
18
Ü€
Ü€
Ü€
FEATURES OF MGL…
â˜
â˜
Tax on supply of goods or services rather than manufacture /
production of goods, provision of services or sale of goods
Powers to declare certain supplies as supply of goods or of
services or of neither – Schedule II
On Intra-State supplies of goods and/ or services – CGST & SGST
shall be levied by the Central and State Government respectively,
at the rate to be prescribed
On Inter-State supplies of goods and/ or services – IGST shall be
levied by the Central Government, at the rate to be prescribed
Elaborate Rules provided for determining the place of supply
Intra-State supply of goods and/or services – where the location of
the supplier and the place of supply are in the same State
Inter-State supply of goods and/or services – where the location of
the supplier and the place of supply are in diffe
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ss
purposes)
Negative list approach for non-allowance of ITC
ITC of tax paid on goods and / or services used for making
taxable supplies by a taxable person allowed subject to four
conditions:
possession of invoice;
receipt of goods or services;
tax actually paid by supplier to government;
furnishing of return
Full ITC allowed on capital goods in one go
21
Ü€
Ü€
Ü€
Ü€
*
Ü€
Ü€
….FEATURES OF MGL….
Proportionate credits allowed in case inputs, inputs services
and capital goods are used for business and non-business
purposes
Proportionate credits allowed in case inputs, inputs services
and capital goods are used for taxable and non-taxable
supplies
ITC cannot be availed on invoices more than one year old
ITC available only on provisional basis for a period of two
months until payment of tax and filing of valid return by the
supplier
Matching of supplier's and recipient's invoice details
ITC to be confirmed only after matching of such inf
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suo-moto
cancellation by the tax authorities
Normal taxpayers, compositions taxpayers, Casual
taxpayers, non-resident taxpayers, TDS Deductors, Input
service Distributors (ISDs) to file separate electronic returns
with different cut-off dates
Annual return to be filed by 31st December of the following
Financial Year along with a reconciliation statement
Short-filed returns not to be treated as a valid return for
matching & allowing ITC and fund transfer between Centre
and States
24
….FEATURES OF MGL….
System of electronic cash ledger and electronic ITC ledger
Tax can be deposited by internet banking, NEFT / RTGS,
debit/credit card and Over The Counter
Date of credit to the Govt. account in the authorized bank is
the date of payment for credit in electronic cash ledger
Payment of Tax is made by way of the debit in the electronic
cash or credit ledger
Hierarchy for discharging payments of various tax liabilities
Provision for TDS on certain entities
E-Commerce
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.
â˜
Self-assessment of tax
Provisions for assessment of non-filers, unregistered persons &
summary assessments in certain cases
Provision made for provisional assessment on request of taxable
person to be finalized in six months
–
Audit can be conducted at the place of business of the taxable
person or at the office of the tax authorities, after prior intimation to
taxable person
Audit to be completed within 3 months, extendable by a further
period of 6 months
On conclusion of audit, the taxable person to be informed about
findings, his rights and obligations and reasons for the findings
Adjudication order to be issued within 3/5 years of filing of annual
return in normal cases & fraud / suppression cases respectively
27
Ü€
…FEATURES OF MGL
No separate time lines for issue of SCN and adjudication order
Taxable person can settle at any stage, right from audit/investigation to
the stage of passing of adjudication order and even thereafter
Officers to have
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xes
Role in Policy making: Drafting of GST Law, Rules &
Procedures – CGST & IGST Law
Assessment, Audit, Anti-evasion & enforcement under
CGST & IGST Law
Levy & collection of Central Excise duty on products
outside GST – Petroleum Products & Tobacco
Levy & collection of Customs duties
* Evolving a joint Dispute resolution mechanism
* Developing linkages of CBEC-GST System with GSTN
â– Training of officials of both Centre & States
32
WAY FORWARD
33
WAY FORWARD….
* Constitution (101st) Amendment Act already notified on
Ü€
Ü€
*
*
08.09.2016
GST Council already notified wef 12.09.2016
Recommendation of Model GST laws by GST Council
Cabinet Approval for the CGST and IGST laws by Centre
and for SGST laws by all states
Passage of CGST and IGST laws by Parliament and
passage of SGST laws by all State legislatures
Notification of GST Rules
Establishment of IT framework
34
….WAY FORWARD
* Meeting implementation challenges
* Effective coordination bet
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Impact of GST on manufacturing and trading process
By: – Atul Rathod
Goods and Services Tax – GST
Dated:- 24-9-2016
Background:-
As we all know Model law of GST has come in public domain and bill has been passed in Rajya Sabha and expected to get effective from 01.04.2017. The purpose of this article is to give overview on impact of GST on manufacture and Trader due to change in Indirect tax structure.
Positive Impact on Manufacture
* One Tax: In Present structure of GST, there is various kind of taxes such as excise duty, Service tax, VAT, Entry tax, Central Sales Tax etc. But in GST Regime there is only one tax i.e GST however, there will be three parts such CGST, SGST, IGST. This is measure relief for the manufacturer.
* Rate of tax: In current tax regime the consumer pays approximately 25-26% more than the cost of production due to excise duty (at 12.5%) and value added tax (almost 14.5%) though there hasn't been any indication of a GST rate, but experts sugge
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* Minimization of Classification issues: In current regime of tax there are numerous issues on classification of goods due to separate rates on different goods and exemptions on certain goods. But in regime of GST there shall be minimization of classification issues due to uniform rate and less expected exemptions.
* Speedy Movement of Goods: In GST Regime of tax structure there will be minimization of trade barriers, such as filing of way bills/entry permits, Compliance under Entry tax will be abolished. There is much compliance in current regime on interstate movements or locally such as way bills, statutory forms etc which lead to slow movements of goods Where as this concept is going to be abolished though check points will still be eligible.
* CENVAT Credit: In Regime of Present tax, the manufacturer is unable to utilize the credit of Central Sales tax and VAT provided output is charged under Composition Scheme, which becomes the Cost for him. But In Regime of GST, A Manufact
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urers are facing many difficulties in handling the assessments done by the Separate authorities for VAT, Service Tax, Central Excise, CST, etc. In GST Regime it is expected that assessment will be done by State authorities for SGST, Central Authorities for CGST, and Interstate authorities for IGST.
* Electronic Mode for Forms: In current Regime of tax there is very much manual filing of documents such as initial declaration, Numbering of Invoices etc. But in GST Regime there will be less manual filing of documents and more through electronic mode. Further, the communication with department also could be through electronic mode.
* Compliance:-In GST Regime huge Compliance would be there however, it could be negative impact as well as positive.
Negative Impact
* Time of Supply: In Current Regime of tax the time of duty on manufacture attracts at the time of removal where as in GST Regime it will earliest of the four such as (Date of Issue of Invoice, Date of Payment, Date of Remov
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the cost. Each industry requires the Petroleum Product such as Fertilizer Industry, Power Sector, Logistic Sector etc.
* Introduction of Reverse Charge on Goods: In Current Regime Of tax structure there was reverse charge on specified services but in case of GST even the reverse charge will be applicable on goods.
* Post supply Discount: If the Discount has to be given post supply than it must be known to both the parties at the time of supply or pre-supply and the proof of being known is the clause of discount must be there either in contract or agreement or offer etc.
* Matching Concept of Returns: In Current if the tax has been made the purchaser to supplier then he is eligible to take the Credit it is immaterial whether the same has been credited to Central Government by the Supplier or not. But in GST Regime, the matching concept if Tax Credit will be there, if Credits pertaining to Supplier does not match with Purchaser than it will not be accepted in return unless it is r
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gh this dispute still may arise from view of Time/place of Supply from good or time/place of supply of services as both are separately given. However, net impact is neutral, on either of them needs to pay GST.
* Composition levy Increased: In Current Regime of taxation the limit under Composition Scheme is ₹ 40 lakhs where as under GST it is increased upto ₹ 50 Lakhs. It is beneficial as ₹ 10 lakhs in turnover is a big thing from trader point of view. But currently it is 1% but in GST Regime it will be minimum of 1%, it could be more than that.
* Credit of Excise Duty and Service tax: In Current Regime of taxation then a trader is not eligible to take Credit of input service as well as the Excise duty. However, In GST Regime he will be eligible to take all credits and it will make positive impact on trader.
* No Margin to Disclose: Currently a trader who wants to pass on the CENVAT Credit of excise duty needs to obtain dealer registration and have to disclose th
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le on being made available “Form F” where as in Current Regime stock transfer made taxable. Due to this Warehouse decision to be taken more appropriately.
* No Form “C”: In Current Regime of tax, on being made available the Form C, CST rates charged at the rate of 2% instead of 14.5% which is local tax rate, however in GST Regime interstate will be taxed at standard rate i.e IGST.
* Goods sent to job work are taxable: In Current GST Regime of tax, the goods sent for job work are not liable to CST on being made available of Form “H” whereas in Current GST Regime it became taxable.
* Compliances: Instead of 12 Returns A Trader needs to file 37 returns in year and much more compliances which is similar to manufacturer as explained supera.
The author can also be reached at atuljain1926@gmail.com
Reply By Ganeshan Kalyani as =
The assessment part seems to be going to be difficult. The returns shall be filed in form GSTR 1, GSTR2 and so on. The return would have transaction of both
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nsferred to “GST electronic credit ledger account” of the taxpayer. If any amount is not claimed in the last return then it can't be claimed under GST regime. But In present law many credit not appeared in the returns, like in case of litigation, many assesses paid duty/service tax “under protest” Amount paid against conditional stay, Pri-Deposit at filling commissioner appeal as well as tribunal appeals, also in case of disputed service, assesses take credit and revert the duty/service tax “under protest” in the sane month to minimize litigation & Interest liability.
How above type credit/balance we have carried forward in records & last returns before
implementation of GST Law?? We have take credit in current law.
Please Guide in both queries.
Dated: 26-9-2016
Reply By atul rathod as =
Ganeshan Kalyani: Dear Sir,
No Provision regardig Scrutiny of Return is given in Model GST Law. In my Article i have mentioned about assessment which will be done by one authority up to certa
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