Amendment of article 286

Amendment of article 286
Clause 13
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 286
13. In article 286 of the Constitution,-
(i) in clause (1),-
(A) for the words "the sale or purchase of goods where such sale or purchase takes place", the words "the supply of goods or of services or both, where such supply takes place" shall be substituted;
(B)

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Insertion of new article 279A- Goods and Services Tax Council.

Insertion of new article 279A- Goods and Services Tax Council.
Clause 12
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Insertion of new article 279A.
12. After article 279 of the Constitution, the following article shall be inserted, namely:-
Goods and Services Tax Council.
''279A. (1)The President shall, within sixty days from the date of commencement of the Constitution (One Hundred and Twenty-second Amendment) Act, 2014, by order, constitute a Council to be called the Goods and Services Tax Council.
(2) The Goods and Services Tax Council shall consist of the following members, namely:-
(a) the Union Finance Minister……….

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ods and services that may be subjected to, or exempted from the goods and services tax;
(c) model Goods and Services Tax Laws, principles of levy, apportionment of Integrated Goods and Services Tax and the principles that govern the place of supply;
(d) the threshold limit of turnover below which goods and services may be exempted from goods and services tax;
(e) the rates including floor rates with bands of goods and services tax;
(f) any special rate or rates for a specified period, to raise additional resources during any natural calamity or disaster;
(g) special provision with respect to the States of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttar

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x Council shall determine the procedure in the performance of its functions.
(9) Every decision of the Goods and Services Tax Council shall be taken at a meeting, by a majority of not less than three-fourths of the weighted votes of the members present and voting, in accordance with the following principles, namely:-
(a) the vote of the Central Government shall have a weightage of one-third of the total votes cast, and
(b) the votes of all the State Governments taken together shall have a weightage of two-thirds of the total votes cast, in that meeting.
(10) No act or proceedings of the Goods and Services Tax Council shall be invalid merely by reason of-
(a) any vacancy in, or any defect in, the constitution of the Council; or
(b)

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Amendment of article 271.

Amendment of article 271.
Clause 11
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 271.
11. In article 271 of the Constitution, after the words ''in those articles'', the words, figures and letter ''except the goods and services tax under article 246A,'' shall be inserted.

Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Taxati

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Amendment of article 270.

Amendment of article 270.
Clause 10
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 270.
10. In article 270 of the Contitution,-
(i) in clause (1), for the words, figures and letter "articles 268, 268A and 269", the words, figures and letter "articles 268, 269 and 269A" shall be substituted;
(ii) after clause (1), the following clause shall be inser

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Insertion of new article 269A- Levy and collection of goods and services tax in course of inter-State trade or commerce.

Insertion of new article 269A- Levy and collection of goods and services tax in course of inter-State trade or commerce.
Clause 9
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Insertion of new article 269A.
9. After article 269 of the Constitution, the following article shall be inserted, namely:-
Levy and collection of goods and services tax in course of inter-State trade or commerce.
'

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Amendment of article 269.

Amendment of article 269.
Clause 8
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 269.
8. In article 269 of the Constitution, in clause (1), after the words "consignment of goods", the words, figures and letter "except as provided in article 269A" shall be inserted.

Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regula

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Omission of article 268A.

Omission of article 268A.
Clause 7
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Omission of

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Amendment of article 268.

Amendment of article 268.
Clause 6
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of

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Amendment of article 250.

Amendment of article 250.
Clause 5
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 250.
5. In article 250 of the Constitution, in clause (1), after the words "with respect to", the words, figures and letter "goods and services tax provided under article 246A or" shall be inserted.

Statute, statutory provisions legislation, law, enactment, Acts,

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Amendment of article 249.

Amendment of article 249.
Clause 4
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 249.
4. In article 249 of the Constitution, in clause (1), after the words "with respect to", the words, figures and letter"goods and services tax provided under article 246A or" shall be inserted.

Statute, statutory provisions legislation, law, enactment, Acts,

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Amendment of article 248.

Amendment of article 248.
Clause 3
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 248.
3. In article 248 of the Constitution, in clause (1), for the word "Parliament", the words, figures and letter "Subject to article 246A, Parliament" shall be substituted.

Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Ta

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Insertion of new article 246A- Special provision with respect to goods and services tax.

Insertion of new article 246A- Special provision with respect to goods and services tax.
Clause 2
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Insertion of new article 246A.
2. After article 246 of the Constitution, the following article shall be inserted, namely:-
Special provision with respect to goods and services tax.
"246A. (1) Notwithstanding anything contained in articles 24

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Short title and commencement

Short title and commencement
Clause 1
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
THE CONSTITUTION (ONE HUNDRED AND TWENTY SECOND AMENDMENT) Bill, 2014
A
BILL
further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called the Constitution (One Hundredth

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Goods and Service Tax on Alcohol and Products, Tobacco Etc

Goods and Service Tax on Alcohol and Products, Tobacco Etc
GST
Dated:- 4-12-2015

The Government proposes to impose Goods and Service Tax (GST) on alcohol products except alcoholic liquor for human consumption. It is proposed in Constitution (122nd Amendment) Bill, 2014 that tobacco will be subjected to GST along with the Central Excise Duty. However, the rate of duty to be charged on this product will be decided by the GST Council as proposed in the Article 279A of the Constitution

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Cooperation amongst countries and sharing of information is the key to unearth illicit money stashed in safe havens: Jayant Sinha, MOS(Finance)

Cooperation amongst countries and sharing of information is the key to unearth illicit money stashed in safe havens: Jayant Sinha, MOS(Finance)
News and Press Release
Dated:- 3-12-2015

Shri Jayant Sinha, Minister of State for Finance inaugurated the 6th Meeting of the AEOI Group of the Global Forum on Transparency and Exchange of Information for Tax Purposes here today.
In his Keynote Address, Shri Sinha emphasised that cooperation amongst countries and sharing of information is the key to unearth illicit money stashed in safe havens. He lauded the work done by the Global Forum and the AEOI Group in fostering a climate of increased cooperation amongst tax jurisdictions, which he said has resulted in dramatic improvements in t

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Refund under GST

Refund under GST
By: – Subhash Modi
Goods and Services Tax – GST
Dated:- 25-11-2015

Mr. Pradeep Jain has written a very informative article titled: PROPOSED REFUND PROCESS UNDER GST – HAPPINESS ON THE WAY TO EXPORTERS. In continuation I wish to add my comments on the issue of refund under GST as follows:
However in the proposed GST legislation there is post refund condition that the value of the exported goods ought to be realised in free foreign exchange within the initial or extended time limit prescribed under FEMA,1999 which at present is condition only under the proviso to Section 75 of the Customs Act, 1962 read with the Rule 16A of the Customs, Excise Duties and Service Tax Drawback Rules, 1995 (effective 06-12-1995) qua the customs portion of the drawback and the Foreign Trade Policy qua the relief of input customs duties exemption for manufacture and export of the resultant product. Failure to realise the export value in foreign exchange entails (under the Dra

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ods vide Rule 19(2)/CEX Rules, 2002 read with Notification 43/2001-CE(NT) or 44/2001-CE(NT).
d) State VAT or CST saved for purchase of goods ultimately exported under CST form 'H'
e) Input and final goods duties reliefs or exemptions availed by 100% EOUs, STPI and similar export oriented dispensations.
f) Refund of accumulated credit under Rule 5 of the CCR, 2004.
In other words such export related reliefs were never and are not still subject to recovery if the value of the relevant export goods is not realised in foreign exchange.
Even in case of FEMA, Drawback Rules and the FTP it is provided that though failure to realise payment for export goods in foreign exchange will invite penalisation (under FEMA) or recoveries of drawback granted or duty exemption availed under the FTP such penalisation or recoveries will be waived if evidence is submitted that the credit insurance company (e.g. ECGC) have settled in India a claim against the non-realisation to the Indian exporter in Ind

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wed refund or allowed to be retained for payment of SGST and CGST or IGST on any further domestic sale.
The exported goods will be taxed in the country to which the export has taken place and goods are retained or consumed in that country.
Can such goods be taxed again in India extra-territorially by way of recovery of the last point GST refund that was allowed on the occasion of export? Recovery will amount to taxing the goods again as if the goods are still in India and not exported. Goods can be taxed only if the goods are existing and available in India and not when existing and available or already consumed outside India.
In the domestic front there is no condition that if the seller in India fails to realise his GST paid goods value from the buyer of his goods in India then he should refund the amount of GST that was paid or the purchaser should refund the amount of credit of GST that he had taken.
If the GST is say around 22% then the exporter not only looses the value of go

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PROPOSED REFUND PROCESS UNDER GST – HAPPINESS ON THE WAY TO EXPORTERS

PROPOSED REFUND PROCESS UNDER GST – HAPPINESS ON THE WAY TO EXPORTERS
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 17-11-2015

Introduction
Goods and Services Tax (GST) is said to be the most awaited indirect tax reform of India since independence. Due to much hyped advantages, the industry is eager to welcome GST and so is the Government. On the way forward to GST, government has issued the 'Report of The Joint Committee on Business Processes for GST' for the persual of industry at large. Suggestions have also been invited for the improvement of business processes discussed in this report. The report is divided into three parts namely GST Registration, GST payment process and GST refund process. In this piece of diction, we have tried to give an insight of the third part of this report namely “GST Refund process”.
Refund mechanism under GST: simplified and tech-based:-
The report says that GST law shall provide for the cases in which refund claim can be

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n not on account of any other liability. Further, the excess payment should not be due to difference in opinion, i.e. difference should not be on account of interpretation of a notification. In this situation, it has been proposed that the return may also be treated as refund application if the GST law so provides. At present, under service tax law, excess payment of service tax, if any, has to be intimated to superintendent as well as reflected in the ST-3 return; if the same is intended to be carried forward. There have been cases where show cause notices have been issued for disallowing the carry forward of excess paid service tax as no intimation was filed within prescribed time and/or it was not reflected in the ST-3 return. The proposed provision under GST law will eliminate the unnecessary litigation on account of technical lapses like this.
Refund claim related to export goods: simple & integrated:-
The most commonly known refund claim is that filed by the exporters, whether

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e verified with those available at ICEGATE. Thus, there would be no need of submitting the same manually.
* The refund application will be submitted online within the time prescribed under GST law which is proposed as one year from relevant date. Definition of relevant date is to be prescribed by GST law.
* Mate's receipt and bill of lading are the crucial documents evidencing the factum of export. Thus, the scanned copies of mate's receipt and bill of lading will be submitted alongwith the refund application.
* Bank realization certificate (BRC) may not be available at the time of filing the refund application; thus, the same shall be submitted subsequently to GSTN.
* There will be inbuilt feature in the GSTN to track those export invoices in respect of which BRC has not been submitted within due time. This feature will send alert to respective officer for taking the appropriate action.
* The time limit for granting refund has been fixed as three months from the date of fili

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limit to grant refund as three months from the date of filing the application. This time limit exists now also. However, it is also the fact on record that departmental officers are habitual of granting the refund after expiry of this time period. No doubt refund is allowed alongwith interest, but it is a cost to government. It is also a point to be noted that the report states that it was advised that 90% of the refund should be granted as soon as the export was done and remaining 10% should be granted after scrutinizing all the documents related to it. However, this suggestion has not been accepted and the time limit of three months has been fixed. Under GST era, the refund mechanism could have been drafted like it is allowed in case of drawback. Once the export is done, the drawback is allowed in the bank account of the exporter, there is no need of filing the application separately. This procedure should have been imported by GST also as it is easy and hassle free. Also, since ever

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on export goods is filed.
Out of the above three, option to procure duty free inputs has been proposed to be done away with in GST regime. It is worth mentioning here that under this option, a no. of procedural formalities are to be followed like filing of requisite bond with excise officer, issue of procurement certificate, maintaining records of debit and credit in the bond, giving proof that the material so procured at NIL rate of duty has been utilized for the intended purpose, etc. Thus, this is the option which involves a no. of procedural formalities both at exporter's end as well as at the end of department.
The report states that this option will not be available under GST regime. Thus, the supplier of goods will be required to pay the GST on the inputs so procured and in no case duty free inputs shall be allowed. Thus, the no. of formalities which are required to be fulfilled under present situation will not be there in the GST era and the exporters will be left with only t

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ribunals have allowed the refund claims so filed in respect of deemed exports on the grounds that deemed exports are to be treated at par with the real exports for the purpose of rule 5 of the Cenvat Credit Rules, 2004. Some of such decisions allowing the refund claim in respect of deemed exports are cited as follows:-
* COMMISSIONER OF C. EX., SURAT VERSUS SHILPA COPPER WIRE INDUSTRIES [2008 (2) TMI 93 – CESTAT AHMEDABAD]; as affirmed by Gujarat High Court in the citation as COMMR. OF CENTRAL EXCISE Versus SHILPA COPPER WIRE INDUSTRIES [2010 (2) TMI 711 – GUJARAT HIGH COURT]
* NBM INDUSTRIES VERSUS COMMISSIONER OF CENTRAL EXCISE, RAJKOT [2009 (3) TMI 535 – CESTAT, AHMEDABAD] as affirmed by Gujarat High Court having citation as COMMISSIONER – CENTRAL EXCISE AND CUSTOMS Versus NBM INDUSTRIES [2011 (9) TMI 360 – GUJARAT HIGH COURT]
* COMMISSIONER OF C. EX., AHMEDABAD VERSUS RANGDHARA POLYMERS [2010 (1) TMI 637 – CESTAT, AHMEDABAD] as affirmed by High court under citation Commission

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deemed exports, a simple application will be required to file alongwith certificate from chartered accountant certifying that the burden of GST has not been passed. GST law may also provide a threshold below which no such certificate shall be required and self certification would be sufficient for claiming the refund.
Thus, providing the specific provision in case of deemed exports will put a full stop on the litigation ongoing in current scenario.
Tax refund for international tourists: new scheme proposed in GST regime:-
Tax refund for international tourists scheme provide an opportunity to foreign tourists to buy goods manufactured during their stay in any country and claim the refund of tax suffered by such goods at the time of their exit from that country. About 52 countries are following this practice to encourage the sale of their goods to foreign tourists who visit their country and buy goods manufactured there. In India, this scheme will be implemented through retailers who

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with due care and diligence; truly meeting the needs of exporters and other tax payers too.
Reply By Subhash Modi as =
However in the proposed GST legislation there is post refund condition that the value of the exported goods ought to be realised in free foreign exchange within the initial or extended time limit prescribed under FEMA, 1999 which at present is condition only under the proviso to Section 75 of the Customs Act, 1962 read with the Rule 16A of the Customs, Excise Duties and Service Tax Drawback Rules, 1995 qua the customs portion of the drawback and the Foreign Trade Policy qua the the relief of input customs duties exemption for manufacture and export of the resultant product. Failure to realise the export value in foreign exchange entails (under the Drawback Rules or the FTP) recovery of the customs portion of the Drawback availed and paid or the import inputs custom duties that were saved even if the export has been consummated.
There is no such condition in respec

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Returns under GST Regime

Returns under GST Regime
By: – CA Madhav Kalani
Goods and Services Tax – GST
Dated:- 10-11-2015

Proposed GST Returns – Salient Features
The Joint Committee constituted in consultation with Government of India, for looking into Business Processes for Goods and Service Tax (GST) has submitted its Report on GST Return. The salient features proposed in relation to GST Return are as follows:
1. There will be common E-Return for CGST, SGST, IGST and Additional Tax.
2. Every registered person is required to file a return for the prescribed tax period. Return needs to be filed even if there is no business activity (i.e. Nil Return) during the said tax period of return.
The exception to this will be UN agencies etc. which shall be required to file return only for the month during which they make purchases rather than regular returns.
Also government entities/PSU's etc. not dealing in GST supplies or persons exclusively dealing in exempted / Nil rated / non -GST goods or ser

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R 5
Periodic return by Non-Resident Foreign Taxpayer
Within 7 days after the date of expiry of registration
GSTR 6
Return for Input Service Distributor (ISD)
15th of the next month
GSTR 7
Return for Tax Deducted at Source
10th of the next month
GSTR 8
Annual Return
By 31st December of next FY
ITC Ledger / Cash Ledger / Tax Ledger
(These are running electronic ledgers maintained on the dashboard of taxpayer by GSTN)
Continuous
*
Normal / Regular taxpayers with multiple registrations (for business verticals) within a State would have to file GSTR-1, GSTR-2 and GSTR-3 for each of the registrations separately.
4. Monthly Returns –
4.1 Major Components of GSTR 1 –
*
Final invoice-level supply information pertaining to the tax period separately for goods and services:
*
For all B2B supplies (whether inter-state or intra-state), invoice level specified details will be uploaded.
*
For all inter-state B2C supplies (including to non-registered Government entities,

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separate table for effecting modifications/correcting errors in the returns submitted earlier.
4.2 Major Components of GSTR 2 –
*
Final invoice-level inward supply information pertaining to the tax period for goods and services separately
*
The information submitted in GSTR-1 by the Counterparty Supplier of the taxpayer will be auto populated in the concerned tables of GSTR-2. It may be modified i.e. added or deleted by the Taxpayer while filing the GSTR-2. The recipient would be permitted to add invoices (not uploaded by the counterparty supplier) if he is in possession of invoices and have received the goods or services.
*
Auto Population in GSTR-2 from GSTR-1 will be done on or after 11th of the succeeding month. Addition or Deletion of the invoice by the taxpayer will be permitted between 12th and 15th of the succeeding month.
4.3 Major Components of GSTR 3 –
*
Turnover Details including Gross Turnover, Export Turnover, Exempted Domestic Turnover, Nil Rated Domes

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ill be filed by all normal/regular taxpayers. It would provide a reconciliation of the returns with the audited financial statements of the taxpayer.
*
This return is to be submitted along with the audited copies of the Annual Accounts of the dealer and would be filed by 31st December following the end of the financial year for which it is filed. A separate reconciliation statement, duly certified by a Chartered Accountant, will have to be filed by those taxpayers who are required to get their accounts audited under section 44AB of Income Tax Act 1961. Currently this limit is ₹ 1 Crore.
6. Invoice Level information to be captured in the return has been specified. For example in case of invoices pertaining to B2B transactions (for both supply and purchase) GSTIN, Invoice number, date, value, HSN Code, Taxable value, tax rate, tax amounts, place of supply (state), etc. needs to be filled.
7. Revision of Returns –
There would be no revision of returns. All unreported invoices

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PROPOSED PAYMENT PROCESS UNDER GST – NEW & IMPROVED

PROPOSED PAYMENT PROCESS UNDER GST – NEW & IMPROVED
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 7-11-2015

Introduction-
'Report of The Joint Committee on Business Processes for GST' has already been circulated and views have been sought from people at large for suggesting improvements thereupon. This report is divided into three parts namely GST Registration, GST payment process and GST refund process. In this article, some benefits of the proposed payment process under GST regime have been discussed alongwith some minor drawbacks of the proposal.
Proposed payment process: Merits over existing system:-
The report of the Joint Committee on the payment process has discussed in detail about the mechanism to be followed in respect of affecting the flow of funds in GST era. Some of the merits of proposed system of payment are discussed as below:-
* Under present system, manual filing of challan is also accepted, thus, the chances of errors are more. In the

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ormation and very few parties involved in the transaction, there would be nominal errors, therefore, reconciliation process will be easy.
* E-scroll facility will be provided by RBI which will make the accounting, reconciliation and other ancillary activities easy and effective.
* The two coloured challan is the special feature of GST payment process. Since only one challan shall be required to pay the taxes namely CGST, IGST, SGST, etc.; two colours have been assigned to the challan for easy demarcation.
Proposed payment process: Discussions and Downsides thereof:-
The proposed payment system in the report indicates some minor demerits which are discussed as follows:-
* The Report indicates that that the GST regime will accept only payment of tax only via electronically generated challan whatever be the mode of payment. There will be no use of manually prepared challan. The report prescribes the following three modes of payment:-
* Payment by tax payers through internet ban

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as the GST will bring a no. of new tax payers in its net; this mode which is considered as the safest by the small town people; should be accompanied by facilities instead of restrictions at the beginning of GST era. However, gradually, this mode can be made stringent so as to shift towards automation.
The payment through NEFT/RTGS from any bank (including other than authorized banks) is the new mode of remittance to be implemented as from start of GST era. At present no payment can be accepted from any bank other than nationalized bank which has been duly authorized to collect the taxes. However, with implementation of GST, payment through NEFT/RTGS will be accepted from any bank, even other than authorized bank. In this system, the RBI will accept the money on behalf of Government and will generate a challan. The Common Portal Identification Number (CPIN) will be generated alongwith the challan which shall be valid for a period of seven days. If any tax payer uses this challan beyo

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ax payers. It will simplify the accounting and reconciliation tasks. In case any discrepancy is found, tax authorities will directly interact with RBI. Further, in case of RTGS/ NEFT payments through non-authorized bank also, RBI's role will be crucial as it will be the only mediator between the tax payers and Government. Therefore, the role of RBI will increase drastically in the GST era and responsibilities of RBI people will enhance tremendously. In fact, the entire tax collection and remittance procedure will solely depend on the efficiency of RBI personnel.
At present, the Central excise as well as the service tax challans namely GAR-7 has the details of jurisdictional locations. However, the report states that under GST era, the Jurisdictional location (eg. Commissionerate, division and range) shall not be mentioned on the challan. However, the tax authorities will send the taxpayers updated master data to GST Network and accounting authorities. The accounting authorities shall

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scrip. The report proposes that this method of payment of tax will be scrapped in the GST regime. So, how the export promotion schemes will work in the time to come; has not been discussed in the report. Also, the payment of tax by way of book adjustment is also allowed in specified cases under Central Excise law which is also proposed to be done away with the GST era. The reasons in particular have not been given for scrapping these modes of payment, yet it is a fact on record, that it is going to decrease the liquidity of the tax payers.
While winding:-
The report of Joint Committee on the payment process is very detailed and responsive. The authors of this article appreciate the steps taken by the Committee to create awareness on the drafts of payment process under GST. However, the report is silent on some issues which constitute the demerits of the proposed payment process. After some improvements, the payment process will become flawless and more reliable, thereby making the pa

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DRAFT REGISTRATION PROCEDURE OF GST – THERE IS A SCOPE FOR IMPROVEMENT

DRAFT REGISTRATION PROCEDURE OF GST – THERE IS A SCOPE FOR IMPROVEMENT
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 4-11-2015

Introduction-
“Sincere” is the word when combined with the word “Effort” makes the road to success as smooth and reliable. Such sincere efforts are being made by the Central Government for paving the path to Good and Services Tax (GST). The government with the aim to implement the GST w.e.f. 1.4.2016 has issued a draft for persual of experts, trade associations, etc. to suggest the flaws and improvements thereupon. This draft is in form of 'Report of The Joint Committee on Business Processes for GST'. This report is divided into three parts namely GST Registration, GST payment process and GST refund process. This article is an attempt to analyze the first part of this report namely 'GST Registration'.
Compounding scheme – proposal needs improvement:-
The report states that the GST Act will provide the option to dealers to opt for

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of deemed credit based on certain percentage of tax paid by the dealer is allowed to the buyer of goods, the cascading effect will reduce drastically. Thus, the benefit of compounding scheme will continue to be allowed to medium level businesses alongwith the reduction in cascading effect.
Input service distributor – scheme can be continued:-
The Report states that the concept of input service distributor may continue if the GST law so provides. Under the present concept of input service distributor, if the input services are consumed at different units of the same assessees, it can be distributed by the head office if the same is registered as input service distributor. It has also been stated that this benefit would be an exception in the GST law which will be applicable only to the services which are consumed at different locations which are separately registered.
There is no doubt of the fact that Input service distributor is a good scheme. However, in our view, due care should

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to opt for composition scheme, however, can avail the Input tax credit on inward supplies. The form of registration, return and assessment of such casual dealers would be separately prescribed. It has also been mentioned that the casual dealers shall be required to self assess their likely tax liability and deposit the same as an advance tax. Such amount would be deposited by way of two demand drafts (one for centre and one for state) which would be returned to the tax payer after he has discharged his final liability.
The analysis of this scheme indicates that it has been introduced for the traders dealing in the seasonal items. In our view, the provision related to advance payment of tax to both State and Central Government seems to be harsh and would not let it make a successful scheme. It implies that the trader would be required to arrange money before he has made any supply and deposit the same to the government. Eventhough the excess payment shall be refunded at the time of end

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ce Act will be migrated to GST and the migration will start sufficiently in advance so that their business won't suffer during transition period of GST. It has been stated there that the details given in the existing database of Centre and State laws will be imported by GST portal and only additional details will be required to be called from them. In this regard, it has been mentioned that VAT & Central excise details consists of fields ranging from 50 to 107; while GST registration form consists of 120 fields; thus, there is gap of 13 to 70 fields. As such, the details will be required to be called from the dealers. However, the report does not talk much about the authenticity of details already available with the State and Centre. There are chances that there has been significant change in the details of assessee, however, the same has not been informed by him or sought for amendment. Thus, there are chances that the details may be incorrect partly. Also, there is possibility that t

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t the migration of existing registrants under various State and Central laws. The separate procedures have also been prescribed in the report for the purpose of migration. However, this report does not speak about the existing Cenvat balance at the time of implementation of GST.
The Cenvat/VAT balance in hand plays a significant role while paying the tax liability. This is the factor directly related to the liquidity of an assessee. In our view, adequate provisions should be made in this regard and the assessees should be informed about the same well before through various means. This becomes more important as the rate of GST will be higher and will particularly affect those assessees which are registered under only one Act, say service tax law. At present they are paying the tax @ 14%, while under GST, this rate will be on much higher side. Thus, they will need more cash balance to pay off their taxes. If proper provisions related to Cenvat transfer are not made, the situation will b

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erson importing the services for personal consumption. All the other factors have not been discussed anywhere.
It is worthwhile to mention here that the reverse charge is the most critical aspect of present service tax law. Also, the partial reverse charge was introduced only three years back, thus, it has not yet settled. Thus, even the giant service providers are facing difficulty in tackling with the partial reverse charge; so forget about the small and medium level service providers. When GST will be implemented, the situation will become worse as the new law will be accompanied by this complicated concept and that too unexplained in the reports like the current one.
The report should have thrown the light on the various aspects like registration process, exemptions under reverse charge. The above referred discussion indicates that only the individuals importing services will not be required to take registration under reverse charge. However, it has not taken care of small and me

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non of existing Central excise law.
In our view, this important factor should have formed the part of this report. Thus, the threshold should not apply on the supplies made in the brand name of some other person. Also, it would be feasible to import the related provisions from Central Excise Law since the same are old and more or less settled.
While parting:-
The Report of The Joint Committee on Business Processes for GST is very detailed and informative. It has been made after in depth research and analysis. However, still there is much to be included and improved. Also, such reports which are to be circulated on national level takes time, thus, significant amount of time should be given for suggestions as the process of circulation, access, reading, analysis and making suggestions is a long process and requires time. The time given for suggestions here is upto 31st October, 2015 which is very less looking to the quantum of information provided in the report. The haste and hurry so

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Proposed GST Return – Salient features in brief

Proposed GST Return – Salient features in brief
By: – Manoj Agarwal
Goods and Services Tax – GST
Dated:- 27-10-2015

Dear Tax Payers,
Greetings of the Day!!
The Joint Committee on Business Process for #GST has submitted it's Report on GST Return. The salient features for proposed #GSTReturn are as below:
1. There will be common E-Return for CGST, SGST, IGST and Additional Tax.
2. Every registered person is required to file a return for the prescribed tax period. A return needs to be filed even if there is no business activity (i.e. Nil Return) during the said tax period of return.
3. Final invoice-level supply information pertaining to the tax period to be reported separately for goods and services. I have suggested

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the end of the FY. This statement would provide a reconciliation of the returns with the audited financial statements of the taxpayer. Since this return captures the minutest details of income and expenditure of the taxpayer, the gross profit/loss arrived on the basis of the details submitted in this statement should tally with the gross profit/loss indicated in the Profit and Loss Account of the dealer!!!
7. A separate reconciliation statement, duly certified by a Chartered Accountant, will have to be filed by those taxpayers who are required to get their accounts audited under section 44AB of Income Tax Act 1961. Currently this limit is ₹ 1 Crore under IT Act.
8. Cut-off date for filing of details of outward supplies (GSTR-1), in

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Draft GST Report on Returns under GST on public domain

Draft GST Report on Returns under GST on public domain
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 26-10-2015

Dear Professional Colleagues,
Draft GST Report on Returns under GST on public domain
In order to engage with the stakeholders and invite comments from the public at large, the Ministry of Finance on October 6, 2015, placed the following Draft Business Processes of GST on public domain for virtual feedback of the public:
* Report of the Joint Committee on Business Processes for GST on Refund Process;
* Report of the Joint Committee on Business Processes for GST on Registration;
* Report of the Joint Committee on Business Processes for GST Payment Process.
Further, to the above Reports, Draft Report

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rd supplies and a consolidated return based on these two returns. Besides that, there would be separate Return for the Input Service Distributors, non-resident taxpayers (foreigners) and Tax Deductors;
* A registered Tax Payer shall file GST Return at GST Common Portal either by himself or through his authorised representative;
* HSN code (4-digit) for Goods and Accounting Codes for Services will be mandatory initially for all taxpayers with turnover in the preceding financial year above ₹ 5 Crore;
* There would be no revision of Returns. Changes to done in subsequent Returns;
* All the Normal taxpayers would be required to submit Annual Return. A separate reconciliation statement, duly certified by a Chartered Accountant, wil

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M/s. T. Ramanjaneyulu General Stores Versus The Deputy Commercial Tax Officer-I and another

M/s. T. Ramanjaneyulu General Stores Versus The Deputy Commercial Tax Officer-I and another
VAT / Sales Tax
2015 (10) TMI 2831 – TELEGANA HIGH COURT – TMI
TELEGANA HIGH COURT – HC
Dated:- 26-10-2015
W. P. NO. 31274 OF 2015
CST, VAT & Sales Tax
THE HON'BLE SRI JUSTICE G.CHANDRAIAH AND THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
FOR THE APPELLANT : G NARENDRA CHETTY
O R D E R (Per GC,J)
Heard the learned counsel for the petitioner and the learned Government Pleader for Commercial Taxes.
2. The petitioner – assessee is engaged in the business of purchase and sale of cigarettes and other items. The Regional Vigilance and Enforcement Officer, Ananthapuram, inspected the business of the petitioner and submitted material

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r. Therefore, on the ground of violation of principles of natural justice, the impugned proceeding is sought to be set aside.
4. The learned counsel for the petitioner and the learned Government Pleader submitted that this court considering similar facts and circumstances in W.P.Nos.20787 and 20796 of 2015 dated 20.7.2015 disposed of the writ petition by directing the authorities to make reassessment after furnishing the necessary details to the dealer. The relevant portion of the order is as under:
“Today, the record has been produced and after perusing the record, learned Government Pleader fairly submits that the record does not disclose the material particulars sought by the petitioner having not been furnished to the petitioners. Le

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Report of the Joint Committee on Business Processes for GST on Refund Process;

Report of the Joint Committee on Business Processes for GST on Refund Process;
GST
Dated:- 23-10-2015

REPORT
OF
THE JOINT COMMITTEE ON BUSINESS PROCESSES FOR GST
ON
REFUND PROCESSES
Empowered Committee of State Finance Ministers
New Delhi
August, 2015
REPORT OF THE JOINT COMMITTEE ON BUSINESS PROCESSES FOR GST ON REFUND PROCESSES IN GST REGIME
INTRODUCTION:
1.0 During the Empowered Committee meeting held on 10th March, 2014, it was decided that a Joint Committee under the co-convenership of the Additional Secretary (Revenue), Government of India and the Member Secretary, Empowered Committee should be constituted to look into the Report of the SubGroup-I on Business Processes for GST and make suitable recommendations for Registration and Return to the Empowered Committee. It was also decided that the Joint Committee should also give its recommendations on Refund Processes in GST regime. Accordingly, a Joint Committee, in consultation with the Government o

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nd 3rd February, 2015. The list of the participants of the last meeting of the Joint Committee on Business Processes is appended at Annexure-III. The Joint Committee broadly agreed with the recommendations of the Sub-Committee and the two Conveners of the Sub Committee were requested to finalise the Report of the Sub-Committee keeping in view the observations made during the meeting of the Joint Committee on Business Processes on 2nd February, 2015 and 3rd February, 2015. Accordingly, a final Report was received on 11th February, 2015 from the Co-convener of the Sub-Committee. The Report of the Joint Committee on Business Processes for GST was prepared accordingly. The Report was further discussed in the Joint Committee on Business Processes for GST meeting held on 22nd and 23rd July, 2015. Changes have been incorporated as per discussions.
SITUATIONS WHERE REFUNDS WOULD ARISE:
2.0 In the taxation administration, refund refers to any amount that is due to the tax payer from the tax

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ation but no/ less liability arises at the time of finalization of investigation / adjudication.
(F) Refund of tax payment on purchases made by Embassies or UN bodies.
(G) Credit accumulation due to output being tax exempt or nil-rated.
(H) Credit accumulation due to inverted duty structure i.e. due to tax rate differential between output and inputs.
(I) Year-end or volume based incentives provided by the supplier through credit notes.
(J) Tax Refund for International Tourists Each of the situations mentioned above are being discussed hereunder individually for better appreciation of the issue and the proposed process to handle them under the proposed GST regime:
(A) EXCESS PAYMENT OF TAX DUE TO MISTAKE OR INADVERTENTCE:
i) As the heading suggests, it refers to the situations where the tax payer has made excess payment of tax either by mistake or by inadvertence resulting in more payment of tax than due to the Government. Since the tax that has been paid is in excess, which was

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ecide as to whether the payment is to be made tax period wise or a system of Personal Ledger Account (PLA) is to be used. Maharashtra has suggested that Kerala model of return cum challan may also be examined by the GST Law Drafting Committee / Payment Committee.
vi) In the third situation i.e. where the amount has been mentioned wrongly, the refund of excess amount of tax, at the option of the taxpayer, would either be automatically carried forward for adjustment against future tax liabilities or be refunded on submission of application (return itself can be treated as a refund application) by the taxpayer. The automatic carry forward would be allowed if the excess payment was made against a return and not against any other liability. The GST Law may provide for automatic set off if the excess payment of tax is not on account of interpretation of notifications, application of exemptions etc., i.e. the excess payment is not on account of difference of opinion between the tax administr

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xporting final product without payment of duty.
b) Obtaining duty paid inputs and claiming refund of the same at the time of export of the finished goods without payment of duty.
c) Obtaining duty paid inputs, availing the input tax credit thereon and exporting finished goods after payment of duty (after utilizing such input tax credit) and thereafter claiming the rebate of the duty paid on exported goods.
ii) It was noted that in the proposed GST regime, exports are proposed to be Zero rated which means that the export goods would not suffer any actual tax liability although the inputs for them would be tax paid which would be subsequently neutralized. So there should be a mechanism whereby the GST paid on the inputs or on exported finished goods, either through cash or by utilization of input tax credit, is refunded to the exporter. This would serve two objectives simultaneously. On the one hand, the ITC chain through the various dealers will not be broken and on the other hand, t

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ng Committee may provide for the provision of rebate and the legality of the same will be examined at the time of vetting of the GST law by the Law Ministry.
v) Since the process for payment of refund of GST paid on inputs (including input services) or payment of rebate of GST paid on finished goods is similar to a large extent, the same is being discussed here together. The following process is proposed for making this system as simple as possible:
a) The IEC details of taxpayer will be captured at the time of issuance of GSTIN and the same can be verified online with DGFT for verifying the correctness of the exporter's particulars.
b) The refund of ITC / rebate of GST paid on exported goods may be granted on submission of application to this effect by the taxpayer.
c) Since the trigger point for refund is export of goods, therefore the event of export needs to be verified (mostly online) so as to minimize cases of erroneous / fraudulent claims of refund / rebate.
d) It is recomm

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levant details from the export invoice and packing list, can be verified online and there would not be any need for the exporter to submit the same. Further, Mate's Receipt and Bill of Lading are the crucial documents that determine the occurrence of event of export, the exporter would be required to upload the scanned copies of the same with online refund application. As regards the BRC, it was noted that as per the RBI guidelines, the exporter has a time period of one year from the date of export, within which the export proceeds are required to be remitted into India. Thus BRC will not be available till the time export proceeds are realized. Therefore it is recommended that submission of BRC may not be insisted upon at the time of filing of refund application and post facto verification can be carried out by the tax authorities. The refund in such cases should be subject to submission of BRC details within a period of maximum one year or such period as extended by RBI from the date

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nce the export is established, verification of the duty paid on the final products at the time of export is required to be carried out. For this, normally, copy of challans/ invoices evidencing duty payment are sought from the exporter and the same are verified manually by the jurisdictional authority. In the proposed GSTN, the payment of GST on exported goods can be verified online (as the sales invoices are required to be filed along with the monthly return) and there is no need for separate submission of these documents. Once the GST paid character of exported goods is established, refund can be sanctioned.
k) In respect of refund claimed for GST paid on inputs (including input services) used for exported goods, once the export is established, verification of the GST paid on the inputs (including input services) as well as their utilization for the exports is required to be carried out. For this normally copy of invoices evidencing GST payment are sought from the exporter and the s

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i) It is noted that in case of export of services there are no custom documents that can substantiate the occurrence of event of export as no shipping bill is required to be filed. Thus invoice and Bank Realization Certificate (BRC) are the only documents that can substantiate the occurrence of event of exports. It is, therefore, recommended that in the case of export of services, BRC would be required before sanction of the refund of GST paid on inputs (input services)/rebate of GST paid on exported services.
ii) It is further noted that the invoice and BRC are the crucial documents for filing of the refund application. Therefore the relevant date, in case of export of services, will be the date of invoice or the date of BRC, whichever is later. This will take care of the situation if the payment has already been received in advance. It is also recommended that e-BRC module may be integrated in the refund process under GST.
iii) It is suggested that since exports of services cannot

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, only if, the IGST amount has not collected from the recipient. It is also required to be verified that the recipient has not availed the input tax credit in respect of such supplies.
b) The supplier may file a simple refund application along with a Chartered Accountant's Certificate certifying the fact of nonpassing of the GST burden by him, being claimed as refund. GST Law Drafting Committee may prescribe a threshold amount below which self-certification (instead of CA Certificate) would be sufficient.
c) The recipient unit would be eligible for refund of IGST, if it has actually paid IGST at the time of obtaining goods / services from the domestic supplier. In no case, both the supplier and the recipient unit can obtain refund at the same time in respect of the same transaction. A suitable validation to block such double claim should be built in the GSTN /refund processing backend system.
d) Such recipients may not be registered under GST regime and therefore they would have to

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d goods may not be admissible.
iii) Requirement of BRC for sanction of refund in respect of export of services and as a post facto verification in case of export of goods may be provided in the GST Law.
iv) It was noted that the exports would be treated as inter-state supplies and therefore IGST would be required to be paid by the taxpayer in cases GST is paid at the time of export. Refund of such IGST would have to be paid by the Centre. In case of refund of GST paid on inputs (including input services) used for exported goods, the refund of CGST, SGST or IGST may arise and the same needs to be paid by the respective tax administration. A suitable validation to block use of same tax invoices for more than one refund claim should be built in the GSTN /refund processing backend system.
v) It was further noted that the principle of unjust enrichment is not applicable in case of actual export of goods or services as the recipient is located outside the taxable territory. In case of dee

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e the tax has been paid on provisional basis, there should be a drop box that would indicate the reasons for which the tax has been paid on provisional basis.
ii) Once such a return comes up before the assessing officer and if he agrees with the reason mentioned by the taxpayer, the return / assessment may be kept provisional.
iii) Thereafter the return may be taken up for finalization once the issue involved in provisional assessment is settled. GST law may prescribe time period for finalization i.e. 90 days and this time line should not be breached, as far as possible.
iv) At the time of finalization of the return / assessment by the assessing officer, a speaking order may be issued which will also mention the amount that the taxpayer is required to pay or is eligible for refund.
v) The refund would be granted only if the incidence of GST paid by him has not been passed on to the consumer (the concept of unjust enrichment). This issue would be examined by the assessing officer at

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FILING APPEAL INCLUDING REFUND ARISING IN PURSUANCE OF AN APPELLATE AUTHORITY'S ORDER:
Refund arising in pursuance of appellate authority's order is another area that has been subject of judicial scrutiny and strictures. The following process is recommended in order to make this process streamlined, efficient and in line with the judicial decisions on the matter:
i) Looking at the policy objective of making the refund process hassle free, it is recommended that the taxpayer may file a simple refund application along with a Chartered Accountant's Certificate certifying the fact of non-passing of the GST burden by the taxpayer, being claimed as refund. As mentioned earlier, the GST Law Drafting Committee may prescribe a threshold amount below which self certification (instead of CA Certificate) would be sufficient.
ii) The refund may not be kept in abeyance if the appellate authority's order (in pursuance of which refund arises) is appealed against at the next higher appellate forum

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ES AT THE TIME OF FINALIZATION OF INVESTIGATION / ADJUDIACTION :
Presently the Central Law (State Laws do not have similar provision) does not debar suo-motto payments during investigation / audit without issuance of a formal show cause notice / demand. If the GST Law does not debar such payments during investigation / audit process and ultimately no / less demand arises vis-à-vis amount already paid, then refund of such amount may be handled as per the procedure given below:
i) A separate mechanism for the accounting of such payments has to be designed.
ii) Refund in such cases requires utmost attention as such amount of tax paid during investigation, etc. become non leviable once the investigation is finalized and / or an adjudication order in favor of the taxpayer is issued. Therefore this process should be simple and hassle free.
iii) As soon as the investigation, etc. is over which does not lead to issuance of a show cause notice or where after investigation, show caus

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e concurrent with the time limit available for filing of an appeal so that department has time to file an appeal along with stay application, if any against adjudication order.
vi) Refund may be withheld only if the department has obtained a stay order on the operation of the adjudication order, failing which, refund has to be allowed.
vii) The GST Law Drafting Committee may also consider for providing powers to jurisdictional authority at sufficiently senior level for withholding the refund in exceptional cases on the condition that interest at appropriate rate has to be paid.
viii) The refund may be on account of CGST, SGST or IGST as the case may be.
(F) REFUND FOR TAX PAYMENT ON PURCHASE BY UN BODIES, SUPPLIES TO CSD CANTEENS, PARA MILITARY FORCES CANTEENS, ETC.:
i) Presently the UN bodies are eligible for refund of taxes paid by them at the time of purchases made by them from the market. GST Law may provide for similar provision and in such a case, the following process for

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ases should be specifically marked in the purchase statement or may not be included in the purchase statement.
h) The net claim will be related to GST paid on total purchases minus GST paid on ineligible purchases.
i) The IT system will carry out the matching with the sales statements of the counter party suppliers.
j) The matched and claimed to be eligible invoices will be seen by the jurisdictional authority to verify that none of the ineligible purchases have been included in the refund claim.
k) The refund may be granted based on the matching and the limited manual verification.
l) There might be situations when the supplier does not declare the supply in his monthly return. In such a case, unmatched invoices will get marked by the IT system and the supplier will be notified accordingly.
m) The UN body may be granted refund along with its next claim if any of the unmatched supplies have been accepted and related GST has been paid by the supplier and return has been filed subs

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N INPUTS USED FOR MANUFACTURING /GENERATION /PRODUCTION /CREATION OF TAX FREE SUPPLIES OR NON-GST SUPPLIES:
i) There would be certain goods or services which may be either exempted or NIL rated in GST regime. Further there may be certain goods or services which may not be brought under GST regime. Persons supplying such exempted/nil rated/non-GST goods or services would be receiving goods or services as their input supplies after payment of GST.
ii) The issue, whether such taxpayers are entitled to cash refund of the GST paid by them in respect of such input supplies (including input services or capital goods) which will be used for making supplies without payment of GST, was discussed at length.
iii) It is felt that the ITC is allowed to remove cascading and under modern VAT laws, tax is charged on value addition only and not on tax paid at the earlier level of supply chain. It is for this reason that the ultimate consumer is liable to bear the tax. Most State VAT administrations

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n-GST goods or services, there may be other types of ineligible input tax credits such as those related to specified capital goods / assets. It is recommended that the model GST law may provide for the full scope of such ineligible input tax credits.
viii) It is also recommended that such ineligible tax credit should accrue to the importing States in accordance with the Place of Supply Rules. This imperative will also apply to the inter-state supplies procured by the economic entities / government departments / public bodies supplying tax exempt/nil-rated/non-GST goods and services only. The mechanism for flow of such funds to the importing state by way of a system based apportionment in a consistent manner may be decided as a part of the return process.
(H) REFUND OF CARRY FORWARD INPUT TAX CREDIT:
i) As stated earlier, ITC is allowed to remove cascading and under modern VAT laws, tax is charged on value addition only and tax is not charged on tax. It is for this reason that the u

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such case, cash refund may be granted after due audit and should be sanctioned only after the input tax credit has been matched from the purchase and sales statements filed along with monthly returns. The refund would be granted on submission of application. It may be mentioned, however, that presently the Centre does not grant refund in such cases.
vi) Two options i.e. blocking the utilization of input tax credit claimed as refund at the time of submission of application for refund itself or debiting the input tax credit account/cash ledger subject to the amount available in either account at the time of issuance of sanction order of refund were discussed. It is recommended that the first option should be adopted. Suitable linkage between the refund application and blocking of the “carry forward input tax credit” in the return/cash ledger should be built in GSTN and refund backend processing system.
vii) ITC may also accumulate on account of circumstances wherein liability to pay se

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Some States have placed restrictions on such ITC. It is felt that the GST Law may provide for suitable provisions in this regard as provisions for such discounts is a trade practice and will have to be permitted in the GST regime. The following procedure is recommended:
i) The refund would be granted on submission of a simple application along with a Chartered Accountant's Certificate certifying the fact of non-passing of the GST burden by the taxpayer, being claimed as refund. The GST Law Drafting Committee may prescribe a threshold amount below which self-certification (instead of CA Certificate) would be sufficient.
ii) In such cases, the eligibility for ITC at the buyer's end and the output liability at the supplier's end will get simultaneously reduced/adjusted on the basis of credit notes issued by the supplier and the corresponding debit notes issued by the buyers.
iii) This would also obviate the need for resorting to provisional assessment presently provided in Central Law

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of multilateral agencies. This scheme will be implemented through particular retailers who are registered for this scheme. Refund of GST will be available at designated airports and ports only and the refund of the GST paid on retail purchase by the foreign tourists during their stay in India is allowed. A part of the eligible amount of refund will be deducted as handling fee for services rendered. GST law drafting Committee may provide for this provision as well delineate the details of the scheme.
REFUND FORMS:
3.0 The form should be simple to fill, easy to understand and more importantly, in the context of the technological world, it should be in electronic format. The forms for Refund Claim, Refund order and Reduction / Adjustment summary are enclosed as Annexure -IV to VII to this document.
TIME PERIOD FOR FILING OF REFUND AND RELEVANT DATE: 4.0.
It is recommended that a period of one year from the relevant date may be allowed for filing of refund application. Relevant date

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thority's order where the refund arises in pursuance of an appellate authority's order in favor of the taxpayer.
vi) Date of communication of adjudication order or order relating to completion of investigation when refund arises on account of payment of GST during investigation, etc. when no/less liability arose at the time of finalization of investigation proceedings or issuance of adjudication order.
vii) Date of providing of service (normally the date of invoice) where refund arises on account of accumulated credit of GST in case of a liability to pay service tax in partial reverse charge cases.
viii) Date of payment of GST for refund arising out of payment of GST on petroleum products, etc. to Embassies or UN bodies or to CSD canteens, etc. on the basis of applications filed by such persons. ix) Last day of the financial year in case of refund of accumulated ITC on account of inverted duty structure.
SUPPORTING DCOUMENTS:
5.0 Documents evidencing tax payments required to be e

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ot captured in the invoice details proposed to be uploaded either before or alongwith the Return. It was further noted that this information would be required in case of refund in relation to exports. The applicant for refund in such cases would submit the copies of the invoices or a statement containing details of quantity along with the refund application. Documents evidencing export. In the proposed GST scenario it is recommended that the ICEGATE and GSTN would be inter linked, and therefore these documents can be verified on line and therefore can be dispensed with.
iii) Documents evidencing that the tax burden has not been passed on to the buyer. Since GST is an Indirect tax, there will be a rebuttable presumption that the tax has been passed on to the ultimate consumer. Therefore there is a need for establishing that principle of “unjust enrichment” does not apply to the refund claim. It is recommended that a Chartered Accountant's Certificate certifying the fact of non-passing

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tal. Filing through GSTN portal may be beneficial for those applicants whose refund relates to CGST / IGST as well as SGST or the refund arises in different State Tax jurisdictions. Instead of filing applications with different tax authorities, the same may be filed with the GSTN portal which will forward it to the respective tax authority.
ii) On filing of the electronic application, a receipt/ acknowledgement number may be generated and communicated to the applicant via SMS and email for future reference. A provision may be made to display the application for refund in dealer's online dashboard when he logs into the system.
iii) The “carry forward input tax credit” in the return and the cash ledger should get reduced automatically, if the application is filed at GSTN portal itself. In case the application is filed at the tax department portal, suitable integration of that portal with GSTN portal should be established to reduce/block the amount before taking up the refund proces

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iciency, if any. Since the recommendation is to reduce the number of documents that are to be filed along with the application and most of the documents related to refund application will be available online, it is recommended that the preliminary scrutiny may be carried out within 30 common working days and deficiency, if any, should be communicated to the applicant directly from the respective tax portal. (In case refund relates to different jurisdictions or involves both central and state GST levy, then the said deficiency needs to be forwarded to GSTN also which will communicate the same to the corresponding tax authority relating to that refund).
9.1 It is recommended that tax authorities should make efforts to ensure that piece meal queries are avoided. Applicant may file his reply through the respective tax authority portal / GSTN. Any further queries should be raised only with the approval of higher authorities so that unnecessary queries are avoided. Once the refund applicati

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o the ultimate consumer by the applicant. So it is essential that every refund application should be examined in light of the principle of “unjust enrichment” and the appropriate provisions may be incorporated in the GST law. The burden of discharging the obligation under “unjust enrichment” should be on the applicant and documents manifesting the same should be submitted along with the application. As discussed above, a Chartered Accountant's Certificate certifying the fact of non-passing of the GST burden by the taxpayer, being claimed as refund should be submitted. The GST Law Drafting Committee may prescribe a threshold amount below which self-certification (instead of CA Certificate) would be sufficient.
10.3 If the refund is not found to be legal or correct for any reason, then the jurisdictional authority should issue Show Cause Notice (SCN) to the applicant and thereafter the refund will be kept in abeyance in the system till the SCN is adjudicated. In case, the refund applica

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st stage of refund processing should be simple and free from human intervention so that the applicant may have a pleasant experience while dealing with tax authorities. Therefore it becomes significant that once the tax authority decides about sanctioning of the refund, the same shall be granted to the applicant promptly. For this it would be essential that the details of the bank account are sought from the applicant at the time of filing of the refund application itself so that the amount of refund can be transferred to the applicant electronically through NEFT /RTGS/ECS.
VERIFICATION AND CONTROL:
13. Every refund that is sanctioned would need to go through a process of review by higher authorities in order to ensure the correctness of the decision of refund sanctioning authority. So once the refund is sanctioned, the same shall be transferred through the IT system to the menu of the higher authority along with the documents on the basis of which decision was taken by the refund sa

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review of refund may be provided in the GST Law.
13.2 Besides this, for refund amounts exceeding a pre-determined amount a provision for pre-audit of refund application (and not of the accounts of the taxpayer) before the sanction of the refund may be provided for. Keeping in view the points mentioned above regarding increased compliance, self-regulation and system based verification, etc., it is recommended that the monetary limit for pre- audit of the refunds sanctioned may be kept at Rs. one crore or as may be decided by the respective Tax Jurisdiction. The procedure for pre- audit will be same as that for the post audit except that the application will have to move to and fro between the refund sanctioning authority and the audit authority before grant of refund. The GST Law may provide that the process of audit should be time bound with clearly defined timeline so that quality of audit does not suffer from insufficiency of time.
13.3 It is recommended that either the review proc

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rom the date of receipt of refund application for raising queries/ deficiency memos by tax authorities regarding incompleteness of the refund documents. Piecemeal queries must be avoided. Once the applicant files a reply to the deficiency memo and the refund application is found complete as per the prescribed documents, the same should be acknowledged electronically by the refund sanctioning authority and the time limit for interest will start from the date of such electronic acknowledgement.
14.2 It is recommended that the rate of interest for delayed payment of refund and that in case of default in payment of GST should be different. The Committee recommends that the rate of interest in case of refund may be around 6% and that in case of default in payment of interest may be around 18%. The GST Law may provide accordingly. The GST Law may also provide that the interest will accrue from the last date when refund should have been sanctioned even when the refund is ordered to be paid b

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etary Empowered Committee
(Rashmi Verma)
Department of Revenue of State Finance Ministers Government of India
ANNEXURE-I
CONSTITUTION ORDER OF JOINT COMMITTEE ON BUSINESS PROCESSES FOR GST
EMPOWERED COMMITTEE OF STATE FINANCE MINISTERS
DELHI SECRETARIAT, IP ESTATE, NEW DELHI –
110002 Tel. No. 2339 2431, Fax: 2339 2432
e-mail: vatcouncil@yahoo.com No.15/45/EC/GST/2014/32
Date: 7th April, 2014
JOINT COMMITTEE ON BUSINESS PROCESSES FOR GST
During the last Empowered Committee meeting held on 10th March, 2014, it was decided that a Joint Committee under the co-convenership of the Additional Secretary (Revenue), Government of India and the Member Secretary, Empowered Committee should be constituted to look into the Report of the Sub-Group-I on Business Processes for GST and make suitable recommendations for Registration and Return to the Empowered Committee. It was also decided that the Joint Committee should also keep in view the Registration and Return requirements nece

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r, Sales Tax, Maharashtra
(10) Shri Abhishek Bhagotia, Commissioner, Commercial Tax, Meghalaya
(11) Shri Manoj Ahuja, Commissioner, Commercial Tax, Odisha
(12) Shri Sanjay Malhotra, Commissioner, Commercial Tax, Rajasthan
(13) Shri K. Rajaraman, Commissioner, Commercial Tax, Tamil Nadu
(14) Shri M.K. Narayan, Commissioner, Commercial Tax, Uttar Pradesh
(15) Shri Dilip Jawalkar, Commissioner, Commercial Tax, Uttarakhand
(16) Shri Binod Kumar, Commissioner, Commercial Tax, West Bengal
Empowered Committee of State Finance Ministers
(1) Shri Satish Chandra, Member Secretary Co-convener
2. The Committee will submit its report to the Empowered Committee in two months time.
Sd/- (Satish Chandra)
Member Secretary Empowered Committee of State Finance Ministers
Copy to: All the Members of the Joint Committee Copy also to:
(1) PS to Chairman, Empowered Committee of State Finance Ministers
(2) Adviser to Chairman, Empowered Committee of State Finance Ministers
(3) Sr.A.O./OSD/F

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rcial Tax, Government of Madhya Pradesh
(3) Dr. Nitin Kareer, Commissioner, Sales Tax, Government of Maharashtra
(4) Shri M. Girees Kumar, Commissioner, Commercial Tax, Government of Kerala
Goods and Services Tax Network
(1) Shri Prakash Kumar, Chief Executive Officer
Special Invitee
(1) Shri Ajay Seth
2. The Sub-Committee should submit its report in one month's time.
Sd/-
(Satish Chandra)
Member Secretary
Empowered Committee ofState
Finance Ministers
ANNEXURE-III
LIST OF PARTICIPANTS OF THE MEETING HELD ON 22ND AND 23RD JULY, 2015
Government of India
1. Smt. Rashmi Verma, Additional Secretary (Revenue), Government of India
2. Shri Rajeev Yadav, Director (Service Tax), CBEC, Government of India
3. Shri B.B. Agrawal, Principal Commissioner, CBEC, Government of India
4. Shri Upender Gupta, Commissioner, GST, CBEC, Government of India
5. Shri M.K. Sinha, Commissioner (LTU), Audit, CBEC, Government of India
6. Shri G.D. Lohani, Commissioner, CBEC, Government of

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ommercial Tax, Gujarat
12. Ms. Aarti Kanwar, Special Commissioner, Commercial Tax, Gujarat
13. Shri Shyamal Misra, Commissioner, Excise & Taxation, Haryana
14. Shri Hanuman Singh, Additional Commissioner, Excise & Taxation, Haryana
15. Shri J.C. Chauhan, Commissioner, Excise & Taxation, Himachal Pradesh
16. Shri P.K. Bhat, Additional Commissioner, Commercial Tax, Jammu & Kashmir
17. Smt. Nidhi Khare, Secretary-cum-Commissioner, Commercial Tax, Jharkhand
18. Dr. M.P.Ravi Prasad, Joint Commissioner, Commercial Tax, Karnataka
19. Dr. Rajan Khobragade, Commissioner, Commercial Tax, Kerala
20. Shri M.I. Mansur, Assistant Commissioner, Commercial Tax, Kerala
21. Shri Sudip Gupta, Deputy Commissioner, Commercial Tax, Madhya Pradesh
22. Shri P. Velrasu, Special Commissioner, Sales Tax, Maharashtra
23. Shri B.V. Borhade, Joint Commissioner, Sales Tax, Maharashtra
24. Shri P.M. Kulkarni, Deputy Commissioner, Sales Tax, Maharashtra
25. Shri K. Sanglawma, Commissioner of Taxes, Mizo

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mt. Ujjaini Datta, Joint Secretary, Finance, West Bengal
Goods and Services Tax Network (GSTN)
1. Shri Navin Kumar, Chairman, Goods and Services Tax Network
2. Shri Prakash Kumar, Chief Executive Officer, Goods and Services Tax Network
Empowered Committee of State Finance Ministers
1. Shri Satish Chandra, Member Secretary, Empowered Committee
2. Shri Bashir Ahmed, Adviser, Empowered Committee
ANNEXURE-IV
Government of –
Department of –
Form GST – Refund Claim Form under
Goods & Services Tax Act,
(To be used by Tax Payers only)
1.GSTIN
2. Full Name of Taxpayer
3. Taxpayer's address
Building Name/ Number
Area/ Road
Locality/ Market
Pin Code
4. Amount of refund claimed (Rs.)
IGST
CGST
SGST
5. Ground for claiming refund
(provide reasons in detail, attach additional sheets, if required) [Attach /upload supporting documents)
6. Tax Period for which refund claimed
From
To
dd
mm
yy
dd
mm
yy
7. Details of Bank Account
i) Bank Account No.
ii) Ban

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Type of refund application
Tick  one
 Return type
 Return type
Application
Note – Return type can be regular & composition (say, GST-20,21) etc.
7. Tax Period for which refund claimed
From
To
dd
mm
yy
dd
mm
yy
8. Refund Calculation
i) Refund claimed
ii) Refund reduced, if any
iii) Refund allowed (i – ii)
iv) Interest due in case of delayed payment of refund
v) Amount of adjustment against outstanding demand
(vi) Net amount of refund payable (iii + iv – v)
9. Details of Bank Account
i) Bank Account No.
ii) Bank Account Type
iii) Operated in the name of
iv) Name & Address of Bank/Branch
v) MICR No. / IFSC
(Signature)
Name(Designation)
Ward/Circle/Unit/Other
(Place)
(Date)
Note – Please quote your GSTIN while communicating with the department in this matter or in any other matter whatsoever.
ANNEXURE-VI
Reduction / Adjustment Summary
Sr No.
Description
Year & Tax Period
Amount (reduction/adjustment
Order No.
Order date
Ba

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Comments of the Department of Revenue (DoR) on the First Discussion Paper on GST

Comments of the Department of Revenue (DoR) on the First Discussion Paper on GST
GST
Dated:- 23-10-2015

Sr. No.
Para No. of the Discussion Paper
Issues
Comments of the DoR
1
3.1
It is important to take note of the significant administrative issues involved in designing an effective GST model in a federal system with the objective of having an overall harmonious structure of rates. Together with this, there is a need for upholding the powers of Central and State Governments in their taxation matters. Further, there is also the need to propose a model that would be easily implementable, while being generally acceptable to stakeholders.
Agreed.
2
3.2
Keeping in view the report of the Joint Working Group on Goods and Services Tax, the views received from the States and Government of India, a dual GST with defined functions and responsibilities of the Centre and the States is recommended. An appropriate mechanism that will be binding on both the Centre and the States

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ould be uniform across these statutes as far as practicable.
Agreed. In addition, IGST on inter-State transactions should be levied by the Centre. SGST on imports should also be levied and collected by the Centre. Centre should pass on SGST collection on imports to concerned States on the destination principle.
4
3.2 (ii)
The Central GST and the State GST should be applicable to all transactions of goods and services made for a consideration except the exempted goods and services, goods are outside the purview of GST and the transactions which are below the prescribed threshold limits.
Agreed. There should be a common base for taxation between Centre and States.
5
3.2 (iii)
The Central GST and State GST are to be paid to the accounts of the Centre and the States separately. It would have to be ensured that account-heads for all services and goods would have indication whether it relates to Central GST or State GST (with identification of the State to whom the tax is to be credi

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cept in the cases such as of exports, purchase of capital goods, input tax at higher rate than output tax etc. where, again refund/adjustment should be completed in a time bound manner.
Agreed.
9
3.2 (vii)
To the extent feasible, uniform procedure for collection of both Central GST and State GST may be prescribed in the respective legislation for Central GST and State GST.
Agreed.
10
3.2 (viii)
The administration of the Central GST to the Centre and for State GST to the States would be given. This would imply that the Centre and the States would have concurrent jurisdiction for the entire value chain and for all taxpayers on the basis of thresholds for goods and services prescribed for the States and the Centre.
Agreed. The threshold for goods and services should be common between Centre and State on one hand and between goods and services on the other.
11
3.2 (ix)
The present thresholds prescribed in different State VAT Acts below which VAT is not applicable varies from St

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n more than that. The threshold exemption should not apply to dealers and service providers who undertake inter-State supplies. The problem of dual control is better addressed through a compounding scheme as well as administrative simplification for small dealers through measures such as:
* Registration by single agency for both SGST and CGST without manual interface
* No physical verification of premises and no pre-deposit of security
* Simplified return format
* Longer frequency for return filing
* Electronic Return filing through certified service centres / CAs etc.
* Audit in 1-2% cases based on risk parameters
* Lenient penal provisions
There may not be any need to have direct link between compensation package, if decided for, and the threshold for registration for North-Eastern and special category States.
12
3.2 (x)
The States are also of the view that Composition / Compounding Scheme for the purpose of GST should have an upper ceiling on gross annual turnover

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ity.
14
3.2 (xii)
Each taxpayer would be allotted a PAN-linked taxpayer identification number with a total of 13/15 digits. This would bring the GST PAN-linked system in line with the prevailing PAN-based system for Income tax facilitating data exchange and taxpayer compliance.
There should be a uniform registration system through-out the country and this registration system should enable easy linkage with Income Tax database through use of PAN number.
15
3.2 (xiii)
Keeping in mind the need of taxpayers convenience, functions such as assessment, enforcement, scrutiny and audit would be undertaken by the authority which is collecting the tax, with information sharing between the Centre and the States.
Since the tax base is to be identical for the two components, viz., CGST and SGST, it is desirable that any dispute between a taxpayer and either of the tax administrations is settled in a uniform manner. The possibility of setting up a harmonised system for scrutiny, audit and di

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Purchase tax: Some of the States felt that they are getting substantial revenue from Purchase Tax and, therefore, it should not be subsumed under GST while majority of the States were of the view that no such exemptions should be given. The difficulties of the food grain producing States and certain other states were appreciated as substantial revenue is being earned by them from Purchase Tax and it was, therefore, felt that in case Purchase Tax has to be subsumed then adequate and continuing compensation has to be provided to such States. This issue is being discussed in consultation with the Government of India.
Purchase tax is nothing but sales tax where the responsibility for collection of tax is with the purchaser (and not with the seller as in the case of sales tax). Keeping 'purchase tax' outside will give the loophole to the States to impose 'purchase tax' on any commodity (food-grains, agricultural / forest produce, minerals, industrial inputs etc.) over and above GST. Hence

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e may be allowed to levy excise duty on tobacco products over and above GST without ITC.
Agreed.
Tax on Petroleum Products: As far as petroleum products are concerned, it was decided that the basket of petroleum products, i.e. crude, motor spirit (including ATF) and HSD should be kept outside GST as is the prevailing practice in India. Sales Tax could continue to be levied by the States on these products with prevailing floor rate. Similarly, Centre could also continue its levies. A final view whether Natural Gas should be kept outside the GST will be taken after further deliberations.
Keeping crude petroleum and natural gas out of the GST net would imply that the credit on capital goods and input services going into exploration and extraction would not be available resulting in cascading. Diesel, ATF and motor spirit are derived from a common input, viz., crude petroleum along with other refined products such as naphtha, lubricating oil base stock, etc. Leaving diesel, ATF and moto

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GST.
The sub-working group of the Empowered Committee in its report has suggested two options each for B to B and B to C transactions. A decision is required to be taken by the Empowered Committee with respect to the option to be adopted. Such a decision may be taken and communicated to DoR.
17
3.5
Inter-State Transactions of goods & services: The Empowered Committee has accepted the recommendations of the Working Group of concerned officials of Central and State Governments for adoption of IGST model for taxation of inter-State transaction of Goods and Services The scope of IGST Model is that Centre would levy IGST which would be CGST plus SGST on all inter-State transactions of taxable goods and services with appropriate provision for consignment or stock transfer of goods and services. The inter-State seller will pay IGST on value addition after adjusting available credit of IGST, CGST, and SGST on his purchases. The Exporting State will transfer to the Centre the credit of SGS

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compliance level will improve substantially.
* Model can take 'Business to Business' as well as 'Business to Consumer' transactions into account.
Agreed. It may however be noted that IGST model will work smoothly only when there is a common threshold for goods and services and for Centre and States. Having more than one rate either for CGST or SGST will complicate the working of IGST model.
18
3.6
GST Rate Structure: The Empowered Committee has decided to adopt a two-rate structure – a lower rate for necessary items and goods of basic importance and a standard rate for goods in general. There will also be a special rate for precious metals and a list of exempted items. For upholding of special needs of each State as well as a balanced approach to federal flexibility, and also for facilitating the introduction of GST, it is being discussed whether the exempted list under VAT regime including Goods of Local Importance may be retained in the exempted list under State GST in the init

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tly exempted under VAT may continue to remain exempted in GST regime. There should be no scope, with individual States, for expansion of this list even for goods of local importance. Efforts will be made by Centre to substantially reduce the number of items presently exempted under CENVAT regime. At the end, there must be a common list of exemptions for CGST and SGST.
The States are of the view that for CGST relating to goods, the Government of India may also have a two-rate structure, with conformity in the levels of rate under the SGST. For taxation of services, there may be a single rate for both CGST and SGST.
There should be one CGST rate both for goods as well as services.
The exact value of the SGST and CGST rates, including the rate for services, will be made known duly in course of appropriate legislative actions.
SGST and CGST rates are required to be put in public domain much before initiation of legislative action.
19
3.7
Zero Rating of Exports: Exports should be ze

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reverse charge model, as is being done at present.
21
3.9
Special Industrial Area Scheme: After the introduction of GST, the tax exemptions, remissions etc. related to industrial incentives and special industrial area schemes should be converted, if at all needed, into cash refund or subsidy schemes after collection of tax, so that the GST scheme on the basis of a continuous chain of set-offs is not disturbed. Regarding Special Industrial Area Schemes, it is clarified that the benefits of such exemptions, remissions etc. would continue up to legitimate expiry time both for the Centre and the States. Any new exemption, remission etc. or continuation of earlier exemption, remission etc. would not be allowed. In such cases, the Central and the State Governments could provide reimbursement after collecting GST.
Agreed.
22
3.10
IT Infrastructure: After acceptance of IGST Model for Inter-State transactions, the major responsibilities of IT infrastructural requirement will be shared b

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procedures for CGST and SGST. Simultaneous steps have also been initiated for drafting of a legislation for IGST and rules and procedures. As a part of this exercise, the Working Group may also address the issues of dispute resolution and advance ruling.
The Joint Working Group (JWG) has held several meetings by now. Department of Revenue is closely working with Ministry of Law, Government of India, for finalisation of draft Constitutional amendment. The issue of empowering States to levy GST on imports has been deliberated by the JWG and the view which has emerged out of discussion is that the Centre shall collect GST on imports and pass on the SGST component of it to concerned State on destination principle.
24
3.12
Harmonious structure of GST and the States' autonomy in federal framework: As a part of the exercise on Constitutional Amendment, there would be, as mentioned earlier, in para 3.2, a special attention to the formulation of a mechanism for upholding the need for a harm

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mpensation for loss that may emerge during the process of implementation of GST for the next five years. This issue may be comprehensively taken care of in the recommendations of the Thirteenth Finance Commission. The payment of this compensation will need to be ensured in terms of special grants to be released to the States duly in every month on the basis of neutrally monitored mechanism.
Empowered Committee has already referred the issue to the Thirteenth Finance Commission (TFC). TFC is likely to submit its report shortly. A view on the subject will be taken after more clarity on the subject is available.
27
3.15
With this First Discussion Paper and the Annexure on frequently asked Questions and Answers on GST, interaction with the representatives of industry, trade and agriculture would begin immediately at the national level, and then also simultaneously at the State levels. Similarly awareness campaign for common consumers would also be initiated at the same time. As a part

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