Report of the Joint Committee on Business Process for GST on GST Return

Report of the Joint Committee on Business Process for GST on GST Return
GST
Dated:- 21-10-2015

1. Introduction
1.1 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 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 necessary for IGST Model. Accordingly, a Joint Committee, in consultation with the Government of India, was constituted on 7th April, 2014.
1.2 The Committee held its deliberations on 28th October, 2014, 12th November, 2014, 25th November, 2014, 22nd December, 2014, 2nd and 3rd February, 2015, 19th and 20th February, 2015, 16th and 17th

= = = = = = = =

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

= = = = = = = =

ion;
(iv) Finalization of the tax liabilities of the taxpayer within stipulated period of limitation.
1.5 This document lists out the salient aspects of the process related to filing of GST returns.
1.6 There will be common e-return for CGST, SGST, IGST and Additional Tax.
Who needs to file Return in GST regime?
1.7 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.
1.8 UN agencies etc. will have unique GST ID and will file return for the month (in simpler form) during which they make purchases. They would not be required to file regular return. They would submit their purchase statements (without purchase invoices) as per the periodicity prescribed for claim of refund. 6
1.9 Government entities / PSUs , etc. not dealing in GST supplies or persons exclusively dealing in exempted / Nil rated / non -GST goods or services would

= = = = = = = =

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

= = = = = = = =

periodicity of return for different categories of taxpayers is as follows:
S. No.
Return / Ledger
For
To be filed by
1
GSTR 1
Outward supplies made by taxpayer (other than compounding taxpayer and ISD)
10th of the next month
2
GSTR 2
Inward supplies received by a taxpayer (other than a compounding taxpayer and ISD)
15thof the next month
3
GSTR 3
Monthly return (other than compounding taxpayer and ISD)
20thof the next month
4
GSTR 4
Quarterly return for compounding Taxpayer
18thof the month next to quarter
5
GSTR 5
Periodic return by Non-Resident Foreign Taxpayer
Last day of registration
6
GSTR 6
Return for Input Service Distributor (ISD)
15th of the next month
7
GSTR 7
Return for Tax Deducted at Source
10th of the next month
8
GSTR 8
Annual Return
By 31st December of next FY
9
ITC Ledger of taxpayer
Continuous
10
Cash Ledger of taxpayer
Continuous
11
Tax ledger of taxpayer
Continuous
2.2 Other important points relating to periodicity of re

= = = = = = = =

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

= = = = = = = =

he same manner as that of Normal / Regular taxpayers.
(vi) Non- Resident Taxpayers (foreigners) would be required to file GSTR-5 return for the period for which they have obtained registration within a period of seven days after the date of expiry of registration. In case registration period is for more than one month, monthly return(s) would be filed and thereafter return for remaining period would be filed within a period of seven days as stated earlier. For these taxpayers the registration format to be used will be the same as that for UN Bodies/Embassies (Annexure-VI].
(vii) Annual return (GSTR-8) (Annexure-IX) will be filed by all normal / regular taxpayers. It will be based on financial records.
(viii) Compounding taxpayer will also file a simple annual return.
(ix) Cut-off date for filing of details of outward supplies (GSTR-1), inward supplies (GSTR-2) and Monthly return (GSTR-3) would be10th, 15th and 20th day respectively of the succeeding month for all Monthly filers

= = = = = = = =

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

= = = = = = = =

Distributors, non-resident taxpayers (foreigners) and Tax Deductors. The components of each of these return is being discussed hereunder:
3.1. Components of valid GST Return for Outward Supplies made by the Taxpayer (GSTR-1):
3.1.1 This return form would capture the following information:
1. Basic details of the Taxpayer i.e. Name along with GSTIN
2. Period to which the Return pertains
3. Gross Turnover of the Taxpayer in the previous Financial Year. This information would be submitted by the taxpayers only in the first year and will be auto-populated in subsequent years.
4. Final invoice-level supply information pertaining to the tax period separately for goods and services:
(i) For all B2B supplies (whether inter-state or intra-state), invoice level specified details will be uploaded.
(ii) For all inter-state B2C supplies (including to non-registered Government entities, Consumer / person dealing in exempted / NIL rated / non GST goods or services), the suppliers will

= = = = = = = =

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

= = = = = = = =

h certain modifications. The details proposed by this Committee are as follows:-
a) 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 (For the first year of operations of GST, self-declaration of turnover of previous financial year will be taken as the basis as all India turnover data will not be available in the first year. From the 2nd year onwards, turnover of previous financial year under GST will be used for satisfying this condition).
b) For taxpayers with turnover between ₹ 1.5 Crores and ₹ 5 Crores in the preceding financial year, HSN codes may be specified only at 2-digit chapter level as an optional exercise to start with. From second year of GST operations, mentioning 2-digit chapter level HSN Code will be mandatory for all taxpayers with turnover in previous financial year between ₹ 1.5 Crores and ₹ 5.0 Crores.
c) Any t

= = = = = = = =

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

= = = = = = = =

ill be identified through the submission of HSN code for goods and Accounting Code for services. In order to differentiate between the HSN code and the Service Accounting Code (SAC), the latter will be prefixed with “s”. The taxpayers who have turnover below the limit of ₹ 1.5 Crore will have to mention the description of goods/service, as the case may be, wherever applicable.
(v) For all Intra-State B2C supplies (including to non-registered Government entities, consumer / person dealing in exempted / NIL rated / non GST goods or services), consolidated sales (supply) details will be uploaded. However a dealer may at his option furnish invoice wise information in respect of exempted and nil rated supplies also.
(vi) The supply information will also have details relating to the Place of Supply in order to identify the destination state as per the Place of Supply Rules where it is different from the location of the recipient.
(vii) Details relating to supplies attracting Reve

= = = = = = = =

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

= = = = = = = =

e GST Law.
10. There will be a separate table for submitting details in relation to NIL rated, Exempted and Non GST outward supplies to ( both inter-state and intra-state) to registered taxpayers and consumers.
3.1.2 The return (GSTR-1) would be filed by the 10th of the succeeding month. Late filing would be permitted on payment of late fees only.
3.2. Components of valid GST Return for Inward Supplies received by the Taxpayer (GSTR-2):
3.2.1 This return form would capture the following information:
1. Basic details of the Taxpayer i.e. Name along with GSTIN
2. Period to which the Return pertains
3. Final invoice-level inward supply information pertaining to the tax period for goods and services separately
4. The information submitted in GSTR-1 by the Counterparty Supplier of the taxpayer will be auto populated in the concerned tables of GSTR-2. The same may be modified i.e. added or deleted by the Taxpayer while filing the GSTR-2. The recipient would be permitted to add i

= = = = = = = =

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

= = = = = = = =

apital goods in the taxpayer's books of accounts. [GST Law may provide that Input credit pertaining to Capital Goods will be allowed to be availed over a period of 2 years in two equal installments]
9. In respect of inputs, there can be two situations. If inputs are received in one lot, the ITC will be given in the return period in which the purchase is recorded in the books of accounts. In case inputs covered under one invoice are received in more than one instance/lot, the ITC will be given in the return period in which the last purchase is recorded in the books of accounts. (GST Law to contain appropriate provision in this regard). A note in this regard has been incorporated in the Return form for the guidance of the taxpayer.
10. There will be a separate table for submitting the details of revisions in relation to inward supply invoices pertaining to previous tax periods (including post purchase discounts received). This will include the details of Credit/Debit Note issued by t

= = = = = = = =

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

= = = = = = = =

e return (GSTR-2) would be filed by 17th of the succeeding month. Late filing would be permitted on payment of late fees only.
3.3. Components of valid GST Return (GSTR-3):
3.3.1 The GST Monthly Return form would capture the following information:
1. Basic details of the Taxpayer i.e. Name and Address along with GSTIN
2. Period to which the Return pertains
3. Turnover Details including Gross Turnover, Export Turnover, Exempted Domestic Turnover, Nil Rated Domestic Turnover, Non GST Turnover and Net Taxable Turnover
4. Final aggregate level outward and inward supply information. These details will be auto populated from GSTR-1 and GSTR-2.
5. There will be separate tables for calculating tax amounts on outward and inward supplies based on the information contained in various tables in the GSTR-3 return.
6. There will be a separate table for capturing the TDS credit received and which has been credited to his cash ledger (the deductee).
7. Tax liability under CGST, SGST, I

= = = = = = = =

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

= = = = = = = =

us tax heads of CGST, SGST, IGST and Additional Tax separately would be populated from the debit entry in Credit/Cash ledger. GST Law may have provision for maintaining four head wise account for CGST, SGST, IGST and Additional tax and at associated minor heads for interest, penalty, fee and others. Excess payment, if any, will be carried forward to the next return period. The taxpayer will have the option of claiming refund of excess payment through the return for which appropriate field will be provided in the return form. The return form would display all bank account numbers mentioned in the registration, out of which one will be selected by the taxpayer to which the refund will be credited.
14. Details of other payments – Interest/Penalties/Fee/Others, etc. This will be auto populated from the Debit entry in Cash ledger irrespective of mode of filing i.e. online / offline utility.
15. Details of ITC balance (CGST, SGST and IGST) at the end of the tax period will be auto-popula

= = = = = = = =

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

= = = = = = = =

itted by the taxpayer in the annual return. (GST Law may contain appropriate provision in this regard). The format of the annual return would have a suitable field for this purpose.
3.3.2 The return (GSTR-3) would be entirely auto- populated through GSTR-1 (of counterparty suppliers), own GSTR-2, ISD return (GSTR-6) (of Input Service Distributor), TDS return (GSTR-7) (of counterparty deductor), own ITC Ledger, own cash ledger, own Tax Liability ledger. However, the taxpayer may fill the missing details to begin with.
3.3.3 The return would be permitted to be filed both on online and offline mode. In case of offline mode, payment by debit to cash / ITC ledger can be done at an earlier date also and such debit entry number would be verified at the time of uploading of the return. In online mode, both debiting and filing can be done simultaneously.
3.3.4 The return would be filed by 20th of the succeeding month. Late filing would be permitted on payment of late fees only.
3.4 Quarterl

= = = = = = = =

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

= = = = = = = =

ns with respect to the eligibility of such taxpayers to purchase only tax paid supplies and that they can make purchases from unregistered suppliers on payment of GST on reverse charge basis.
3.5 Non-Resident Foreign Taxpayers (GSTR-5):
3.5.1 Non-Resident foreign taxpayers would be required to file GSTR-5 for the period for which they have obtained registration within a period of seven days after the date of expiry of registration. In case registration period is for more than one month, monthly return(s) would be filed and thereafter return for remaining period would be filed within a period of seven days as stated earlier.
3.6 Components of a valid ISD Return (GSTR-6):
3.6.1 This return form would capture the following information:
1. Basic details of the Taxpayer i.e. Name along with GSTIN
2. Period to which the Return pertains
3. Final invoice-level inward supply information pertaining to the tax period separately for goods and services on which the ITC is being claimed. T

= = = = = = = =

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

= = = = = = = =

er i.e. Name along with GSTIN
2. Period to which the Return pertains
3. Details of GSTIN of the Supplier along with the invoices against which the Tax has been deducted. This will also contain the details of tax deducted against each major head i.e. CGST, SGST and IGST.
4. Details of other payments – Interest/Penalties/Fee/Others, etc. (This will be auto populated from the Debit entry in Cash ledger)
3.7.2 This return would be filed by 10th of the succeeding month. Late filing would be permitted on payment of late fees only.
3.8 Steps for Return Filing:
Step1: The taxpayer will upload the final GSTR-1 return form either directly through data entry at the GST Common Portal or by uploading the file containing the said GSTR-1 return form through Apps by10thday of month succeeding the month during which supplies has been made. The increase / decrease (in supply invoices) would be allowed, only on the basis of the details uploaded by the counter-party purchaser in GSTR-2, upto 17th

= = = = = = = =

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

= = = = = = = =

r (supplier) as described in Step 1 and 2 above, provided he is in possession of valid invoice issued by counter-party taxpayer and he has actually received such supplies.
Step 5:Taxpayers will have the option to do reconciliation of inward supplies with counter-party taxpayers (suppliers) during the next 7 days by following up with their counter-party taxpayers for any missing supply invoices in the GSTR-1 of the counter-party taxpayers, and prompt them to accept the same as uploaded by the purchasing taxpayer. All the invoices would be auto-populated in the ITC ledger of taxpayer. The taxpayer would, however, indicate the eligibility / partial eligibility for ITC in those cases where either he is not entitled or he is entitled for partial ITC.
Step 6: Taxpayers will finalize their GSTR-1and GSTR-2 by using online facility at Common Portal or using GSTN compliant off-line facility in their accounting applications, determine the liability on their supplies, determine the amount of el

= = = = = = = =

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

= = = = = = = =

ledger, ITC, tax payment details etc. In such cases, initially a Transaction ID confirming receipt of data will be conveyed to the taxpayer, (as also envisaged in case of filing of short paid / non -paid return). Final acknowledgement of receipt of return will be generated after validation of data is completed, which will also lock-in the Transaction ID.
3.9.2 The acknowledgement of e-return would contain the following details:
(i) Return acknowledgement number (unique number generated by the GSTN), Date and Time
(ii) Transaction ID No., Date and Time
(iii) GSTIN of taxpayer
(iv) Relevant tax period details
(v) Gross Supplies, Taxable Supplies and Tax paid / refund claimed(CGST, SGST, IGST and Additional tax separately) during the Return period
3.10 Contents of Invoice level information:
3.10.1. The following invoice level information would be captured in the return:
1. Invoices pertaining to B2B transactions (Intra-State, Inter-State and supplies to UN organizations/emb

= = = = = = = =

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

= = = = = = = =

mer on record)[only supply transactions]:
A. In respect of invoices whose taxable value is more than ₹ 2.5 lakhs (to enable transfer of funds to respective states):
(i) Invoice Number, Date and value
(ii) HSN Code for goods / Accounting code for services
(iii) Taxable Value
(iv) Tax Rate (IGST and Additional Tax)
(v) Tax Amount (IGST and Additional Tax)
(vi) Buyer's address (State Code)
(vii) Departmental ID allotted by State Government to Government entities / PSUs , etc. not dealing in GST supplies or to persons dealing in exempted / Nil rated / non -GST goods or services
(viii) Place of Supply (State) if different than S. No. (vi) above
B. For invoices whose taxable value is upto ₹ 2.5 lakhs, only aggregated taxable value of all such invoices will be submitted, state-wise and tax rate-wise.
(GST Law may provide for mandatory mention of address of the buyer in every invoice whose taxable value is more than ₹ 50000/-)
3. Invoices pertaining to B2C

= = = = = = = =

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

= = = = = = = =

[only purchase transactions]:
(i) Bill of Entry Number, Date and value
(ii) Assessable Value for IGST
(iii) 8-digit HSN Code for goods
(iv) IGST rate
(v) IGST Amount
(vi) Importer's address (for transfer of IGST) [Will get auto populated in case of registered taxpayer. In case of others, it will have to be provided by them]
These details would be verified from Bill of Entry data available at ICES / ICEGATE.
7. Credit Note / Debit Note [for Sales-Purchase return, Post-sale discount]:
For sale-purchase return, on account of differential value/quantity/tax rates:
(i) Debit / Credit Note Number
(ii) Original Invoice Number and Date
(iii) Taxable Value, Tax Rate and Tax Amount (CGST & SGST or IGST and Additional Tax) ( that is being modified )
The credit/debit note will be reflected in the monthly return in which such notes have been issued.
GST Law may provide the time period within which sales return can be made and the date (invoice date or date of receipt by the b

= = = = = = = =

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

= = = = = = = =

ce received
(v) Tax Rate (CGST and SGST or IGST and Additional Tax)
(vi) Tax Amount (CGST and SGST or IGST and Additional Tax)
10. TDS:
GST law may provide for provision of TDS (Tax Deducted at source) for certain supplies of goods and/or services made to specified categories of purchasers who will be obligated to deduct tax at a certain percentage from the payment due to the suppliers. They will be required to file a TDS return and submit the following details:
(i) GSTIN/GDI of deductor
(ii) GSTIN of deductee/supplier
(iii) Invoice no. with date (iv) TDS Certificate no. with date and value
(v) Taxable value
(v) Rate of TDS for IGST, CGST and SGST as applicable
(vi) Amount of IGST, CGST and SGST as applicable, deducted as TDS
11. ISD:
GST law may retain the concept of Input Service Distributor (ISD). Accordingly, ISDs would be required to file a monthly return and submit the following details:
(i) Details of ISD i.e. GSTIN, name and address
(ii) Details of recip

= = = = = = = =

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

= = = = = = = =

on Center (FC).
3.11.2 At the time of registration, every taxpayer has to enroll with GST Common Portal (GSTN). A unique User-ID and Password will be generated and intimated to the taxpayer. This User-ID and Password shall be used by him for filing the tax return on the Common Portal as well. However, a taxable person may prepare and submit his returns himself or can use services of a TRP. The process for filing return through TRP is given below:
(i) A TRP will have to be chosen by the taxpayer out of TRPs registered with respective State tax authorities/CBEC. (taxpayer will have the option to change TRP any time);
(ii) The TRPs registered with tax authorities will be provided separate user ID and password;
(iii) Using his own user Id and password, the TRP will prepare the return in prescribed format on the basis of the information furnished to him by the taxable person. (The legal responsibility of the correctness of information contained in the return prepared by the TRP will

= = = = = = = =

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

= = = = = = = =

by them.
3.11.3 The return can also be submitted by the taxpayer through any Facilitation Center (FC) approved by the Tax authorities and selected by the taxpayer at GST System. The taxpayer shall make available the requisite documents to the facilitation center. Facilitation Centre (FC) shall be responsible for the uploading of all types of return given to it by the taxable person. After uploading the data on the common portal using the ID and Password of FC, the GSTN system will generate an email/SMS for the taxpayer. The process explained in Para 3.11.2 above will be followed. With e-sign being worked out by Department of Electronics and Information Technology (DEITY), individual signing of return by one-time Digital Signature Certificate (DSC) can also be completed. This will do away with the requirement of print-out of acknowledgement of return proposed earlier based on the current system of ITR filing.
3.11.4 Registration of TRP/FC will be done by CBEC / respective State tax au

= = = = = = = =

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

= = = = = = = =

x credit availed/taken, input tax credit utilized, tax liability created, balance ITC carried forward, tax payments made by debiting the ledgers under respective major tax heads, refund granted and balance in respective cash ledger and credit ledger carried forward [Separate ledger will be maintained for ITC and Cash for each Taxpayer]. The information of Interest on delayed payments, Penalty for legal defaults, Tax Demand as per adjudication/appellate orders, etc. would also be provided. The ledger will also give the status of the tax dues or excess payment on any given date. Thus such ledger would have eight pages and cash ledger would have 20 pages.
3.11.9 A return related liability should mean the tax liability for the transactions (including credit/debit notes) of the return period and the additional liability arising out of any ITC reversal or late inclusion of the supply in the return period. Arrears pertaining to audit/reassessment/enforcement outcomes would be handled separat

= = = = = = = =

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

= = = = = = = =

to be issued / issued. The interest, if applicable will be auto populated.
3.13 Non-filing, late-filing and short-filing of return
A. Non-Filers & Late-Filers
In case of failure by the taxpayer to submit periodic returns, a defaulter list will be generated by the IT system by comparing the return filers with the registrant database. Such defaulter list will be provided to the respective GST Authorities for necessary enforcement and follow up action.
GST Common Portal can auto generate and send the notice to all non-filers (being done by many State VAT authorities) in the form of email and SMS. Jurisdictional tax authorities can get the same printed and dispatch such notices. The details of non-filers shall be made available on the dash board of jurisdictional officers. GST Law may also provide for imposition of automatic late fees for non-filers and late filers which can also be in-built in the notices.
B. Short-Filers
As per the requirement of the IGST model, Return should be a

= = = = = = = =

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

= = = = = = = =

payers:
Casual/Non-Resident Taxpayers should file GSTR-1, GSTR-2 and GSTR-3 for the period for which they have obtained registration within a period of seven days after the date of expiry of registration. In case registration period is for more than one month, monthly return(s) would be filed and thereafter return for remaining period would be filed within a period of seven days as stated earlier.
5 Annual Return (GSTR-8):
5.1 All the Normal taxpayers would be required to submit Annual Return. This return to be filed annually is intended to provide 360 degree view about the activities of the taxpayer. This statement would provide a reconciliation of the returns with the audited financial statements of the taxpayer.
5.2 This return is a detailed return and captures the details of all the income and expenditure of the taxpayer and regroups them in accordance with the monthly returns filed by the taxpayer. This return also provides for the reconciliation of the monthly tax payments an

= = = = = = = =

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

= = = = = = = =

ed under section 44AB of Income Tax Act 1961. Currently this limit is ₹ 1 Crore.
5.4 Consolidated statement of purchases and supplies based on monthly returns filed by the taxpayer can be made available to taxpayers by GSTN common portal as a facilitation measure for enabling him to prepare annual return.
5.5 The format of Reconciliation statement would be finalized after finalization of GST Model law.
6 Processing of Return:
After the GST Return has been uploaded onto the GST Common Portal, the Portal will undertake the following activities:
(i) Acknowledge the receipt of the return filed by the taxpayer after conducting required validations.
(ii) Acknowledgement number would be issued as per procedure detailed in Para 3. 9 above.
(iii) Once a return is acknowledged, forward that GST Return to tax authorities of Central and appropriate State Govt. through the established IT interface.
(iv) The ITC claim will be confirmed to purchasing taxpayer in case of matched invo

= = = = = = = =

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

= = = = = = = =

etary
Department of Revenue
Government of India
ANNEXURE-I
LIST OF PARTICIPANTS OF THE MEETING HELD ON 9TH OCTOBER, 2015
Government of India
1. Smt. Rashmi Verma, Special Secretary (Revenue), Government of India
2. Shri Udai Singh Kumawat, Joint Secretary (Revenue), Government of India
3. Shri Manish Saxena, Additional Director, Directorate General of Systems, Government of India
4. Shri Shashank Priya, ADG, DG (GST), CBEC, Government of India
5. Shri Upender Gupta, Commissioner, GST, CBEC, Government of India
6. Shri G.D. Lohani, Commissioner, CBEC, Government of India
7. Shri Rajeev Yadav, Director (Service Tax), CBEC, Government of India
8. Shri Ravneet Singh Khurana, Deputy Commissioner, CBEC, Government of India
9. Shri Vishal Pratap Singh, Deputy Commissioner (GST), CBEC, Government of India
10. Smt. Aarti Saxena, Deputy Secretary (State Taxes), Government of India
11. Shri Tshering Y. Bhutia, Assistant Secretary, Department of Revenue, Government of India
States

= = = = = = = =

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

= = = = = = = =

Commissioner, Commercial Tax, Madhya Pradesh
16. Shri Niten Chandra, Commissioner, Commercial Tax, Odisha
17. Shri Dipankar Sahu, Deputy Commissioner(IT&P), Commercial Tax, Odisha
18. Shri K. Sridhar, Deputy Commissioner, Commercial Tax, Puducherry
19. Shri Pawag Garg, Additional Commissioner, Excise & Taxation, Punjab
20. Shri Dinesh Chandra Rakhecha, Assistant Commissioner, Commercial Tax, Rajasthan
21. Shri K. Rajaraman, Principal Secretary/Commissioner, Commercial Taxes, Tamil Nadu
22. Shri D. Soundraraja Pandian, Joint Commissioner (Taxation), Commercial Taxes, Tamil Nadu
23. Shri K. Chandrasekhar Reddy, Additional Commissioner, Commercial Tax, Telangana
24. Shri Rakesh Verma, Joint Commissioner, Commercial Tax, Uttar Pradesh
25. Shri Vivek Kumar, Additional Commissioner, Commercial Tax, Uttar Pradesh
26. Shri N.C. Sharma, Additional Commissioner, Commercial Tax, Uttarakhand
27. Shri Khalid Aizaz Anwar, Joint Commissioner, Commercial Tax, West Bengal
Goods and Service

= = = = = = = =

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

= = = = = = = =

p;……..
(S. No. 1 and 2 will be auto-populated on logging)
3. Gross Turnover of the taxpayer in the previous FY………………..
(To be submitted only in first year. To be auto populated in subsequent year)
4. Period: Month…………. Year ………
5. Taxable outward supplies to a registered person
(figures in Rs)
GSTIN/UIN
INVOICE
IGST
CGST
SGST
Addl TAX
(POS) only if different from the location of receipient
Indicate if supply attract reverse charges
No.
Date
Value
HSN/SAC
Taxable value
Rate
(7)
Amt
(8)
Rate
(9)
Amt
(10)
Rate
(11)
Amt
(12)
Rate
(13)
Amt
(14)
(15)
(16)
(1)
(2)
(3)
(4)
(5)
(6)
* As per Para 3.1 (4) (iii) of the return report
# Not applicable to services and intra-state & specified inter-state supplies of goods
$ To be filled only if a supply attracts reverse charge
Notes:
1. SAC to be different from HSN (may be prefix 'S')
2. Taxpa

= = = = = = = =

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

= = = = = = = =

ish the details of nil rate and exempted supplies in this Table
7. Taxable outward supplies to consumer (Other than 6 above)
(Figures in Rs)
HSN/SAC
STATE CODE (PLACE OF SUPPLY)
AGGREGATE TAXABLE VALUE
IGST
CGST
SGST
Addl Tax
RATE
AMT
RATE
AMT
RATE
AMT
RATE
AMT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
* As per Para 3.1 (4) (iii) of the return report
# Not applicable to services and intra-state & specified inter-state supplies of goods
Notes:
1. SAC to be different from HSN (may be prefix 'S')
2. Taxpayer has the option to furnish the details of nil rate and exempted supplies in this Table
8. Details of Credit/Debit Notes
(figures in Rs)
DEBIT NOTE/ CREDIT NOTE
ORIGINAL INVOICE
DIFFERENTIAL VALUE (PLUS OR MINUS)
DIFFERENTIAL TAX
NO.
DATE
NO.
DATE
IGST
CGST
SGST
ADDL TAX
RATE
AMT
RATE
AMT
RATE
AMT
RATE
AMT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
Debit Note
Credit Note
# Not applicable to se

= = = = = = = =

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

= = = = = = = =

r
intrastate supplies to consumer
* If the details of “nil”” rated and “exempt” supplies have been provided in Table 5,6 and 7, then info in column (3) may only be furnished. 11. Supplies Exported (including deemed exports)
11. Supplies Exported (Including Deemed Exports)
(Figures In Rs)
INVOICE
SHIPPING BILL/BILL OF EXPORT
IGST
CGST
SGST
NO.
DATE
VALUE
HSN/SAC
TAXABLE VALUE
NO
(6)
DATE
(7)
RATE
(8)
AMT
(9)
RATE
(10)
AMT
(11)
RATE
(12)
AMT
(13)
(1)
(2)
(3)
(4)
(5)
Without payment of GST
With payment of GST
* As per Para 3.1 (4) (iii) of the return report
12. Tax liability of amount received in advance against a supply to be made in future
(figures in Rs)
GSTIN/UID/GDI NAME OF CUSTOMER
STATE CODE
HSN/SAC OF SUPPLY TO BE MADE
AMOUNT OF ADVANCE RECEIVED WITHOUT RAISING A BILL
TAX
IGST
CGST
SGST
Addl Tax
RATE
TAX
RATE
TAX
RATE
TAX
RATE
TAX
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
* As per Para 3.1 (4) (iii

= = = = = = = =

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

= = = = = = = =

System of Nomenclature for goods
SAC: Service Accounting Code
GDI: Government department unique ID where department does not have GSTIN
POS: Place of supply of goods or services – State Code to be mentioned
ANNEXURE-III
GSTR-2
[To be furnished by the 15th of the month]
[Not to be furnished by compounding taxpayer /ISD]
Note:
1. Auto-population would be done, on the basis of GSTR1 of counter-party supplier, on or after 11th of succeeding month.
2. Addition of invoices / debit note / credit note, not submitted by counter-party supplier, would be permitted between 12th to 15th of succeeding month.
3. Adjustments would be permitted on 16th and 17th of succeeding month.
4. Further the other details that are not auto-populated, i.e. import of services, eligibility of ITC and quantum thereof and purchases from unregistered taxpayer shall be furnished.
INWARD SUPPLIES/PURCHASES RECEIVED
1. GSTIN……….. …
2. Name of taxpayer……&he

= = = = = = = =

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

= = = = = = = =

last lot is received and recorded in the books of accounts.
5. Goods /Capital goods received from Overseas (Import of goods)
(figures in Rs)
BILL OF ENTRY
IGST
ELIGIBILITY FOR ITC (SELECT FROM DROP DOWN)
TOTAL IGST AVAILABLE AS ITC
ITC AVAILABLE THIS MONTH
NO
DATE
VALUE
HSN/SAC
TAXABLE VALUE
RATE
(6)
AMT
(7)
(8)
(9)
(10)
(1)
(2)
(3)
(4)
(5)
Input
Capital Goods
None
As per Para 3.1 (4) (iii) of the return report
6. Services received from a supplier located outside India (Import of services)
(figures in Rs)
INVOICE
IGST
ITC Admissibility
NO
DATE
VALUE
SAC
TAXABLE VALUE
RATE
AMT
TOTAL ITC Admissible
ITC Admissible this month
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
7. Details of Credit/Debit Notes
(figures in Rs)
DEBIT NOTE/CREDIT NOTE
ORIGINAL INVOICE
DIFFERENTIAL VALUE (PLUS OR MINUS)
DIFFERENTIAL TAX
ELIGIBILITY FOR ITC (select from drop down as in table 5 above
Total IGST AVAILABLE AS ITC
ITC AVAILABLE THIS MONTH
NO
DATE
N

= = = = = = = =

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

= = = = = = = =

s
(figures in Rs)
HSNCODE/ SAC CODE
Value of supplies received form
Compounding dealer
(3)
Unregistered dealer
(4)
Any exempt supply not included in table 4 above
(5)
Any nil rated supply not included in table 4 above
(6)
Non GST Supply
(7)
(1)
(2)
Inter state supplies
Intra state supplies
10. ISD credit received
(figures in Rs)
GSTIN_ISD
INVOICE/ DOCUMENT DETAILS
ISD CREDIT
NO
DATE
IGST
CGST
SGST
(1)
(2)
(3)
(4)
(5)
(6)
11. TDS Credit received
(figures in Rs)
GSTIN/GDI OF TDS DEDUCTOR
TDS CERTIFICATE
TDS
IGST
CGST
SGST
NO
DATE
RATE
TAX
RATE
TAX
RATE
TAX
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
12. ITC Received on an invoice on which partial credit availed earlier
(figures in Rs)
ORIGINAL INVOICE/DOC
ITC AVAILED
NO
DATE
IGST
CGST
SGST
EARLIER
THIS MONTH
EARLIER
THIS MONTH
EARLIER
THIS MONTH
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Usual declaration
Signature of Authorized Person
ANNEXURE-IV
GSTR-3
GST RETURN

= = = = = = = =

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

= = = = = = = =

ntra-State Supplies to Registered taxpayers (Auto populated from GSTR-1)
(figures in Rs)
RATE OF TAX (RATE WISE INCLUDING NIL, EXEMPT AND NON GST)
VALUE
CGST
SGST
(1)
(2)
(3)
(4)
Goods
Services
Note: To be auto-populated from Table 5 plus Table 8 plus Table 10 of GSTR-1
6.3 Inter-State Supplies to Consumers (Auto populated from GSTR-1)
(including unregistered Government Departments / persons dealing in exempted / NIL rated/ non GST goods or services )
(figures in Rs)
STATE CODE
RATE OF TAX (RATE WISE INCLUDING NIL, EXEMPT AND NON GST)
VALUE
IGST
ADDITIONAL TAX
(1)
(2)
(3)
(4)
(5)
Goods
Services
Note: To be auto-populated from Table 6 plus Table 7 plus Table 8 plus Table 10 of GSTR-1
6.4 Intra-State Supplies to Consumers (Auto populated from GSTR-1)
(figures in Rs)
RATE OF TAX (RATE WISE INCLUDING NIL, EXEMPT AND NON GST)
VALUE
CGST
SGST
(1)
(2)
(3)
(4)
Goods
Services
Note: To be auto-populated from Table 7 plus Table 8 plus Table 10 of GSTR-1

= = = = = = = =

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

= = = = = = = =

supplies received (Auto-populated from GSTR2)
(figures in Rs)
(figures in Rs)
STATE CODE
RATE OF TAX (RATE WISE INCLUDING NIL, EXEMPT AND NON GST
VALUE
IGST
CGST
SGST
(1)
(2)
(3)
(4)
(5)
(6)
Goods
Capital Goods
Services
Note: To be auto-populated from Table 4 plus Table 7 plus Table 9 of GSTR-2
7.2 Intra-State supplies received (Auto populated from GSTR -2)
(figures in Rs)
RATE OF TAX (RATE WISE INCLUDING NIL, EXEMPT AND NON GST)
VALUE
CGST
SGST
ITC-CGST available in current month
ITC-SGST available in current month
(1)
(2)
(3)
(4)
(5)
(6)
Goods
Capital Goods
Services
Note: To be auto-populated from Table 4 plus Table 7 plus Table 9 of GSTR-2
7.3 Imports (Auto populated from GSTR -2)
(figures in Rs)
Assessable Value
IGST
ITC-IGST available in current month
(1)
(2)
(3)
(4)
Goods_inputs
Capital Goods
Services
Note: To be auto-populated from Table 5 plus Table 6 of GSTR-2
7.4 Revision of purchase invoices pertaining to previous tax pe

= = = = = = = =

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

= = = = = = = =

ved during the month (auto populated from ITC Ledger)
(figures in Rs)
IGST
CGST
SGST
RATE
TAX
RATE
TAX
RATE
TAX
(1)
(2)
(3)
(4)
(5)
(6)
11. Tax, fine and penalty paid (auto-populated from cash and ITC ledger)
(figures in Rs)
S.NO.
DESCRIPTION
IGST
CGST
SGST
Addl Tax
(1)
(2)
(3)
(4)
(5)
(6)
1.
ITC Reversal paid (on account of adjustments)
2.
ITC Reversal paid (on account of mismatch)
3.
Interest
4.
Tax for previous tax periods
5.
Tax for current tax period
6.
Late fee
7.
Penalty
Debit Nos in Ledger
*
In cash ledger
2.
In ITC Ledger
12. Refunds claim of excess ITC in specified cases and excess tax paid earlier
CGST
SGST
IGST
(1)
(2)
(3)
(4)
Refund of ITC accumulation claimed in specified cases
Refund of excess amount of tax paid earlier
Refund from cash ledger
Bank Account number
*This should be one of the bank accounts mentioned in the GSTIN
Usual declaration
Signatures of Authorized Person
TAX Liability Ledger (Au

= = = = = = = =

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

= = = = = = = =

(selection)
Refund from cash ledger
Closing Balance
ITC LEDGER (updated on real time)
(figures in Rs)
CGST
SGST
IGST
Addl Tax
Total
(1)
(2)
(3)
(4)
(5)
(6)
Opening Balance
ITC Availed
(including revision in invoices)
Input
Capital goods
Services-received directly
Mismatch credit claimed
Disputed credit claimed
Credit claimed by a taxpayer on becoming regular taxpayer
Any other ITC claimed(please specify)
Credit utilized
ITC Reversal(On account of adjustment)
ITC Reversal(On account of mismatch)
ITC Revision for any reason
ITC Disallowed
Interest Liability related to Returns of Previous Tax Period
Tax liability of earlier tax periods
Tax payment for the month[selection]
ITC_ refund under process/refund allowed
Other tax liability paid
Closing Balance
ANNEXURE-V
GSTR-4
Quarterly Return for Compounding Dealer
(To be furnished by 18th of the month succeeding the quarter)
1. GSTIN ……………………&he

= = = = = = = =

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

= = = = = = = =

Value
HSN/SAC
TAXABLE VALUE
Rate
Amt
(1)
(2)
(3)
(4)
(5)
(6)
(7)
*at 8-digit level
7. Services received from a supplier located outside India (Import of services)
(figures in Rs)
INVOICE
IGST
No
Date
Value
SAC
Assessable Value
Rate
Amt
(1)
(2)
(3)
(4)
(5)
(6)
(7)
* As per Para 3.1 (4) (iii) of the return report
8. Outward Supplies made
(figures in Rs)
S.NO.
NATURE OF SUPPLIES
AMOUNT
(1)
(2)
(3)
1.
Intra-State supplies
2.
Non GST Supplies
3.
Exports
9. Tax Payable
(figures in Rs)
IGST
CGST
SGST
Compounding Tax
(1)
(2)
(3)
(4)
(5)
Tax Payable as per return
Interest Payable for delayed payment of Tax
Fees for late filing of return
Others
Total
# Tax paid in respect of supplies attracting reverse charge and those received from unregistered traders
10. Details of Tax Payment
(figures in Rs)
Cash Ledger Debit Entry No.
Date
IGST
CGST
SGST
Compounding Tax
(1)
(2)
(3)
(4)
(5)
(6)
11. Are you likely to cross compositio

= = = = = = = =

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

= = = = = = = =

SAC
TAXABLE VALUE
Rate
Amt
Rate
Amt
Rate
Amt
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
* As per Para 3.1 (4) (iii) of the return report
7. ITC availed on inputs and input services
(figures in Rs.)
S.No.
GSTIN, of supplier
INVOICE
IGST
CGST
SGST
No.
Date
Value
HSN/SAC
TAXABLE VALUE
Rate
Amt
Rate
Amt
Rate
Amt
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
* As per Para 3.1 (4) (iii) of the return report
8. Tax paid
(figures in Rs.)
DESCRIPTION
TAX PAYABLE(Table 6)
ITC utilized
Tax paid in cash (after adjusting ITC)
(1)
(2)
(3)
(4)
IGST
CGST
SGST
Total
9. Closing stock of Goods
S.No.
DESCRIPTION OF GOODS
HSN
UQC
QUANTITY
VALUE(RS.)
(1)
(2)
(3)
(4)
(5)
(6)
As per Para 3.1 (4) (iii) of the return report
Usual Declaration
Signature
ANNEXURE-VII
GSTR-6
RETURN FOR INPUT SERVICE DISTRIBUTOR
(To be furnished by 15th of the month)
(To be furnished by Input Service Distributor)
1.

= = = = = = = =

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

= = = = = = = =

uted
CGST
SGST
IGST
(1)
(2)
(3)
(4)
(5)
(6)
6. ISD Ledger
(figures in Rs)
CGST
SGST
IGST
TOTAL
(1)
(2)
(3)
(4)
(5)
Opening Balance
ITCs received
ITC Reversal
ITC Distributed
Closing Balance
*To be auto-populated from table No.4 above
Usual Declaration
(Signatures of Authorized Person)
ANNEXURE-VIII
GSTR-7
TDS Return
(To be furnished by 10th of the month)
(To be furnished by person liable to deduct TDS)
1. GSTIN/GST TDS IN: ………………..
2. Name of dedutor : ………………..
(S.No. 1 and 2 will be auto-populated on logging)
3. Return period: Month……………….. Year………………..
4. TDS details
(figures in Rs.)
GSTIN OF SUPPLIER
INVOICE
CIN No. vide which TDS Paid
TDS_LGST
TDS_CGST
TDS_SGST
TDS_All Taxes
No.
Date
Value
Rate
Amt
Rate
Amt
Rate
Amt
Rate
Amt
(1)
(2)
(3)
(4)
(5)
(6)

= = = = = = = =

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

= = = = = = = =

ellip;
5. Details of expenditure:
(a) Total value of purchases on which ITC availed (inter-State)
Goods
SI. No.
DESCRIPTION
HSN CODE
UQC
QUANTITY
TAX RATE
TAXABLE VALUE
IGST Credit
Additional Tax Paid
Services
SI. No.
DESCRIPTION
Accounting Code
TAX RATE
TAXABLE VALUE
IGST Credit
b) Total value of purchases on which ITC availed (intra-State)
Goods
SI. No.
DESCRIPTION
HSN CODE
TAXABLE VALUE
TAX RATE
TAX
CGST
SGST
CGST
SGST
Services
SI. No.
DESCRIPTION
SAC
TAXABLE VALUE
TAX RATE
TAX
CGST
SGST
CGST
SGST
C) Total value of purchases on which ITC availed (Imports)
Goods
SI. No.
GOODS
HSN CODE
TAX RATE
FOB VALUE
IGST
CUSTOM DUTY
Services
SI. No.
SERVICES
SAC
TAX RATE
FOB VALUE
IGST
(d) Total value of supplies on which no GST Paid (Exports)
Goods
SI. No.
GOODS
HSN CODE
TAX RATE
FOB VALUE
Services
SI. No.
SERVICES
SAC
TAX RATE
FOB VALUE
(e) Value of Other Supplies on which no GST paid
SI. No.
GOODS/SERVICES
VALUE
(f)

= = = = = = = =

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

= = = = = = = =

Report of the Joint Committee on Business Processes for GST- Payment

Report of the Joint Committee on Business Processes for GST- Payment
GST
Dated:- 12-10-2015

INTRODUCTION
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 Sub-Group-I on Business Processes for GST and make suitable recommendations for Payment and Return to the Empowered Committee. Accordingly, a Joint Committee, in consultation with the Government of India, was constituted on 7th April, 2014 (Annexure-I). The Committee held its deliberations on 28th October, 2014, 12th November, 2014, 25th November, 2014, 22nd December, 2014, 2nd and 3rd February, 2015, 19th and 20th February, 2015 and 16th and 17th April, 2015.
2. The Joint Committee on Business Processes for GST held on 2nd February, 2015, it was decided to constitute a sub-committee

= = = = = = = =

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

= = = = = = = =

Joint Committee was attended by the officers as listed in Annexure III.
4. In modern day taxation regime, every transaction of the tax payer with the tax administration should be transparent, responsive and simple. It has been experience of tax administrations that more the system and procedures are made electronic more is the efficiency of tax administration and greater is the satisfaction of taxpayer. In this context, payment system of GST should also be based on Information Technology which can handle both the receipt and payment processes.
5. The objectives of this report are as under:
a) Highlight key issues in tax collection, collation, remittance and reporting of tax collection into Government account;
b) Need for a uniform system of banking arrangements for collection, remittance and reporting of GST to both Central and State Governments;
c) Proper accounting and bank reconciliation of taxes derived from basic data of payments made by taxpayers to banks, with the requi

= = = = = = = =

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

= = = = = = = =

, anywhere mode of payment of tax;
c) Convenience of making payment online;
d) Logical tax collection data in electronic format;
e) Faster remittance of tax revenue to the Government Account;
f) Paperless transactions;
g) Speedy Accounting and reporting;
h) Electronic reconciliation of all receipts;
i) Simplified procedure for banks;
j) Warehousing of Digital Challan.
8. With the above features in mind the following three modes of payment are proposed:
a) Payment by taxpayers through Internet Banking through authorized banks and through credit card/debit card;
(Section 45 of RBI Act, 1934 permit banks other than RBI to be appointed as agency banks for carrying out government business. Agency banks are permitted to both receive and make payments on behalf of the Government and therefore act as Banker to respective governments. However, authorized banks are only permitted to receive payment of GST on behalf of the Government, and keeping this distinction in view, the

= = = = = = = =

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

= = = = = = = =

ld gradually move to internet payment over an indicative time frame.
10.  The Committee recommends that RBI should play the role of an aggregator through its e-Kuber system. Such role will facilitate participation of larger number of banks in GST receipts enhancing convenience for the tax payers and provide single source of information for credit of the receipts to Government accounts and thereby simplifying accounting and reconciliation tasks. In case of any discrepancy found during the reconciliation by the Accounting Authorities, they would directly interact with RBI. Joint CGA suggested that as per the provisions of Section 20 of the RBI Act, 1934 in the proposed scenario, RBI would be the sole banker to the Governments. RBI, on the other hand, has indicated that Section 20 and Section 45 of the RBI Act, 1934 are not mutually exclusive and therefore there would not be any conflict in the role envisaged for the RBI in the proposed model.
11. Each of the above modes is discuss

= = = = = = = =

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

= = = = = = = =

stakeholders will pay a key role in establishing an effective e-payment network in the proposed GST scenario:
a) GSTN (Goods and Service Tax Network);
b) e- FPBs (Electronic Focal Point Branches) of authorized banks;
c) e-Kuber of RBI;
d) Central Accounts Section (CAS) of RBI, Nagpur;
e) e-PAOs (Electronic Pay and account Offices) / e-Treasuries of State Governments;
f) Pr. CCA, CBEC (Principal Chief Controller of Accounts) / Accountant General of the States;
g) Tax authorities of Centre and States.
Process involved in e-payment of GST:
13. Every tax payer who wants to avail the facility of e-payment will access GSTN for generation of the Challan through which payment is to be made. The following methods for creation of draft challan for GST payments are recommended:
a) By Registered tax payer or his authorized person by logging on to GSTN Common Portal where basic details (such as name, address, email, mobile no. and GSTIN) of the tax payer will be auto populated in

= = = = = = = =

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

= = = = = = = =

per the directions of the tax authority using the GSTIN (like the present provision under Service tax). In this method, GSTN would provide for a validation check (like CAPTCHA) so that challan can be created by a person and not by machine.
14. The issue whether challans should have provision for entering jurisdictional location ( e.g. Commissionerate, division and range) was discussed in detail and it was decided that the same will not be mentioned in the challan. Instead, the Tax authorities would send the Taxpayers updated master data to GSTN as well as to Accounting Authorities. The incremental changes in the said master would also be sent on real time basis by the Tax authorities to GSTN and Accounting authorities. As challan would not have a jurisdictional location code, the Accounting Authorities would use the TAXPAYER Master received from Tax authorities for mapping the challans with the Jurisdictional PAOs / tax authorities' offices by having a suitable mapping mechanism.
15.

= = = = = = = =

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

= = = = = = = =

ed, it will be frozen and will not be allowed to be modified. The CPIN/challan so generated would be valid for a period of seven days. In case of payment through Mode III, CPINs would remain live with RBI for a period of 30 days. GSTN would purge all unused CPINs on the day immediately after the date on which the validity period is over (i.e. 7 days if Mode I or II is selected and 30 days if Mode III is selected for payment). At the end of each day (EOD), GSTN would send all the CPINs generated on that day to the Accounting authority of the Centre and to those accounting authorities of the states that so desire. The suggested format of the challan is appended at Annexure – IV which is a common format for all three modes of payment. Since the challan would be prepared electronically, chances of errors will be minimal. However to deal with challan correction in exceptional circumstances, a challan correction mechanism, prepared in consultation with the office of Pr. CCA, CBEC is detailed

= = = = = = = =

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

= = = = = = = =

The taxpayer can choose any of the gateways available on the portal for making the payment. The exact charge should be calculated separately by the gateway service provider. The gateway provider should collect this amount separately over and above the challan amount. The challan amount should be fully credited to respective Government accounts maintained with the authorised bank (acquiring bank for CC/DC payments), while the gateway charges should be retained back by the gateway provider. The Government/GSTN should procure the payment gateway services from the authorised banks (or their SPVs) through an appropriate competitive process to keep the charge rates low. The Committee also deliberated the issue of charge back claims in case of credit card based payment, and felt that the possibility of such claims on payments to the government is minimal and manageable, especially in view of implementation of two-step authentication norm by the banks. In addition, the taxpayer would be requir

= = = = = = = =

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

= = = = = = = =

erify the card details and debit the challan amount and additional gateway charges from the card holder. The Payment Gateway service providers are expected to build their interface with GSTN common portal to capture challan amount breakup in terms of CGST, IGST, Additional Tax and SGST. Along with the interface, associated accounts for CGST, IGST, Additional Tax and state-wise accounts for SGST should be created by the Authorized banks associated with the gateway service providers. The breakup received from GSTN common portal will be used to credit the amounts received under respective accounts created for the purpose. The Committee noted that in respect of credit card payments, presently the acquiring bank is permitted to transfer the amount to the merchant on T+3 basis. Thus there may arise some situations where the taxpayers account has been debited on T+0 basis whereas Government's account in authorised bank would be credited on T+3 basis. It was informed by RBI that this time coul

= = = = = = = =

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

= = = = = = = =

for debiting the total tax amount and authorize the payment. While making the payment, the bank will display the breakup of total amount payable into CGST, IGST, Additional Tax and SGST and seek confirmation from the user. No change in the break up as well as the total amount would be allowed on the Bank's portal. In case the user wants to change the break up or the total amount, he should abort the transaction and go back to GSTN portal from the bank's portal and reinitiate the process.
21. After the successful completion of a transaction, e-FPB of the concerned bank will create a unique Challan Identification Number (CIN) against the CPIN. This will be a unique 17-digit number containing 14-digit CPIN generated by GSTN for a particular challan and unique 3-digit Bank code (MICR based which will be communicated by RBI to GSTN). The incorporation of the date of payment in the CIN may be examined from the IT's perspective. This CIN, as a combination of CPIN and Bank Code, will be repo

= = = = = = = =

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

= = = = = = = =

same. If a response (positive or negative) is not received by GSTN within the stipulated period (few minutes), there would be a feature in GSTN to re-ping the bank system and seek a response against CPIN. There may be a scenario in which the internet banking transaction is successful, but the connection drops before the control comes back to GSTN portal, and the re-ping facility will help in finding the status of such transactions.
23. Upon receipt of confirmation from the bank regarding successful completion of the transaction, GSTN will inform the relevant tax authorities about payment of taxes. A copy of the paid challan (downloadable/printable) with auto-populated CIN, date and time of payment and a statement confirming receipt of the amount by the bank will be provided to the taxpayer by GSTN.
24. Thereafter the tax paid challan (CIN) will be credited to the tax ledger account of the taxpayer. It was discussed and agreed by the Committee that there would be 20 ledger accounts (o

= = = = = = = =

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

= = = = = = = =

aining RBI's scroll number for taxpayer would also be provided;
e) Information to the respective Tax Authorities on real time basis for each successful transaction reported by banks. The communication at this stage may contain a minimal set consisting of GSTIN, CIN (i.e. CPIN + Bank Code), BRN(s), Challan amount, break-up of the amount into CGST, IGST, Additional Tax and SGST and date of payment;
f) At EOD, GSTN will also send the details of CPIN generated for the particular day to the Accounting Authority of the Centre (to facilitate estimation of revenue and fund management) and to such State accounting authorities that may so desire;
g) On T+1 morning, GSTN will generate a consolidated file containing a summary as well as entire details of the challans for which successful transactions were reported by the banks on real time basis for the date value of T=0 (for this purpose, daily transactions would include transactions from 20:01 hrs on previous day to 20:00 hrs in the curren

= = = = = = = =

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

= = = = = = = =

d in the CIN, received by GSTN from Bank on real time basis, is credited in the cash ledger of the taxpayer, GSTN will lock that CIN to prevent its further usage;
k) Purge all unused CPINs after the expiry of seven days in case of Mode I & II / 30 days in case of Mode III;
l) Receive TAXPAYER master as well as updates thereto from the respective Tax Authorities on real time basis.
e- FPBs (ELECTRONIC FOCAL POINT BRANCHES) OF AUTHORIZED BANKS:
26. There would be a single e-FPB for each Authorized bank for the entire country. It will perform the following role:
a) Each e-FPB will open a major head wise (CGST, IGST, Additional Tax and SGST) account of each government (total 39 accounts) to which the remittances received by it would be credited. Currently, the Constitutional Amendment Bill states that the Additional Tax will be collected by Centre and assigned to States. If this arrangement is continued, the e-FPB will maintain one account for Additional Tax for Centre. A Committe

= = = = = = = =

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

= = = = = = = =

the file, it may be broken up into different parts with each part being numbered uniquely and also mentioning the total number of parts of that file;
d) In the morning of each day (T+1), each e-FPB will also forward the daily luggage file mentioned above to accounting authorities of the Centre and the respective State, in case their accounting authorities so desire, so that they can independently monitor delayed remittances, if any, from the banks to the Government account in RBI;
e) On the first day of every month, e-FPB will provide Datewise Monthly Statements (DMS) for each tax and government separately to RBI for the preceding month with following details:
i) Name of Tax;
ii) Government Name;
iii) Datewise number of successful transactions and total credit reported to RBI; and
iv) List of discrepancies remaining unresolved at the end of the report month (MOE UIN, CIN, BRN, Amount, Nature of discrepancy).
These statements will be simultaneously communicated to the res

= = = = = = = =

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

= = = = = = = =

uthority of Centre (e-PAO) / each State (e-Treasury) and GSTN simultaneously. Daily Major head account-wise scroll from RBI will consist of following information:-
(i) Merchant Code given to GSTN;
(ii) Scroll Number and Date;
(iii) Name of Government to which the scroll pertains;
(iv) CIN;
(v) GSTIN;
(vi) BRN;
(vii) RBI Transaction Number;
(viii) Mode of payment;
(ix) Tax amount;
(x) Control parameters like total transaction, Total Amount in the scroll, etc.
c) If any discrepancy is reported by Accounting Authority or GSTN, it would carry out the correction mechanism with the authorized bank and thereafter report the corrected data to respective Accounting Authority and GSTN.
d) RBI will consolidate Datewise Monthly Statements (DMS) received from the banks for each tax and government, validate the consolidated statements (39) with reference to its own data of e-scrolls reported during the report month, have a systemic review of unresolved discrepancies and communi

= = = = = = = =

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

= = = = = = = =

hi itself. The State governments will need to establish their e-PAOs / e-Treasuries (proposed Central Accounting Unit in the RBI Report of 2014). The following functions will be performed by e-PAOs/e-Treasuries:
a) At EOD, the Central Accounting Authority and those State accounting authorities that so desire will receive details of CPIN generated by GSTN for the particular day. (Centre's accounting authorities require this to facilitate estimation of revenue and fund management);
b) Each morning (T+1), e-PAOs / e-Treasuries will receive from GSTN a consolidated file of entire details of the challans (including CIN) for which successful transactions were reported by the banks to GSTN on real time basis for the previous day;
c) Each morning (T+1), e-PAOs for CGST, IGST & Additional Tax and e-Treasuries of the State Government will get consolidated transaction level digitally signed daily e-scrolls from RBI (along with all the challan details) pertaining to the successful transactio

= = = = = = = =

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

= = = = = = = =

able mapping mechanism. This is a requirement of the Government of India for determining revenue from each formation. States may also follow a similar procedure, if they so desire;
h) They will also provide CIN wise payment / challan details to the respective Tax Authorities daily or periodically as per requirements / norms of their governments for departmental reconciliation and for updating Tax Authorities database that the tax amount has been accounted in the government's books. Accounting Authorities should provide their accounting reference number (in Government of India, CIN is used for this purpose; some State Governments seem to be generating their own accounting reference number) for each challan accounted by them along with the tax amount as per the credit accounted by them to the jurisdictional Tax Authorities for reconciling their records.
i) They will provide verified Datewise Monthly Statement (DMS) to Pr. CCA, CBEC (Principal Chief Controller of Accounts) and Account

= = = = = = = =

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

= = = = = = = =

rized banks might be asked as to whether they would be able to scroll these OTC payments through e-FPBs. This was discussed and RBI's representative assured that the scrolling by e-FPBs of OTC payments in one scroll would be ensured. The authorized banks will be required to establish / upgrade their IT software for accepting GST receipts.
33. The following stakeholders will play a key role in establishing an effective OTC payment system in the proposed GST scenario:
a) GSTN;
b) Branches of Authorized Banks;
c) e-FPBs of Authorized banks;
d) e-Kuber of RBI;
e) e- PAOs of Centre / e-Treasuries of State Governments;
f) Pr. CCA, CBEC / Accountant General of the States;
g) Tax authorities of Centre and States.
Process involved in Over the Counter payment of GST through authorized banks:
34. Every tax payer who wants to avail the facility of OTC payment (only for paying tax upto Rs. 10,000/- per challan), will access GSTN for generation of a challan through which payment is

= = = = = = = =

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

= = = = = = = =

of taxes. The challan so generated will have a Unique Common Portal Identification Number (CPIN), assigned only when the challan is finally generated, that will help the portal and other authorities in identifying the challan. After the challan is generated, it will be frozen and will not be allowed to be modified. The CPIN / challan so generated would be valid for a period of seven days within which payment is to be tendered. GSTN will inform the challan details including validity period to the CBS (Core Banking System) of the selected bank on a real time basis.
36. Upon successful saving of the challan details, the challan will be available on the dashboard of the taxpayer in downloadable/printable form. So the taxpayer can either download the challan form and print it offline or can print the challan directly from GSTN. If the payment is made by cheque or DD, the challan itself would have a disclaimer that the payment is subject to realization of cheque or DD.
37. Thereafter taxpa

= = = = = = = =

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

= = = = = = = =

as per details in challan (CPIN Data)]. However RBI representatives observed that since there would be real-time sharing of data between GSTN and Agency Banks, the details would be available to the bank official before submission of the challan by the customer. In such a situation, GSTN would have already shared the break-up of the total amount to the bank and the bank needs to credit the same in the appropriate head. The internal Accounting mechanism of bank may be left to the bank to design, as the requirement here is the proper booking and reporting of the transaction which banks would have to ensure. It was decided that those banks need not operate a GST pool account which can credit the amount in the respective tax accounts 'on the fly'.
38. There should be a linkage between the GSTN and the Core Banking System (CBS) of the authorized banks whereby the details of challan are shared with the Authorized bank selected by the tax payer on real time basis so that they can be stored in

= = = = = = = =

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

= = = = = = = =

ot be allowed to accept OTC payments. The minimum requirements to be met by the banks for being authorized to accept GST receipts for all modes including OTC mode are detailed in para 85 below.
40. The cashier / teller will verify the details of challan, payment instrument and amount provided by the taxpayer with those displayed in his system and should accept the receipt only when no discrepancy is found. If the challan has crossed its validity period of seven days, the bank's system itself should bar acceptance of the payment. In any case, the challan would also not be available in the GSTN and consequently in the bank's system because it would have been purged from the System by GSTN upon the expiry of the 7 day validity period.
41. The tax payer may make payment by cash or instruments drawn on the same bank or on some other bank in the same city. In case of cash payments or same bank instruments, the payment would be realized immediately and a transaction number (BTR/BRN) and CIN

= = = = = = = =

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

= = = = = = = =

p and a stamp to the effect that the acknowledgment by the bank is subject to realization of the cheque / DD. The tax-payer need not visit the bank again to get CIN as the same will be communicated to him from GSTN as per the process detailed in para 47 & 48 below. However, if he does not receive any communication from GSTN within 3 days, he should visit the bank to ascertain the status of his payment.
44. Where the instrument is drawn on another bank, there should be a validation in the bank's system to prevent out station cheques (except those payable at par across cities), and to also prevent deduction of commission charges for instruments drawn on another bank in the same city.
45. The Authorized Bank would send the instrument for collection and the transaction would be treated as complete and successful only after the actual receipt of the amount by the said bank.
46. The bank will inform GSTN on real time basis in two stages. First when an instrument is given OTC. At this stag

= = = = = = = =

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

= = = = = = = =

n para 46 above with three additional details:
a) CIN;
b) Date of Realization of Cheque;
c) Time of realization of cheque;
d) Bank Transaction Number (BRN/BTN).
On receipt of the second message, GSTN would send a SMS to the tax payer, in addition to updating the status of the payment on its portal.
48. This 2 stage intimation by authorized banks is recommended for the following reasons:
a) Keep a watch on delays on the part of authorized banks in realization;
b) Maintaining a system based control as all branches of authorized banks will be allowed for OTC.
49. On receipt of the real time information for a successful transaction as per para 41 above (cash, cheque on same bank or DD) or receipt of the second message from Bank as per para 47 above (cheque drawn on another bank), the tax paid challan will be credited to the tax ledger account of the taxpayer. If the OTC payment was subject to realization (para 46), the initial status on the dashboard will state so. If the ch

= = = = = = = =

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

= = = = = = = =

ystem as and when the response is received. Such recording should be system based rather than manual and include realization or dishonouring of the cheque, as the case may be, so that the IT software can take up further action including intimation to GSTN on real time basis;
d) Credit the realized amount into either GST pool account, if so, maintained by the authorized bank (in its e-FPB) and thereafter transfer the said amount into the individual tax head accounts as indicated in the challan (all Authorized banks must develop a suitable GST software for this purpose) or to credit the amount directly to the respective government's account (39 accounts).
e) In case the instrument is dishonoured, the presenting bank should inform GSTN.
52. It is to be noted that banks will have to develop a mechanism/IT application where all these amounts tendered at individual branches of an authorized bank are only handled through the e-FPB of that authorized bank. This is because the tax accounts

= = = = = = = =

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

= = = = = = = =

re that CPIN number is correctly mentioned in NEFT / RTGS message. The Committee recommends that this mode being a new mode of remittance should be scaled up gradually starting with a pilot run by RBI. It was informed by RBI that a detailed process flow could be worked out with specific provisions for validations. RBI further informed that this concept was being tested in Karnataka and this experience would be further used for developing this mode of payment. NEFT / RTGS mandate would have the same validity period of seven days as the CPIN and the date upto which it would remain valid would be printed on it. The Committee observed that in this mode of payment, it would not be possible to automatically ensure that a CPIN was not used beyond its validity period of 7 days. It was decided that CPIN once generated and intimated by GSTN to RBI in this mode though will have a validity period of 7 days but would remain live with RBI for a period of 30 days. In case the payment is received afte

= = = = = = = =

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

= = = = = = = =

uire the Central and the State Governments to create accounts with non-authorized banks also which will not be desirable.
Process involved in payment through NEFT / RTGS from any Bank (including other than authorised banks):
55. Every tax payer who wants to avail the facility of payment through NEFT/RTGS mode will access GSTN for generation of a challan through which payment is to be made.
56. Upon creation of the draft challan, the taxpayer will fill in the details of the taxes that are to be paid. As agreed by the RBI representative, RBI would itself be the recipient of the amount transferred through NEFT / RTGS, thus eliminating the need for a link-up first with an authorized branch to receive the payment and thereafter its transfer to the RBI. RBI would thus perform the role of Authorized bank and that of e-FPB in this mode of payment. In this view, the name of the authorized bank will be auto populated as RBI. As a part of the challan preparation, a tax payer will have to choo

= = = = = = = =

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

= = = = = = = =

ls, the challan will be available on the dashboard of the taxpayer in downloadable / printable form. So the taxpayer can either download the challan form or print it offline or can print the challan directly from GSTN.
58. Besides the generation of challan, GSTN will also generate NEFT / RTGS mandate form in prescribed format. The CPIN generated at the portal shall be incorporated in NEFT/RTGS mandate form in “Account Name” field. RBI would provide for suitable validations for this field. The “Sender to Receiver” field shall carry the entry “GST Payment”. In case of NEFT / RTGS payments, there shall also be a disclaimer on the challan copy and the mandate form that the payment through NEFT / RTGS is a transaction between the tax payer and his bank and the payment will be deemed to be received by the government only when the amount is credited to the designated account in RBI. The payments in this mode would be permitted only against cheques and no cash payments would be permitted to i

= = = = = = = =

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

= = = = = = = =

in this mode would be permitted only against cheques and no cash payments would be permitted to initiate NEFT / RTGS transaction. NEFT/RTGS mandate would have validity period of CPIN printed on it. As already mentioned above, there should be a provision in GST law whereby any taxpayer using this mode beyond the validity period (seven days) of the CPIN more than twice would be barred from availing this facility by GSTN.
61. GSTN will inform RBI on real time basis the following details:
a) CPIN;
b) GSTIN;
c) Challan Amount;
d) Break Up of the Amount into CGST, IGST, Additional Tax and SGST;
e) State/UT Government to which SGST remittance pertains.
62. The accepting bank should add its charges for doing NEFT / RTGS remittance and collect gross amount from the customer. The amount indicated as GST amount for remittance should be transferred by the remitter bank to the designated account of the government in RBI. For the proper identification of the transaction, there should be

= = = = = = = =

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

= = = = = = = =

essage, it will link up the payment with the CPIN earlier received from GSTN and report the transaction to GSTN on real time basis through an electronic string which will contain the following details:
a) CIN (CPIN and Bank Code of RBI);
b) GSTIN;
c) Challan Amount;
d) BRN of RBI;
e) Unique Transaction Reference (UTR);
f) Time of Payment;
g) Date of Payment.
65. Upon receipt of the electronic string regarding successful completion of the transaction by GSTN, the tax paid challan will be credited to the cash ledger of the taxpayer. The GSTN will thereafter lock the CIN so that it cannot be used again.
66. As recommended in para 58 above, the Mode III may be implemented with arrangement of CPIN being mentioned as the “Account Name” in NEFT/RTGS message. RBI will provide for a suitable validation for this field. In such arrangement, the chances of error will be only marginal as the remitter banks take care to mention the account name correctly in any NEFT/RTGS message. In

= = = = = = = =

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

= = = = = = = =

s mentioned above, that payments in cash would not be accepted for initiating NEFT / RTGS transaction.
68. The Committee deliberated the need for a pooled GST account. Based on inputs provided by RBI, a receiving account is necessary for NEFT/RTGS process. Therefore, a pooled GST account as an operational necessity will have to be opened in RBI. This account may be opened in the name of the Accounting Authority of the Government of India solely for the operational reasons as a transit account. There should be a validation in RBI system that no funds pertaining to the transactions with date value T=0 are left in this account when the scroll is prepared on T+1.
69. If the matching based on CPIN does not succeed, the role of UTR as secondary matching identifier becomes important. However, it is possible that RBI may receive NEFT/RTGS message even before the tax payer updates his challan with UTR number and GSTN informs RBI on real time basis. In case of failure of CPIN based matching an

= = = = = = = =

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

= = = = = = = =

orities of Government of India can account such amount under a separate suspense sub-head (possibly receipts awaiting transfer i.e. RAT).
71. In all such cases of CGST credits with “CPIN mis-match”, the tax payer will not get a confirmation SMS from GSTN and his ledger will not reflect the payment. He can be expected to provide UTR at this stage. Once the UTR becomes available, GSTN should carry out the matching with CPIN, and communicate following details to the Accounting Authorities of Government of India and concerned State Government.
a) RBI scroll number and date which carried the credit (CGST scroll);
b) BRN;
c) CIN (of credit to CGST account with “CPIN mis-match” flag);
d) Challan amount;
e) Breakup of total amount in CGST, IGST, Additional Tax and SGST;
f) Name of State Government to whom SGST pertains.
72. Based on the communication from GSTN, CGST Accounting Authorities shall take steps for clearing the suspense sub-head by transferring the credit to CGST, IGST

= = = = = = = =

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

= = = = = = = =

nique Transaction Reference (UTR)] to RBI.
RBI performing functions akin to authorized banks:
76. RBI's role for the Mode III will be akin to that of authorised banks for other modes, i.e, RBI will be the bank which will receive the funds directly from a taxpayer's account in a pooled account. It should be possible to have a suitable IT system which will carry out CPIN or UTR based matching (as detailed in para 66 above) for each NEFT/RTGS receipt and credit the remittance to a specially created pooled GST account and thereafter transfer it to the respective tax accounts of each government.
77. Once the remittances are received by RBI, it will perform the following functions:
a) RBI will receive and validate the NEFT/RTGS transaction against the Challan details received by it;
b) RBI would communicate the receipt of payment (CIN) to GSTN on real time basis;
c) On first day of every month, RBI as e-FPB will provide Datewise Monthly Statements (DMS) for each tax and government

= = = = = = = =

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

= = = = = = = =

ide for this mode i.e. payment across departmental counters. It was also stated that taxpayers have been provided various other modes to facilitate anytime, anywhere payment and this mode would be retrograde especially when e-payment is being declared as the preferred mode of payment. However, the departmental officers will accept the deposit of taxes during the course of enforcement and anti-evasion investigations including by flying squads, etc. While doing so, if the concerned person is not already registered, the departmental officer will create a temporary GSTIN on the GSTN common portal. For this purpose, GSTN will provide a separate module and a GSTIN series for giving temporary GSTIN. The officer will collect the amount in respect of all types of taxes payable by him in cash/cheque/DD from the said person, issue a temporary receipt to him, generate the challan from GSTN, fill up the challan (at a later stage, if not possible at that time) and remit the amount using Mode2. GSTN

= = = = = = = =

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

= = = = = = = =

naccurate reporting and delayed settlement of taxes is already in place in the case of Direct Taxes and the same may be put in place in GST regime. It is further recommended that a framework of desired features and validations at Banks for collection of taxes under GST regime should be devised by RBI in consultation with the Accounting Authorities. Any bank found not having built capabilities to adhere to the framework, should not be allowed to collect GST receipts. Due care should be taken so that discontinuities arising from manual interventions in the banks' internal processes are removed. The Committee also recommends that, over a long term, Accounting Authority should develop a service quality rating for the participating banks based on identified transparent and quantifiable parameters.
BANKING ARRANGEMENTS UNDER GST:
80. At present Central Government and each State Finance Department prescribes banking arrangements for collection of government taxes. At present, Central and S

= = = = = = = =

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

= = = = = = = =

ervention for data entry, funds flow and exchange of data.
83. It is also noted that a participating bank in the current context has limited mandate for tax receipts as compared to that of an authorized bank. The mandate of participating banks, though essentially agents of RBI, is limited to acceptance of tax receipts through internet banking mode only. Whereas, authorized banks have a broader mandate of accepting government receipts through both internet banking mode and physical mode (OTC) of Cash, DD and Cheques, in addition to mandate of making government payments. In order to give a broader choice to the tax payers, and hence to enhance ease of doing business, it is recommended that the participating banks can also be allowed to accept GST receipts through OTC mode envisaged in this report.
84. Out of the superset of existing authorized banks and participating banks only those banks should be authorized to accept GST receipts who meet the minimum requirements suggested below. Th

= = = = = = = =

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

= = = = = = = =

T system should have the ability to receive challan data and to communicate successful remittances on real time basis to GSTN portal for both modes.
h) The collation of data and reporting to GSTN portal and to RBI should be system based and not require manual operations.
i) The standards of communication prescribed by RBI (ISO 20022) should be followed.
j) There should be an upfront (before being authorized) as well as periodic audit of the IT system and the centralized application for handling GST receipts. The system audit should cover operational, technical and security aspects as per terms of reference and periodicity set by GSTN in consultation with Accounting Authorities.
k) One branch of the concerned authorized bank in the entire country should be established / designated as the e-FPB (Electronic Focal Point Branches) to handle all backend operations of GST receipts including operation of 39 tax accounts, data collation, reporting and reconciliation with RBI / GSTN / Ac

= = = = = = = =

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

= = = = = = = =

SGST account for each State / UT Government), a common pooled account for cheque/Draft and CC/DC payments should be set up and operated by e-FPB ( but not required by those banks who can credit the amount 'on the fly').
q) As a part of the daily consolidated but transaction level report of successful receipts in each government account to RBI, there should be an assurance that all transactions credited to respective CGST, IGST, Additional Tax and SGST Accounts are being reported to RBI and no balances are left in these accounts meant for cheque realization. RBI will need to build a similar assurance for NEFT/RTGS remittances.
r) Suitable validations prescribed by GST Law should be inbuilt in the IT system / GST application. Some of such validations will pertain to non-acceptance of outstation cheques and non-deduction of cheque collection charges for OTC receipts, and mark up and collection of CC/DC charges (to be agreed) from tax payers.
86. It was agreed that the minimum standar

= = = = = = = =

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

= = = = = = = =

ds, wherever required, to account for various taxes.
90. There is a need to standardize these accounting codes for all items covered under GST regime among all the States and UTs, since settlement of IGST would be based on centralized reporting. SGST will be accounted for by the States and credited to individual State Treasuries, through the existing system followed in each State. SGST will not be reflected in accounts of the Central Government.
91. There may be cases of mis-classification and erroneous scrolling under Major Heads of accounts which may lead to less or excess revenue settlements between the Centre and State(s). To deal with such transactions, detailed accounting procedures should be designed. It is recognized that it is IT system issue, and not an accounting issue. The debit from tax-payers account should result in auto-credit to respective accounts of Government of India and the concerned State Government. Except in case of remittance through any authorized bank incl

= = = = = = = =

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

= = = = = = = =

id amount along with related bifurcations of nature of tax liability, such as, Interest, Penalty, Fees, other charges, etc. Presently, the Tax Payment Challan information forms the basis of accounting and reconciliation between the banks, RBI, Tax authorities and Accounting authorities of the Centre/States/UTs. A list of sample tax accounting codes under GST is proposed in the table below:-
S. No.
Type of Tax Liability
Sample Accounting Code
1
CGST – Tax
00010001
2
CGST – Interest
00010002
3
CGST – Penalty
00010003
4
CGST – Fees
00010004
5
CGST – Other
00010005
6
IGST – Tax
00020001
7
IGST – Interest
00020002
8
IGST – Penalty
00020003
9
IGST – Fees
00020004
10
IGST – Other
00020005
11
SGST- Tax
00030001
12
SGST – Interest
00030002
13
SGST – Penalty
00030003
14
SGST – Fees
00030004
15
SGST – Other
00030005
16
Additional Tax – Tax
00040001
17
Additional Tax – Interest
00040002
18
Additional Tax – Penalty
00040003
19
Additional

= = = = = = = =

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

= = = = = = = =

l process discontinuities in banks, RBI and common portal should eliminate/reduce possibilities of errors. However, there may still be reconciliation challenges arising due to errors encountered during the stabilization phase of the IT systems of the stakeholders and their mutual functional integration. Even in the post stabilization phase, some errors may be seen due to problems external to the IT systems, e.g., in the public network used for sharing the data. A process and standard operating procedure for handling the errors, if they arise, will have to be established, as multiple agencies would be handling funds and related information pertaining to different governments.
98. The proposed GST payment process envisages a paradigm shift from the processes and validations currently being used for payment of taxes to the Government. This shift is aimed at establishing a convenient, consistent and efficient payment process for the tax payers as well as for the 37 governments simultaneou

= = = = = = = =

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

= = = = = = = =

by it from another agency earlier in the work-flow chain, and thereafter pass on the data to the agency next in the chain.
e) RBI will play the role of the aggregator for flow of funds as well as information from the banks.
f) GSTN will have the primary anchor position in the payment process with responsibility for information flow to various agencies whereas RBI will have the primary anchor's role in relation to funds flow, information flow about receipts and correction of discrepancies noticed during reconciliation process.
g) e-Scroll from RBI will be the basis for accounting, reconciliation and other incidental activities to be carried out by the accounting authorities of both Centre and States.
100. In view of these fundamental changes, the key Id for information exchange with banks and RBI should use the unique Id generated by GSTN, i.e., CPIN. Once the payment has been made by the taxpayer and CIN is generated and reported by the recipient bank along with its transaction

= = = = = = = =

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

= = = = = = = =

y out the reconciliation between those scrolls and the consolidated challan files communicated to the Accounting Authorities earlier in the day. The discrepancies should be communicated by GSTN to the Accounting Authorities and RBI simultaneously on the same day. The purpose of this reconciliation is to assist those Accounting Authorities who may not have IT systems to carry out transaction level reconciliation in an automated manner, and to identify systemic and service level issues for taking up with the authorized banks and RBI.
102. The role of GSTN in the reconciliation process should be limited to the above set of activities. GSTN should not be expected to take up MOE process for any error type as that is fairly resource intensive, requires manual appreciation of facts and is time consuming. The transaction level resolution of discrepancies through the Memorandum of Error (MOE) process with RBI and banks should be the responsibility of the respective Accounting Authorities.
Rec

= = = = = = = =

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

= = = = = = = =

ies. There is a scope of error occurring at each leg of communication. The process for reconciliation of such errors in each leg of communication is discussed in succeeding paras.
First leg of communication of data (CPIN linked to a GSTIN) starts from GSTN to Authorized banks:
105. If the data forwarded by GSTN (CPIN linked to a GSTIN) itself has an error then this error will be reflected in all the later transactions. So significance of accuracy of this data cannot be overemphasized. It would be important for GSTN to maintain a robust system for maintaining data integrity and keeping the data error free by having suitable validations at the time of creation of CPIN. Key elements here are CPIN and GSTIN.
Second leg of communication of data (CIN with embedded CPIN) starts from Authorized banks / RBI to GSTN (T=0):
106. This communication is not meant to be the basis for accounting, but act as an enabler to reduce errors in the overall process and to facilitate fleet-footed monitorin

= = = = = = = =

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

= = = = = = = =

an amount in case of RBI. This validation between CPIN available with GSTN and CIN received from e-FPB of authorized banks / RBI should be done on real time basis and the discrepancies, if found should be communicated to the concerned banks immediately by GSTN's IT system so as to enable time to the banks for correction, if possible, before communicating the receipts to RBI on T+1 basis.
108. The validation by GSTN may throw up following discrepancies in the transaction being reported (with CIN added by the bank) by e-FPB of authorized bank / RBI:
a) without CPIN;
b) with incorrect CPIN;
c) with challan amount mismatch.
109. In all these cases, the resolution at e-FPB may require manual intervention. The bank may resend the data to GSTN after correction. If the bank is unable to resolve by T+1 reporting time to RBI, the bank should include the transaction in the luggage file with whatever CPIN data it may have for that transaction. It will be type (c) error in the third leg.
T

= = = = = = = =

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

= = = = = = = =

) will be initiated after they receive their respective files (Government of India authorities will receive three files while State Authorities will receive a file each). Errors in this leg of communication would be detected at this stage. Various situations that can be envisaged in this leg are as follows:
a) Transaction reported to GSTN by authorized banks but not to RBI (CIN reported to GSTN but not included in luggage file):
111. To prevent/minimize this type of error, the bank's IT system should have a validation that all credits to the Tax accounts for the date value being the previous day should get reported to RBI in the luggage file. This discrepancy will be detected at the stage when GSTN and Accounting Authorities compare the challan data (CIN ) of the day received from authorized banks with the e-scroll of the corresponding date received from RBI on T+1 basis. If GSTN detects such a discrepancy, it will communicate the same to the relevant Accounting Authority and RBI. On

= = = = = = = =

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

= = = = = = = =

orized bank for resolution (Accounting Authorities of the Centre and States will have to initiate MOE in respect of their respective taxes) (This may be on the basis of discrepancy detected and communicated by GSTN or by the Accounting Authorities themselves);
iii) RBI to ascertain from e-FPB of the concerned authorized bank / RBI and get the discrepancy corrected. E-FPB of the concerned Authorized bank / RBI must rectify this discrepancy within a period of two days from the date of receipt of MOE from the Accounting Authority;
iv) Rectification by the concerned e- FPB / RBI will be by way of identifying the missing transaction, putting it in a separate luggage file containing the UIN of the relevant MOE and then transmitting the same to RBI;
v) RBI will send a separate e-scroll relating to MOE to the concerned Accounting Authority containing the missing transaction;
Points at iv) and v) are design issues, which can be decided by GSTN in consultation with RBI. The reporting by

= = = = = = = =

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

= = = = = = = =

basis to GSTN. This discrepancy may however arise due to communication failure even after the prescribed rounds of pinging.
113. This discrepancy can arise in other modes of payment (Mode II and III), because the payment cycle is not a single workflow, is spread over a longer period of minimum two days and requires participation of various banking officials even though the entire cycle is supposed to be done on the IT system customized for GST payments.
Such a discrepancy will be detected by GSTN when it undertakes a reconciliation of the challan details (CIN) of a day available with it with the e-scroll of the same day received from RBI on T+1 basis. In such cases, the correction mechanism will involve the following steps:
i) If CPIN and associated data reported in the scrolls received from RBI matches with GSTN's CPIN data, GSTN can forward the entire challan details of that CPIN to the concerned Accounting Authorities with a copy to Tax Authorities. There will not be any need fo

= = = = = = = =

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

= = = = = = = =

a copy to e-FPB of the concerned authorized bank. (The Accounting Authorities will identify the concerned bank on the basis of bank code contained in the CIN reported against the successful CPIN in the e-scroll received from RBI).
c) Transaction reported to RBI but with incorrect details of CIN (CIN level mismatch):
114. This kind of error can be minimized through suitable validations in the bank's IT system. If the error still occurs, it will be noted when the scroll data is processed by GSTN / Accounting Authorities. Even if the error gets noticed earlier as mentioned in para 109 above but remains unresolved till the time of reporting to RBI on T+1 basis, the bank should report the transaction to RBI with whatever CIN data it has received from the e-FPB of authorized bank. The bank should not hold back any balance in the tax accounts beyond the reporting time to RBI in respect of transactions of the previous day. When such unresolved transaction is reported to RBI, it should carry

= = = = = = = =

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

= = = = = = = =

uthorities will play a crucial role as they are statutorily responsible not only for proper accounting of money but also for its credit into the correct government account. This discrepancy will be ascertained by the Accounting Authorities while carrying out reconciliation between the challan data obtained from GSTN on T+1 basis (detailing major heads) and e-scroll (for each major head separately) received from RBI. Steps involved in the correction mechanism are as follows:
i) The relevant Accounting authority would generate MOE with UIN and communicate the same to RBI. Accounting Authorities of the Centre and States will have to initiate MOE in respect of their respective taxes;
ii) RBI to ascertain from e-FPB of the concerned Authorized bank / RBI (in case of Mode III) and get the discrepancy corrected within a time period of 2 days from the receipt of MOE from the Accounting Authorities;
iii) E- FPB of the concerned Authorized bank / RBI would verify the details in the CIN tra

= = = = = = = =

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

= = = = = = = =

stem at two ends. In this scenario the taxpayer has properly paid taxes into the government account through authorized / non-authorized banks but the same has neither been reported to GSTN nor to RBI thereby in effect eliminating the transaction from the system itself. So it is crucial that suitable protocol should be developed for dealing with this kind of errors. It has to be kept in mind here that CPIN generated at GSTN has a validity period of only 7 days within which the payment is to be tendered. This error cannot be ascertained on the basis of any reconciliation as there will not be any flow of information from authorized banks / RBI. The error will be noticed only when the taxpayer on not receiving a credit confirmation SMS from GSTN or not finding the credit in his ledger inform GSTN. Steps involved in correction are:
i) In case of OTC payment through authorized banks in cash or by instruments drawn on the same bank, taxpayer will be provided with an instantaneous acknowledg

= = = = = = = =

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

= = = = = = = =

is receipt in the luggage file for the day for transmission to RBI.
iii) In case of OTC payment through banks via NEFT/RTGS, upon successful completion of the transfer at the end of the bank, the taxpayer will get a receipt detailing Unique Transaction Reference (UTR). Taxpayer can thereafter login into GSTN and update the details of UTR provided by the bank for NEFT/RTGS transaction in the challan. GSTN is expected to communicate the UTR to RBI. In case the CIN is not communicated by RBI, GSTN will now take up the matter with RBI (instead of with authorized bank) in the manner detailed in sub para i) above. RBI is now expected to include this receipt in the e-scroll for the day, if NEFT/RTGS remittance was received. If the remittance was not received, RBI will inform GSTN accordingly. In turn, the tax payer will be intimated by GSTN for taking up the matter with his bank (through which NEFT / RTGS was effected by him) for deficiency of service.
f) Sum total of amount for a CIN repo

= = = = = = = =

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

= = = = = = = =

allowed to adjust the excess amount against future receipts.
Fourth leg of communication of data is between RBI and GSTN & Accounting Authorities:
120. RBI is collating luggage files from e-FPBs of various authorized banks, including amount received by it in Mode III and thereafter generating and transmitting e-scrolls Major head wise to Government of India and SGST (state wise). During collation of the data, an error can creep into e-scroll resulting in missing / additional transaction. Since there is simultaneous flow of information to two different agencies i.e. GSTN and Accounting Authorities, following situations may arise:
a) Transaction reported to GSTN by e-FPB of authorized banks but not by RBI in its e-scroll (CIN level);
b) Transaction reported by RBI in its e-scroll but not by e-FPB of authorized bank / RBI to GSTN (CIN level);
c) Transaction reported by RBI but with incorrect details of CIN (CIN level);
d) Sum total of the amount for CIN reported to RBI is lesse

= = = = = = = =

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

= = = = = = = =

State Government (some governments have that practice) should be communicated by the Accounting Authorities to the Tax Department's system for updating the records, which would finally contain following unique Ids for each receipt:
a) CIN;
b) GSTIN;
c) Bank Transaction Number (BRN);
d) RBI Transaction Number;
e) Accounting Entry ID Number/confirmation flag.
The presence of all the above mentioned five fields would constitute the assurance for credit to the government account with RBI, and the reconciliation and accounting in the government books.
Challan Correction Mechanism:
123. In view of the presumptions listed above, the requirement of providing for a challan correction mechanism would be minimal though not completely ruled out. The Committee recommends for providing the correction mechanism in following situations:-
a) ERROR IN GSTIN: This may happen in situations where the payment of tax is being made by either authorized representative such as CA or any other per

= = = = = = = =

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

= = = = = = = =

and tax administration should have no role to play in this matter.
b) ERROR IN MAJOR HEAD: In such a scenario, the bank though has collected the correct amount but has credited the wrong head of tax account. This would impact the transfer of funds to the account of the respective governments as bank has transferred the funds on the basis of the data not detailed in CPIN. Thus bank would be required to withdraw funds from one account and credit the other account(s). It is proposed to permit banks to rectify such error before the end of the day during which the amount has been received by the bank as at the end of the day, the amount would have been credited in respective government accounts and thereafter the same would also have been accounted by Accounting Authorities of the Centre and State. No correction in the challan data is required even in this case. If the error is noted after reporting of the credit on T+1 basis, the normal MOE process should be used.
c) ERROR IN TOTAL AMO

= = = = = = = =

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

= = = = = = = =

In the GST regime, the existing practice of entry of challan data at the bank branch level will be dispensed with as the challan would be shared on real time basis from the GSTN portal to the CBS of the authorized bank / RBI indicated in the challan.
127. Central Government Accounts (Receipt and Payment) Rules, 1983 provides for submission of Challan in form GAR 7 along with the payments to facilitate the Pay and Accounts Officer to classify the receipts accurately in his accounts. The form will need to be suitably modified for use in the electronic systems envisaged for GST payments. Almost all the information currently required in GAR 7 has been provided in proposed GST challan form. However, as discussed in para 14 above, the jurisdictional location code will not be available in the challan and the same would need to be mapped with the help of the backend system of each tax administration.
(Satish Chandra)
Member Secretary
Empowered Committee of State Finance Ministers
(Rashmi

= = = = = = = =

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

= = = = = = = =

ith the following members:
Government of India
(1) Smt. Rashmi Verma, Additional Secretary (Revenue) Co-convener
(2) Shri P.K. Mohanty, Joint Secretary (TRU-I)
(3) Shri M. Vinod Kumar, Joint Secretary (TRU-II)
(4) Shri J.M. Kennedy, Director (TRU-II)
(5) Director/Deputy Secretary holding the charge of State Taxes Section
States Government
(1) Dr. J.B. Ekka, Commissioner of Taxes, Assam
(2) Shri Prashant Goyal, Commissioner, Trade & Taxes, Delhi
(3) Shri H.V. Patel, Commissioner, Commercial Tax, Gujarat
(4) Shri Sudhir Rajpal, Commissioner, Excise & Taxation, Haryana
(5) Shri Kifayat Hussain Rizvi, Commissioner, Commercial Tax, J&K
(6) Shri Ajay Seth, Commissioner, Commercial Tax, Karnataka
(7) Shri Shyam Jagannathan, Commissioner, Commercial Tax, Kerala
(8) Shri Amit Rathore, Commissioner, Commercial Tax, Madhya Pradesh
(9) Dr. Nitin Kareer, Commissioner, Sales Tax, Maharashtra
(10) Shri Abhishek Bhagotia, Commissioner, Commercial Tax, Meghalaya
(11) Shri Manoj Ahuja

= = = = = = = =

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

= = = = = = = =

./A.O., Empowered Committee of State Finance Ministers
 
Annexure-II
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, vatcouncil@gmail.com
No.15/45/EC/GST/2015/20
Date: 3rd February, 2015
SUB-COMMITTEE ON PAYMENT PROCESSES UNDER GST
During the meeting of the Joint Committee on Business Processes for GST held on 2nd February, 2015, it was decided that a Sub-Committee should be constituted to consider the Report of the Committee for Finalizing Payment Processes under GST and to give its recommendations for the consideration of the Joint Committee on Business Process for GST. Accordingly, a Sub-Committee consisting of the following officers was constituted:
Government of India
1.
Shri Shashank Priya, Commissioner, GST Cell, CBEC,
Government of India
Co-convener
2.
Shri Upender Gupta, Additional Commissioner, CBEC Government of India
Member
3.
Shri Manish

= = = = = = = =

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

= = = = = = = =

members of the Sub-Committee are requested to kindly make it convenient to attend the meeting of the Sub-Committee. They are also requested to intimate their travel programme to Shri Ritvik Ranjanam Pandey, Commissioner Commercial Tax, Karnataka (Tel: 080-22264495, Fax: 080-22263595 and e-mail: ritvik@gov.in) so that necessary arrangements for their boarding, lodging and transport could be made under intimation to the Empowered Committee.
Sd/-
(Satish Chandra)
Member Secretary
Empowered Committee of
State Finance Ministers
Copy to:
Additional Secretary (Revenue), Government of India with the request to kindly request RBI, Principal Chief Controller of Accounts, CBEC and Controller General of Accounts to nominate suitable officers to attend the meeting in Bangalore and subsequent meeting of the Joint Committee on Business Process for GST, when the Business Process for payment is considered by the Committee.
Copy to: All the members of the Sub-Committee
Copy also to:
Adviser/O

= = = = = = = =

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

= = = = = = = =

ommissioner, Commercial Tax, Gujarat
6. Shri Riddhesh P. Raval, Assistant Commissioner, Commercial Tax, Gujarat
7. Shri Shyamal Misra, Commissioner, Excise & Taxation, Haryana
8. Shri Hanuman Singh, Additional Commissioner, Excise & Taxation, Haryana
9. Shri Zaffar Ahmad Bhat, Commissioner, Commercial Tax, Jammu & Kashmir
10. Dr. Shamim Ahmad, Additional Commissioner, Commercial Taxes, Jammu & Kashmir
11. Shri Ritvik Ranjanam Pandey, Commissioner, Commercial Tax, Karnataka
12. Dr. M.P.Ravi Prasad, Joint Commissioner, Commercial Tax, Karnataka
13. Shri M. Girees Kumar, Commissioner, Commercial Tax, Kerala
14. Shri M.I. Mansur, Assistant Commissioner, Commercial Tax, Kerala
15. Shri Sudip Gupta, Deputy Commissioner, Commercial Tax, Madhya Pradesh
16. Shri Rajiv Jalota, Commissioner, Sales Tax, Maharashtra
17. Shri P. Velrasu, Special Commissioner, Sales Tax, Maharashtra
18. Shri Manoj Ahuja, Commissioner, Commercial Tax, Odisha
19. Shri Sahadev Sahoo, Joint Commissioner, Co

= = = = = = = =

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

= = = = = = = =

yagi, Chief Controller of Accounts, CBEC
2. Alok Kumar Verma, Controller of Accounts, CBEC
CGA
1. Shri Chandan Mishra Dwivedi, Deputy Comptroller and General of Accounts
RBI
1. Shri G. Sreekumar, CGM, RBI
2. Shri Manish Parashar, Deputy GM, RBI
Empowered Committee of State Finance Ministers
1. Shri Satish Chandra, Member Secretary, Empowered Committee
2. Shri Bashir Ahmed, Adviser, Empowered Committee
PWC
1. Shri Kalyan K. Pal, PWC
Annexure V
Issue of charge back in CC/DC Payment
1. Under the charge back claim, a taxpayer after making payment through credit card may seek refund of the money till 60 days of the transaction. Usually such refunds can be sought under three scenarios:
(i) Payment was made fraudulently by someone using the card of others;
(ii) Extra payment was made because of some technical error during payment;
(iii) Some service was not delivered for the payment made.
2. During the past few years, there have been significant changes in the security sy

= = = = = = = =

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

= = = = = = = =

GSTN on real time basis but before the reporting to RBI on T+1 basis, the acquiring bank can refund the amount under real time intimation to GSTN. Thereafter, such double payment should not be reported to RBI.
5. In case the technical error is detected after reporting to RBI on T+1, the acquiring bank should send the claim to GSTN with full details. GSTN should verify its database, and confirm to the bank regarding double payment received against the same CPIN.
6. There should be a validation in GSTN's system that such double payments (para 4 and 5 above) are either not reflected in the tax payer's ledger or the second payment against the same CPIN is barred from utilization. Based on the confirmation from GSTN, the acquiring bank can refund the extra payment.
7. For scenario (iii) arising from claim of non-delivery of service, the acquiring bank should send the claims to GSTN with full details. GSTN can rebut the claim by providing a copy of the Challan (pdf file generated from it

= = = = = = = =

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

= = = = = = = =

the Government and there was no denial of service) or accept the claim. If the claim is accepted, the process suggested in para 9 below may be followed.
9. In case the charge back is accepted after reporting to RBI (either in case of scenario (ii) or in case of scenario (iii) when GSTN's rebuttal is not accepted) and refund is made by the acquiring bank to the issuing bank, such refund should be reported as a new transaction to RBI. The report to RBI as well as the entry in RBI's scroll should be as a debit entry identified using the original CPIN. On receipt of such information, GSTN should debit the taxpayer's ledger and inform the Tax Authorities who should recover the amount from the said taxpayer.
 
Annexure VI
List of Banks presently authorised in Centre and States
1.
ALLAHABAD BANK
2.
ANDHRA BANK
3.
BANK OF INDIA
4.
BANK OF BARODA
5.
BANK OF MAHARASHTRA
6.
CANARA BANK
7.
CENTRAL BANK OF INDIA
8.
CORPORATION BANK
9.
DENA BANK
10.
INDIAN BANK
11.
IND

= = = = = = = =

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

= = = = = = = =

BATTLE ON GST : STATES V/S CENTRE

BATTLE ON GST : STATES V/S CENTRE
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 12-10-2015

INTRODUCTION:-
Goods and Services Tax (GST), the 122nd Constitutional Amendment Bill, 2014 tabled by Finance Minister Arun Jaitley has already passed in the Lok Sabha. However, due to conflicts between the States and Centre and the reason that the Centre is not having majority in Rajya Sabha; GST bill is lying on the tables of Rajya Sabha since past few months, awaiting the clearance therefrom. What are the reasons of conflicts between the States and Centre? What steps are taken by the Centre to make the States affirmative to GST implementation? Why the states are taking so much time to give green signals to GST bill? This article is an attempt to find answers to some of these questions.
TAXING POWERS OF CENTRE & STATES – PRESENT STATUS:-
Under present scenario, Centre is empowered to levy and collect following Indirect taxes:-
* Central Excise Duty – On manufactur

= = = = = = = =

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

= = = = = = = =

ble to levy and collect GST simultaneously on the same set of transaction from the stage of manufacture till consumption.
* The taxable event will no longer be manufacture or sale of goods; rather it will be supply of goods/ services against a consideration.
* States will also receive revenue from transactions related to provision of services. Presently, states are not empowered to collect any amount in respect of provision of services.
* Centre will also receive revenue from supply of goods post manufacture. Presently, Centre is not empowered to collect any tax on any post manufacture activity.
* Taxes levied by local bodies like Purchase tax, entertainment tax, octroi, luxury tax, etc. will not be subsumed in GST, thus, these will continue to be collected by local bodies working under direct control of respective States.
* GST on petroleum crude and products will be levied on some future date as decided by GST Council. Till then, VAT will continue to be levied by States on

= = = = = = = =

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

= = = = = = = =

tes initially; is yet to be decided and may be another reason of dispute between the Centre and States.
* Central Sales tax (CST) which is levied on interstate trade @ 2% is a major source of revenue of States. In the GST Regime, CST is to be replaced by 1% additional levy which will be levied for initial two years of implementation of GST. This period can be increased if the GST council decides. There is direct loss due to decrease in rate by 1% besides other projected losses. Tamil Nadu, for example, estimates its losses from scrapping CST as ₹ 3,500 crore annually.
* The GST bill proposes that there will be dual GST structure where the Centre and the States will administer independently the CGST and SGST, respectively. Since the same set of transactions will be subject to control by both authorities, it is feared by States that the Centre will be the dominating authority.
NO SUCH HUGE LOSS TO STATES – CENTRE'S VERDICT:-
On the one hand, States are worried and opposing G

= = = = = = = =

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

= = = = = = = =

petroleum crude and petroleum products have been kept away from GST initially and will be brought under purview of GST in some future date as decided by GST council. Till then, the States will continue to charge VAT on the same.
COMPENSATION OF LOSSES FOR 5 YEARS – A STEP TO SEEK 'YES' OF STATES:-
It has been assured by Finance Minister that States will not suffer much loss due to implementation of GST. The reasons for this assurance have already been discussed in the forgoing para. However, if there is any loss anyhow, the Centre has promised to compensate the same for first five years. The compensation will be as follows:-
For first 3 years – 100%
In fourth year – 75%
In fifth year – 50%.
This assurance is said to be the most important step taken to make the States agree for implementation of GST. However, it is expected by Centre that all states may not require compensation for five years; particularly the Consuming states; which will enjoy the revenue increase with the imple

= = = = = = = =

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

= = = = = = = =

Report of the Joint Committee on Business Processes for GST on Registration Processes in GST Regime

Report of the Joint Committee on Business Processes for GST on Registration Processes in GST Regime
GST
Dated:- 12-10-2015

1.0 Introduction
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 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 necessary for IGST Model. Accordingly, a Joint Committee, in consultation with the Government of India, was constituted on 7th April, 2014 (Annexure-I).
1.1. The Committee held its deliberations on 28th October, 2014, 12th November, 2014, 25th November, 2014, 22nd December, 2014, 2nd and 3rd February, 2015, 19th

= = = = = = = =

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

= = = = = = = =

undamental requirement for identification of the business for tax purposes or for having any compliance verification program. Registration under Goods and Service Tax (GST) regime will confer following advantages to the business:
* Legally recognized as supplier of goods or services.
* Proper accounting of taxes paid on the input goods or services which can be utilized for payment of GST due on supply of goods or services or both by the business.
* Pass on the credit of the taxes paid on the goods or services supplied to purchasers or recipients.
2.0 Assumptions
2.1The business process proposed in this document is based on the following assumptions:
(1) A legal person without GST registration can neither collect GST from his customers nor claim any input tax credit of GST paid by him.
(2) There will be a threshold of Gross Annual Turnover including exports and exempted supplies (to be calculated on all-India basis1) below which any person engaged in supply of Goods or Serv

= = = = = = = =

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

= = = = = = = =

aving relevant provision in the GST law has helped them contest cases in courts. GST Law Drafting Committee to make provision relating to eligibility for ITC accordingly as well as for levying penalty in case of a dealer failing to register within the stipulated time period.
(3) However, such person with all-India gross annual turnover below the threshold turnover would be allowed to take registration, if he wants to. By taking such voluntary registration he can enter the credit chain even prior to crossing the threshold limit, provided he does not opt for the Compounding scheme (as defined below).
(4) There will be another relatively higher threshold of Gross Annual Turnover (to be calculated on all-India basis) to be called Compounding turnover up to which the registered person can opt to pay tax at a specified percentage of the turnover, without entering the credit chain. Such registered person will neither be allowed to collect tax from his customers nor claim any input tax cre

= = = = = = = =

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

= = = = = = = =

for input tax credit in the hands of the purchasers/recipients.
(7) Irrespective of turnover, if a taxable person carries out any inter-state supply and / or is liable to pay GST under reverse charge, he will be compulsorily required to take registration. Such person shall neither be eligible for exemption threshold nor for Compounding scheme. However, an individual importing services for personal consumption will not be liable to pay GST under reverse charge or register under GST if the GST law so provides.
(8) All UN bodies seeking to claim refund of taxes paid by them would be required to obtain a unique identification number (ID) from the GST portal. The structure of the said ID would be uniform across the States in uniformity with GSTIN structure and the same will be common for the Centre and the States. The supplier supplying to these organizations is expected to mention the UID on the invoices and treat such supplies as B2B supplies and the invoices of the same will be uploa

= = = = = = = =

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

= = = = = = = =

opriate provisions for the same.[While, at this stage it has been decided to make exception only for services, it is worth mentioning here that the Cenvat Credit Rules provide for a mechanism to allow distribution of inputs, which is basically a mechanism to distribute credit on inputs. Such mechanism is necessary for service provider as the location of payment of GST may be distinct from the location where goods are received. Therefore, drafting Committee may look into this issue.]
(11) All existing registered persons, whether with the Centre or State under any of the tax statues being subsumed in GST, would be allotted a GST registration number called Goods and Services Tax Identification Number (GSTIN) on voluntary basis. Dealers who are below the GST threshold will have option to remain in GST chain. GST Law Drafting Committee to make appropriate provision.
(12) Tax authorities, in case of enforcement cases, may grant suo-moto registration. If such person does not have PAN, the

= = = = = = = =

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

= = = = = = = =

he supplier would be eligible to claim ITC on purchases / inward supplies. The period of registration would be mentioned in the registration certificate also. The format of Registration Certificate for such taxpayers is different from the regular taxpayers. Even the application form for registration will have field for ascertaining estimated supplies. Return for such taxpayers would also be different. Such taxpayers would be required to self-assess their likely liability and deposit the same as an Advance Tax. Such amount would be deposited by way of two Demand Drafts (one for Centre and other for State) which would be returned to the taxpayer after he has discharged his final liability. The GST Law Drafting Committee may provide for conditions for registration and tax payment.
2.5 A Non-resident Supplier is a person who, in the course of business, makes an intra-state supply of goods or services or both, but is not a resident in the state in which he has applied for registration, but

= = = = = = = =

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

= = = = = = = =

for the State of Maharashtra.
3.4 13th digit would be alpha-numeric (1-9 and then A-Z) and would be assigned depending on the number of registrations a legal entity (having the same PAN) has within one State. For example, a legal entity with single registration within a State would have „1‟ as 13th digit of the GSTIN. If the same legal entity goes for a second registration for a second business vertical in the same State, the 13th digit of GSTIN assigned to this second entity would be „2‟.This way 35 business verticals of the same legal entity can be registered within a State.
3.5 14th digit of GSTIN would be kept BLANK for future use.
3.6 In GST regime, multiple registrations within a State for business verticals of a taxable person would be allowed. This provision should be subject to following specific stipulations –
(1) Input Tax Credit across the business verticals of such taxable persons shall not be allowed unless the goods or services are actually

= = = = = = = =

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

= = = = = = = =

matically from the day following the day of crossing the Compounding threshold. GST Law drafting committee should provide for a suitable time-period of inputs and capital goods purchases on which ITC would be permitted at the time of switching over to Normal scheme.
(4) For the changes covered by (1) to (3) above, the validation in the return module should change automatically under intimation to the concerned taxpayer and both the tax authorities. A suitable validation / dependency of the return module should be established.
The above changes should also be published on the common portal in addition to being intimated to other taxpayers who have identified such taxpayer as their counter-party taxpayer.
4.0 Procedure for obtaining Registration
4.1 For obtaining registration, all the taxable persons shall interact with tax authorities through a common portal called GST Common Portal2 that would be set up by Goods and Services Tax Network (GSTN). The portal will have backend integr

= = = = = = = =

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

= = = = = = = =

ncorporated in the proposed GST Registration Form. It would be the responsibility of the taxpayer to keep this information updated.
4.4 Online verification of PAN of the Business / Sole Proprietor/ Partner/Karta/Managing Director and whole time directors/Member of Managing Committee of Association, Managing trustee/authorized signatory etc. of the business would be mandatory and without such verification, registration application will not be allowed to be submitted.
5.0 Facilitation Center and Tax Return Preparer Scheme
5.1 In order to cater to the needs of taxpayers who are not IT savvy, following facilities shall be made available:-
5.2 Tax Return Preparer (TRP): A taxable person may prepare his registration application / returns himself or can approach the TRP for assistance. TRP will prepare the said registration document / return in prescribed format on the basis of the information furnished to him by the taxable person. The legal responsibility of the correctness of informati

= = = = = = = =

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

= = = = = = = =

rtment.
5.4 Registration of TRP/FC is recommended. Final view may be taken by the GST Law drafting committee on the same.
6.0 New Applicants
6.1 The process highlighted in the paragraphs below is applicable for new applicants for registration, both mandatory and voluntary.
6.2 New applicant can apply for registration:
(1) at the GST Common Portal directly3; or
(2) at the GST Common Portal through the Facilitation Center (FC)
Multiple applications can be filed at one go where a taxable person seeks registration in more than one State or for more than one business vertical located in a single / multiple State(s).
6.3Following scanned documents are required to be filed along with the application for Registration –
Relevant Box No. in the Registration Form
Document required to be uploaded
Reason for requirement
2. Constitution of Business
* Partnership Deed in case of Partnership Firm ;
* Registration Certificate in case of other businesses like Society, Trust etc. wh

= = = = = = = =

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

= = = = = = = =

f the Consenter like Municipal Khata copy or Electricity Bill copy
* Customer ID or account ID of the owner of the property in the record of electricity providing company, wherever available should be sought for address verification.
This is required as an evidence to show possession of business premises. If the documentary evidence in Rent Agreement or Consent letter shows that the Lessor is different from that shown in the document produced in support of the ownership of the property, then the case must be flagged as a “Risk
Case”, warranting a post registration visit for verification. GST Law Drafting Committee may add penalty provision for providing wrong lease details.
12. Details of Bank Account (s)
Opening page of the Bank Passbook held in the name of the Proprietor / Business Concern – containing the Account No., Name of the Account Holder, MICR and IFS Codes and Branch details
This is required for all the bank accounts through which the taxpayer would be conducting bus

= = = = = = = =

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

= = = = = = = =

ils of Proprietor / all partners / Karta / Managing Director and whole-time Director / Members of the Managing Committee of Association of Persons / Board of Trustees etc.) and Field No 17 (i.e. Details of the Authorized Signatory), verification of PAN with CBDT database and GSTN database will be carried out online before the submitted application is sent to the State/ Centre. In case of mismatch the applicant will be given an opportunity to correct the same.
6.4A registration form has been designed and is annexed as Annexure-III. This form should be developed by GSTN as per the standard practices / protocols on IT notified by the Govt. of India e.g. for digitally capturing a postal address, name etc. In case there is no standard practice for any of the field, the same should be developed by the GSTN and form designed accordingly. Fields marked by asterisk in the form are mandatory fields and must be filled by the applicant.
Separate application forms are to be designed for:
(1) Mu

= = = = = = = =

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

= = = = = = = =

equired to obtain PAN if they are required to obtain registration under GST. Under GST regime, registration will not be allowed without a valid PAN.
6.6 If applicant files application through the Facilitation Center, then the above procedure shall be followed by him through the FC by making available the requisite documents to the FC. The User ID and Password of taxable person will however be forwarded by portal to the e-mail furnished by the taxable person (that of primary authorized signatory) and by SMS to the mobile number furnished by taxable person or by post, if the taxable person so desires. It will not be sent to FC.
6.7 The GST common portal shall carry out preliminary verification / validation, including real-time PAN validation with CBDT portal, Adhaar No validation with UIDAI, CIN (Company Identification) with MCA and other numbers issued by other Departments through inter-portal connectivity before submission of the application form. Taxpayers would have the option to s

= = = = = = = =

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

= = = = = = = =

stration. Such cancellation will have prospective effect i.e. from the date of cancellation. GST portal would acknowledge the receipt of application for registration and issue an Acknowledgement Number which could be used by the applicant for tracking his application. Such Acknowledgement Number would not contain the details of jurisdictional officers.
6.8The application form will be passed on by GST portal to the IT system of the concerned State/ Central tax authorities for onward submission to appropriate jurisdictional officer (based on the location of the principal place of business) along with the following information –
(1) Uploaded scanned documents;
(2) State specific data and documents;
(3) Details if the business entity is already having registration in other States. This should also include GST compliance rating4;
(4) Details of the PAN(s) of individuals mentioned in the application which are part of the other GST registrations;
(5) Acknowledgment number stated in

= = = = = = = =

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

= = = = = = = =

igital map. However, submission of latitude and longitude would be optional.
6.9 After verification, the following situations are possible:
(1) If the information and the uploaded documents are found in order, the State and the Central authorities shall approve the application and communicate the approval to the common portal within 3 common working days. The portal will then automatically generate the Registration Certificate.
(2) If during the process of verification, one of the authorities raises some query or notices some error, the same shall be communicated to the applicant either by the Tax Authority directly or through the GST Common Portal and also simultaneously to the other authority and to the GST Common Portal within 3 common working days. The applicant will reply to the query / rectify the error / answer the query within a period informed by the concerned tax authorities (Normally this period would be seven days). A separate sub-process and interactive form for this

= = = = = = = =

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

= = = = = = = =

tre and State would have a period of 3 common working days to respond to the application, either conveying approval or raising a query. In case any of the authority neither reject the application nor raise a query within 3 common working days, then the registration would be deemed to have been approved by both the authorities and the GST Common Portal will automatically generate the registration certificate. In case either authority raises a query within 3 common working days, applicant will have to respond to the same within next 7 common working days failing which the application will be rejected. After the applicant has responded to the query raised by any authority, a period of another 7 common working days will be given to the authorities to respond to the application. In case any of the authority neither rejects the application nor raises a query during this period, then the registration would be deemed to have been approved by both the authorities and the GST Common Portal will

= = = = = = = =

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

= = = = = = = =

physical verification. On the basis of both risk profiles, the jurisdictional officer of tax authorities will take a decision about post registration verification of the application if so provided in the GST Law.
6.13 GST Law Drafting Committee may provide for appropriate provision for imposition of substantial penalty in cases of fraudulent registrations.
7.0 Migration of existing registrants
7.1Existing registrants are those who are either registered with States or with the Centre or with both.
7.2 In case of such registrants, the system shall be designed to migrate cleaned and verified data from the existing database to the GST Common Portal and a GSTIN shall be generated. With regard to the migration of data of the existing registrants, following steps are necessary:
(1) The process of migration of data must be started sufficiently in advance so that the business of existing registrants does not suffer and transition from the present system to GST is smooth.
(2) At present

= = = = = = = =

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

= = = = = = = =

andards (MDDS) of Government of India. This is also confirmed by the feedback received from States in May 2015. Importing such data, which is not MDDS compliant, will lead to wrong or incomplete results on query.
c) The data from States also shows that they do not have scanned copies of supporting documents for mandatory fields like principle place of business, photos of MD or Karta etc. in their database. This again will have to be collected from them.
Since, lots of reports will be using registration database, purity of registration data will be of paramount importance. Migrating half-complete and incorrect data from existing registration databases to GST database will adversely impact the reports and intelligence derived out of it. Thus data will have to be collected afresh from the existing taxpayers. GSTIN can be issued based on State and validated PAN. In case of taxpayers under Excise and VAT, source of data for issuing GSTIN should be VAT data as in most cases Excise assess

= = = = = = = =

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

= = = = = = = =

on to log on the GST portal and fill up the remaining data. State specific data over and above what is contained in the GST Registration Form can be collected after GST registration becomes operational.
iii. The data so collected by GSTN/NSDL will be provided to States so that they can undertake the verification exercise as per their convenience after 1/4/2016 in a staggered manner spread over a period of one to two quarters so that it does affect the working of the tax authorities. This is being suggested as the dealer is already registered with VAT department.
iv. In case, PAN has been validated but the email or mobile numbers of dealers are not available, such dealers may be advised through newspaper advertisement to visit the GST portal and use the following data for user authentication:
1. VAT-TIN
2. PAN
3. Date of Birth/Date of Incorporation in DDMMYYYY format. (This data is available with PAN Database)
i. Date of birth of proprietor in case of Proprietorship firm.

= = = = = = = =

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

= = = = = = = =

ed period.
(7) If the verification/updation is not done within the stipulated period, the GSTIN will be suspended till the taxable person does the needful.
(8) Any verification by State / Central authorities can be done after GSTIN is issued.
8.0 Registration of Compounding Dealers
8.1 Dealers below the Compounding ceiling will be provided with an option of availing the Compounding scheme i.e. they can pay the tax at Compounding rate (to be specified) without entering the credit chain.
8.2 Although the Compounding scheme is only a temporary phase before the taxable person starts functioning as a normal taxable person, separate format annexed as Annexure-V has been prescribed for enabling such taxable persons to opt for Compounding scheme. When the taxable person opts for Compounding scheme he should indicate so in the registration form and GST Common Portal would internally flag him as a Compounding dealer. Later on when he goes out of the Compounding scheme due to his turnover

= = = = = = = =

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

= = = = = = = =

ade visible to the tax authorities.
10.0 Cancellation/Surrender of registration
10.1 In the following cases, the registration can be either surrendered by the registrant or cancelled by the tax authorities:
(1) Closure of business of tax payer;
(2) Gross Annual Turnover including exports and exempted supplies (to be calculated on all-India basis) falling below threshold for registration;
(3) Transfer of business for any reason including due to death of the proprietor of a proprietorship firm;
(4) Amalgamation of taxable person with other legal entities or de-merger;
(5) Non commencement of business by the tax payer within the stipulated time period prescribed under the GST laws (Suitable provision to be made in the GST law).
10.2 In case of surrender, the system will send an acknowledgment by SMS and e-Mail to the applicant regarding his surrender of registration and he will be deemed to be unregistered from the date of such acknowledgement. There will be a provision in th

= = = = = = = =

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

= = = = = = = =

hich if there is a continuous failure by a taxpayer to file returns, the registration shall be cancelled)
(4) The cancellation of registration may be preceded by system generated notice giving 7 days‟ time for furnishing reply by the taxpayer. Principle of natural justice to be followed before cancellation, i.e., giving an opportunity to taxpayer to be heard and passing of order.
10.5 If the taxpayer approaches the tax authority for revocation of surrendered or cancelled registration, the surrendered / cancelled registration can be revoked. The action for revocation would be initiated by that Authority which has cancelled the registration or had earlier accepted the surrender of registration.
10.6 The GST Law would contain appropriate provisions relating to revocation / surrender / cancellation of registration.
10.7 The action for revocation / cancellation of registration would have to be initiated by both Centre and State tax authorities. Once the registration is cancelled

= = = = = = = =

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

= = = = = = = =

the legal name can be either a single field or it could be split into first name, middle name and last name. In case there is no standard practice for any of the fields, the same should be developed by the GST common portal. The form is self-explanatory and has online validation facility before the submission of the form. Wherever possible, drop down menu will be provided so that the form is user friendly and there is no dispute about the information submitted.
11.3 The fields marked with asterisk are the critical fields and need to be filled before the form can be submitted to the portal. In case of non-availability of the information such as PAN Number with the applicant, the common portal will direct the applicant to the website of the income tax department where he can submit the application for obtaining the PAN and after obtaining PAN, can apply for registration under GST.
11.4 Fields 1-5 are the basic introductory fields and need no explanation.
11.5 Field 6 is relevant for t

= = = = = = = =

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

= = = = = = = =

tails of their existing registrations, so that information already available in the respective data bases can be culled out and made use by the tax authorities for granting new registration to the applicant under GST.
11.9 Field 12 asks for the details of the principal place of business of the applicant. Principal place of Business in the State is the place declared by the taxable person, where-
(1) He will make available all the records to the tax authorities when called for.
(2) The tax authorities will serve all the communications, notices, orders etc. and service of the communications, notices and orders at this place will be treated as legal service of such communications, etc.
11.10 Field 13 seeks the details of the Bank Accounts of the applicant. The taxable person is required to disclose the details of all the bank accounts maintained by him for conducting his business.
11.11 Field 14 and 15 ask for the details of top 5 goods or services (in terms of turnover or any othe

= = = = = = = =

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

= = = = = = = =

applicant about correctness of the information submitted by him in the registration application.
(Satish Chandra)
Member Secretary
Empowered Committee
of State Finance Ministers
(Rashmi Verma)
Additional Secretary
Department of Revenue
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

= = = = = = = =

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

= = = = = = = =

sioner, Commercial Tax, Kerala
(8) ShriAmitRathore, Commissioner, Commercial Tax, Madhya Pradesh
(9) Dr. Nitin Kareer, Commissioner, Sales Tax, Maharashtra
(10) ShriAbhishekBhagotia, 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) ShriDilipJawalkar, Commissioner, Commercial Tax, Uttarakhand
(16) ShriBinod 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

= = = = = = = =

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

= = = = = = = =

sioner of Taxes, Assam
2. Shri T. Ramesh Babu, Additional Commissioner, Commercial Tax, Andhra Pradesh
3. Shri Arun Kumar Mishra, Joint Secretary, Finance, Bihar
4. Shri Santosh Kumar Sinha, Additional Commissioner, Commercial Tax, Bihar
5. Shri Deepak Kanan, Additional Commissioner, Commercial Tax (GST), Bihar
6. Shri R.K. Trivedi, Additional Commissioner, Commercial Tax, Chhattisgarh
7. Shri Kishor Bhalla, Deputy Commissioner (VAT), Daman & Diu and Dadra & Nagar Haveli
8. Shri Vijay Kumar, Commissioner (VAT), Trade and Taxes, Delhi
9. Shri Jagmal Singh, Deputy Director, Trade and Taxes, Delhi
10. Shri Dipak M. Bandekar, Additional Commissioner, Commercial Tax, Goa
11. Dr. P.D. Vaghela, Commissioner, Commercial 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, Commi

= = = = = = = =

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

= = = = = = = =

mmercial Tax, Puducherry
30. Dr. Karthik, Additional Secretary, Punjab
31. Shri Pawag Garg, Additional Commissioner, Excise & Taxation, Punjab
32. Shri Vaibhav Galriya, Commissioner, Commercial Tax, Rajasthan
33. Shri Manoj Rai, Joint Commissioner, Commercial Tax, Sikkim
34. Shri D. Soundraraja Pandian, Joint Commissioner (Taxation), Commercial Taxes, Tamil Nadu
35. Shri K. Chandrasekhar Reddy, Additional Commissioner, Commercial Tax, Telangana
36. Shri Vikas Singh, Commissioner of Taxes and Excise, Mizoram
37. Shri Vivek Kumar, Additional Commissioner, Commercial Tax, Uttar Pradesh
38. Shri Abhijit Gupta, Commercial Tax Officer (IT), Uttar Pradesh
39. Shri N.C. Sharma, Additional Commissioner, Commercial Tax, Uttarakhand
40. Smt. 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

= = = = = = = =

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

= = = = = = = =

D
M
M
Y
Y
Y
Y
8
Date on which liability to pay tax arises
D
D
M
M
Y
Y
Y
Y
9
Estimated supplies (in case of casual dealers)
Period for which registration is required –
From
To
10
Reason of liability to obtain registration (from the dropdown)
(1) Due to crossing the Threshold
(2) Due to inter-State supply
(3) Due to liability to pay as recipient of services
(4) Due to being Input Service Distributor (ISD)
(5) UN bodies for allotment of Unique Identification Number (ID)
(6) Due to transfer of Business which includes change in the ownership of business (if transferee is not a registered entity)
(7) Due to death of the Proprietor (if the successor is not a registered entity)
(8) Due to de-merger
(9) Due to change in constitution of business
(10) Due to Merger /Amalgamation of two or more registered taxpayers
(11) Being casual Dealer
(12) Being Non resident Dealer
(13) None of the above – on voluntary basis
11 Indicate Existing Registrations
Yes/No
Regi

= = = = = = = =

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

= = = = = = = =

number of Bank Accounts maintained by the applicant for conducting business
Details of Bank Account 1
Account Number
Type of Account
IFSC
Name of the Bank
Branch and Address of the
Bank & Branch
To be auto-populated (Edit mode)
PIN Code
State
Details of Bank Account 2
Account Number
Type of Account
Name of the Bank
Branch and Address of the
Bank & Branch
To be auto-populated (Edit mode)
PIN Code
State
Details 3…n (Multiple fields will be available to capture the details of all the additional Bank A/c)Insert Row After
14 Details of the Goods/Commodities supplied by the Business
Please specify top 5 Commodities
S.No.
Description of Goods
HSN Code (4 digit code)
1
2

5
15 Details of Services supplied by the Business.
Please specify top 5 Services
S. No.
Description of Services
Service Accounting Code 1
1
2

5
16 Details of Additional Place of Business
Number of additional places
Premises 1
Details of Additional Place of Business
AD

= = = = = = = =

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

= = = = = = = =

*
Total Number of Persons _____
Please provide details in the table below. In case you need more tables, click on add table
* In case of Proprietorship: Details of Owner/Proprietor
* In case of Partnership: Details of all Managing/ Authorized Partners (personal details of all partners but photos of only ten partners including that of Managing Partner is to be submitted)
* In case of Companies registered under Companies Act: Managing Director and whole time directors
* In case of HUF: Details of Karta of HUF
* In case of Trust: Details of Managing Trustee
* In case of Association of Persons: Details of Members of Managing Committee(personal details of all
* members but photos of only ten members including that of Chairman is to be submitted)
* In case of Local Authority: Details of CEO or equivalent
* In case of Statutory Body: Details of CEO or equivalent
* In case of others: Details of person responsible for day to day affairs of the business
First Name
Middle

= = = = = = = =

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

= = = = = = = =

Details 2….n (Multiple field will be available to capture the details of other authorized persons)
19 Details of Authorized Representative (TRP / CA / Advocate etc.)
First Name
Middle Name
Surname
Name of Person
Status
TRP / CA / Advocate etc.
Mobile Number
E-mail address
Telephone No
FAX No
20 State Specific Information
a. Field 1
b. Field 2
c. ….
d. …..
e. Field n
21 Document Upload
A customized list of documents required to be uploaded (as detailed in para 6.3 of the process document) as per the field values in the form should be auto-populated with provision to upload relevant document against each entry in the list.
22 Verification
I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefr
Place ……………………. Name of Authorized Signatory ….……&he

= = = = = = = =

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

= = = = = = = =

changes in these fields require approval from proper officer.
All communication will be made to the Mobile Number and e-mail mentioned in Principal Place of Business.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Suggestions for System Development
1. Pin Code should be the field requiring primary data, and the other two field should get autopopulated (based on master values) with option to enter locality/area/village if that is not in the portal master. Alternatively, a validation between PIN Code and Locality/Area/Village and District/Town/City should be inbuilt.
2. For Field No 17 (i.e. Details of Proprietor / all partners / Karta / Managing Director and whole-time Director / Members of the Managing Committee of Association of Persons / Board of Trustees etc.) and Field No 18 (Details of the Authorised Signatory) providing PAN would be mandatory for Indian nationals. For foreign national passports details would be required.
3. In Field 10, there should be an option to enter details of

= = = = = = = =

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

= = = = = = = =

if any standing in his name.
5. Field No. 10 (Reason of liability to obtain registration) should not be enabled for casual dealers. Voluntary registration is to be enabled.
6. Field No. 11 (Indicate existing registrations) – Following state specific fields need to be captured:
* Professions Tax E.C. No.
* Professions Tax R.C. No.
* State Excise License No. and the name of the person in whose name Excise Licence is held.
7. For Field No. 12 (Details of Principal Place of Business) and Field No. 16 (Details of Additional Place of Business), it is required to display the earlier places of business – i.e. Address, From date and To date from the History Table, for the efficiency of tax administration. Though this may not be useful in new registrations, it is required in case of amendments, when the addresses are changed, additional places are added or deleted. This would not need modification in the registration format and business process, but the software/ database should take ca

= = = = = = = =

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

= = = = = = = =

e of Associations/Board of Trustees etc.) -All changes in Partners or Directors, or Managing Persons, must be kept in the database to enable the jurisdictional officer to see the history of the persons entered earlier, and from date and to date.Photos of maximum of 10 partners including that of Managing Partner is required to be uploaded.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
ANNEXURE-IV
Form GST –
[See Rule __]
Application for Surrender of Registration under Goods and Services Tax Act, Year
Please file your tax return for the tax period in which the effective date of cancellation of your registration falls before applying for cancellation.Filed no. 2 to 5 would get auto populated on the basis of information mentioned in filed no. 1.
1. GSTIN
2. Full Name of Registrant
3. Trade Name, if any
4. Address of Principal Place of Business
5. Address for correspondence
(e-mail, mobile, landline etc.)
6.Reason for Surrender
Tick one
Discontinuance of business
Closure of incorpora

= = = = = = = =

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

= = = = = = = =

r)
i) Date of deposit


Day
Month
Year
ii) Challan No.
(iii) Name of Bank & Branch
11. Verification
(i) I/We ________________________ hereby solemnly affirm and declare that the information given hereinabove is true and correct to the best of my/our knowledge and belief and nothing has been concealed therefrom.
(ii) I/We undertake to discharge any tax liability which is found to be payable subsequent to the surrender of registration and the tax authorities shall be free to take any action as prescribed in the law.
Signature of Authorised Signatory
Full Name
Designation/Status
Place
Date
Day
Month
Year
ANNEXURE-V
Form GST –
[See Rule ]
Application to Opt for Composition Scheme
(For existing taxpayer)
Filed no. 2 & 3 would get auto populated on the basis of information mentioned in filed no. 1.
1. GSTIN
2. Full Name of Applicant Dealer
3. Please Tick the Nature of Business Activity being carried out at above mentioned Premises
Factory / Manufacturing
O
Wh

= = = = = = = =

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

= = = = = = = =

_______________ hereby solemnly affirm and declare that the information given hereinabove is true and correct to the best of my/our knowledge and belief and nothing has been concealed therefrom.
Signature of Authorised Signatory _______________________________________
Full Name (first name, middle, surname) _______________________________________
Designation/Status _______________________________________
Place
Date
Day
Month
Year
ANNEXURE-VI
Form GST –
[See Rule ]
Application for withdrawal from Composition Scheme
(For existing taxpayer)
Filed no. 2 & 3 would get auto populated on the basis of information mentioned in filed no. 1.
1. GSTIN
2. Full Name of Applicant Dealer
3. Please Tick the Nature of Business Activity being carried out at above mentioned Premises
Factory / Manufacturing
O
Wholesale Business
O
Retail Business
O
Warehouse/Deport
O
Bonded Warehouse
O
Service Provision
O
Office/Sale Office
O
Leasing Business
O
Service Recipient
O
EOU/ ST

= = = = = = = =

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

= = = = = = = =

surname) ______________________________________
Designation/Status ______________________________________
Place
Date
Day
Month
Year
ANNEXURE-VII
Form GST –
[See Rule ]
Application for Amendment(s) in Particulars subsequent to Registration under Goods& Services Act Year
(This form would be used to amend fields mentioned in para 7.2(7) of the Process document as all other fields can be amended on self-service basis)
I. GSTIN
II Full Name of Dealer
III Amendment summary
(Please put field reference in which amendments are sought, date of amendment and reason for amendment(s). attach additional sheets if required)
Field Ref.
Field Name
Date
(mm/dd/yy)
Reason(s)
(Please edit /fill in only those following fields that are to be amended)
Complete Registration form should be copied here.
Facilities for uploading scanned documents including photographs (only in .jpg format) etc. needs to be provided.
ANNEXURE-VIII
EXTRACT OF THE REPORT OF THE COMMITTEE ON THE PROBLEM OF

= = = = = = = =

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

= = = = = = = =

y, otherwise it may lead to tax evasion. It was pointed out by the Centre's representatives that if the turnover of an entity is considered Statewise, the threshold for CGST would increase steeply when calculating the turnover of the entity on an All India basis. This would adversely affect the revenue of theCentre.What would happen is that an entity will open office in States and Union Territories (which are 37 in number) for availing of State-wise threshold for SGST purposes. In such a scenario, the threshold for CGST purposes would work out to ₹ 9.25 Crores (Rs. 25 Lacs * 37). Similar impact would be there for the compounding scheme as well as for the issue relating to dual control.The suggestion of the Central Board of Excise and Customs (CBEC) that legal entity on all India basis should be taken was considered by the Committee and after due deliberations the suggestion was agreed to avoid tax evasion by the manufacturers/traders/dealers.
ANNEXURE-IX
EXTRACT OF THE MINUTES

= = = = = = = =

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

= = = = = = = =

uring the meeting, concerns were raised regarding flexibility to be provided to the States and the strategic control of the Government on GSTN. After due deliberations, following recommendations were made by the Committee for the consideration of the Empowered Committee:
(i) Following three options may be made available to the States for usage of services to be provided by GSTN:
a. 'Full service model' where the GSTN will offer the full range of GST services as a utility which the States can utilize.
b. 'Limited service model' where a State will use the GSTN for common registration, return and payments and has its own software for remaining GST functions.
c. 'Application Programming Interface (API) model' where the States will have their own software for flexibility but will, adhere to the common registration, return and payment formats defined by the GSTN (though they may collect additional data) and ensure that the rights of both States and Centre are protected in terms of get

= = = = = = = =

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

= = = = = = = =

representations to the States, there should be an Advisory Committee of the GSTN-SPV in which all the States should be represented.
(vi) There should be an exit/sunset clause for dissolving the GSTN-SPV, if both the Centre and the States decide to do so.
(vii) Any new developments during the process leading to the formation of GSTN SPV should be brought to the notice of the Empowered Committee.
15. The Chairman, Empowered Committee broadly indicated that the strategic control over the SPV will be available by virtue of thinly dispersed private shareholding, the composition of Board of Directors, special resolutions, share holders agreement, induction of deputationists from the Government and agreements between GSTN-SPV and Government, Advisory Committee of GSTNSPV etc. After due deliberations, the recommendations of the Committee mentioned in para 14 was approved by the Empowered Committee.
16. It was also mentioned by the Member Secretary that during the meeting of the Hon'ble Uni

= = = = = = = =

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

= = = = = = = =

ying the due tax. However, if the rating falls below the prescribed level resulting in that dealer becoming blacklisted, purchases from him will no longer be eligible for ITC, on self-assessment basis, (they however will be eligible for availing the ITC only after the tax has been paid by such selling dealers) by the buyers, till improvement of the rating to normal level.
IX.A. Trigger for Blacklisting
i. Continuous default for 3 months in paying ITC that has been reversed.
ii. Continuous default of 3 months or any 3 month-period over duration of 12 months in uploading
sales details leading to reversal of ITC for others. Defaulters of even a single event should also be
flagged and put in public domain as being a potential black listed dealer so as to alert the buyers.
iii. Continuous short reporting of sales beyond a prescribed limit of 5% (of total sales) for a period of
6 months.
IX.B. Default
Not doing the activity within the prescribed cut off dates. A system of ra

= = = = = = = =

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

= = = = = = = =

ers.
ii. Will be based on dealer rating. A dealer will be blacklisted if dealer rating falls below the prescribed limit.
iii. To be put in public domain.
iv. To be notified (auto-SMS) to all dealers who have pre-registered this dealer (black listed now) as their supplier.
v. To be prospective only (from month next to blacklisting)
vi. Blacklisted GSTINs cannot be uploaded in purchase details. Corresponding denial of ITC to be supported by suitable provision in the law.
vii. ITC reversal in hands of the buyer should take place for disowning of any tax invoice with date prior to effect of blacklisting of the seller.
viii. Once blacklisting is lifted, buyers can avail unclaimed ITC subject to this dealer uploading sales details along with tax and interest.
1 Please refer Para 7 of the Report of the Committee on the Problem of Dual Control, Threshold and Exemptions in GST Regime (Annexure-VIII) 5
2 Refinement to the process for States opting for two-way API based integratio

= = = = = = = =

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

= = = = = = = =

Report of the Joint Committee on Business Processes for GST on Refund Processes in GST Regime

Report of the Joint Committee on Business Processes for GST on Refund Processes in GST Regime
Customs, DGFT & SEZ
Dated:- 12-10-2015

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 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 give its recommendations on Refund Processes in GST regime. Accordingly, a Joint Committee, in consultation with the Government of India, was constituted on 7th April, 2014 (Annexure-I).
1.1 In the second meeting of the Joint Committee on Business Processes for GST held on 12th November, 2014, it was decided to constitute a Sub-Committee on GST Refund Pro

= = = = = = = =

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

= = = = = = = =

nd 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 administration. In the present taxation system it is considered as a strained area, both for the taxpayer and the tax administration. So in order to establish an effective and efficient tax administration system it is essential t

= = = = = = = =

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

= = = = = = = =

ing 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 actually not required to be paid, the same should be refunded to the taxpayer.
ii) Such excess payment may be on account of:-
a) wrong mention of nature of tax (CGST / SGST / IGST),
b) wrong mention of

= = = = = = = =

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

= = = = = = = =

ned 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 administration and the taxpayer. The GST Law may also lay down the time limit within which the excess amount of tax, as reflected in the return filed by a taxpayer for that relevant period, can be re- credited suom

= = = = = = = =

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

= = = = = = = =

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, the exporter of the finished goods will get the refund of the GST paid on the inputs or on finished goods thereby making the exports actually free from the burden of taxes. The system should be simple and

= = = = = = = =

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

= = = = = = = =

f 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 recommended that linkage between ICEGATE of Customs administration and the proposed GSTN of GST administration may be established so that online verification of the exports can be carried out. In any case

= = = = = = = =

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

= = = = = = = =

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 of the export. If such details are not submitted at the portal at which the refund application was made, the portal should generate an alert/report for the concerned tax authorities to

= = = = = = = =

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

= = = = = = = =

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 same are verified manually by the jurisdictional authority. Besides a declaration is filed by the applicant with the proper officer declaring inter alia input-output ratio for inputs

= = = = = = = =

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

= = = = = = = =

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 be verified online through ICEGATE, there should be a separate application for refund of service exported.
DEEMED EXPORT OF GOODS OR SERVICES:
i) It was noted that there is a c

= = = = = = = =

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

= = = = = = = =

pplies.
b) The supplier may file a simple refund application along with a Chartered Accountant's Certificate certifying the fact of non-passing 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 submit copies of all the invoices, etc. in case claim of refund is filed by them.
iii) It is also recommended that this recommendation may be specifically brought to the no

= = = = = = = =

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

= = = = = = = =

y 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 deemed exports, however, the concept is applicable.
vi) It is further recommended that the amount of input tax credit claimed as refund may be blocked at the time of time of su

= = = = = = = =

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

= = = = = = = =

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 the time of finalization of assessment.
vi) The model GST Law may provide for appropriate provisions relating to the principle of unjust enrichment.
vii) For satisfy

= = = = = = = =

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

= = = = = = = =

hat 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 unless the jurisdictional authority has obtained a stay from the higher appellate authority against the operation of the appellate authority's order in pursuance of

= = = = = = = =

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

= = = = = = = =

ts 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 cause notice is issued but the adjudication order is in favor of the taxpayer i.e. where the demand of duty is dropped in full or in part, the taxpayer should be immediate

= = = = = = = =

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

= = = = = = = =

on 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 grant of refund is recommended:
a) Refund on purchases by UN Bodies may be granted from only one office each of both the tax administrations within one State.
b) UN

= = = = = = = =

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

= = = = = = = =

otal 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 subsequently.
n) The personal purchases by the staff may also be done seeking ID of the UN body on the invoice.
o) Such invoices in the statement can be mar

= = = = = = = =

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

= = = = = = = =

s 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 as well as Centre do not allow refund of ITC on inputs used for tax exempt / nil rated goods.
iv) Further the inputs (including input services or c

= = = = = = = =

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

= = = = = = = =

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 ultimate consumer is liable to bear the tax burden.
ii) It is noted that the ITC may accumulate on account of the following reasons :
a)

= = = = = = = =

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

= = = = = = = =

e 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 service tax is under Partial reverse Charge Mechanism. Presently the liability to pay service tax is either on the service provider or

= = = = = = = =

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

= = = = = = = =

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 and discussed in para (C) above.
iv) The GST Law may contain suitable provision to this effect and the GSTN should have suitable

= = = = = = = =

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

= = = = = = = =

f 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 for filing of each kind of refund needs to be defined separately. The following dates are recommended as relevant dates for different

= = = = = = = =

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

= = = = = = = =

ication 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 enclosed with the refund application should be minimal but adequate so that both the taxpayer and tax authority find it easy to deal

= = = = = = = =

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

= = = = = = = =

nformation 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 of the GST burden by the taxpayer, being claimed as refund should be called for. The GST Law Drafting Committee may prescribe a th

= = = = = = = =

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

= = = = = = = =

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 processing.
iv) It should be clearly mentioned / highlighted that generation of this number does not in any way affirm the legality, c

= = = = = = = =

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

= = = = = = = =

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 application is found to be complete in all respect, the same may be

= = = = = = = =

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

= = = = = = = =

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 application is found to be in order but does not satisfy the test o

= = = = = = = =

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

= = = = = = = =

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.
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 sanctioning authority. Any documents that were sought besides those in the application should a

= = = = = = = =

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

= = = = = = = =

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 procedure or system of pre-audit & post-audit may be kept in the GST Law. GST Law Drafting Committee

= = = = = = = =

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

= = = = = = = =

ities 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 by the order of the appellate authority in the appeal filed by the applicant against order of reje

= = = = = = = =

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

= = = = = = = =

vernment 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 necessary for IGST Model. Accordingly, a Joint Committee, in consultation with the Government

= = = = = = = =

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

= = = = = = = =

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.O./A.O., Empowered Committee of State Finance Ministe

= = = = = = = =

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

= = = = = = = =

areer, 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 of
State Finance Ministers
Copy to: All the Members of the Committee
 
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 India
7. S

= = = = = = = =

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

= = = = = = = =

x, 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, Mizoram
26. Shri

= = = = = = = =

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

= = = = = = = =

tta, 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
=============
Document 1
1. GSTIN
ANNEXURE-IV
Government of –
Department of
Form GST –
Refund Claim Form under
Goods & Services Tax Act,
(To be used by Tax Payers only)
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
dd
mm
yy
dd
mm
yy
7. Details of Bank Account
i) Bank Account No.
ii)

= = = = = = = =

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

= = = = = = = =

¬Ã¢â€“¬â–¬â–¬â–¬ To
7. Tax Period for which From
refund claimed
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
Page 45 of 49
â–¡ SGST
Application
dd
mm
yy
Amount (Rs.)
(vi) Net amount of refund payable
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)
(iii + iv – v)

Note Please quote your GSTIN while communicating with the department
or in any other matter whatsoever.
in this
matter
Page 46 of 49
ANNEXURE-VI
Reduction/Adjustment Summary
Sr No.
Description
Year & Tax
Period
Amount
(reduction /
adjustment)
Order No.
Order date
1
2
3
4
5
6
1.
Reduction of
refund amount
2.
Adjust

= = = = = = = =

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

= = = = = = = =

Draft Business Processes on GST registration, GST refunds and GST payments put-up on mygov.in for inviting comments; Comments and views are invited on these business processes by 31st October, 2015

Draft Business Processes on GST registration, GST refunds and GST payments put-up on mygov.in for inviting comments; Comments and views are invited on these business processes by 31st October, 2015
GST
Dated:- 12-10-2015

The draft business processes on GST registration, GST refunds and GST payments have been put-up on https://mygov.in/group/department-revenue/ for inviting comments. Comments and views are invited on these business processes by 31st October, 2015. The draft Model CG

= = = = = = = =

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

= = = = = = = =

Draft GST Reports on payment process, refund process and registration on public domain

Draft GST Reports on payment process, refund process and registration on public domain
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 8-10-2015

Dear Professional Colleagues,
Draft GST Reports on payment process, refund process and registration on public domain
The much talked about “Goods and Services tax (“GST”) regime – Single biggest tax reform since Independence”has been creating a buzz amongst all stake holders, eagerly waiting for the winter session of the Parliament to commence with the hope that the much awaited Constitutional (122nd Amendment) Bill, 2014 on GST (“122nd CAB” or “GST Bill”) will be passed, which will pave the way for GST in the Country.
The 122nd CAB was passed by the Lok Sabha on May 6, 201

= = = = = = = =

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

= = = = = = = =

t taxation. The implementation of GST will help create a common Indian market and reduce the cascading effect of taxes on the cost of goods and services. GST will have a far-reaching impact on almost all the realms of business operations in our country. It will impact tax structure, tax incidence, tax computation, supply chain optimization, credit utilization, compliance system etc., leading to a complete overhaul of the current indirect tax system.
In order to engage with the stakeholders and invite comments from the public at large, Ministry of Finance has decided to make available the Draft Business Processes of GST. Following are the Draft Reports on GST available on public domain for virtual feedback of the public:
* Report of the J

= = = = = = = =

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

= = = = = = = =

GSTN- How far is privatization justified?

GSTN- How far is privatization justified?
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 5-10-2015

Introduction-
Already so controversial bill of Goods and Service Tax (GST­­) had another controversy attached to it when The Empowered Committee (EC) of State Finance Ministers decided to incorporate Goods and Services Tax Network (GSTN), a Section 25 (not-for-profit), non-Government, Private Limited Company to provide IT infrastructure for implementation of GST. The main objective associated with formation of GSTN was creation of database. It will keep record of all the assessees and would connect the databases of the centre and all the states thereby comprising a large amount of sensitive and critical information. Along with providing a common portal to all the assessees associated with GST, it would also prove to be a beneficial platform for all the stakeholders. In this piece of diction, the authors have tried to put a light on the pros and cons of pr

= = = = = = = =

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

= = = = = = = =

group which was entrusted the job to look into technological needs for implementing GST. It is worth mentioning here that TAGUP was responsible for making recommendations in respect of five projects already identified at the time of announcing budget, 2010-11 while EG-IT was responsible to work upon GST network only.
Based on the reports of these two groups, it was decided that:-
* NIU for GSTN should be incorporated as a non-government, not for profit (section 25), Private Limited Company registered under the Companies Act, 1956.
* Government's share in equity should be 49%; being 24.5% of Centre and 24.5% of State.
* Total private ownership should be 51%.
* No single private entity should hold more than 10% of equity.
Thus, basically, the GSTN is to be in the hands of private sector with 51% of shares.
The main concern- Arguments against privatization:-
Everything relating to GSTN was not so agitating until it was revealed that 51% of the shareholding of GSTN would lie in

= = = = = = = =

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

= = = = = = = =

ntage associated with it. This threat alone is the major cause of concerns of people arguing against the privatization of GSTN. Going by the above arguments, it can be safely opined that such critical information relating to taxpayers must not be given in the hands of such private entities. Here, it would be appropriate to mention the concern raised by the Select Committee of Rajya Sabha which noted that Non-Government shareholding of GSTN is dominated by private banks. This was found undesirable because of two reasons:
* Firstly, public sector banks have more than 70% share in total credit lending of the country.
* Secondly, GSTN's work is of strategic importance to the country and the firm would be a repository of a lot of sensitive data on business entities across the country.
The objections raised by the Committee are quite obvious and they simply cannot be ignored in the light of the fact that GSTN would be a database of almost every significant transaction being carried out

= = = = = = = =

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

= = = = = = = =

sused by the private entities to get benefit out of it?
At this stage, it must be noted that concerns had been raised even by the CBEC regarding ownership and security of such sensitive and confidential data in the dominion of private sector owned GSTN but it was later decided not to question the decision of the empowered committee. This concern was not considered before proceeding with the registration of GSTN, ignoring the fact that CBEC is the most important stakeholder in this transitive tax revolution. What induces more questions is that GSTN, being a private company, shall be out of the ambit of CAG. Considering the above arguments, it would not be wrong to question the security and confidentiality of the critical taxpayers' database.
Another concern which hits our mind is that- is this “DIGITAL INDIA” campaign all about? On one hand, all the government departments are being planned to be digitized, and on the other, the ownership of taxpayers' database is being given in the ha

= = = = = = = =

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

= = = = = = = =

vatization of GSTN:-
* The current proposed structure of GSTN is based upon the recommendations of TAGUP and EG-IT which had given their reports after in-depth research and a no. of rounds of discussions.
* The government departments in India are heading towards digitalization. A large no. of governmental projects are being developed within the department or have been outsourced to technological service providers, normally operating at small level. However, the outcomes from these projects have not been able to meet the requirements due to a no. of reasons like lack of financial resources, use of old technology, cost-related issues, lack of competent persons, etc. In order to overcome these defects and to take benefit of private super-specialized professionals, this step of privatization has been taken to assist the most important indirect tax reform ever.
In order to derive benefit out of privatization of GSTN alongwith ensuring the data security and information leakage; Empowere

= = = = = = = =

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

= = = = = = = =

follow the internationally accepted security and safety measures of protecting the data leakage. Also, it was proposed to appoint a Chief Information Security officer on deputation by Government to look into the matters related to information security.
* EC also clarified that the audits of GSTN would be conducted by the independent auditors, including the professional personnel designated for carrying out technology reviews and giving suggestions thereupon.
The above stated justifications were given by EC in respect of information protection mechanism while finalizing the model of GSTN. However, these are the least discussed in the GST galleries.
Conclusion-
While the idea of GSTN is an innovative one, the private ownership of the company has been a major cause of concern. Though EC has tried its best to justify the privatization of GSTN, yet, it is human nature to be threatened with every new reform until it gets settled. The rising talks about privatization of GSTN in the town

= = = = = = = =

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

= = = = = = = =

Transitional issues in Goods and Services Tax – Series 1

Transitional issues in Goods and Services Tax – Series 1
By: – Ravi Kumar Somani
Goods and Services Tax – GST
Dated:- 30-9-2015

Constitutional amendment bill for levying Goods and services tax has already been passed in loksabha. Had it not been for the rigid stand of the opposition the same would have been passed in the monsoon session of the parliament held in august 2015. Past apart, with the current business mood along with support from the states and sheer determination of the central government to bring the revolutionary tax reform at the earliest date possible, it seems that the current parliament logjam is not there to be subsisting for too long. Once the constitution bill is passed, lot of clean-up action including the future optimization plans has to be worked around to re-engineer the entire business model in accordance with the new tax regime.
If tremendous efforts are required to completely plan, implement and execute the new business models under the stri

= = = = = = = =

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

= = = = = = = =

ents;
* Treatment for units covered under industrial incentives/exemptions;
* Transition entries in the books of accounts;
* Treatment for transactions covered under Purchase tax/reverse charge;
* Pending refund claims;
* Filing of returns, completion of assessments, audits, appeals etc.
This article focuses on the transitional issues that shall be faced in respect of 'Obtaining registration under GST' and the immediate action that needs to be taken by the business entities to ensure smooth registration process.
Transitional issues in registration under GST
Transitional provisions are required to provide the process for conveniently obtaining a new registration certificate from the GST authorities of both centre and state and to surrender an existing registration certificates pertaining to various taxes subsumed. For smooth transition to registration requirements, following is expected:
* Registration process is expected to be online wherein, registration number will be

= = = = = = = =

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

= = = = = = = =

here the business entity is having a permanent establishment in the form of registered office, factory, branch, depot, warehouse or any other fixed or permanent establishment.
* Single centralized registration is expected to be issued covering all the units, branches of the assessee within that state and the jurisdiction shall be decided based on the principal place of business within that state.
* A nominal fee may be charged for grant of registration certificate in the GST regime to recover the administrative costs of physical inspection etc.
* All the existing registration certificates are expected to be continued for the purpose of filing of periodical returns, payment of dues, completion of assessments/appeals/audit, refunds, generation of requisite forms etc. The same are expected to be phased out over a period of time. Separate application for surrendering the old registration certificates may not be provided for.
* No separate registration certificate may be required un

= = = = = = = =

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

= = = = = = = =

the issues if any faced with the current PAN no. obtained from the income tax authorities.
Group Registration concept – Best practices internationally
There is concept of Group registration that is prevalent in few of the world's major economies, Such concept of group registration if brought in India can have following benefits:
* Reduction in the compliance costs;
* Simplified administration for supplies between the group companies;
* One GST return & one payment for the entire group. This is especially useful for businesses with a centralized accounting function.
* Cash flow benefits in the form of real cash savings for taxable supplies made between the group especially for the supplies made to the partially exempt group members.
Summary of the group registration concept as is prevalent in few developed countries is tabulated below for ease of reference:
United Kingdom
Australia
New Zealand
Canada
Corporate bodies that are under “common
control” and are established o

= = = = = = = =

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

= = = = = = = =

urposes and consequently are effectively ignored.
When the legal entities are considered as “Closely related” is defined under the act.
A group must appoint a representative member. Group members
making supplies outside the group must issue tax invoices.
The representative group member must
account for GST with respect to all group members' taxable
activities and file returns. Group members must adopt the same tax periods and accounting basis for GST purposes.
Group members are also jointly and severally liable for all
GST liabilities.
Transactions between group members are not generally liable to
GST. This measure applies on the condition that the supply is made to a group member that would have been entitled to input tax recovery if the supplier had not been a member of the group.
Group registration is allowed for corporations
or other taxable persons that are “under common control.”
Although, GST/HST group registration is not permitted in Canada.
Legal entities that ar

= = = = = = = =

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

= = = = = = = =

POT in GST

POT in GST
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 9-9-2015

Introduction
Prior to 01.04.2011 service tax was deposited to the credit of Government in the month following the month in which payment was received. In other words service tax was payable on receipt basis. Thereafter, in 2011 in order to achieve a closer fit between the present service tax regime and its predecessor GST regime a need of shift from cash basis to accrual basis was felt and the same was implemented.
Existing Provision under Service Tax
In the present law the point of taxation depends upon the three factors viz. date of completion of service, date of payment of service tax and the date of issue of invoice.
* General Rule including continuous supply of services
Situation
Point of Taxation
Advances received
Date of receipt of such advance
Invoice issued within stipulated period, and –
* No payment is received before issue of invoice
Payment is received before th

= = = = = = = =

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

= = = = = = = =

en point of taxation shall be the date immediately following the said period of three months.
Point of taxation for Associated Enterprises – In case of associated enterprises where the person providing the service is located outside India, the point of taxation shall be the date of debit in the books of accounts of the service receiver or the date of payment, whichever is earlier.
Special provision for Individuals/partnership firms/LLP – Where aggregate value of taxable service provided by the individuals and partnership firms from one or more premises is ₹ 50 lakhs or less in the previous financial year, the service provider has the option to pay service tax on cash basis on the taxable services upto the total of ₹ 50 lakhs in the current financial year
Point of taxation in case of change in effective rate of tax –
Date of completion of service
Date of issue of Invoice
Date of Payment
Point of taxation
Before
Before
After
Date of issue of Invoice
Before
Aft

= = = = = = = =

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

= = = = = = = =

n “supply of goods” and “supply of services”. Therefore, the point of taxation in post-GST regime will lie on the basis of supply of goods and supply of services. However, this article is emphasizing the point of taxation on the overlapping transactions to provide harmony in pre-GST and post-GST regime.
Overlapping transactions
It is proposed to consider only two factors for identifying the point of taxation in post-GST regime – Completion of service, and Issue of Invoice. The taxability will be expected to be determined as under (service is taxable in both pre-GST and post-GST regime):-
Completion of Service
Raising of Invoice
Point of Taxation
Pre-GST
Pre-GST
Pre-GST
Post-GST
Pre-GST
Post-GST
Pre-GST
Post-GST
Post-GST
In case the service is not taxable in pre-GST regime and taxable in Post-GST regime or vice-versa, the possible point of taxation event is the completion of provision of service irrespective of the date of issue of invoice or date of payment.
In case of

= = = = = = = =

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

= = = = = = = =

GST KNOWLEDGE SERIES #5: TAXES TO BE SUBSUMED IN GST

GST KNOWLEDGE SERIES #5: TAXES TO BE SUBSUMED IN GST
By: – Chitresh Gupta
Goods and Services Tax – GST
Dated:- 7-9-2015

GST is commonly described as indirect, comprehensive, broad based consumption Tax. The Dual GST which would be implemented in India will subsume many consumption taxes. The objective is to remove the multiplicity of tax levies thereby reducing the complexity and remove the effect of Tax Cascading. The objective is to subsume all those taxes that are currently levied on the sale of goods or provision of services by either Central or State Government. Subsumation of large number of taxes and other levies will allow free flow of larger pool of tax credits at both Central and State level.
1. PRINCIPLES OF TAX SUBSUMATION
The various Central, State and Local levies were examined to identify their possibility of being subsumed under GST. While identifying, the following principles were kept in mind:
* Taxes or levies to be subsumed should be primarily in

= = = = = = = =

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

= = = = = = = =

nal and Toiletries Preparations (Excise Duties) Act 1955
* Service Tax
* Additional Customs Duty, commonly known as Countervailing Duty (CVD)
* Special Additional Duty of Customs – 4% (SAD)
* Surcharges and Cesses levied by Centre are also likely to be subsumed wherever they are in the nature of taxes on goods or services. This may include cess on rubber, tea, coffee, national calamity contingent duty etc.
* Central Sales Tax to be phased out.
3. STATE TAXES TO BE SUBSUMED IN GST
Following State taxes and levies would be, to begin with, subsumed under GST:
* VAT / Sales tax
* Entertainment tax (unless it is levied by the local bodies)
* Luxury tax
* Taxes on lottery, betting and gambling
* State Cesses and Surcharges in so far as they relate to supply of goods and services
* Octroi and Entry Tax
* Purchase Tax
4. TREATMENT OF SPECIFIC GOODS
The Central Government tabled the 122nd Constitution Amendment Bill, 2014 ('Bill') on the introduction of Goods and Ser

= = = = = = = =

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

= = = = = = = =

a future date would require another constitutional amendment. CST on inter-state sales of alcohol would also continue. It therefore appears that the empowerment of States to tax alcohol products is intended to remain unaltered in the near future.
4.2 TAX ON TOBACCO PRODUCTS
Tobacco and tobacco products would be subjected to GST. However, it can be subjected to a separate excise duty by the Centre.
4.3 TAX ON PETROLEUM CRUDE/ HIGH SPEED DIESEL/ MOTOR SPIRIT/ NATURAL GAS/ AVIATION TURBINE FUEL
The States would continue as per the current laws to impose Value Added Tax (VAT) on Petroleum Crude/ High Speed Diesel/ Motor Spirit/ Natural Gas/ Aviation Turbine Fuel on intra-state sales while inter-state sales would continue to attract Central Sales Tax (CST). These products would be transitioned into the GST regime from a future date to be notified by the GST Council. It is currently unclear from the schematics of the Bill whether States would fully discontinue collecting VAT/ CST on thes

= = = = = = = =

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

= = = = = = = =

Impact under GST on Job work transactions

Impact under GST on Job work transactions
By: – ashish chaudhary
Goods and Services Tax – GST
Dated:- 5-9-2015

Goods and Service Tax (GST) upcoming in India is likely to result in widening the tax base substantially by covering large number of potential taxpayers who are hitherto not covered in the tax net either due to their activity not being in the nature of taxable or due to some exemption being claimed. It is talked that the present assessee base on Central side itself is expected to rise to approximately 60 lacs assessees from existing base of apprx. 15 lacs. One of major contributor in this rise would be job workers who may not be required to get registered under present taxation system. The paper writer has analysed impact on job workers in the proposed GST regime viz a viz current taxation system.
The manufacturing industries now-a-days stick to their core competencies and get most jobs done on outsourced basis. The sending of raw materials/semi-finished mater

= = = = = = = =

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

= = = = = = = =

rials or semi-finished goods supplied to the job worker/ so as to complete a part or whole of the process resulting in the manufacture or finishing of an article or any operation which is essential for the aforesaid process.
If one were to go by the definition of the term “job work”, it is evident the raw materials have to be supplied by another person. In Prestige Engineering India Ltd v CCE Meerut, – 1994 (9) TMI 66, the Supreme Court held that when the job worker contributed his own material to the goods supplied by the customer and engaged in manufacturing, the activity was not one of job work. However, minor additions by the job worker would not take away the fact that the activity was one of job work.
B. Job Work and Manufacture (under Central Excise)
Since excise duty is on 'manufacture', duty liability arises only when the goods are manufactured during job work. The test as to whether the process amounts to manufacture or not would be determined as per section 2(f) of Centra

= = = = = = = =

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

= = = = = = = =

duty of excise)based on which job worker would not be required to charge duty of excise. The goods must be used in manufacturing process by principal manufacturer which should result in a dutiable product being manufactured on which duty of excise is being charged. The activity undertaken by job worker would not be liable to service tax also as any process amounting to manufacture or production of goods is covered by Negative list.
* Process does not amount to manufacture:Where the processing undertaken by the job worker does not amount to manufacture, the said job worker could be liable to service tax.But before determining the same, one need to examine the exemption provided in Notification No. 25/2012 ST 20.06.2012 (called as Mega Exemption Notification). As per the said Notification, job work in relation of any goods on which appropriate duty is payable by the principal manufacturer, is exempted. Appropriate duty means “duty payable on manufacture or production under a Central A

= = = = = = = =

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

= = = = = = = =

spect of the goods produced or manufactured by Job Worker which provides for valuation as follows:
* Goods directly sold from job worker premise:Where the goods are sold by the raw material supplier/principal manufacturer from the factory of job worker – the value would have to be the transaction value of the goods so sold by the raw material supplier/principal. This will apply only when the raw material supplier and the buyer of the goods are not related and price is the sole consideration for the sale and the goods are sold for delivery at the time of removal from the job worker's factory.
Illustration: Let the value of raw materials supplied by principal be ₹ 1,00,000 and the job workers conversion cost be ₹ 15,000 and his profit margin be ₹ 5,000. If the principal sells the goods processed by the job worker at ₹ 1,50,000. Then assessable value would be ₹ 1,50,000 (that is the price charged by the principal for sale of the processed goods).
*

= = = = = = = =

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

= = = = = = = =

ount charged towards labour charges. Where the nature of work undertaken is works contract, value would be arrived at as per options provided under Rule 2A of Service Tax (Determination of Value) Rules, 2006.
2. Provisions under CST/VATAct
A. Interstate job work:The goods may be sent outside state for job work.In the absence of any sale, there would be no liability on principal manufacturer to charge CST. The material may be sent along with a declaration that the goods have been sent on job work.
The work undertaken by job worker may or may not involve use of material. Where no material is used, there is no liability to charge CST as there is no transfer of property involved.When the job worker uses materials there would be a transfer of property in goods involved and the transaction would be taxable. The taxability would depend upon the following:
* Material Billed separately: This would be a divisible contract in which job worker would charge the applicable CST on the materials

= = = = = = = =

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

= = = = = = = =

used. In these cases though there is a material transfer, the activity has been understood clearly to be service by the Court's by applying dominant motive test and consequently there is no liability to charge CST.
B. Job work within state: Where principal manufacturer and job worker are located within same state, there would be no liability on principal manufacturer to charge VAT in the absence of sales. The liability charge VAT would be same as discussed above in case of interstate job works.
3. Applicability of GST on job work
Having discussed the impact under Central Excise, Service Tax and CST/VAT, now we shall discuss the taxability under proposed GST regime.
The taxable events under present laws are manufacture (Central Excise), provision of service (Service Tax) and sale (CST/VAT) respectively for applicability of different kind of taxes. Under proposed GST regime, all these concepts would lose relevance and the taxable event would only be “supply of goods” and “supply of s

= = = = = = = =

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

= = = = = = = =

rged on the cost of product being supplied which could be determined based on cost accounting record. Similarly, job worker may charge duty based on intrinsic value of goods in the form in which it is supplied by him after processing. This can be done based on the price at which supplied by principal supplier + his job work charges (including material and labour).
* Nature of taxes and credit: In case of job work within state, both principal supplier and job worker would be required to charge CGST and SGST. In case of inter-state movement, IGST would be charged. The tax charged by one party would be eligible as credit to another which may be adjusted against discharging their output liability.
* Treatment of additional 1 % tax: In case of interstate supply of goods, additional 1% tax would also be levied for initial 2 years. However, it is proposed not to levy this tax where supply of goods is other than on account of sales. Hence, principal supplier would not be required to charge

= = = = = = = =

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

= = = = = = = =

ker on output is very less due to which the same may remain unutilised for very long period.
* Requirement of submission of forms: Under present law, the principal supplier and job worker is required to transfer the material on the basis of Annexure -II challan, delivery challan, forms under CST/VAT Act etc. All these requirements are expected to be done away under proposed GST regime. Though there could be some documentary evidence/format which may be prescribed to capture the transactions other than of supply.
* Booking of revenue in books of account: The distinction between supply and sale will continue in the post GST regime also. All supply may not be considered sales. As the transaction would not be on account of sale, it shall not be recorded as revenue in the books of principal supplier as well as job worker as revenue can be booked only when there is transfer of property in goods which is guided by Accounting Standards issued by ICAI. If all supplies are treated as revenue

= = = = = = = =

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

= = = = = = = =

1% Additional Levy: Where is it heading us?

1% Additional Levy: Where is it heading us?
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 5-9-2015

Introduction:-
Goods and Service Tax (GST) has been a topic of debate in the recent past. With the NDA government looking firm to bring in the GST, the members of Rajya Sabha still have a number of objections to raise, and for their very reasons. Finance Minister Arun Jaitley has been strongly contending that the implementation of GST would remove cascading effect of taxes thereby making way for a business-friendly economy. However, on close observation of Clause 18 of the Constitution (122nd Amendment) Bill, it appears that things are quite different than what is being projected. This clause seeks to impose the most talked 1% additional levy by the Centre on supply of goods in course of inter-state trade or commerce. In this article, an effort is being made to analyze this levy and criticism faced by it.
What is 1% additional levy?
The provisions relating to

= = = = = = = =

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

= = = = = = = =

collected by Centre for a period of two years.
* The period of two year can be revised by GST Council.
* The proceeds from this levy will be assigned to the State in which the supply of goods originates.
Further, provisions contained in sub-clause 2 to 4 to the clause 18 are explained as follows:-
Sub- clause no.
Provision contained
2
* Collection from this levy shall not form part of consolidated fund of India and will be deemed to be assigned to the State from where the supply originates.
* Only the proceeds attributable to Union territories shall be credited to Consolidated Fund.
3
Centre may prescribe list of goods on which this levy will not be applicable.
4
The law related to principles for determining the place of origin (from where the supply of goods takes place) shall be formulated by Parliament.
Need of such levy:-
Since GST is a destination based tax, it is said that initially the manufacturing states or the states where the production of goods is done;

= = = = = = = =

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

= = = = = = = =

Minister that the input tax credit of this levy will not be allowed. Thus, this is against the very basic objective of GST. Even the main feature of GST as popularized by the ruling party is that there will be no cascading effect. When the Credit of this levy will not be allowed where will it go? Definitely, it will be included in the cost of the goods that will further be subject to tax. Thus, cascading effect will be there. Also, it is mentioned that this 1% Additional tax shall be levied for a period of two years or such other period as the Goods and Services Tax Council may recommend. By these features, this levy seems to be replica of Central Sales Tax (CST) levied currently. Also, this levy has most of the inherent features of CST. At the time of introduction of VAT, CST was levied and it was said that it will be reduced year by year and ultimately it will be abolished. This promise was kept in the initial years and rate of CST was reduced from 4% to 3% and from 3% to 2% respecti

= = = = = = = =

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

= = = = = = = =

from Delhi and sends it to Punjab for tailoring. The finished goods are sent back to Delhi. Such finished goods are then consigned to Maharashtra for sale. In this way, by the time they reach Maharashtra, they would be laden with an additional tax burden of 3-4%, being 1% for each state. It would be more feasible for the dealer in Maharashtra to import such goods rather than getting them from Delhi.
On one hand, the government has been laying emphasis on “Make in India” campaign, wherein, special efforts are being made to ensure the free flow of goods and services in the economy. On the other, additional duty of such kind is being levied. It is beyond our understanding- how such additional duty shall contribute to the free flow of goods and services?
Rate of GST is already high, why 1% extra with no credit facility?
Scope of GST would be much wider than any other indirect tax structure. Thus, a no. of goods and services which are not taxable under present structure would also come u

= = = = = = = =

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

= = = = = = = =

g to the states, then where is the need for additional 1% duty which is totally against the basic principles of GST. Also, the provision of compensation of loss and this 1% additional levy is basically drafted for loss making states during transitional period of GST. When we talk of clause 19, it would result in no profit no loss situation since whatever the loss state is making will be compensated by Centre. However, when it comes to 1% additional levy, though the states making losses will have some income from this tax but the states already making profit or under no profit no loss situation will definitely gain extra. This seems to be against the basic principles of introducing this levy as the states gaining will gain more and that too with the cost of other states which shall have to bear the cost of this 1% additional levy.
While parting:-
Going by the progressions, it wouldn't be wrong to state that Modi Sarkar has actually lost the basic sight of GST. What was depicted to be

= = = = = = = =

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

= = = = = = = =

Government pushing GST to meet April, 2016 deadline

Government pushing GST to meet April, 2016 deadline
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 4-9-2015

Even though Parliament's Monsoon Session could not turn into success, the Indian Government did not step-back and has been significantly working towards the success of Goods and Services Tax (“GST”) to be able to meet the April, 2016 deadline. The Government has pressed the pedal on the much needed administrative ground work for rolling out the ambitious Indirect tax reform on time.
IT Infrastructure
As per the Revenue Minister, the IT Infrastructure for GST implementation is being kept ready, so that as soon as the legislation gets approved, the revenue department will be in a position to take the necessary f

= = = = = = = =

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

= = = = = = = =

the finance and taxation department of State Governments. Out of the three committees, one has already finalised the draft, and the other two are expected to finish by September 15.
The Two Verticals
Two dedicated verticals are being created to deal with policy and implementation of the new tax regime by the CBEC. As stated by VS Krishnan, a CBEC member, "Work is going on full steam…Sub-groups under our officials and that from states are working on the law and procedures… directorate forservice tax will make way for a directorate for GST with two verticals".
The said verticals are being set up for performance management and taxpayer services respectively to be able to respond timely to the GST requirements, keeping in mind

= = = = = = = =

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

= = = = = = = =

pass the GST Bill and is also in talks with all political parties to get the requisite 2/3 majority in Rajya Sabha where the NDA is in a minority. As per senior Ministers, the Session is expected to be a two and a half day or three day affair.
Congress's take on convening the Special Session
Even though most of the parties are on board for the GST Bill, Congress wants the tax rate at 18% to be incorporated into the law. The same has been found difficult by the Government to accept as this decision should be left to the GST Council. Also the reduction in Centre's weightage in the council is not agreeable.
The Government is trying to rally support and put Congress under pressure by arguing that, it would be in "national interest&quot

= = = = = = = =

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

= = = = = = = =

GST Transitional Challenges: Ongoing service contracts

GST Transitional Challenges: Ongoing service contracts
By: – ashish chaudhary
Goods and Services Tax – GST
Dated:- 2-9-2015

India is on behest of implementing Goods and Service Tax (GST) which is said to be biggest tax reform since Independence.
One important aspect under GST would be to deal with transitional provisions especially in relation to ongoing contracts which have been entered into pre GST but not completed at the time of GST introduction. Present discussion is confined to transitional challenges on the contracts entered into by service providers only.
The conditions in contract and their legal enforcement is a subject matter of civil law. However, under the concepts of 'consensus ad idem' or 'offer and acceptance' it is better that the parties to the contract consider and factor the future GST in the contracts. If consciously and knowingly one enters into a contract in pre-GST period, then when GST is introduced, there would be no question of additional ta

= = = = = = = =

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

= = = = = = = =

the work in the initially quoted rates and in some cases could endanger the very survival of the entity.
Apart from this, there could be exemption under existing service tax law on services provided to government say construction of road, canal, dam or other irrigation works etc. These contracts are of significant value and include the value of both material as well as services. It is very unlikely that theexemption will be continued in the GST regime on these type of contracts and if charged to standard rate of tax say 22%, you can think of what would happen to service provider. None of such infrastructural projects have that much margin. Following could be few suggestions which could safeguard interest of service provider:
* It must be clearly mentioned in the contract that the tax imposed under GST would be charged and recovered separately.
* Proper records must be maintained evidencing the extent of work completed before introduction of GST.
* The point of taxation under GS

= = = = = = = =

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

= = = = = = = =

uired to be moved from one state to another, it must get transferred to the state where it is expected to be incorporated in the service to avoid levy of additional 1% tax.
* Proper reconciliation must be prepared for revenue arising from these contracts booked in profit & Loss A/c viz a viz shown inST-3 returns.
2. Contract for services presently exempted/abated/covered by negative list: Service provider may presently be engaged in providing services which are covered by exemption notification or by negative list. Most of the exemptions presently granted are expected to be phased out in the GST regime. This could make the service provider to expose with the indirect taxation system for the first time in the GST regime. These service providers are most likely to hit as the tax rate presently from zero is expected to be in the range of 20-24%, directly affecting the cost especially in cases of B2C cases where end consumer may not be eligible to take the set off of tax charged by serv

= = = = = = = =

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

= = = = = = = =

ules yet it could be possible that certain changes are made which may make the transaction ineligible for export. This could directly affect the service exporters as the service receiver located abroad may not be concerned with the changes of tax structure in India and may straightforward deny for reimbursing additional tax cost especially where tax clause is not mentioned in the contract. The exporter of service could take following actions to safeguard against possible consequences of imposition of tax:
* All existing and running contracts must be relooked to examine the tax clause. If not mentioned, modify existing agreement or enter into supplement agreement to provide for GST in case transaction ceases to be export of service.
* Refund claim must be filed for all credit accumulated till the time GST is introduced especially in cases where it could be possible that the services presently covered under export of services could be taxed as per revised place of supply rules.
* C

= = = = = = = =

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

= = = = = = = =

ference due to the fact there could be separate SGST rate for goods and service, different place of supply rule, imposition of additional tax @1% during initial 2 years period etc. Internationally accepted practice in few countries is to treat all composite supply to be considered as supply of service notwithstanding it involves material portion also.This obviate need to segregate the consideration towards goods and services. It is not certain as of now what would be supply principle of works contract, yet following aspects could assist a service provider engaged in ongoing works contract during transition to GST.
* Specify all components of tax i.e. VAT, service tax clear in the agreement/work order so that additional cost arising under GST do not eat into the margin of service provider.
* It could be possible that existing contracts are exempted which may be brought under tax net in GST regime. In order to avail the exemption benefit extended during pre GST regime, proper documen

= = = = = = = =

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

= = = = = = = =

Dr. Hasmukh Adhia takes over as Revenue Secretary

Dr. Hasmukh Adhia takes over as Revenue Secretary
GST
Dated:- 1-9-2015

Dr. Hasmukh Adhia (IAS:GUJ (1981) took over as the Revenue Secretary, Ministry of Finance, Goverrnment of India here today. Earlier Dr. Adhia was holding the charge of Secretary, Department of Financial Services (DFS) in the same Ministry. Dr. Adhia had also earlier worked as the Finance Secretary in his cadre i.e. in the State of Gujarat.
Later speaking to the media persons, Dr. Adhia said that his priorities

= = = = = = = =

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

= = = = = = = =

Proposed scheme of transferring credit from pre-GST regime to post-GST regime.

Proposed scheme of transferring credit from pre-GST regime to post-GST regime.
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 1-9-2015

This article is prepared to know about the proposed scheme of availing unutilized credit available with the assessee in pre-GST regime. The article also deals with the fate of credit for pre-GST unregistered assessees who will register in post-GST regime.
Current provisions relating to input credit are different in case of central excise, service tax and other tax laws. Further, many of the state laws are different in relation to input credit provision. Possible methods which the Govt may adopt w.r.t to credit transition stocks could be as under:
* Fully allow deduction/refu

= = = = = = = =

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

= = = = = = = =

re GST regime and which would be used for taxable supply in GST regime.
* Appropriate mechanism needs to be provided for identification of such inputs and transfer of credits.
* Burden of proof would be on claimant.
* Purchase invoice along with appropriate stock records duly certified by CA may be asked.
Credit of Semi Finished and Finished goods lying in stock
* Credit on input goods used in semi finished/finished goods would have already been taken in tax records. Thus, no separate exercise.
* Require an appropriate mechanism to identify and allow taxes paid, based on records maintained.
Credit of Capital Goods
* Must be allowed to carry forward the taxes paid in respect of eligible capital goods lying in stock.
* Subject

= = = = = = = =

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

= = = = = = = =

Registration in GST

Registration in GST
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 28-8-2015

REGISTRATION IN GST (Proposed)
* Registration No can be PAN based followed by alphabets, numerals etc. (Eg. 10 digit PAN, 2 digit State code, 1 alphabet indicating nature of activities of an assessee and numerals indicating number of state registrations)
* GST is a destination based tax and as a result of State code, revenue can be allocated between states easily.
* There will be online Application form and it may provide link with the existing registrations.
* Original/digital signature of authorised person.
* Uniformity in documents throughout India.
* Government is proposing to charge a fee for registration under GST.

= = = = = = = =

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

= = = = = = = =

Expected Model of GST

Expected Model of GST
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 25-8-2015

* As per recommendations by Joint Working Group appointed by Empowered Committee in 2007, the GST in India may have four components in its tax structure as – (a) Central tax on goods upto retail level, (b) Central Service Tax, (c) State Vat tax on goods, and (d) State VAT on services. As far as tax rate structure is concerned each of the above four components may have four-rate categories.
* The Central GST will be administered by the Central Government and the State GST will be administered by the State Governments. The different taxes will be subsumed as under :-
Subsumed in Central Tax
Subsumed in State Tax
Central Excise Du

= = = = = = = =

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

= = = = = = = =

so as taxes by local bodies.
* Cross utilization between State GST and Central GST is not expected to be allowed.
This is just for your reference. It does not constitute our professional advice or recommendation.
Reply By Srikanthan S as =
Dear Mr Akash Phophalia, thanks for the summary.
However, you have mentioned that 'taxable event will shit to sale rather than manufacture'. Is it not 'supply' of goods/services which will be taxable event? That's why industries are looking at the fate of 'stock transfers or branch transfers' on which there could be a levy. Do kindly clarify.
Regards,
S.Srikanthan
Dated: 28-8-2015
Reply By KASTURI SETHI as =
Taxable event will be on supply and Supply will be define

= = = = = = = =

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

= = = = = = = =

QUERRY REGARDING GST

QUERRY REGARDING GST
Query (Issue) Started By: – ASHOK AMIN Dated:- 24-8-2015 Last Reply Date:- 21-12-2015 Goods and Services Tax – GST
Got 13 Replies
GST
Dear Sir,
Please let me know if GST is implemented will there be any change in record keeping for excise units. Can they combine trading & manufacturing activity under same place.
Regards
Reply By YAGAY AND SUN:
The Reply:
Dear Ashok,
Do not worry on things which are not in existence at present scenario. Government is working on this aspect to get it pass in Rajya Sabha and if passed in this financial year, then, there would a paradigm shift in Indirect Taxation and would also give boost to our country's economy/GDP between 1% to 2%. However, the double entry system

= = = = = = = =

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

= = = = = = = =

RI SETHI:
The Reply:
Yes. You can. You may ask any question but still GST has not been finalized.It is subject to so many changes. You will have to wait for.
Reply By ASHOK AMIN:
The Reply:
Dear Sir,
Ok. Noted. Thanks.
Reply By Ganeshan Kalyani:
The Reply:
The Empowered Committee has released Draft on registration, return, payment and refund. However these are draft and it will keep changing until it is finalized.
Reply By KASTURI SETHI:
The Reply:
Sh.Ganeshan Kalyani Ji,
You are right, Sir. Draft GST will keep changing as now BJP has opened Pandora's box which has stalled the proceedings in Rajya Sabha. Now chances for passage of GST bill in Rajya Sabha are slim. GST Bill will be in doldrums. The winter session in Parliament

= = = = = = = =

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

= = = = = = = =

l. I don't know why there is a feeling is present government is really serious about GST or they are trying intentionally to create obstacle with gloves in
hand with previous government to delay this historical step of GST. There might be some gray or concern areas which
both the previous and existing government aware that could be one of the reason to delay the GST mechanism. If seriously some hidden issues, that will invariably be a biggest jolt on development.
Reply By Ganeshan Kalyani:
The Reply: 3 days left for winter session to conclude.
Reply By KASTURI SETHI:
The Reply:
No chance for passage of GST by Rajya Sabha. Now possible date is 1.7.16. It was in the news.
Reply By Ganeshan Kalyani:
The Reply: Then the implementation

= = = = = = = =

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

= = = = = = = =

Finance Minister to Inaugurate Two Day Annual Conference of Chief Commissioners / Director Generals of Customs, Central Excise and Service Tax on Monday, 24th August, 2014; Conference to Focus on Emerging Areas such as Taxpayers Services, Ease o

Finance Minister to Inaugurate Two Day Annual Conference of Chief Commissioners / Director Generals of Customs, Central Excise and Service Tax on Monday, 24th August, 2014; Conference to Focus on Emerging Areas such as Taxpayers Services, Ease of Doing Business, Make in India and Goods and Services Tax Among Others; Dr. Arvind Panagariya, Vice Chairman, Niti Aayog to Deliver the 4th B.N. Banerji Lecture.
News and Press Release
Dated:- 21-8-2015

The Union Minister of Finance Shri Arun Jaitley will inaugurate the two day Annual Conference of the Chief Commissioners and Directors General of Customs, Central Excise and Service Tax on Monday, 24th August 2015 in the national capital. Shri Jaitley will deliver the keynote address on

= = = = = = = =

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

= = = = = = = =

ent survey amongst taxpayers and the results will be shared and discussed in the conference. Other new initiatives taken by CBEC in the area of simplifying procedures, promoting ease of doing business, facilitating trade, import & export and use of information technology to re-engineer business processes will also form part of the discussions with the Chief Commissioners.
The Conference will commence with revenue analysis and strategies to achieve the Budget Estimates for the current Financial Year. Theme based interactive sessions with the Chief Commissioners will focus on areas such as on 'Infrastructure and HRD issues', 'Capacity Building', 'Taxpayers Services', 'Ease of Doing Business', and 'MIS System'.
Dr. Arvind Panagariya, Vice C

= = = = = = = =

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

= = = = = = = =

Atal Pension Yojana (APY) Modified to Increase the Acceptability of the Scheme Amongst Informal Sector Workers and Make the Scheme More Viable; Subscribers Would Now Have an Option to Make the Contribution on a Monthly, Quarterly, Half Yearly Ba

Atal Pension Yojana (APY) Modified to Increase the Acceptability of the Scheme Amongst Informal Sector Workers and Make the Scheme More Viable; Subscribers Would Now Have an Option to Make the Contribution on a Monthly, Quarterly, Half Yearly Basis Instead of on a Monthly Basis Earlier; Discontinuation of Payment of Contribution Provision Substantially Modified in Favour of the Subscriber; Penalty on Delayed Payment has Been Simplified
News and Press Release
Dated:- 20-8-2015

The Atal Pension Yojana (APY) was launched by the Prime Minister Shri Narendra Modi at Kolkata on 9th May, 2015. APY provides a minimum guaranteed pension of ₹ 1000 per month or ₹ 2000 per month or ₹ 3000 per month or ₹ 4000 per mo

= = = = = = = =

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

= = = = = = = =

early basis instead of on a monthly basis earlier
* Discontinuation of payment of contribution provision has been substantially modified in favour of the subscriber. The account will not be deactivated and closed till the account balance with self-contributions minus the Government co-contributions becomes zero due to deduction of account maintenance charges and fees
* Also the penalty on delayed payment has been simplified to Rs. One (1) per month for contribution of ₹ 100, or part thereof, for each delayed monthly payment instead of different slabs given earlier
* Similarly, premature exit from the scheme before sixty years of age was not permitted earlier except in exceptional circumstances, i.e., in the event of the death of

= = = = = = = =

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

= = = = = = = =

GST IMPLICATIONS ON STOCK TRANSFERS

GST IMPLICATIONS ON STOCK TRANSFERS
Query (Issue) Started By: – SANDESH SHINDE Dated:- 18-8-2015 Last Reply Date:- 14-12-2015 Goods and Services Tax – GST
Got 5 Replies
GST
Dear Sir,
Please explain us when there is stock transfer within state which GST would be levied, IGST or CGST & SGST and additional 1% will leaviable.Please explain, thanks & regards.
Reply By KASTURI SETHI:
The Reply:
If stock transfer is within State it would attract tax under CGST or SGST depending upon the

= = = = = = = =

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

= = = = = = = =

Rajya Sabha adjourns sine die without passing the GST Bill

Rajya Sabha adjourns sine die without passing the GST Bill
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 17-8-2015

Dear Professional Colleagues,
Rajya Sabha adjourns sine die without passing the GST Bill
With the Prime Minister Shri. Narendra Modi Government going hammer and tongs using its majority in Lok Sabha to clear legislative agenda, Shri. Modi's reform agenda suffered a major blow on Thursday, August 13, 2015, when the lawmakers ended the Monsoon Parliament session without approving the much awaited Constitution (122ndAmendment) Bill, 2014 on Goods and Services Tax (“GST Bill” or “122nd CAB”) aimed at boosting economic growth by harmonising a mosaic of State and Central levies replacing a chaotic structure that inflates costs.
The Monsoon session of the Parliament, which saw protests between the Government and the Opposition, has been a complete washout. However, on the second day of the session, i.e. on July 22, 2015, Select Panel of the Rajya Sa

= = = = = = = =

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

= = = = = = = =

f the Constitution of India to summon a Joint session of the Parliament on the advice of the Government “for the purpose of deliberating and voting on the Bill”. There are, however, three caveats:
* If a Bill passed by one House but rejected by the other; or
* If disagreement between the two Houses on amendments to the Bill; or
* When more than six months have lapsed after the date of receipt of the Bill by the other House without passing it.
Thus, calling a Joint session to make up the difference is not an option for two reasons viz. GST Bill was struck in the Rajya Sabha with Oppositions neither saying yes or no and for a Constitutional Amendment Bill, it needs to be passed separately in each house by a 2/3rd majority of the members, present and voting.
Extending the session after break
Still keen to ensure passage of the GST Bill, the Centre has kept its option open of reconvening the session with the Cabinet Committee on Parliamentary Affairs on Thursday deciding not to re

= = = = = = = =

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

= = = = = = = =

the Government manages to reach out to a Congress leadership livid after the personal attacks on it by External Affairs Minister Sushma Swaraj and Finance Minister Arun Jaitley.
GST Bill hangs midway: April, 2016 deadline under mist
The virtual closing of the Monsoon session without any major business being transacted is a blow to the Government which was looking to get major pending legislations, including the GST bill, passed in both houses of the Parliament so as to get the economy back on track.
The delay in the passage of the GST bill has put a question mark on the planned roll out of the GST era by the appointed date of April 1, 2016 which now seems to be cumbersome task for the Government to meet a self-imposed deadline.
The GST Bill which will subsume all Indirect taxes into one uniform levy across the Country, has to be first passed in the Rajya Sabha with 2/3rd majority followed by its ratification by at least 50% of the States before it becomes law of the land. Following

= = = = = = = =

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

= = = = = = = =