CBEC GST Migration Help (PPT for taxpayers on Migration) – Goods and Services Tax – GST – Dated:- 13-1-2017 – CBEC GST Migration Help (PPT for taxpayers on Migration) – News – Press release
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Goods and Services Tax – Started By: – Chandrashekhar Kandpal – Dated:- 13-1-2017 Last Replied Date:- 18-1-2017 – Dear ExpertsI will appreciate your views on the following :1. Whether SGST or CGST paid in one state can be utilised as set off in other state. e.g. a branch office in Delhi registered under GST and GST from where no supply is taking place. Can we take set off of SGCT/CGST charged for Delhi office against the liability in Maharashtra? 2. If an Exhibition in organised in a state wher
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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 13-1-2017 Last Replied Date:- 2-7-2017 – Introduction Alcohol sector is the second largest contributor of taxes to state Government exchequers yielding more than ₹ 90, 000 crores in taxes every year. The total tax impact for liquor companies are in the range from 70-150% in most states as no inter-tax set-offs are available for them. While alcoholic beverages represent 25% of the food and beverage market in China and the US, in India, spirits alone is 34%, making it the largest category. For most states, alcohol contributes to 20 to 25% of state revenue (state excise). It may, however, be noted that manufacture of liquor meant for human consumption is subject to state excise duties and not Central Excise Duty under the Central Excise Act, 1944. State Excise Duties will not get subsumed in GST. With Constitution (101st) Act, 2016 which authorizes levy of GST in India, it is clear that alcohol beverages shall be kep
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try No. 30 of exemption Notification No. 25/2012-ST. To give effect to the exclusion of processes in relation to alcoholic liquor from negative list, exemption under Notification No. 25/2012-ST was also amended w.e.f. 01.06.2015 to exclude exemption to intermediate production processes/job works in relation to alcoholic liquor meant for human consumption. Liquor industry is also subject to levy of State VAT and other local taxes as entry tax / octroi etc. Goods and Services Tax (GST) as a tax reform Migrating to Goods and Services Tax (GST) is a time to revisit the taxation and remove the anomalies. Goods and Service Tax (GST) is a destination based consumption tax which is a levy of tax on all goods and services with the objective of expanding the tax base through wide coverage of economic activities , mitigating the cascading effect , reduction of exemptions , enable better compliances etc. thereby resulting into formation of common national market for goods and services . Taxation i
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ll lead to both, positive and negative impact. Likely positive GST impact on the alco-beverage industry Better and efficient logistics/distribution channels State taxes other than excise/VAT to be subsumed in GST. To that extent, input tax credit may be allowed. Relief from dual administrative control (only States to control) Likely adverse GST impact on the alco-beverage industry There is no concept of centralized registration in GST regime, unlike in the present setup. Where input goods and services used in the petroleum and liquor industries are covered under GST and the outputs are not, there could arise complex issues surrounding double taxation, ineligibility for input tax credits, supply chain regulations, and so on. GST will accentuate increased cascading effect of taxes on the final retail product price because no input tax credit will be available between GST and state excise/VAT. No input credit will be available between any two or more State taxes and on various goods and s
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certain inputs / outputs. There will be adverse impact on major consumers like hotels, restaurants, pharmaceuticals, perfumes manufacturing sector etc. in the form of increased cost. Major Challenges in GST GST poses multifarious challenges to alco-beverages industry. In the GST regime, due to higher GST rates tax on many input raw materials (for instance, agriculture inputs to ethanol production) as well as services, costs would go up significantly which would prove detrimental to the industry in both the short-term and the long-term. Even if all of these costs are passed down the value-chain, the additional burden may have a huge working capital impact on the industry. Manufacturers of alcoholic beverages for human consumption procure the raw materials (Extra Neutral Alcohol (ENA)/Grain Neutral Spirit (GNS) / Concentrate of Alcoholic Beverage) either through captive manufacture or by way of purchase from third parties in India or they import it from other countries. As the finished p
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being excluded from GST base, will be unable to avail credit for the enhanced tax paid on transportation services. The 70% abatement should be continued for taxation of these services. Some of the alco-beverages manufacturers use their own exclusive patented bottles, which may be used 5-7 times by the same manufacturer. Presently, many States impose a lower VAT rate with some states like imposing the standard VAT rate on glass bottles vattable against the VAT on the finished product sold within the state. The used glass bottles which are purchased by brewers / spirits manufacturers from used bottle dealers are again taxed at the lower/ standard VAT. In GST, each re-use / re-supply is likely to suffer GST @ 18% with no possibility of credit as alcohol is excluded from GST base. The effective GST cost on every bottle will be about 70% of the purchase price of a new bottle. This too will add to cost as levying VAT on used bottles at the full purchase price leads to double taxation, since
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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 13-1-2017 – GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN As the GST law has been revised, it is pertinent to note down what all issues still remain un-tackled or untouched. Also certain provisions are there which are yet again drafted in such a way that they would attract litigation. Here we are discussing two such provisions: Seeing the valuation provisions as prescribed in section 15, the sub-section 3 of section 15 lays down the conditions to be adhered in relation to exclusion of discounts. The sections reads as follows: (3) The value of the supply shall not include any discount that is given: (a) before or at the time of the supply provided such discount has been duly record
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d the like sectors. For the pre-shipment discount, this section clearly provides that no discount shall be allowed unless the same is given either before or at the time of supply. Now, how a discount before the supply of goods or services? Secondly, if a price is negotiated between supplier and buyer then department will always compare with other buyer price and will intend to challenge such price that these are due discount given to buyer and it is clearly not mentioned on invoice. This is due to the second condition that it should be recorded in the invoice issued for such supply. Hence, every price negotiated should mention the standard price and then discount given to buyer. Otherwise, it will always be liable to be challenged by the de
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n a particular period. Now, such type of discounts cannot be deducted beforehand. Such type of discounts were allowed under Central Excise law on notional basis. Such type of discounts will fall under second category. Hence, you have pay GST firstly and then claim discounts afterwards. However the discounts related to post sale turnovers are also not allowed. It will be allowed only if there is agreement to that effect beforehand. Normally, big companies enters into agreement and announces their policies. But the small traders does not formally enters into such agreements. They simply gives the discounts. Such discounts will always be under challenge. The above conditions have to be coupled with the condition that the recipient of the disco
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Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 12-1-2017 – Supply is wider term used in GST law as the GST is based on Supply only. Now the question arises what is supply. Supply is transfer of goods and services on which GST will be imposed. Supply has been mainly defined in Section 3 of GST law subject to Schedule- I to IV. Therefore to understand supply of goods and services it is more important to under stand the Schedule- I to IV also whether particular supply is goods or service and there are situations supply shall not constitute as supply and out of the ambit of GST. Supply has been defined in Section 2[95] as follows; Supply shall have the meaning as assigned to it in section 3. Scope of Supply [Section 3] 1. Supply includes A] all forms of supply and /or services such as Sale Transfer Barter Exchange License Rental Lease or disposal Made or agreed to be made for consideration by person in the course or furtherance of business. B] importation of services for c
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the principal or from agent to principal where agent receive the goods on behalf of principal . importation of service by taxable person from related person or his establishment outside India in the course or furtherance of business. Supply shall be treated as supply of Goods or Services [ Schedule-II ] Transfer Transfer of title in goods is supply of goods Transfer of goods or right in goods or of undivided share in goods with out the transfer of title is supply of service Transfer of title in goods under agreement that the property will pass at future date on payment of full consideration shall be supply of goods Land and Building Lease , tenancy, easement, license to occupy land is supply of services Lease, letting out of building whether industrial, commercial or residential complex for business or commerce is supply of services. Treatment of Process Any treatment or process of other person goods is supply of services. Transfer of Business Assets Goods forming part of business asse
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r any authority authorized to issue completion certificate namely architect registered under Architect Act , Chartered Engineer registered with Institute of Engineers, License Surveyor of the local body of city or town. Construction include here addition, alteration, replacement, remodeling of any existing civil structure Temporary transfer or permitting the use of or enjoyment of any intellectual property right. Development, design, programming, customization, adoption, upgradation, enhancement, implementation of information technology software. Refrain from act, tolerate an act or situation or to do an act. Work contract including transfer of property in goods involve in the execution of work contract. Transfer of right to use any goods for any purpose for specified period or not, for cash, deferred payment or other valuable consideration. Supply by way of or as part of service or in other manner whatsoever, of goods, being food or any other article for human consumption or any drink
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ent , State Government or any Local Authority which shall be treated as neither supply of goods nor supply of services………… [Schedule -IV] Services provided by Government or Local authority to another Govt. or Local Authority excluding the following. Service by department of post by way of speed post, express parcel post, life insurance and agency services. Service in relation to aircraft or vessel Transport of goods or passenger Service provided by Govt. or Local authority to individual for discharge of its statutory power or function Issuance of passport , Visa, driving license, birth certificate or death certificate Assignment of right to use natural resources to individual farmer for the purpose of agriculture Services provided by Government or Local authority or Govt. Authority by way of Activity related to function provided to Municipality Activity related to function provided to Panchayat Health care and education Service provided by Govt. towards Dipl
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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 12-1-2017 – GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN:- IMPLEMENTATION OF GST STILL SAILING IN BOATS OF UNCERTAINTY! The eighth meeting of the goods and services tax (GST) council held on Wednesday yet again ended on an uncertain note, effectively ruling out the possibility of implementation of GST from 1 April. In this two day meeting the outcome came out to be insignificant as the litigious issue of sharing of administrative powers was not taken up at all. Further a new issue was raised by States of Kerala, Delhi, West Bengal, Karnataka, Meghalaya and Tamil Nadu of a rate split under GST. Instead of equally dividing the GST tax rate as determined initially by the centre, the
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y Centre or State on goods and services. The amendments made in the Constitution makes it mandatory to implement GST before 16th September, 2017. But, according to section 20 of the Constitution (One Hundred and First Amendment) Act, 2016, President has been given power to remove any difficulty and so it appears that even if the GST is not implemented by 16th September, 2017, the imposition of taxes on goods and services will continue. It is pertinent to mention that the migration of existing assessees to GST regime is in full swing as migration of VAT assessees has already been done for many States and the migration of Service Tax assessees is to commence from 09.01.2017. The taxpayers have been brought in an ironical situation wherein the
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Reorganisation of Customs jurisdictions and Chief Commissioner of Customs Bangalore Zone Public Notice – implementation of GST and formation of new GST Commissionerates to handover all the Customs work to Customs formations – Customs – 01/2018 – Dated:- 12-1-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS NEW CUSTOMS HOUSE, PANAMBUR, MANGALURU – 575 010 www.customsmangalore.gov.in Phone No: 0824-2408164 E-Mail ID: commr-cusmnglr@nic.in Fax No: 0824- 2407100 F.NO.S-26/04/2016 CUS TECH Date 12.01.2018 PUBLIC NOTICE NO. 01/2018 Attention of all Importers, Exporters, Trade and Customs Brokers is invited to the CBEC notification No. 82/2017 Cus. (NT) dated 24.08.2017 regarding reorganisation of Customs jurisdictions and Chief Commissioner of Custom
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Shimoga, Belgaum, Bijapur, Udupi, Gadag, Dharwad, Koppal, Bellary, Raichur, Bagalkot, Gulbarga, Bidar and Yadgir. The Customs work in the said jurisdiction shall be attended by the following offices/sections in Mangalore Customs Commissionerate w.e.f. 15.01.2018. Sl. No. Districts Work will be attended by 01. Uttara Kannada District Customs Preventive Unit, Customs Division, Karwar. 02. Udupi District Customs Preventive Unit, Malpe 03. Dakshina Kannada, Kodagu, Hassan, Chickmagalur, Shimoga Districts Export Promotion Section, New Custom House, Mangaluru. 04. Belgaum, Bijapur, Udupi, Gadag, Dharwad, Koppal, Bellary, Raichur, Bagalkot, Gulbarga, Bidar and Yadgir Districts -do- 4. The Officers of above offices/sections shall take over all the
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GST – States – 01/2017 – Dated:- 12-1-2017 – GOVERNMENT OF ASSAM OFFICE OF THE COMMISSIONER OF TAXES, ASSAM KAR BHAWAN DISPUR, GUWAHAT1-6 (Circular No. 01/2017) No.CTS-4/2017/1 Dated Guwahati the 12th January, 2017 Sub: Enrollment of existing dealers in GST Portal having multiple registrations under different Acts or single Act to be subsumed under GST. The existing dealers who are migrating to GST are required to get themselves enrolled in the GST portal www.gst.gov.in after obtaining Provisional User id and Password from http://www.tax.assam.gov.in. In course of GST enrollment, there will be some dealers, who because of the nature of their business activities, will have multiple registrations under VAT, CST, Entry Tax, Luxury Tax and Ent
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st only one Provisional id and Password for the same business vertical. In other words, they should not enroll themselves with other Provisional id and Password. However, there is an exception. When a dealer is having different business verticals, in such case of course, he can do multiple enrolments for different business segments as laid down in sub-Section (2) of Section 23 of the Model GST Law. The process described above shows that all entities registered under the existing laws and having valid PAN that will be subsumed under GST, will be given provisional registration and the onus will be on the taxpayers to get the same cancelled, if he is not liable to be registered under GST. (Anurag Goel), Commissioner of Taxes, Assam Guwahati Da
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On demonetization, Finance Minister Shri Arun Jaitley says that difficult decisions initially pass through difficult phases as historic decisions have temporary pain attached to them. Stressing the implementation of GST, FM says that most of the issues have been resolved; few critical issues are left which will be resolved in the next few weeks – News and Press Release – Dated:- 11-1-2017 – The Union Finance Minister Shri Arun Jaitley reiterated the advantage of taking bold and courageous decisions to transform Indian economy. He said difficult decisions initially pass through difficult phases as historic decisions have temporary pain attached to them. Speaking about demonetization, Shri Jaitley said that India needs bold decisions as it is
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d, the combination of a more digitized economy with a more efficient tax system will make India better. The Minister said that People want transparency. So, government is emphasizing on bringing transparency and elimination of discretion and Indian economy has opened up significantly in the last two years. About the Summit, Shri Jaitley said it has been branded as Vibrant Gujarat but it has become foremost economic conclave. It showcases both Indian economy and progress of Gujarat. Shri Vijay Rupani, Chief Minister of Gujarat, Shri Nitin Patel, Dy. Chief Minister of Gujarat, Dr. Hasmukh Adhia, Revenue Secretary, Govt. of India, Shri Amarjeet Sohi, Minister of Infrastructure & Communities, Government of Canada were also present on the oc
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Goods and Services Tax – GST – Dated:- 11-1-2017 – Gandhinagar, Jan 11 (PTI) Finance Minister Arun Jaitley today reiterated that the Centre is still aiming to roll out the Goods and Services Tax (GST) regime from April 1 if all pending issues are sorted out. GST, which is to subsume most of central and state taxes like excise, service tax and VAT, needs to roll out by latest September 16, 2017, he said. This because, under the Constitutional Amendment passed by Parliament for the GST implementation, some of the existing levies would expire after September 16. Jaitley said the government was aiming to implement the new sales tax from April this year. We would want it to be implemented from April if all issues are resolved. There is a provis
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Goods and Services Tax – GST – Dated:- 11-1-2017 – Gandhinagar, Jan 11 (PTI) Goods and Services Tax will usher in a very simple and less burdensome taxation regime as it will be a single rate indirect tax which can be paid by debit/credit cards, cheque and NEFT, Revenue Secretary Hasmukh Adhia said today. He said, GST will make it easier for traders and industry to access Input Tax Credit and also ease compliance burden as the entire country will become a single market. GST is a very very simple thing to follow, it is going to be very easy for all of you. There will not be any border restriction when you move goods from one state to another. And many of the small small taxes will go away. It will be one unified tax, Adhia said at the Vibra
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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 11-1-2017 – Chapter XVI – Audit The chapter states the provision relating to the audit to be undertaken by the GST authorities. It prescribes the rights and obligation of the GST authorities in the event of conducting an audit. Not much is proposed in the revised draft law. One change that has been proposed is that now on the completion of audit, the proper officer has to inform the taxable person, whose records were audited, of the findings within thirty days of the completion of audit. Earlier in the old draft the time limit was not prescribed. This is a welcome step as currently there is no time limit for informing the assessee of the findings. As a result, there is considerabl
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Goods and Services Tax – GST – Dated:- 10-1-2017 – Model GST Law : Sec 166. Migration of existing taxpayers to GST (1) On the appointed day, every person registered under any of the earlier laws and having a valid PAN shall be issued a certificate of registration on a provisional basis in such form and manner as may be prescribed. (2) The certificate of registration issued under sub-section (1) shall be valid for a period of six months from the date of its issue: PROVIDED that the said validity period may be extended for such further period as the Central/State Government may, on the recommendation of the Council, notify. (3) Every person to whom a certificate of registration has been issued under subsection (1) shall, within the period sp
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ration under section 23. (7) A person to whom a certificate of registration has been issued on a provisional basis and who is eligible to pay tax under section 9, may opt to do so within such time and in such manner as may be prescribed: PROVIDED that where the said person does not opt to pay tax under section 9 within the time prescribed in this behalf, he shall be liable to pay tax under section 8. Draft Registration Rules Rule 14 . Migration of persons registered under Earlier Law (1) Every person registered under an earlier law and having a Permanent Account Number issued under the Income Tax Act, 1961 (Act 43 of 1961) shall be granted registration on a provisional basis and a certificate of registration in FORM GST REG- 21, incorporati
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he proper officer, to be correct and complete, a certificate of registration in FORM GST REG-06 shall be made available to the registered taxable person electronically on the Common Portal. (3) Where the particulars and/or information specified in sub-rule (2) have either not been furnished or not found to be correct or complete, the proper officer shall cancel the provisional registration granted under sub-rule (1) and issue an order in FORM GST REG-22: Provided that no provisional registration shall be cancelled as aforesaid without serving a notice to show cause in FORM GST REG-23 and without affording the person concerned a reasonable opportunity of being heard. (4) Every person registered under any of the earlier laws, who is not liabl
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Goods and Services Tax – Started By: – manish kataria – Dated:- 10-1-2017 Last Replied Date:- 11-1-2017 – We are assessed under UPVAT Central Excise and Service Tax. We have been issued provisional ID from VAT Department and Central Excise Department. I understand that I have to register with only one provisional ID. Now the problem is that since wrong PAN was registered in UPVAT we have not proceeded with the provisional Id of VAT department. All the details of the firm are correct when loggin
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To ensure implementation of GST by 1st April, 2017, Central Board of Excise & Customs (CBEC) has initiated the process of migration of its existing Central Excise/Service Tax assessees to GST from 9th January, 2017. A 24×7 Helpdesk (Through Toll-Free number and Email) started for the purpose – Goods and Services Tax – GST – Dated:- 10-1-2017 – Central Board of Excise & Customs (CBEC) has initiated the process of migration of its existing CENTRAL EXCISE/SERVICE TAX assessees to GST with effect from 9th January, 2017. As part of its efforts to ensure implementation of GST by 1st April, 2017, CBEC has taken steps to ensure that its existing taxpayers are migrated to GST in a simple, user-friendly and smooth manner. Once the existing regist
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ave to be updated in the ACES Portal www.aces.gov.in CBEC has made available a 24×7 HELPDESK (TOLL-FREE NO 1800-1200-232, EMAIL: cbecmitra.helpdesk@icegate.gov.in) for the purpose of assisting existing CENTRAL EXCISE/SERVICE TAX assessees. GSTN also has a HELP DESK number: 0124-4688999 and GSTN email address is: help@gst.gov.in A Step-by-Step Taxpayers User guide for Migration is available at www.aces.gov.in and at www.cbec.gov.in CBEC is also sending Emails/recorded telephonic messages to all registered CENTRAL EXCISE / SERVICE TAX assessees requesting them to migrate to GST. Outreach programmes such as Awareness Workshops/ Training for CENTRAL EXCISE/SERVICE TAX assessees are being organized all over India at the Commissionerates and Divi
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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 10-1-2017 – Evidence The adjudication procedure in tax matters are not of a elaborate one and only summary nature of trial. However the evidence plays a vital role in this procedure. A show cause notice issued by the authority is to enclose the documents/information relied on by him to the assessee. Likewise the assessee, while giving reply to the show cause notice, along with the reply he is to submit documents as evidence in support of his defence. If the evidences put forth by the assessee have not been taken by the adjudicating authority, then it will amount to violation of the principles of Natural Justice. The authorities may presume certain documents as to evidence to this case. The Goods and Services Tax Act, 2016 (Model law) ( Act for short) provides for the admissibility of certain documents as evidence and also the provisions for presumption as to documents in certain cases. Admissibility of documents as evi
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ny device that receives, stores and processes data, applying stipulated processes to the information and supplying results of these processes and includes the hard disc thereof or a mirror image of hard disc thereof. Section 126(3) provides that where over any period, the functioning of storing or processing information for the purposes of any activities regularly carried on over that period was regularly performed by that computers, whether- by a combination of computers operating over that period; or by different computers operation in succession over that period; or in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of Section 126 as constituting a single computer and references in this Section to a computer shall be construed accordingly. A statement contained in a document and inclu
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ed or is derived from information supplied to the computer in the ordinary course of the said activities. Certificate as evidence Section 126(4) provides that in any proceedings under this Act and the rules made there under where it is desired to give a statement in evidence by virtue of this Section, a certificate doing any of the following things- identifying the document containing the statement and describing the manner in which it was produced; giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer; dealing with any of the matters to which conditions mentioned in Section 126(2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities, shall be evidence of any matter stated in the certificate; it is sufficient for a matter to be stated
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as been seized from the custody or control of any person under the Act or any other law; or has been received from any place outside India in the course of any proceedings under the Act or any other law and such documents is tendered by the prosecution in evidence against him or any other person who is tried jointly with him, the court shall- unless the contrary is proved by such person, presume- the truth of the contents of such document; that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the Court may reasonable assume to have been signed by, or to be in the handwriting of, any particular person, is in that person s handwriting, and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested; admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evid
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Goods and Services Tax – GST – By: – Bimal jain – Dated:- 10-1-2017 – Dear Professional Colleague, MIGRATION TO GST – Assistance for transition Enrolment of existing registrants in indirect taxes was made open for the assessees presently registered with State Tax or VAT in Puducherry, the first in the Country (along with Sikkim), from November 8, 2016. On the same day, GST System Portal www.gst.gov.in ( GSTN Portal ) was launched by the Government of India. Since then, the migration process is going on full swing in different States as per the enrolment schedule provided by the GSTN (as amended). As an endeavour to see early light of GST, the Central Board of Excise and Customs ( the CBEC ), has created a separate tab, titled: MIGRATION TO GST, on the CBEC website: www.cbec.gov.in. The new tab contains 5 documents/letters, marking migration of existing Central Excise/ Service tax assesses to GST, as one of the priority tasks. In this regard, following documents are uploaded on the CBE
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ther action is required to be taken in terms of the Guidance Note by such assessee as a Central Excise/Service Tax assessee. In order to migrate to GST, an assessee needs to have a provisional ID and password. These details can be obtained by logging into ACES portal (www.aces.gov.in) and also being obtained from GSTN and assessee may periodically log in to see their status. Provisional IDs would be issued to only those assessees who have a valid PAN associated with their registration. In case the Central Excise or Service Tax registration does not have a valid Income Tax PAN number, the assessee needs to obtain the PAN number and update his registration details on to ACES portal before he can be migrated to GST. An assessee may not be provided a Provisional ID in the following cases: The PAN associated with the registration is not valid. The PAN is registered with State Tax authority and Provisional ID has been supplied by the said State Tax authority. There are multiple CE/ST registr
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L GST LAW (With Draft Rules on Registration, Payment, Invoice, Returns and Refund) We are pleased to announce release of our Handbook on Goods and Services Tax, titled, GUIDE TO REVISED MODEL GST LAW (With Draft Rules on Registration, Payment, Invoice, Returns and Refund) [3rd Edition]. This Guide to Revised Model GST Law, containing gist of all the provisions of the Model GST Law and the Draft Rules, at one place, will definitely be a building block for smooth sailing towards GST. KEY FEATURES OF THE BOOK Highlights of changes in Revised Model GST Law for easy understanding Constitutional Amendments and likely date of GST implementation GST – Need & Necessity, Overview and Model for India Discussion/analysis on Revised Model GST Law along with its comparison with First Model GST Law Analysis of meaning of the terms Supply , Goods and Services in GST Gist of documents, information, procedure, etc. required for migration of existing registrants in GST Discussion on various domains –
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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 10-1-2017 – GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN TRANSITIONAL PROVISIONS-PART-XII 197. Transitional provisions for availing Cenvat credit in certain cases This provision has been added to as to provide for treatment of such cenvat which was reversed before the appointed day due to non-payment of consideration within a period of 3 months. This provision states that in such situation such credit can be reclaimed provided that the taxable person has made the payment of the consideration for that supply of services within a period of three months from the appointed day. This provision may be a welcome step but it s also difficult to implement and brings with it restrictions.
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Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 9-1-2017 Last Replied Date:- 9-1-2017 – There are number of returns prescribed under GST law. Different returns are prescribed with due date of filing . We will discuss all provision of various return to be filed one by one. Statement of outward Supply [ Section-32] A registered taxable person shall furnish electronic statement of the details of outward supplies of goods and services for the tax period on or before the 10th of succeeding tax period other than the following : Input service distributor Non resident taxable person Taxable person u/s 9 [ Composition Scheme ] Person who is deducting at source Person collecting tax at source The Detail of Outward supplies shall include invoice, debit notes, credit notes and revised invoices issued during tax period. Every RTP who has been communicated the details under section 33[3] and Section 33[4] by recipient of supplies , can either accept or reject the detail so communicat
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9 [ Composition Scheme ] Person who is deducting at source Person collecting tax at source Return shall be filed in GSTR -2 after the end of 10th day but before 15th day of the following month from the end of tax period. Every RTP who has furnished the detail under point no.1 and remain unmatched u/s 37 and 38 shall rectify the error and omission and shall pay interest on short payment of tax, if any. No rectification for point no. 1 shall be allowed after furnishing the return u/s 34 for the month of September following the end of financial year or furnishing the annual return which ever is earlier. Returns [ Section- 34 ] A registered taxable person shall furnish the return electronically of inward and outward supplies of goods and / or services , input tax credit, tax payable , tax paid and other particular as may be prescribed other than the following person: Input service distributor Non resident taxable person Taxable person u/s 9 [ Composition Scheme ] Person who is deducting a
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under point no. 1 ,2 and 4 find any error or omission, he may rectify the omission or error in the return of the month or quarter subject to the payment of interest . But the above error or omission shall not form finding of Audit, Inspection, scrutiny or enforcement . Provided , no rectification shall be allowed after furnishing the return u/s 34 for the month of September following the end of financial year or furnishing the annual return which ever is earlier First Return [ Section 35 ] Every RTP who has made outward supply in the period between the date of liability to date of registration shall file the first return after grant of registration . Claim of input tax credit and provisional acceptance [ Section 36] Every RTP shall claim input tax credit as per the condition and restriction thereof on self assessed basis and take credit in his electronic credit ledger. The above credit can be utilized against self assessed outward tax liability. Matching, reversal and reclaim of input
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mmunicated to supplier and recipient. If outward tax liability found to be excess of reduction in input tax credit shall be informed to both. If the discrepancy has not been rectified by recipient in his return within month , the amount shall be added to the outward tax liability of supplier. This addition shall be along with interest u/s 45. If the credit note is accepted and corresponding reduction is done by recipient in his return . Interest shall be refunded to supplier . Annual Return [ Section 39 ] Every RTP except the following shall furnish annual return on or before 31st December in GSTR -9 following the end of financial year. Input service distributor Non resident taxable person Casual Taxable Person Person who is deducting at source Person collecting tax at source Every RTP who has to get his account audited under Section 53[4] shall furnish the annual return under point no.1 electronically for every financial year along with audited financial statement and reconciliation t
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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 9-1-2017 – GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN TRANSITIONAL PROVISIONS-PART-XI 188. Taxability of supply of services in certain cases This is a newly added section to provide for taxation for such instances of service provision where the point of taxation was occurring before the appointed day. It states that in cases where the point of taxation lies before the appointed day then the tax will be applicable as per the earlier law. In the old draft, this was non-existent and this has been added to bring more clarity in situations where point of taxation comes into play. Situations like taxation on advances and subsequent adjustment in the invoice value are such transaction
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of supply of goods then tax will be payable on such supply in accordance with the earlier law. 191. Provision for transfer of unutilized Cenvat Credit by taxable person having centralized registration under the earlier law Another section has been added keeping in view that many concerns have taken the centralized registration in respect of their units and were availing the cenvat at a single premise and were filing a consolidated return in respect of all such units. Now under GST regime, the registration is to be taken separately for each state. The old draft was silent on the treatment of cenvat balance which was lying with them but was pertaining to various units. Thus it was not clear how the cenvat shall be carried forward and whether
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GST – States – 22/2017-State Tax – Dated:- 9-1-2017 – KERALA STATE GOODS AND SERVICES TAXES DEPARTMENT NOTIFICATION No. 22/2017-State Tax No. C1-21187/2017. Thiruvananthapuram, 9th January 2017. Subject: Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03. In exercise of the powers conferred by sub-rule (4) of rule 3 of the Kerala State Goods and Services Tax Rules, 2017 read wi
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Goods and Services Tax – GST – Dated:- 7-1-2017 – All existing Central Excise and Service Tax assessees will be migrated to GST starting 7th January 2017. To migrate to GST, assessees would be provided a Provisional ID and Password by CBEC. Provisional IDs would be issued to only those assessees who have a valid PAN associated with their registration. An assessee may not be provided a Provisional ID in the following cases: a. The PAN associated with the registration is not valid b. The PAN is r
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Goods and Services Tax – GST – Dated:- 7-1-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF EXCISE & CUSTOMS NORTH BLOCK, NEW DELHI-110001 F.No.IV(33)16/2016-Systems Tel. : +91-11-23092628 Fax : +91-11-23092346 Dated the 6th January, 2017 Sub: reg. As you are aware, the draft Model GST Laws and Rules have been placed in the public domain and CBEC is making all efforts for smooth implementation of GST by 1 st April, 2017. One of the priority tasks in this regard is the migration of existing CENTRAL EXCISE/SERVICE TAX Assessees to GST. 2. As per Sec 166 of the draft CGST Act read with relevant rules, every Central Excise / Service Tax assessee having a valid PAN shall be granted registration under GST regime on a provisional basis. For such assesses, GSTN shall generate provisional IDs and communicate the same to the assesses through CBEC for migration to the GST regime. The Directorate General of Systems, CBEC has made necessary arrangement of
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w your personal attention on this very important task and suitably guide the jurisdictional assessees to migrate to GST well in time. Your personal involvement and monitoring would enable seamless migration of existing Central Excise/Service Tax assessees to GST by end of January, 2017. With best wishes, Yours Sincerely (S. Ramesh) ANNEXURE A – GUIDANCE NOTE FOR DEPT. OFFICERS Procedure of migration of existing Central Excise and Service tax assessees to GST The roll out of Goods and Services Tax (GST) is scheduled from 01.04.2017. The taxes of Central Excise and Service Tax would be subsumed in the GST. So a current Central Excise/ Service Tax taxpayer would need to migrate to GST, provided the taxpayer has not initiated such action as a VAT/Luxury Tax/Entry Tax/Entertainment Tax assesse under STATE COMMERCIAL TAX Dept. (2) Legal provisions for migration to GST: Section 166 of the Draft Model GST Law- Migration of existing taxpayers to GST: (1) On the appointed day, every person regis
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This is to ensure the confidentiality of the log in details. The assessee may periodically log in to see their status. (5) After the issue of the provisional ID and password, assessees will haveto log into GSTN portal (www.gst.gov.in) to fill up the required details and upload the supporting documents. After providing the requisite details, a ARN (Application Reference Number) would be communicated to the assessee by GSTN. Once an assessee has the ARN, she would migrate to GST on the scheduled GST roll out date with issue of Provisional Certificate. (6) The details filled up by assessee (including VAT assessees) would be made available to jurisdictional officers via ACES (or through new CBEC-GST portal under development) for next steps as per the legal position. (7) In case the Central Excise or Service Tax registration does not have a valid income tax PAN number, the assessee needs to obtain the PAN number and update the registration details on to ACES portal before assessee can be mi
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lty or query, assessees may contact the following helpdesk numbers: CBEC : 1800-1200-232. GSTN: 0124 – 4688999 Assessees can also email at cbecmitra.helpdesk@icegate.gov.in. ANNEXURE B Communication to the Central Excise/Service Tax Taxpayers on migration to GST Dear Central Excise/Service Tax Taxpayers, Greetings from Central Board of Excise and Customs (CBEC). We thank you for your duty/tax payments which have contributed to Nation building. As you are aware, roll out of Goods and Services Tax (GST) is scheduled from 01.04.2017. The taxes of Central Excise and Service Tax would be subsumed in the GST. So as a Central Excise/Service tax taxpayer you need to take certain action to migrate to the GST regime. In case you are also registered with State Commercial Tax dept (VAT/Luxury Tax/Entry Tax/Entertainment Tax), you may have already initiated this process of migration and no further action suggested below would be applicable to you. A schematic representation of the migration process
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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 7-1-2017 – GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN TRANSITIONAL PROVISIONS-PART-XI 188. Taxability of supply of services in certain cases This is a newly added section to provide for taxation for such instances of service provision where the point of taxation was occurring before the appointed day. It states that in cases where the point of taxation lies before the appointed day then the tax will be applicable as per the earlier law. In the old draft, this was non-existent and this has been added to bring more clarity in situations where point of taxation comes into play. Situations like taxation on advances and subsequent adjustment in the invoice value are such transaction
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of supply of goods then tax will be payable on such supply in accordance with the earlier law. 191. Provision for transfer of unutilized Cenvat Credit by taxable person having centralized registration under the earlier law Another section has been added keeping in view that many concerns have taken the centralized registration in respect of their units and were availing the cenvat at a single premise and were filing a consolidated return in respect of all such units. Now under GST regime, the registration is to be taken separately for each state. The old draft was silent on the treatment of cenvat balance which was lying with them but was pertaining to various units. Thus it was not clear how the cenvat shall be carried forward and whether
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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 6-1-2017 – GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN TRANSITIONAL PROVISIONS-PART-IX 179. Pending refund claims to be disposed of under earlier law This section provides for the treatment of such refund claims which have been filed before the appointed day in respect of any tax, amount of cenvat credit, duty, tax or interest paid before the appointed day. It provides that all such claims will be disposed off as according the rules laid down in the previous law itself and any refund accruing on such account shall be paid in cash only. Thus no cenvat will be granted against such refund. Presently, the department is allowing the rebate claim under Rule 18 of Central Excise Rules
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said amount as on the appointed day has been carried forward under this Act It is a clarificatory in nature to remove such interpretation of the law which would lead to availing of double benefits i.e. cenvat and refund both. It has been clarified that where any cenvat is carried forward in return, then no refund shall be granted of such cenvat. We have seen that refund of unutilised credit under Rule 5 of Cenvat credit Rules prescribes the condition that the refund claim should be debited from the cenvat account before filing the claim. This provision has been incorporated recently. But earlier the amount was debited only after sanction of rebate claim so that exact amount is debited in the cenvat credit account. If such type of situation
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