Annual return – Form GSTR-09 – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RETURN RULES, 20- [September 2016] – Form GSTR-09 – Annual return – Statutory Provisions, Acts, Rules, Regulations, Taxation
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Details of supplies effected through e-commerce operator and the amount of tax collected as required under sub-section (1) of section 43C – Form GSTR-08 – Draft-Bills-Reports – Draft GST Return Format
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Communication of acceptance, discrepancy or duplication of input tax credit claim – Form GST-ITC-1 – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RETURN RULES, 20-
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
TDS Certificate – Form GSTR-07A – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RETURN RULES, 20- [September 2016] – Form GSTR-07A – TDS Certificate – Statutory Provisions, Acts, Rules, Regulations, Taxation
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Return for authorities deducting tax at source – Form GSTR-07 – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RETURN RULES, 20- [September 2016] – Form GSTR-07 – Re
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Details of inward supplies made available to the ISD recipient on the basis of FORM GSTR-1 furnished by the supplier – Form GSTR-06A – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AN
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ISD return – Form GSTR-06 – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RETURN RULES, 20- [September 2016] – Form GSTR-06 – RETURN FOR INPUT SERVICE DISTRIBUTOR –
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Narendra Soni – Dated:- 17-10-2016 Last Replied Date:- 8-11-2016 – Dear Experts.We have five units in a state, please clarify:-1.Whether single registration would be applied for all the unit in a state or unit wise separate registration required.2.Whether tax is payable for inter unit transfer for job work between these units.Thanks. – Reply By ESWARAIAH K – The Reply = Whether all the five units are under single Taxable Person in a particular State? – Reply By Narendra Soni – The Reply = All units have single PAN No. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = If all the units are in the state then singe registration may be enough. – Reply By Narendra Soni – The Reply = Sir,Reply is not complete,
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Return for Non-Resident foreign taxable person – Form GSTR-05 – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RETURN RULES, 20- [September 2016] – Form GSTR-05 – Re
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Form GSTR-04A – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RETURN RULES, 20- [September 2016] – Form GSTR-04A – Statutory Provisions, Acts, Rules, Regulations, Taxation
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Quarterly Return for compounding Taxable persons – Form GSTR-04 – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RETURN RULES, 20- [September 2016] – Form GSTR-04 –
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Notice to a registered taxable person who fails to furnish return under section 27 and section 31 – Form GSTR-03A – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RE
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of amount of tax – Form GSTR-03 – Draft-Bills-Reports – Draft GST Return Formats –
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Details of inward supplies made available to the recipient on the basis of FORM GSTR-1 furnished by the supplier – Form GSTR-02A – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SE
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Details of inward supplies of taxable goods and/or services claiming input tax credit – Form GSTR-02 – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RETURN RULES, 2
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Details of outward supplies as added, corrected or deleted by the recipient – Form GSTR-01A – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RETURN RULES, 20- [Septe
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Details of outward supplies of taxable goods and/or services effected – Form GSTR-01 – Draft-Bills-Reports – Draft GST Return Formats – DRAFT – GOODS AND SERVICES TAX – RETURN RULES, 20- [September 20
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Article 279A – Indian Laws – Acts – FINANCE, PROPERTY, CONTRACTS AND SUITS – Constitution of India – Article 279A – 279A. Goods and Services Tax Council.- (1) The President shall, within sixty days from the date of commencement of the Constitution (One Hundred and First Amendment) Act, 2016, by order, constitute a Council to be called the Goods and Services Tax Council. (2) The Goods and Services Tax Council shall consist of the following members, namely:- (a) the Union Finance Minister…………………… Chairperson; (b) the Union Minister of State in charge of Revenue or Finance…………….. Member; (c) the Minister in charge of Finance or Taxation or any other Minister nominated by each State Government……………….. Memb
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
icle 269A and the principles that govern the place of supply; (d) the threshold limit of turnover below which goods and services may be exempted from goods and services tax; (e) the rates including floor rates with bands of goods and services tax; (f) any special rate or rates for a specified period, to raise additional resources during any natural calamity or disaster; (g) special provision with respect to the States of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand; and (h) any other matter relating to the goods and services tax, as the Council may decide. (5) The Goods and Services Tax Council shall recommend the date on which the goods and services ta
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ths of the weighted votes of the members present and voting, in accordance with the following principles, namely:- (a) the vote of the Central Government shall have a weightage of onethird of the total votes cast, and (b) the votes of all the State Governments taken together shall have a weightage of two-thirds of the total votes cast, in that meeting. (10) No act or proceedings of the Goods and Services Tax Council shall be invalid merely by reason of- (a) any vacancy in, or any defect in, the constitution of the Council; or (b) any defect in the appointment of a person as a member of the Council; or (c) any procedural irregularity of the Council not affecting the merits of the case. (11) The Goods and Services Tax Council shall establish
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Article 269A – Indian Laws – Acts – FINANCE, PROPERTY, CONTRACTS AND SUITS – Constitution of India – Article 269A – 269A. Levy and collection of goods and services tax in course of inter-State trade or commerce.- (1) Goods and services tax on supplies in the course of inter-State trade or commerce shall be levied and collected by the Government of India and such tax shall be apportioned between the Union and the States in the manner as may be provided by Parliament by law on the recommendations of the Goods and Services Tax Council. Explanation.-For the purposes of this clause, supply of goods, or of services, or both in the course of import into the territory of India shall be deemed to be supply of goods, or of services, or both in the c
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Article 246A – Indian Laws – Acts – RELATIONS BETWEEN THE UNION AND THE STATES – Constitution of India – Article 246A – 246A. Special provision with respect to goods and services tax.- (1) Notwithstanding anything contained in articles 246 and 254, Parliament, and, subject to clause (2), the Legislature of every State, have power to make laws with respect to goods and services tax imposed by the Union or by such State. (2) Parliament has exclusive power to make laws with respect to goods and se
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 41 – Acts – APPELLATE TRIBUNAL – PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 – Section 41 – Distribution of business amongst Benches of Appellate Tribunal.
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 14-10-2016 Last Replied Date:- 18-7-2017 – Section 34(1) of the model Goods and Services Tax Act, 2016 ( Act for short) provides that the appropriate Government may prescribe the manner of approval of Tax Return preparers, their eligibility conditions, duties and obligations as may be relevant for their functioning as a Tax Return Preparer. Eligibility Any person may act as a Tax Return Preparer under this Act if he satisfies any of conditions below- He is a citizen of India; He is a person of sound mind; He is not adjudicated as insolvent; He has not been convicted by a competent court for an offence with an imprisonment not less than two years; and He is a retired officer of- the Commercial Tax Department of any State Government; or the Central Board of Excise and Customs; Department of Revenue, Government of India, who, during his service under the Government had worked in a post not lower in rank than that of a Gro
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
as Tax Return Preparer may made an application to the officer authorized in this behalf for enrolment as Tax Return Preparer in Form No. GST TRP – 1. On receipt of such application, the authorized officer shall, after making required inquiries as he considers necessary, either enroll the applicant as a Tax Return Preparer and issue a certificate in Form No. GST TRP – 2 or reject his application if he found that the applicant is not qualified to be enrolled as a Tax Return Preparer. Validity The enrolment as Tax Return Preparer shall be valid until it is cancelled. Disqualification If any Tax Return Preparer is found guilty of misconduct in connection with any proceeding under the Act, the Authorized Officer may, by order, direct that he shall be disqualified. The said order is to be made in Form GST TRP – 4. Before passing order, the Tax Return Preparer shall be given an opportunity of being heard by giving him a show cause notice in Form GST TRP – 4. Appeal Any person, against whom a
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
confirmation shall be sought from the taxable person over email or SMS. The statement furnished by the Tax Return Preparer shall be made available to the taxable person on the Common Portal. Where the taxable person fails to respond to the request for confirmation till the date of furnishing of such statement, it shall be deemed that he has confirmed the statements furnished by the Tax Return Preparer. Section 34(3) of the Act provides that the responsibility for correctness of any particulars furnished in the return and/or other details filed by the Tax Return Preparer shall continue to rest with the registered taxable person on whose behalf such return and details are filed. Activities of Tax Return Preparer A Tax Return Preparer can undertake any or all of the following activities on behalf of a taxable person, if so authorized by the taxable person to- furnish details of outward and inward supplies; furnish monthly, quarterly, annual or final return; make payments for credit into
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
taxable person in Form No. GST TRP – 6. – Reply By Ganeshan Kalyani – The Reply = The responsibility of tax return preparer is NIL. The dealers shall not have much knowledge about the details that are required to show in the return. In such cases if tax return preparer does not advises or just uploads the details as received from dealers then the return would be incomple and the responsibility is upon the assessee. Thus in my view the tax return preparer should in addition to filing rreturn also advise the dealer to provide correct and complete details. – Reply By Pradeep Kumar – The Reply = Dear experts,What would be the fate of present tax practitioners once GST rolls out? Should they take new registration under GST or is there any provision to continue as TRP under GST Law? Please explain – Reply By Saurabh Rairikar – The Reply = @ Ganeshan Kalyani sir, I do believe in genuineness of your concern for the assessed. However, the tax return preparer as the name itself suggests is not
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
here should the TRP should be registered? Is it announced? – Reply By Khagendranath Mahato – The Reply = I think responsibility of TRP is automatically assocoated with his authorisation, otherwise he has to take the risk of getting unauthorised. – Reply By Ganeshan Kalyani – The Reply = Thanks Saurabh Rairikar Ji. One more question, whether the tax return preparer will get paid by the tax authority or from the dealers whose return he/she would be filing. – Reply By kishore chennu – The Reply = Assessee will pay the TRP not the Tax authority. – Reply By Ganeshan Kalyani – The Reply = Then the fees structure may vary depend upon the assessee and trp – Reply By Sonali Sharma – The Reply = Please enlighten abt whether TRP Scehem is operational now. And who are the authorized officers of the GST to receive TRP-1? Thanks. – Reply By KEMPAYYA BELLANKIMATH – The Reply = What would be the fate of present tax practitioners once GST rolls out? Should they take new registration under GST or is the
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Government directs the CBEC officials association demanding full control of Central Government over all assessees under GST to refrain from the protest as proposed – Goods and Services Tax – GST – Dated:- 13-10-2016 News – Press release
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Ganeshan Kalyani – Dated:- 13-10-2016 Last Replied Date:- 13-10-2016 – The threshold limit for registration under GST is ₹ 10 Lacs and ₹ 5 Lacs for North East States. The limit is so low that i assume even a small provisional vendor also would cross it. A consultant or a small service provider or advocate would are also likely to cross the prescribed threshold limit. In view of this limit, my query is what would be the purpose of including the
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 13-10-2016 Last Replied Date:- 18-10-2016 – The provisions of model GST law prescribes various types of persons for different purposes and taxation. Some of these are being used for first time. Let's discuss these terms in relation to person or taxable persons in section 2 model GST law, viz, Non-resident taxable person (clause 69) Person (Clause 74) Taxable person (Clause 96) Non-resident taxable person [Section 2(69)] 'Non-resident taxable person' means a taxable person who occasionally undertakes transactions involving supply of goods and/or services whether as principal or agent or in any other capacity but who has no fixed place of business in India. Accordingly, non-resident taxable person : is a taxable person. occasionally undertakes transactions involving supply of goods or services. undertakes transactions as a principal or agent or in any other capacity. has no fixed place of business in India. Th
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
m an exception to rule of PAN for registration. Person [Section 2(74)] 'Person' includes- an individual; a Hindu undivided family; a company; a firm; a Limited Liability Partnership; an association of persons or a body of individuals, whether incorporated or not, in India or outside India; any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 2(45) of the Companies Act, 2013 (18 of 2013); any body corporate incorporated by or under the laws of a country outside India; a co-operative society registered under any law relating to cooperative societies; a local authority; government; society as defined under the Societies Registration Act, 1860 (21 of 1860); trust; and every artificial juridical person, not falling within any of the preceding sub-clauses; The scope of the definition of 'person' given under proposed GST Act becomes wider than the existing definition given in section 65B(37) of Finance Act,
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
porate incorporated by or under the laws of a country outside India; a co-operative society registered under any law relating to cooperative societies; a local authority; government; society as defined under the Societies Registration Act, 1860; trust; and every artificial juridical person, not falling within any of the preceding sub-clauses; In terms of section 11 of Indian Contract Act, 1872, every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. Persons not competent to contract would include minors, persons of unsound mind and persons disqualified by law. Section 10 and 11 make it clear that any agreement made by a minor is void ab initio. Thus, while the definition of person includes individuals, it may not include minors who are not capacitated to contract. However, there is no specific provision in Chapter V of the Financ
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ship or any public or private body, whether corporate or not, including a state or any of its constituent sub-divisions. [Merchant Shipping Act, 1958] Person includes- (i) an individual, (ii) a Hindu Undivided Family (iii) a company (iv) a firm (v) an association of persons or body of individuals, whether incorporate or not, (vi) a local authority, and (vii) every artificial juridical person, not falling within any of the preceding sub-clauses. [Income Tax Act] Person includes- (i) a firm whether registered or not (ii) a Hindu Undivided Family (iii) a cooperative society (iv) every other association of persons whether registered under the Societies Registration Act, 1860, or not. [Consumer Protection Act, 1986] Person includes- (i) an individual (ii) a Hindu Undivided Family (iii) a company (iv) a firm, (v) an association, of person or a body of individuals, whether incorporated or not, and (vi) every artificial juridical person, not falling within any of the preceding sub-clauses, but
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ate, 1956 (9) TMI 57 – PUNJAB & HARYANA HIGH COURT (Constitution of India, Art. 14 The word, person means not duly a natural person, but also a jurisdic or artificial person, Rahmat v. Mandir Shri Laxminiaram, AIR 1976 MP 216, 218. [Madhya Pradesh Land Revenue Code 1859]. The expression person as defined in Section 3(42) of the General Clauses Act (10 of 1897) includes a company or association or body of individuals whether incorporated or not, but the expression person cannot be detached from the context and viewed apart from the nature of the writs that are enumerated in the article. In Re v. S. Hariharan, AIR 1960 AP 518, 519. [General Clauses Act, 1897]. The word person has not been defined in the Companies Act. It may be that the word comprises a number of individuals, such as a hindu joint family. The question whether a syndicate of ten persons was really composed of more than twenty persons is a question of fact to be decided on the evidence and not on a mere allegation. AIR
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ABAD , it was held that a person is a juristic person. To become a person, person includes an association of person or body of individuals, whether incorporated or not. It cannot be said that the units in Special Economic Zones (SEZ) and Domestic Tariff Area (DTA) are separate persons in the eyes of law and can be considered as separate persons. Taxable Person [Section 2(96)] Taxable person has been defined to have a meaning as assigned to it in section 9 of the model law. According to section 9, taxable person means a person who carries on any business at any place in any state or India or and who is registered or required to be registered for the purpose of GST law as per Schedule -III to the Act. Taxable person would therefore, cover both – one who are registered as taxable person under the Act and two, persons who are not so registered but required to be so registered. Thus, even unregistered person would be called a taxable person liable as such under the Act. Following points are
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
vices in relation to statutory functions (pass port, visa, driving license, birth or death certificate; functions under article 243W or 243G of Constitution; health care, education, tax, right to use natural resources, merchant overtime charges, registration under any law; services in relation to diplomatic / consular / emigration / currency / import or export / public order etc. Following persons shall not be considered as taxable persons – person providing services as an employee to his employer in terms of employment or under any legal tie creating employee -employer relationship. person in business of exclusively supplying goods or services not liable to tax person liable to pay tax under reverse charge [section 7(3)] receiving services of value not exceeding a specified limit in a year for personal use (not for use in course of or furtherance of his business). (To be continued ……) = = = = = = = = – Reply By Ganeshan Kalyani – The Reply = The compliance for non reside
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
