Goods and Services Tax – Started By: – GOPAL CHOWDHURY – Dated:- 17-11-2017 Last Replied Date:- 22-11-2017 – Dear all, As Ministry has issued Notification No.66/2017-CT dated.15.11.2017 and I have seen here it was issued granting exemption for GST on advances received by the tax payers on goods not on service who not availed for composition scheme. In this regard can any one kindly clarify me the Notification as I still can't understand is the notification issued for the tax payers to charge the rate of tax changed on certain commondity which comes into effect from the date of issue of the Notification as the provision regarding billing on the same is provided U/s 14 of the CGST Act, 2017 as provided under the Notification or else its allowing exemption from payment of tax on advances received by the tax payers. Kindly let me know. – Reply By Ganeshan Kalyani – The Reply = No. 66/2017 – Dated: 15-11-2017 – CGST Seeks to exempt all taxpayers from payment of tax on advances received
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lier or the last date on which he is required, under sub-section (1) of section 31, to issue the invoice with respect to the supply or (b)… Provided sub-section (1) of section 31 states as follows: (i) A registered person supplying taxable goods shall, before ot at the time of,- (a) removal of goods for supply to the recipient, where the supply involves movement of goods; or (b)delivery of goods or making available thereof to the recipient, in any other case, issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such other particulars as may be prescribed: Provided that the Govt may, on the recommendation of the council, by notification, specify the categories of goods or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed: Further the aforesaid notification also refer section 14 which prescribed the rate of tax applicable on the change in rate of tax in respect of supply
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section of section 31 as referred by me above. If I am wrong in understanding the notification, kindly let me know with relevant provisions in this regard as no such news comes out from CBEC or GST council that they exempt all the advances from GST yet. Please let me know. THANKS. – Reply By Ganeshan Kalyani – The Reply = Sri Gopal Sir, Notification 66/2017-CT states that the registered person (other than composition dealer) shall pay the central tax on the outward supply of goods at the time of supply as specified in clause (a) of sub-section (2) of section 12 of the said Act including in the situations … Section 12 provides for time of supply which provides for the time for payment of tax. Section 12 (2)(a) provides that time of supply shall be the date of issue of invoice by the supplier or the last date on which he is required, under sub-section (1) of section 31, to issue the invoice with respect to the supply. From the above it clarifies that a registered person shall pay tax
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in rates of 177 items comes out, so I was awaited for the clarification, views or press release in this regard, because if we advice any company to do so and on later date if department come out with there views where it is amended that exemption is provided on all supplies etc etc , So I raised this query to know your valuable opinion. As the notification no.66/2017-CT hasn't specify that it is applicable on those goods which rates where amended w.e.f 15.11.2017, we can go by this view that it is applicable on all supplies, but whereas as said by me in my previous post that clause (d) of sub section (3) of section 31 is not get amended so that part I miss somewhere to co-relate. Well thanks all the expects once again for your opinion I got some clarity on my doubts and hope as per the clarification above we can say as the notification hasn't clarify in which regard it is applicable, so it is applicable on all supplies done by the registered person not opted section 10. Hope m
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