Kanakia Hotels & Resorts Pvt. Ltd. Versus The Union of India & Ors.

2018 (9) TMI 1643 – BOMBAY HIGH COURT – TMI – Unable to upload Form GST TRAN-1 – transition to GST regime – input tax credit – It is the petitioner's case that inspite of its best efforts, the Form GST TRAN-1 for availing transitional credit under the GST Act, was not accepted online – Held that:- As the Notification has been issued, GSTN will now enable filing of TRAN 1 on the common portal for the petitioner and other registered persons in respect of whom extension has been allowed. – WRIT PETITION NO. 5946 OF 2018 Dated:- 21-9-2018 – M.S. SANKLECHA & RIYAZ I. CHAGLA, JJ. Mr. Tarun Gulati a/w Mr. Vinayak Mathur I/b PDS Legal for the petitioner Mr. M. Dwivedi a/w Mr. J.B. Mishra for the respondents P.C. 1. This petition under Article

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the communication received by Mr. Mishra from respondent no.5 to the following effect : This is in reference to Writ Petition (St.) NO.12151 of 2018 before Bombay High Court in respect of GST matters filed by M/s. Kanakia Hotels & Resorts. The issue of the petitioner was discussed in the 1st IT Grievance Redressal Committee (ITGRC) held on 22.06.2018. The ITGRC committee had approved filing of TRAN-1 by the petitioner. ITGRC referred the matter to the Law Committee to examine the consequential actions required to be taken and the mechanism for implementation of such actions (this is in accordance with Clause 7 of the Circular dated 3.4.2018). The matter was deliberated in the Law Committee and after the approval of the competent authori

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that the registered persons filing the declaration in FORM GST TRAN-1 in accordance with sub-rule (1A), may submit the statement in FORM GST TRAN-2 by 30th April, 2019. Therefore, the petitioner will be allowed to file form GST TRAN-2 as well. As the Notification has been issued, GSTN will now enable filing of TRAN 1 on the common portal for the petitioner and other registered persons in respect of whom extension has been allowed. In this regard, communication will be sent to the petitioner shortly on the steps to be followed to file TRAN 1. In view of the above, the issue of the petitioner stands resolved. This is taken on record and marked A for identification. 4. In view of the above, Mr. Gulati, learned Counsel appearing for the petitio

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Notify the rate of tax collection at source (TCS) to be collected by every electronic commerce operator for intra-state taxable supplies under HGST Act, 2017.

GST – States – 89/GST-2 – Dated:- 21-9-2018 – HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Notification The 21st September, 2018 No. 89/GST-2.- In exercise of the powers conferred by sub-section (1) of section 52 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017), the Governor of Haryana, on the recommendations of the Council, hereby notifies that every electronic commerce operator, not being an agent, shall collect an amount calculated at a rate of half per cent. of the net valu

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Government of Goa appoints the 1st day of October, 2018, as the date on which the provisions of section 52 of the Goa Goods and Services Tax Act, 2017

GST – States – 38/1/2017-Fin(R&C)(73) – Dated:- 21-9-2018 – GOVERNMENT OF GOA Department of Finance Revenue & Control Division Notification 38/1/2017-Fin(R&C)(73) In exercise of the powers conferred by sub-section (3) of section 1 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017) (hereinafter referred to as the said Act), the Government of Goa hereby appoints the 1st day of October, 2018, as the date on which the provisions of section 52 of the said Act shall come into for

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Goa Goods and Services Tax (Tenth Amendment) Rules, 2018

GST – States – 38/1/2017-Fin(R&C)(71) – Dated:- 21-9-2018 – GOVERNMENT OF GOA Department of Finance Revenue & Control Division Notification No. 38/1/2017-Fin(R&C)(71) In exercise of the powers conferred by section 164 of the Goa Goods and Services Tax Act, 2017 (Goa Act of 2017), the Government of Goa hereby makes the following rules further to amend the Goa Goods and Services Tax Rules, 2017, namely:- 1. (1) These rules may be called the Goa Goods and Services Tax (Tenth Amendment) Rules, 2018. (2) They shall come into force with effect from the 13th day of September, 2018. 2. In the FORMS to the Goa Goods and Services Tax Rules, 2017, after FORM GSTR-9A, the following shall be inserted, namely:- FORM GSTR-9C See rule 80(3) PART – A – Reconciliation Statement Pt. I Basic Details 1 Financial Year 2 GSTIN 3A Legal Name < Auto > 3B Trade Name (if any) < Auto > 4 Are you liable to audit under any Act? << Please specify >> (Amount in ₹ in all tables)

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justments on account of supply of goods by SEZ units to DTA Units (-) L Turnover for the period under composition scheme (-) M Adjustments in turnover under section 15 and rules thereunder (+/- ) N Adjustments in turnover due to foreign exchange fluctuations (+/- ) O Adjustments in turnover due to reasons not listed above (+/- ) P Annual turnover after adjustments as above < Auto > Q Turnover as declared in Annual Return (GSTR9) R Un-Reconciled turnover (Q – P) AT1 6 Reasons for Un – Reconciled difference in Annual Gross Turnover A B C Reason 1 << Text >> Reason 2 << Text >> Reason 3 << Text >> 7 Reconciliation of Taxable Turnover A Annual turnover after adjustments (from 5P above) < Auto > B Value of Exempted, Nil Rated, Non-GST supplies, No-Supply turnover C D E F Zero rated supplies without payment of tax Supplies on which tax is to be paid by the recipient on reverse charge basis Taxable turnover as per adjustments above (A-B-C-D) &lt

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mount payable but not paid (due to reasons specified under Tables 6,8 and 10 above) To be paid through Cash Description Taxable Value Central tax State tax / UT tax Integrated tax Cess, if applicabl e 1 2 3 4 5 6 5% 12% 18% 28% 3% 0.25% 0.10% Interest Late Fee Penalty Others (please specify) Pt. Reconciliation of Input Tax Credit (ITC) IV 12 Reconciliation of Net Input Tax Credit (ITC) A ITC availed as per audited Annual Financial Statement for the State/ UT (For multi-GSTIN units under same PAN this should be derived from books of accounts) B ITC booked in earlier Financial Years claimed in current Financial Year (+) C ITC booked in current Financial Year to be claimed in subsequent Financial Years (-) D ITC availed as per audited financial statements or books of account < Auto > E ITC claimed in Annual Return (GSTR9) F Un-reconciled ITC ITC 1 13 Reasons for un-reconciled difference in ITC A B C Reason 1 << Text >> Reason 2 << Text >> Reason 3 << Te

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16 Tax payable on un-reconciled difference in ITC (due to reasons specified in 13 and 15 above) Description Amount Payable Central Tax State/UT Tax Integrated Tax Cess Interest Penalty Pt. V Auditor's recommendation on additional Liability due to non-reconciliation To be paid through Cash Description Value Central tax State tax / UT tax Integrated tax Cess, if applicabl e 1 2 3 4 5 6 5% 12% 18% 28% 3% 0.25% 0.10% Input Tax Credit Interest Late Fee Penalty Any other amount paid for supplies not included in Annual Return (GSTR 9) Erroneous refund to be paid back Outstanding demands to be settled Other (Pl. specify) 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 there from. **(Signature and stamp/Seal of the Auditor) Place: …………… Name of the signatory ………………… Membership

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where multiple GSTINs (State-wise) registrations exist on the same PAN. This is common for persons / entities with presence over multiple States. Such persons / entities, will have to internally derive their GSTIN wise turnover and declare the same here. This shall include export turnover (if any). It may be noted that reference to audited Annual Financial Statement includes reference to books of accounts in case of persons / entities having presence over multiple States. 5B Unbilled revenue which was recorded in the books of accounts on the basis of accrual system of accounting in the last financial year and was carried forward to the current financial year shall be declared here. In other words, when GST is payable during the financial year on such revenue (which was recognized earlier), the value of such revenue shall be declared here. (For example, if rupees Ten Crores of unbilled revenue existed for the financial year 2016-17, and during the current financial year, GST was paid o

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5H Unbilled revenue which was recorded in the books of accounts on the basis of accrual system of accounting during the current financial year but GST was not payable on such revenue in the same financial year shall be declared here. 5I Value of all advances for which GST has not been paid but the same has been recognized as revenue in the audited Annual Financial Statement shall be declared here. 5J Aggregate value of credit notes which have been accounted for in the audited Annual Financial Statement but were not admissible under Section 34 of the CGST Act shall be declared here. 5K Aggregate value of all goods supplied by SEZs to DTA units for which the DTA units have filed bill of entry shall be declared here. 5L There may be cases where registered persons might have opted out of the composition scheme during the current financial year. Their turnover as per the audited Annual Financial Statement would include turnover both as composition taxpayer as well as normal taxpayer. Theref

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5N, 10 and 11 of Annual Return (GSTR 9). 6 Reasons for non-reconciliation between the annual turnover declared in the audited Annual Financial Statement and turnover as declared in the Annual Return (GSTR 9) shall be specified here. 7 The table provides for reconciliation of taxable turnover from the audited annual turnover after adjustments with the taxable turnover declared in annual return (GSTR-9). 7A Annual turnover as derived in Table 5P above would be auto-populated here. 7B Value of exempted, nil rated, non-GST and no-supply turnover shall be declared here. This shall be reported net of credit notes, debit notes and amendments if any. 7C Value of zero rated supplies (including supplies to SEZs) on which tax is not paid shall be declared here. This shall be reported net of credit notes, debit notes and amendments if any. 7D Value of reverse charge supplies on which tax is to be paid by the recipient shall be declared here. This shall be reported net of credit notes, debit notes

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erse charge basis by the recipient (i.e. the person for whom reconciliation statement has been prepared ) shall be declared. 9P The total amount to be paid as per liability declared in Table 9A to 9O is auto populated here. 9Q The amount payable as declared in Table 9 of the Annual Return (GSTR9) shall be declared here. It should also contain any differential tax paid on Table 10 or 11 of the Annual Return (GSTR9). 10 Reasons for non-reconciliation between payable / liability declared in Table 9P above and the amount payable in Table 9Q shall be specified here. 11 Any amount which is payable due to reasons specified under Table 6, 8 and 10 above shall be declared here. 6. Part IV consists of reconciliation of Input Tax Credit (ITC). The instructions to fill Part IV are as under:- Table No. Instructions 12A ITC availed (after reversals) as per the audited Annual Financial Statement shall be declared here. There may be cases where multiple GSTINs (Statewise) registrations exist on the sa

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ks of accounts as derived from values declared in Table 12A, 12B and 12C above will be auto-populated here. 12E Net ITC available for utilization as declared in Table 7J of Annual Return (GSTR9) shall be declared here. 13 Reasons for non-reconciliation of ITC as per audited Annual Financial Statement or books of account (Table 12D) and the net ITC (Table12E) availed in the Annual Return (GSTR9) shall be specified here. 14 This table is for reconciliation of ITC declared in the Annual Return (GSTR9) against the expenses booked in the audited Annual Financial Statement or books of account. The various sub-heads specified under this table are general expenses in the audited Annual Financial Statement or books of account on which ITC may or may not be available. Further, this is only an indicative list of heads under which expenses are generally booked. Taxpayers may add or delete any of these heads but all heads of expenses on which GST has been paid / was payable are to be declared here.

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settled by the auditor shall be declared in this Table. 8. Towards, the end of the reconciliation statement taxpayers shall be given an option to pay their taxes as recommended by the auditor. PART – B- CERTIFICATION I. Certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by the person who had conducted the audit: * I/we have examined the- (a) balance sheet as on ……… (b) the *profit and loss account/income and expenditure account for the period beginning from ………..…to ending on ……., and (c) the cash flow statement for the period beginning from ……..…to ending on ………, – attached herewith, of M/s …………… (Name), …………………….………… (Address), ..…………………(GSTIN). 2. Based on our audit I/we report tha

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for the purpose of the audit were not provided/partially provided to us. (B) In *my/our opinion, proper books of account *have/have not been kept by the registered person so far as appears from*my/ our examination of the books. (C) I/we certify that the balance sheet, the *profit and loss/income and expenditure account and the cash flow Statement are *in agreement/not in agreement with the books of account maintained at the Principal place of business at ……………………and ** ……………………additional place of business within the State. 4. The documents required to be furnished under section 35 (5) of the CGST Act and Reconciliation Statement required to be furnished under section 44(2) of the CGST Act is annexed herewith in Form No. GSTR-9C. 5. In *my/our opinion and to the best of *my/our information and according to explanations given to *me/us, the particulars given in the said Form No

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…………………………………… **(Signature and stamp/Seal of the Auditor) Place: …………… Name of the signatory ………………… Membership No……………… Date: …………… Full address ……………………… II. Certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by a person other than the person who had conducted the audit of the accounts: *I/we report that the audit of the books of accounts and the financial statements of M/s. ………………..…………………. (Name and address of the assessee with GSTIN) was conducted by M/s. ………………………………&helli

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oks of accounts, records and documents as required by the IGST/CGST/<<>>GST Act, 2017 and the rules/notifications made/issued thereunder *has not maintained the following accounts/records/documents as required by the IGST/CGST/<<>>GST Act, 2017 and the rules/notifications made/issued thereunder: 1. 2. 3. 3. The documents required to be furnished under section 35 (5) of the CGST Act and Reconciliation Statement required to be furnished under section 44(2) of the CGST Act is annexed herewith in Form No.GSTR-9C. 4. In *my/our opinion and to the best of *my/our information and according to examination of books of account including other relevant documents and explanations given to *me/us, the particulars given in the said Form No.9C are true and correct subject to the following observations/qualifications, if any: (a) …………………………….…………………&hell

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Gurugram Zonal Unit of the Directorate General of GST Intelligence (DGGI) arrests two businessmenin a case of fraudulent issuance of Input Tax Credit (ITC) invoices without actual supply of goods, involving evasion of approximately ₹ 79.21

Gurugram Zonal Unit of the Directorate General of GST Intelligence (DGGI) arrests two businessmenin a case of fraudulent issuance of Input Tax Credit (ITC) invoices without actual supply of goods, involving evasion of approximately ₹ 79.21 crore on the taxable value of concocted supplies of ₹ 450 crore – Goods and Services Tax – GST – Dated:- 20-9-2018 – Gurugram Zonal Unit of the Directorate General of GST Intelligence (DGGI) have arrested two businessmen, namely, Sh. Vikas Goel, Director of M/s Mica Industries Ltd, Delhi and Bhiwadi & M/s. Satellite Cables Pvt Ltd., Bhiwadi and Sh. Raju Singh Proprietor of M/s Galaxy Metal Products on 14.09.2018 in a case of fraudulent issuance of Input Tax Credit invoices without actual s

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Industries, Delhi for issuing such fake invoices. They are involved in issuing fake bills/invoices to each other in a Circular manner without any concomitant movement of goods or payments for such transactions thereby wrongful availing and utilizing fake ITC. On verification of corroborated documentary evidences and statements of various persons it was established that there was no movement of goods against the invoices raised. Both the Directors of companies and both the proprietor of firms have admitted that all payments for the transactions were made by third party adjustments and which were done at the end of the year. There was no actual payment invoice wise. Further investigations are underway and the quantum of evasion is likely to g

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Sanction of pending IGST refund claims where the records have not been transmitted from the GSTN to DG Systems-reg.

Customs – Sanction of pending IGST refund claims where the records have not been transmitted from the GSTN to DG Systems-reg. – TMI Updates – Highlights

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Non GST Supply

Goods and Services Tax – Started By: – Archna Gupta – Dated:- 20-9-2018 Last Replied Date:- 21-9-2018 – Dear Sir/ MadamPlease clarify that is there any difference between Non-Taxable supply and Non-GST supply with examples.RegardsArchna Gupta – Reply By SHIVKUMAR SHARMA – The Reply = 1.Supply of Goods & Services That have Nil GST is Called Non taxable Supply.Example: Grains ,Salt,Jaggery Etc.2.Goods & Services that does not come under the purview of GST while other taxes may be applicablecalled Non GST Supply.Example : Petrol,Diesel,Alcohol Etc. – Reply By Archna Gupta – The Reply = Dear Mr. SharmaIn the definition of exempt supply the terms Nil rated and non taxable supply are used differently so these two terms can not be same. R

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he business. buy indian facebook likes – Reply By Nitika Aggarwal – The Reply = Dear Mam, As per section 2(78) of CGST Act, 2017 non taxable supply means a supply of goods or services or both which is not leviable to tax under this Act or under the Integrated Goods and Services Tax Act. Meaning thereby, such supply of goods or services are first taxable but due to exemption notifications issued on timely basis, they are not exigible to tax. Like supply of cereal grains are not leviable to tax because they are covered under the exemption notification no. 02/2017-CT(rate) dated 28.06.2018. Non GST Supplies are those supplies on which the act itself not applicable. They are kept outside the purview of whole goods and service tax act. – Discuss

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TDS under GST on Import Transactions

Goods and Services Tax – Started By: – Ashok Swain – Dated:- 20-9-2018 Last Replied Date:- 21-9-2018 – Dear Experts, Kindly clarify whether TDS under GST has to be deducted from the payments made to foreign supplier on a/c of import of goods. The location of foreign supplier is outside India but the place of supply is within India. But as per Section 51 of CGST Act, no deduction shall be made if the location of the supplier and the place of supply is in a State which is different from the State of registration of the recipient. Also, the foreign supplier will not have any GSTIN and hence there is no scope for him to get the refund through elcetronic cash ledger. Please contribute your inputs on this. Ashok – Reply By Yash Jain – The Reply

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der sub-section (2) shall be such as may be prescribed, and shall include supplies on which the recipient is liable to pay tax on reverse charge basis, transactions in securities, sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building. Thus in respect of the supplier every supplies attracting RCM is exempt supplies. As the recipient of the supplies couldn't deduct tax on exempt supplies.. There is no question on deducting Tax on Import or supplies on which the tax is paid on RCM basis – Reply By DR.MARIAPPAN GOVINDARAJAN – The Reply = You are not required to recover tax under GST. – Reply By Ashok Swain – The Reply = Thank you Experts for the clarification. As the subject is taxed under RCM, there should

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Levy of GST – liquidated damages for delay in erection, testing and commissioning – independent supply or not? – The appellant could have opted for harsh measures like termination of contract but instead it chooses to tolerate the delay in retur

Goods and Services Tax – Levy of GST – liquidated damages for delay in erection, testing and commissioning – independent supply or not? – The appellant could have opted for harsh measures like termina

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Rate of tax – supply and setting up of ‘solar power generating system’ – Supply of the said turnkey EPC contract is a ‘composite supply’ u/s.2(30) of the CGST Act, 2017. The said composite supply falls within the definition of works contract u/s

Goods and Services Tax – Rate of tax – supply and setting up of ‘solar power generating system’ – Supply of the said turnkey EPC contract is a ‘composite supply’ u/s.2(30) of the CGST Act, 2017. The s

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GST B2B AMENDMENT

Goods and Services Tax – Started By: – sachin poojary – Dated:- 20-9-2018 Last Replied Date:- 22-9-2018 – WHAT IS THE TIME PERIOD REQUIRED TO UPDATE IN CUSTOMERS GSTR2 WHEN AMENDMENT DONE IN GSTR1 B2B INVOICES – Reply By Yash Jain – The Reply = Hi, It's auto populated and is done immediately. Rgds – Reply By DR.MARIAPPAN GOVINDARAJAN – The Reply = I endorse the views of Shri Yash – Reply By sachin poojary – The Reply = I have done correction in gstr1 b2b invoice on 18/07/2018 but till date

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Late Fee on GSTR-3B

Goods and Services Tax – Started By: – ROHIT GOEL – Dated:- 20-9-2018 Last Replied Date:- 21-9-2018 – One of our client is having registration on amazon for sale of goods for which he has taken registration in GST. However sale during last year was NIL as such he has not filed GST returns i.e. GSTR-3B and GSTR-1 and now he wants to surrender registration. At the time of surrender portal is showing error of GSTR-3B and at the time of filing GSTR-3B system is calculating huge penalties. Please pr

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Personal Inward Remittance

Goods and Services Tax – Started By: – Muralidharan Arumbakkam – Dated:- 20-9-2018 Last Replied Date:- 27-10-2018 – Dear SirMy son has sent for my maintenance from US in US$ to be credited to his NRE account for my maintenance. It is not a business receipt at all. I used to draw for my personal expenses only. I had not asked for any FIRC also. In the circumstances, whether he should pay CGST and SGST in respect of the remittance. Bankers have debited his account. If you could share the relative

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PART I: GST AUDIT REPORT COMMENTARY

Goods and Services Tax – GST – By: – AttnVivek Jalan – Dated:- 20-9-2018 – Part I: Commentary on Features of Audit Report under GST – Form 9C Form GSTR – 9C has been divided into 2 parts: Part – A: Reconciliation statement; Part – B: Certification by auditor; We hereby analyse Pt II as under – Part A : Pt II : Reconciliation of turnover declared in audited annual financial statement with turnover declared in annual return (GSTR – 9) 5A: Entities having multiple GSTIN s will have to derive their GSTIN wise turnover which has been reported in the financial statements for its reconciliation with the annual return. For Eg: an entity having Registrations in West Bengal (WB), Haryana (HY), Maharashtra(MH) and Karnataka(KT) and it is preparing the report for MH, then it has to deduct the turnovers of other states to arrive ah MH s turnover. It is specifically mentioned that reference to audited Annual Financial Statement includes reference to books of accounts in case of persons / entities h

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s it has not been taken in turnover; the same needs to be disclosed here. 5D: Details of supplies falling under Schedule I of the CGST Act, 2017 on which tax has been paid but not included in turnover reported in annual audited financial statements. For example, inter-branch transfers of goods, Principle to Agent Supply, Free Issues taxable under GST, etc. It is important to note that incase any transaction has been skipped but it is liable to tax, it also needs to be reported here. 5E: Identification of invoices issued in the relevant financial year for which credit notes have been issued in the subsequent financial year. The same is also required to be collated for table no. 11 of annual return (GSTR 9). For Eg: It is to be noted that only those Credit Notes which result in a difference between books and Annual return needs to be disclosed here. 5F: Trade discounts which are accounted for in the audited Annual Financial Statement but on which GST was leviable (being not permissible)

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ference in valuation of supplies shall be declared here. Eg: incase of Forex dealers, Race Courses, sellers of Lottery tickets, etc where special valuation methods are adopted. 5N: Any difference between the turnover reported in the Annual Return (GSTR 9) and turnover reported in the audited Annual Financial Statement due to foreign exchange fluctuations shall be declared here. The difference due to Forex fluctuations do not effect GST turnover as under Rule 34 GST is paid at specific Forex rates. 5O: Any difference between the turnover reported in the Annual Return (GSTR9) and turnover reported in the audited Annual Financial Statement due to reasons not listed above shall be declared here. Eg: On sale of Capital Goods, only profit/loss is recognized in Financial Statements, although under GST, Tax is paid on full amount. The final turnover derived post addition / deletion of above details should match with the turnover disclosed in the annual returns. In case there is a difference be

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TAX DEDUCTED AT SOURCE UNDER ‘GST’

Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 20-9-2018 – Date of effect The provisions of GST came into effect from 01.07.2017. Section 3 of the Central Goods and Services Tax Act, 2017 ( Act for short) provides that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. Vide Notification No. 33/2017-Central Tax, dated 15.09.2017, the Central Government appointed 18.09.2017 as the date on which the provisions of sub-section (1) of section 51 of the said Act shall come into force with respect to persons specified under clauses (a) and (b) of sub-section (1) of section 51 of the said Act and the persons specified below under clause (d) of sub-section (1) of section 51 of the said Act, namely:- an authority or a board or any other body, – set up by an Act of Parliament or a State Legislature; or establis

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ishment of the Central Government or State Government; or local authority; or Governmental agencies; or persons asnotified by the Government vide Notification No. 50/2018-Central Tax, dated 13.09.2018- an authority or a board or any other body – set up by an Act of Parliament or a State Legislature; or established by any Government, with 51% or more participation by way of equity or control, to carry out any function; Society established by the Central Government or the State Government or a Local Authority under the Societies Registration Act, 1860 Public sector undertakings. to deduct tax from the payment made or credited to the suppliers of taxable goods or services or both. No deduction shall be made if the location of the supplier and the place of supply is in a State or Union territory which is different from the State or as the case may be, Union territory of registration of the recipient. Registration Section 24 provides for compulsory registration under the Act for certain per

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igned or verified through electronic verification code, electronically in Form GST REG-14, along with the documents relating to such change at the common portal, either directly or through a Facilitation Centre notified by the Commissioner. If the particulars furnished is correct the proper officer will cause amendment of registration certificate Where the proper officer is of the opinion that the amendment sought is either not warranted or the documents furnished therewith are incomplete or incorrect, he may, within a period of fifteen working days from the date of the receipt of the application in Form GST REG-14, serve a notice in Form GST REG-03, requiring the registered person to show cause, within a period of seven working days of the service of the said notice, as to why the application submitted shall not be rejected. The registered person shall furnish a reply to the notice to show cause, in Form GST REG-04, within a period of seven working days from the date of the service of

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er section 51 the said officer may cancel the registration and such cancellation shall be communicated to the said person electronically in Form GST REG-08. The proper officer shall follow the procedure as provided in rule 22 for the cancellation of registration. Rate of tax The rate of tax to be deducted by the persons concerned is 1% from the payment made or credited to the suppliers of taxable goods or services or both. Threshold limit The tax is to be deducted only if the value of supply under a contract exceeds ₹ 2.50 lakhs. The value of supply shall be taken as the amount excluding the central tax, State tax, Union territory tax, integrated tax and cess indicated in the invoice. Due date for payment of tax deducted The amount deducted as tax under section 51 shall be paid to the Government by the deductor within 10 days after the end of the month in which such deduction is made, in such manner as may be prescribed. If any deductor fails to pay to the Government the amount d

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Tax Deduction at Source Certificate 1. TDS Certificate No. – 2. GSTIN of deductor – 3. Name of deductor – 4. GSTIN of deductee- 5. (a) Legal name of the deductee – (b) Trade name, if any – 6. Tax period in which tax deducted and accounted for in GSTR-7 – 7. Details of supplies Amount of tax deducted – Value on which tax deducted Amount of Tax deducted at source (Rs.) Integrated Tax Central Tax State /UT Tax 1 2 3 4 Signature Name Designation Office – The certificate referred to in sub-section (3) of section 51 shall be made available electronically to the deductee on the common portal in FORM GSTR-7A on the basis of the return furnished. Late fee If any deductor fails to furnish to the deductee the certificate, after deducting the tax at source, within five days of crediting the amount so deducted to the Government, the deductor shall pay, by way of a late fee, a sum of ₹ 100/- per day from the day after the expiry of such five days period until the failure is rectified, subject

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Waives the late fee payable FORM GSTR-3B, FORM GSTR-4, FORM GSTR-6.

GST – States – F.A-3-30-2018-1-V-(78) – Dated:- 20-9-2018 – Commercial Tax Department Mantralaya, Vallabh Bhawan, Bhopal Bhopal, Dated 20th September, 2018 No. F.A-3-30-2018-1-V-(78).-In exercise of the powers, conferred by Section 128 of the Madhya Pradesh Goods and Services Tax Act, 2017 (19 of 2017), the State Government, on the recommendations of the Council, hereby waives the late fee paid under section 47 of the said Act, by the following classes of taxpayers:- (i) the registered persons

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The Madhya Pradesh Goods and Services Tax Rules, (Amendment), 2017

GST – States – F.A-3-29-2018-1-V-(79) – Dated:- 20-9-2018 – Commercial Tax Department Mantralaya, Vallabh Bhawan, Bhopal Bhopal, Dated 20th September, 2018 No. F.A-3-29-2018-1-V-(79).-In exercise of the powers conferred by Section 164 of the Madhya Pradesh Goods and Services Tax Act, 2017 (19 of 2017), the State Government, hereby make the following rules further to amend the Madhya Pradesh Goods and Services Tax Rules, 2017, namely:- Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette. AMENDMNETS 2. In the Madhya Pradesh Goods and Services Tax Rules, 2017, (hereinafter referred to as the said rules), in rule 22, in sub-rule (4), the following proviso shall be inserted, namely:- Provided that where the person instead of replying to the notice served under sub-rule (1) for contravention of the provisions contained in clause (b) or clause (c) of subsection (2) of Section 29, furnishes all the pending returns and

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ate or a Union territory, as defined under clause (112) of Section 2, excluding the turnover of services; and (b) the turnover of zero-rated supply of services determined in terms of clause (D) above and non-zero-rated supply of services, excluding- (i) the value of exempt supplies other than zero-rated supplies; and (ii) the turnover of supplies in respect of which refund is claimed under sub-rule (4A) or sub-rule (4B) or both, if any, during the relevant period. . 6. In the said rules, with effect from the 23rd October, 2017, in rule 96, for sub-rule (10), the following sub-rule shall be substituted, namely:- (10) The persons claiming refund of integrated tax paid on exports of goods or services should not have – (a) received supplies on which the benefit of the this department notification No. F-A-3-74-2017-1-V-(137) dt. 18-10-2017 or notification No. 41/2017-Integreted Tax (Rate) dated the 23rd October, 2017 published in the Gazette of India, Extraordinary, Part II Section 3, Sub-s

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tuted, namely:- FORM GST REG-20 [See rule 22(4)] Reference No. – Date – To Name Address GSTIN/UIN Show Cause Notice No. Date- Order for dropping the proceedings for cancellation of registration This has reference to your reply filed vide ARN dated – in response to the show cause notice referred to above. Upon consideration of your reply and/or submissions made during hearing, the proceedings initiated for cancellation of registration stands vacated for the following reasons: text or The above referred show cause notice was issued for contravention of the provisions of clause (b) or clause (c) of sub-section (2) of Section 29 of the Madhya Pradesh Goods Services Tax Act, 2017. As you have filed all the pending returns which were due on the date of issue of the aforesaid notice, and have made full payment of tax along with applicable interest and late fee, the proceedings initiated for cancellation of registration are hereby dropped. Signature Name of the Officer Designation Jurisdictio

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r under which goods have been received back Date of challan issued by job worker under which goods have been received back Description of goods UQC Quantity Original challan No. under which goods have been sent for job work Original challan date under which goods have been sent for job work Nature of job work done by job worker Losses & wastes UQC Quantity 1 2* 3* 4 5 6 7* 8* 9 10 11 (B) Details of inputs / capital goods received back from job worker other than the job worker to whom such goods were originally sent for job work; and losses and wastes: GSTIN/State of job worker if unregistered Challan No. issued by job worker under which goods have been received back Date of challan issued by job worker under which goods have been received back Description of goods UQC Quantity Original challan No. under which goods have been sent for job work Original challan date under which goods have been sent for job work Nature of job work done by job worker Losses & wastes UQC Quantity 1

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where one-to-one correspondence between goods sent for job work and goods received back after job work is not possible. 6. Verification I hereby solemnly affirm and declare that the information given hereinabove is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom. Signature Name of Authorised Place Signatory ……… Date Designation/ Status………………… . 10. In the said rules, after FORM GSTR-8, the following FORMS shall be inserted, namely:- FORM GSTR-9 (See rule 80) Annual Return Pt. I Basic Details 1 Financial Year 2 GSTIN 3A Legal Name 3B Trade Name (if any) Pt. II Details of Outward and inward supplies declared during the financial year (Amount in ₹ in all tables) Nature of Supplies Taxable Value Central Tax State Tax/UT Tax Integrated Tax Cess 1 2 3 4 5 6 4 Details of advances, inward and outward supplies on which tax is payable as declared in returns filed during t

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pplies on which tax is to be paid by the recipient on reverse charge basis D Exempted E Nil Rated F Non-GST supply G Sub-total (A to F above) H Credit Notes issued in respect of transactions specified in A to F above (-) I Debit Notes issued in respect of transactions specified in A to F above (+) J Supplies declared through Amendments (+) K Supplies reduced through Amendments (-) L Sub-Total (H to K above) M Turnover on which tax is not to be paid (G + L above) N Total Turnover (including advances) (4N + 5M – 4G above) Pt. III Details of ITC as declared in returns filed during the financial year Description Type Central Tax State Tax/UT Tax Integrated Tax Cess 1 2 3 4 5 6 6 Details of ITC availed as declared in returns filed during the financial year A Total amount of input tax credit availed through FORM GSTR-3B (sum total of Table 4A of FORM GSTR-3B) B Inward supplies (other than imports and inward supplies liable to reverse charge but includes services received from SEZs) Inputs Ca

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r Rule 39 C As per Rule 42 D As per Rule 43 E As per section 17(5) F Reversal of TRAN-I credit G Reversal of TRAN-II credit H Other reversals (pl. specify) I Total ITC Reversed (A to H above) J Net ITC Available for Utilization (6O – 7I) 8 Other ITC related information A ITC as per GSTR-2A(Table 3 & 5 thereof) B ITC as per sum total of 6(B) and 6(H) above C ITC on inward supplies (other than imports and inward supplies liable to reverse charge but includes services received from SEZs) received during 2017-18 but availed during April to September, 2018 D Difference [A-(B+C)] E ITC available but not availed (out of D) F ITC available but ineligible (out of D) G IGST paid on import of goods (including supplies from SEZ) H IGST credit availed on import of goods (as per 6(E) above) I Difference (G-H) J ITC available but not availed on import of goods (Equal to I) K Total ITC to be lapsed in current financial year (E + F + J) Pt. IV Details of tax paid as declared in returns filed during

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Integrated Tax Cess Interest Penalty Late Fee/Others 1 2 3 4 5 A Total Refund claimed B Total Refund sanctioned C Total Refund Rejected D Total Refund Pending E Total demand of taxes F Total taxes paid in respect of E above G Total demands pending out of E above 16 Information on supplies received from composition taxpayers, deemed supply under section 143 and goods sent on approval basis Details Taxable Value Central Tax State Tax/UT Tax Integrated Tax Cess 1 2 3 4 5 6 A Supplies received from Composition taxpayers B Deemed supply under Section 143 C Goods sent on approval basis but not returned 17 HSN Wise Summary of outward supplies HSN Code UQC Total Quantity Taxable Value Rate of Tax Central Tax State Tax/UT Tax Integrated Tax Cess 1 2 3 4 5 6 7 8 9 18 HSN Wise Summary of Inward supplies HSN Code UQC Total Quantity Taxable Value Rate of Tax Central Tax State Tax/UT Tax Integrated Tax Cess 1 2 3 4 5 6 7 8 9 19 Late fee payable and paid Description Payable Paid 1 2 3 A Central Tax

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ble No. Instructions 4A Aggregate value of supplies made to consumers and unregistered persons on which tax has been paid shall be declared here. These will include details of supplies made through E-Commerce operators and are to be declared as net of credit notes or debit notes issued in this regard. Table 5, Table 7 along with respective amendments in Table 9 and Table 10 of FORM GSTR-1 may be used for filling up these details. 4B Aggregate value of supplies made to registered persons (including supplies made to UINs) on which tax has been paid shall be declared here. These will include supplies made through E-Commerce operators but shall not include supplies on which tax is to be paid by the recipient on reverse charge basis. Details of debit and credit notes are to be mentioned separately. Table 4A and Table 4C of FORM GSTR-1 may be used for filling up these details. 4C Aggregate value of exports (except supplies to SEZs) on which tax has been paid shall be declared here. Table 6A

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lue of all import of services. Table 3.1(d) of FORM GSTR-3B may be used for filling up these details. 4I Aggregate value of credit notes issued in respect of B to B supplies (4B), exports (4C), supplies to SEZs (4D) and deemed exports (4E) shall be declared here. Table 9B of FORM GSTR-1 may be used for filling up these details. 4J Aggregate value of debit notes issued in respect of B to B supplies (4B), exports (4C), supplies to SEZs (4D) and deemed exports (4E) shall be declared here. Table 9B of FORM GSTR-1 may be used for filling up these details. 4K & 4L Details of amendments made to B to B supplies (4B), exports (4C), supplies to SEZs (4D) and deemed exports (4E), credit notes (4I), debit notes (4J) and refund vouchers shall be declared here. Table 9A and Table 9C of FORM GSTR-1 may be used for filling up these details. 5A Aggregate value of exports (except supplies to SEZs) on which tax has not been paid shall be declared here. Table 6A of FORM GSTR-1 may be used for filling

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lling up these details. 5J & 5K Details of amendments made to exports (except supplies to SEZs) and supplies to SEZs on which tax has not been paid shall be declared here. Table 9A and Table 9C of FORM GSTR-1 may be used for filling up these details. 5N Total turnover including the sum of all the supplies (with additional supplies and amendments) on which tax is payable and tax is not payable shall be declared here. This shall also include amount of advances on which tax is paid but invoices have not been issued in the current year. However, this shall not include the aggregate value of inward supplies on which tax is paid by the recipient (i.e. by the person filing the annual return) on reverse charge basis. 4. Part III consists of the details of all input tax credit availed and reversed in the financial year for which the annual return is filed. The instructions to fill Part III are as follows:- Table No. Instructions 6A Total input tax credit availed in Table 4A of FORMGSTR-3B f

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f input tax credit availed on all inward supplies received from registered persons on which tax is payable on reverse charge basis shall be declared here. It may be noted that the total ITC availed is to be classified as ITC on inputs, capital goods and input services. Table 4(A)(3) of FORM GSTR-3B may be used for filling up these details. 6E Details of input tax credit availed on import of goods including supply of goods received from SEZs shall be declared here. It may be noted that the total ITC availed is to be classified as ITC on inputs and capital goods. Table 4(A)(1) of FORM GSTR-3B may be used for filling up these details. 6F Details of input tax credit availed on import of services (excluding inward supplies from SEZs) shall be declared here. Table 4(A)(2) of FORM GSTR-3B may be used for filling up these details. 6G Aggregate value of input tax credit received from input service distributor shall be declared here. Table 4(A)(4) of FORM GSTR-3B may be used for filling up these

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, 39,42 and 43 of the Madhya Pradesh Goods and Services Tax Rules, 2017 shall be declared here. This column should also contain details of any input tax credit reversed under section 17(5) of the CGST Act, 2017 and details of ineligible transition credit claimed under FORM GST TRAN-I or FORM GST TRAN-II and then subsequently reversed. Table 4(B) of FORM GSTR-3B may be used for filling up these details. Any ITC reversed through FORM ITC -03 shall be declared in 7H. 8A The total credit available for inwards supplies (other than imports and inwards supplies liable to reverse charge but includes services received from SEZs) received during 2017-18 and reflected in FORM GSTR-2A (table 3 & 5 only) shall be auto-populated in this table. This would be the aggregate of all the input tax credit that has been declared by the corresponding suppliers in their FORM GSTR-I. 8B The input tax credit as declared in Table 6B and 6Hshall be auto-populated here. 8C Aggregate value of input tax credit a

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current financial year shall be computed in this row. 5. Part IV is the actual tax paid during the financial year. Payment of tax under Table 6.1 of FORM GSTR-3B may be used for filling up these details. 6. Part V consists of particulars of transactions for the previous financial year but declared in the returns of April to September of current FY or date of filing of Annual Return for previous financial year (for example in the annual return for the FY, 2017-18, the transactions declared in April to September 2018 for the FY, 2017-18 shall be declared), whichever is earlier. The instructions to fill Part V are as follows:- Table No. Instructions 10 & 11 Details of additions or amendments to any of the supplies already declared in the returns of the previous financial year but such amendments were furnished in Table 9A, Table 9B and Table 9C of FORM GSTR-1 of April to September of the current financial year or date of filing of Annual Return for the previous financial year, whiche

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processing shall be declared here. Refund claimed will be the aggregate value of all the refund claims filed in the financial year and will include refunds which have been sanctioned, rejected or are pending for processing. Refund sanctioned means the aggregate value of all refund sanction orders. Refund pending will be the aggregate amount in all refund application for which acknowledgement has been received and will exclude provisional refunds received. These will not include details of non-GST refund claims. 15E, 15F and 15G Aggregate value of demands of taxes for which an order confirming the demand has been issued by the adjudicating authority shall be declared here. Aggregate value of taxes paid out of the total value of confirmed demand as declared in 15E above shall be declared here. Aggregate value of demands pending recovery out of 15E above shall be declared here. 16A Aggregate value of supplies received from composition taxpayers shall be declared here. Table 5 of FORM GSTR

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s. Table 12 of FORM GSTR-1 may be used for filling up details in Table 17. 19 Late fee will be payable if annual return is filed after the due date. FORM GSTR-9A (See rule 80) Annual Return (For Composition Taxpayer) Pt. I Basic Details 1 Financial Year 2 GSTIN 3A Legal Name 3B Trade Name (if any) 4 Period of composition scheme during the year (From To ) 5 Aggregate Turnover of Previous Financial Year (Amount in ₹ in all tables) Pt. II Details of outward and inward supplies declared in returns filed during the financial year Description Turnover Rate of Tax Central Tax State/UT Tax Integrated tax Cess 1 2 3 4 5 6 7 6 Details of Outward supplies on which tax is payable as declared in returns filed during the financial year A Taxable B Exempted, Nil-rated C Total 7 Details of inward supplies on which tax is payable on reverse charge basis (net of debit/credit notes) declared in returns filed during the financial year Description Taxable Value Central Tax State Tax/UT Tax Integrate

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e charge declared through Amendments (+) (net of debit notes) 12 Supplies / tax (outward) reduced through Amendments (-) (net of credit notes) 13 Inward supplies liable to reverse charge reduced through Amendments (-) (net of credit notes) 14 Differential tax paid on account of declaration made in 10, 11, 12 & 13 above Description Payable Paid 1 2 3 Integrated Tax Central Tax State/UT Tax Cess Interest Pt. V Other Information 15 Particulars of Demands and Refunds Description Central Tax State Tax/UT Tax Integrated Tax Cess Interest Penalty Late Fee/Others 1 2 3 4 5 6 7 8 A Total Refund claimed Total Refund sanctioned B C Total Refund Rejected D Total Refund Pending E Total demand of taxes F Total taxes paid in respect of E above G Total demands pending out of E above 16 Details of credit reversed or availed Description Central Tax State Tax/UT Tax Integrated Tax Cess 1 2 3 4 5 A Credit reversed on opting in the composition scheme (-) B Credit availed on opting out of the compositio

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s the sum total of turnover of all taxpayers registered on the same PAN. 3. Part II consists of the details of all outward and inward supplies in the financial year for which the annual return is filed. The instructions to fill Part II are as follows:- Table No. Instructions 6A Aggregate value of all outward supplies net of debit notes / credit notes, net of advances and net of goods returned for the entire financial year shall be declared here. Table 6 and Table 7 of FORM GSTR-4 may be used for filling up these details. 6B Aggregate value of exempted, Nil Rated and Non-GST supplies shall be declared here. 7A Aggregate value of all inward supplies received from registered persons on which tax is payable on reverse charge basis shall be declared here. Table 4B, Table 5 and Table 8A of FORM GSTR-4 may be used for filling up these details. 7B Aggregate value of all inward supplies received from unregistered persons (other than import of services) on which tax is payable on reverse charge

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ions to fill Part V are as follows: Table No. Instructions 10,11,12,13 and 14 Details of additions or amendments to any of the supplies already declared in the returns of the previous financial year but such amendments were furnished in Table 5 (relating to inward supplies) or Table 7(relating to outward supplies) of FORM GSTR- 4 of April to September of the current financial year or upto the date of filing of Annual Return for the previous financial year, whichever is earlier shall be declared here. 5. Part V consists of details of other information. The instruction to fill Part V are as follows:- Table No. Instructions 15A, 15B, 15C and 15D Aggregate value of refunds claimed, sanctioned, rejected and pending for processing shall be declared here. Refund claimed will be the aggregate value of all the refund claims filed in the financial year and will include refunds which have been sanctioned, rejected or are pending for processing. Refund sanctioned means the aggregate value of all r

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AVR Storage Tank Terminals Pvt. Ltd. Versus CCT Visakhapatnam GST

2018 (11) TMI 169 – CESTAT HYDERABAD – TMI – CENVAT Credit – period October 2011 and March 2015 – input services – security services for the security guards hired by them – lift maintenance service – service tax paid by the appellant under reverse charge mechanism from the services of chartered accountant filed by them.

Service tax paid by the appellant under reverse charge mechanism from the services of chartered accountant filed by them – Held that:- There is no legal provision under which such an amount could be paid as service tax or credit of the same would have availed by them – the credit of service tax availed by the appellant on the services of chartered accountant paid wrongly by them under reverse charge mechanism needs to be disallowed.

CENVAT Credit – Lift maintenance service – security services – Held that:- The appellant hired these services and paid for them along with service tax. Given the nature of these services running their business from others the s

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They also availed the benefit of CENVAT credit under CCR 2004. The dispute in question is with reference to three services on which they have availed CENVAT credit between October 2011 and March 2015. These are (1) Service tax paid on security services for the security guards hired by them (2) service tax paid by them for lift maintenance and (3) service tax paid by the appellant under reverse charge mechanism from the services of chartered accountant filed by them. A show cause notice was issued to the appellant seeking to recover CENVAT credit on account of these services along with interest under section 74 and to impose penalties under sections 77 & 78 of Finance Act. It is the case of the department that as far as the security services are concerned, although the security agency has been hired by the appellant for providing security to their office and the invoices have also been raised in their name along with service tax which they have paid, the benefit of the security serv

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audit. Therefore, the extended period of limitation is invokable under the proviso to Section 73(1) of the Finance Act. Interest is also chargeable under section 75 and penalties are imposable under sections 77 & 78 of Finance Act. 2. After following due process, the original authority confirmed the demands along with interest and imposed penalties as proposed. The appellant filed an appeal before the first appellate authority, who rejected the same and upheld the Order-in-Original. Hence this appeal. 3. Ld. Counsel for the appellant reiterated the above facts of the case and argued that as far as the service tax paid under reverse charge mechanism for the services of the chartered accountant is concerned, he concedes that there is no legal provision under which they could have paid service tax under reverse charge mechanism. However, it is his submission that the chartered accountant was a small operator who had not even registered with Service Tax department and as a matter of a

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es are sister companies which occupied the same complex and have all enjoyed the benefit of these services and therefore the entire amount of service tax paid cannot be attributed to the output services rendered by the appellant. Proportionate credit has been allowed in the Order-in-Original and upheld in the impugned order and there is no infirmity in the impugned order; accordingly appeal may be rejected. 5. I have considered the arguments on both sides and perused the records. As far as the question of service tax paid under reverse charge mechanism irregularly availed by the appellant on the services of chartered accountant are concerned, Ld. Counsel concedes that there is no legal provision under which such an amount could be paid as service tax or credit of the same would have availed by them. I find this reflects the correct legal position and therefore the credit of service tax availed by the appellant on the services of chartered accountant paid wrongly by them under reverse c

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In Re: M/s. Venkatesh Automobiles

2018 (10) TMI 1143 – AUTHORITY FOR ADVANCE RULING, GOA – 2018 (18) G. S. T. L. 366 (A. A. R. – GST) – Levy of GST – services of Pollution Testing of Commercial and Non Commercial Vehicles – Whether the service provided for issuing Pollution Under Control Certificate for Vehicles on behalf of State Government is exempted from the GST or not?

Held that:- The services rendered by the applicant is not covered under Schedule III appended to the Central Goods and Service Tax Act, 2017 as well as Goa Goods and Service Tax Act, 2017. Moreover, the applicant claims that the services rendered by him are covered under SAC 9991. The Services provided by the applicant is also not fully covered under SAC 9991 – The Government has authorised the applicant to issue Pollution Control Certificate on payments. It is the service provided by the applicant to the customers on payment of service charges. Since the services of testing of Pollution are provided on payment of service charge, GST is payab

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lf of State Government is exempted from the GST or not . The appellant is the Authorised Service Centre appointed by Government of Goa, Directorate of Transport to carry out the services of Pollution Testing of Commercial and Non Commercial Vehicles. The appellant carry out the Pollution testing and issue Pollution Under Control Certificate on payment of prescribed fees fixed by the Government. The Pollution Under Control Certificate is mandatory certificate as per section 190(2) of the Motor Vehicle Act and issued only if the vehicles emission is in alignments with standard pollution norms and are not harmful to the environment. The applicant purchases blank leaflets books from Directorate of Transport on payment of prescribed rate per leaf and issues same leaflets to the customers after testing Pollution Control Test at higher rate which is also prescribed by Directorate of Transport. The applicant procures one non commercial leaflet on payment of ₹ 20/- and is issuing the same

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the Central Government, State Government, Union Territory or Local Authorities or by a Government Authority by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution or relation to any function entrusted to the Municipality under the Article 243 W of the Constitution. The Government has authorised the applicant to issue Pollution Control Certificate on payments. It is the service provided by the applicant to the customers on payment of service charges. Since the services of testing of Pollution are provided on payment of service charge, GST is payable at applicable rate. ADVANCE RULING UNDER SECTION 98 OF THE CGST/GGST ACT, 2017 The Activity of issuance of Pollution Under Control Certificate for vehicles issued by the applicant is not covered under SAC 9991 and is covered under Residual Entry and hence, should be taxed @ 18% GST. – Case laws – Decisions – Judgements – Orders – Tax Management India – taxmanagementindia – taxmana

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In Re: M/s. Quattroporteluxury Homes LLP

2018 (10) TMI 1142 – AUTHORITY FOR ADVANCE RULING, GOA – 2018 (18) G. S. T. L. 565 (A. A. R. – GST) – Liability of tax – sale of villas after completion and obtaining necessary approvals from the competent authority – Held that:- The applicant has failed to produce supporting documents to prove that he has borrowed money from Mr. Zubin Dubash and the amount received by the applicant is accounted in the books of accounts of the applicant as loan and advances. In absence of the supporting documents the amount received by the applicant has been considered as advances received towards sale of villa. The applicant has received advance towards sale of villa prior to issuance of completion certificate. Hence, the same is taxable under GST Act @ 1

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low No. 7, Kamat Kinara, Miramar, Panaji – Goa seeking an Advance Ruling in respect of the following question: Determination of liability to pay tax on sale of villas after completion and obtaining necessary approvals from the competent authority . The applicant is a limited Liability Partnership Firm engaged in the business of building villas for sale in Goa and is having GSTIN 30AAAFU6041P2Z8. The applicant states that, they construct villas for sale when they are ready and after getting the occupancy certificate. During the last year due to financial constrains they borrowed money from Mr. Zubin Dubash amounting to ₹ 5,50,00,000/- on 30/03/2017 and during this year they received and advance of ₹ 11,23,74,756/- from said perso

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for such supply less the value of land or undivided share of land, as the case may be. Such supply shall be deemed to be one third of the total amount charged for such supply. Here total amount means sum of total consideration charged for aforesaid service and amount charged for transfer of land or undivided share of land as the case may be. In the instant case the applicant has taken advance of ₹ 5,50,00,000/- on 30/03/2017, ₹ 1,00,00,000/- on 11/07/2017, ₹ 1,00,00,000/- on 08/08/2017, ₹ 44,35,002/- on 01/11/2017, ₹ 19,39,754/- on 01/01/2018 and ₹ 8,60,00,000/-on 08/03/2018 from Mr. Zubin Dubash and claimed it as borrowings from him and later on due to financial difficulty decided to sell the same villa

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Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117(1A) of the Punjab Goods and Service Tax Rules, 2017 in certain cases

GST – States – GST-I/2018/1-State – Dated:- 20-9-2018 – DEPARTMENT OF EXCISE AND TAXATION Bhupindra Road, Patiala, Punjab ORDER The 20th September, 2018 Subject: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117(1A) of the Punjab Goods and Service Tax Rules, 2017 in certain cases. No. GST-I/2018/1-State.-In exercise of the powers conferred by sub-rule (1A) of rule 117 of the Punjab Goods and Services Tax Rules, 2017 read with section 168 of the Punjab Good

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In Re: M/s. Grasshopper Production

2018 (10) TMI 1047 – AUTHORITY FOR ADVANCE RULING, GOA – 2018 (18) G. S. T. L. 361 (A. A. R. – GST) – Place of supply of service – Levy of IGST – Event Management support services – services are procured from the supplier within the state of Goa – inter-state or intra-state supply of services – recipient of services.

Whether our Event Management support services provided in Goa to a registered person in Maharashtra is governed u/s 12(7)(i) of the IGST Act, 2017?

Held that:- The applicant has provided services of event management to Gallani Enterprises who is registered in Mumbai and as per the provision of section 12(7)(i) the place of supply of services in case of registered person shall be the location of recipient of such se

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o. 780/1, Shop No. 6, Aura Wind Chimes, Penha De France, Alto Porvorim, Betim, North Goa seeking an Advance Ruling in respect of the following question: Whether our Event Management support services provided in Goa to a registered person in Maharashtra is governed u/s 12(7)(i) of the IGST Act, 2017 . The applicant is a service provider of event management to the clients in film shooting industry and providing location for shootings as per the requirement of the clients. The services include arranging locations for film shooting, transport and conveyance for clients, restaurant food service, hotel accommodation, manpower requirements, security agency services, plant and machinery, furniture and pendals. All these services are procured from t

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entertainment event including supply of services in relation to a conference, fair, exhibition, celebration or similar events; or (b) services ancillary to organisation of any of the events or services referred to in clause (a), or assigning of sponsorship to such events, – (i) to a registered person, shall be the location of such person; (ii) to a person other than a registered person, shall be the place where the event is actually held and if the event is held outside India, the place of supply shall be the location of the recipient. Explanation.- Where the event is held in more than one State or Union territory and a consolidated amount is charged for supply of services relating to such event, the place of supply of such services shall b

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M/s Vishal Traders Versus Union of India and others

2018 (10) TMI 743 – PUNJAB AND HARYANA HIGH COURT – TMI – Unable to upload FORM GST TRAN-1 – input tax credit – transitional provisions – migration to GST regime – Though credit of VAT is being shown on GST Portal, the credit is not being reflected in his account – Government issued a Circular No.39/13/2018-GST dated 3.4.2018 to approach the Redressal Committee concerned for redressal of issues relating to filing of Form TRAN-01. It has been stated that certain assessees have already approached the Nodal Officer or the Redressal Committee concerned by submitting their respective representations but the same have not been adjudicated and no decision has been taken thereupon so far.

Held that:- Petition disposed off by granting liberty

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ct and discharging the due liabilities. According to the petitioner, with the introduction of GST Act, 2017, the petitioner has migrated to GST Act and due to which certain difficulties are being faced by it. The petitioner filed GST (TRAN-01) Form on 12.10.2017. Though credit of VAT is being shown on GST Portal, the credit is not being reflected in his account. Being aggrieved, the petitioner also filed a complaint on GST Portal, which has duly been acknowledged through email dated 24.05.2018 but no action has been taken so far. In such circumstances, the petitioner approached this Court for redressal of his grievance. It is also brought to the notice of this Court that Delhi High Court had disposed of similar matters by a common order dat

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the present petition by granting liberty to the petitioner to file a detailed and comprehensive representation raising all the pleas, as raised in the present writ petition before the Nodal Officer within a period of five days from the date of receipt of certified copy of the order. It is directed that in the event of representation being filed by the petitioner within the aforesaid period, such representation as well as the representation already filed, if any, shall be forwarded to the I.T. Redressal Committee concerned within next fifteen days after verification by the G.S.T.N and the Committee shall thereafter decide the same in terms of clause 5.4 of Circular No.39/13/2018-GST dated 3.4.2018 by passing a speaking order and after affor

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Seeks to insert explanation in an entry in notification No F.NO.FIN/REV3/GST/1/(Pt-1) “O”,30th June,2017.

Seeks to insert explanation in an entry in notification No F.NO.FIN/REV3/GST/1/(Pt-1) “O”,30th June,2017. – GST – States – FIN/REV-3/GST/1/08 (Pt-1) (Vol.1)/264 – Dated:- 20-9-2018 – GOVERNMENT OF NAGALAND FINANCE DEPARTMENT (REVENUE BRANCH) F.NO.FIN/REV-3/GST/1/08 (Pt-1) (Vol. 1)/264 NOTIFICATION Dated: 20th September, 2018 In exercise of the powers conferred by sub-section (3) of section 11 of the Nagaland Goods and Services Tax Act, 2017 (4 of 2017), the State Government, on the recommendatio

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