In Re: Magarpatta Retail Private Limited

In Re: Magarpatta Retail Private Limited
GST
2018 (9) TMI 855 – AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – TMI
AUTHORITY FOR ADVANCE RULING, MAHARASHTRA – AAR
Dated:- 12-9-2018
GST-ARA-56/2018-19/B-114
GST
SHRI B.V. BORHADE, AND SHRI PANKAJ KUMAR, MEMBER
PROCEEDINGS
(under section 98 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017)
The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act”] by Magarpatta Retail Private Limited, the applicant, seeking an advance ruling in respect of the following questions :
The

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Levy of GST on Priority Sector Lending Certificates (PSLC) – regarding

Levy of GST on Priority Sector Lending Certificates (PSLC) – regarding
62/36/2018 Dated:- 12-9-2018 CGST – Circulars / Ordes
GST
CIRCULAR No.62/36/2018-GST
F. No. 354/124/2018-TRU
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
New Delhi, 12th September, 2018
To
The Principal Chief Commissioners / Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All) /
The Principal Director Generals/ Director

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How to claim refund on CESS for cars with retrofitment for Physically challenged persons

How to claim refund on CESS for cars with retrofitment for Physically challenged persons
Query (Issue) Started By: – Lindon Johnson Dated:- 11-9-2018 Last Reply Date:- 12-9-2018 Goods and Services Tax – GST
Got 2 Replies
GST
For the cars purchased by physically challenged persons with retrofitment, CESS is NIL, but however during the purchase, dealer is requesting to pay the CESS and claim refund. Can you give the procedure to claim refund of CESS. The exemption is based on the belw

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TRADE DISCOUNT

TRADE DISCOUNT
Query (Issue) Started By: – Mahesh Dhanaboina Dated:- 11-9-2018 Last Reply Date:- 12-9-2018 Goods and Services Tax – GST
Got 2 Replies
GST
Dear Professionals,
We are giving discount to our customers on attainment of Target Sales with us on Aggregate Basis.We are issuing credit notes charging GST towards such discount. But, Our customers are telling as per their Auditor's advice that gst will not applicable on such discount as it is not related to a single invoic

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Ninth Amendment to CGST Rules 2017 Allows GST TRAN-1 Filing Extension to March 31, 2019, for Technical Issues.

Ninth Amendment to CGST Rules 2017 Allows GST TRAN-1 Filing Extension to March 31, 2019, for Technical Issues.
Notifications
GST
Seeks to make amendments (Ninth Amendment, 2018) to the CGST Rules, 2017 – Commissioner empowered to extent the Filing of GST TRAN-1 not beyond 31st March, 2019, in respect of registered persons who could not submit the said declaration by the due date on account of technical difficulties on the common portal and in respect of whom the Council has made a recom

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GSTR-3B filing deadline extended for new GSTIN holders under notification No. 31/2018-Central Tax. More time to comply.

GSTR-3B filing deadline extended for new GSTIN holders under notification No. 31/2018-Central Tax. More time to comply.
Notifications
GST
Seeks to extend the due date for filing of FORM GSTR

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Extension for New GST Migrants to File FORM GSTR-3B per Notification 31/2018; Amendments to Previous GST Filing Deadlines.

Extension for New GST Migrants to File FORM GSTR-3B per Notification 31/2018; Amendments to Previous GST Filing Deadlines.
Notifications
GST
Seeks to extend the due date for filing of FORM GS

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Due Date Extended for FORM GSTR-3B Filing for Recently Migrated Taxpayers per Notification No. 31/2018-Central Tax.

Due Date Extended for FORM GSTR-3B Filing for Recently Migrated Taxpayers per Notification No. 31/2018-Central Tax.
Notifications
GST
Seeks to extend the due date for filing of FORM GSTR – 3B

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GSTR-3B filing deadline extended for newly migrated taxpayers with GSTIN per Notification No. 31/2018-Central Tax.

GSTR-3B filing deadline extended for newly migrated taxpayers with GSTIN per Notification No. 31/2018-Central Tax.
Notifications
GST
Seeks to extend the due date for filing of FORM GSTR – 3B

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Deadline Extended for Filing FORM GSTR-1 for Taxpayers with Turnover Over Rs. 1.5 Crores.

Deadline Extended for Filing FORM GSTR-1 for Taxpayers with Turnover Over Rs. 1.5 Crores.
Notifications
GST
Seeks to extend the due date for filing of FORM GSTR – 1 for taxpayers having aggre

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GSTR-1 Filing Deadline Extended for Taxpayers with Turnover Up to Rs. 1.5 Crores.

GSTR-1 Filing Deadline Extended for Taxpayers with Turnover Up to Rs. 1.5 Crores.
Notifications
GST
Seeks to extend the due date for filing of FORM GSTR – 1 for taxpayers having aggregate tur

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No GST Exception for Works Contracts in Solar Infrastructure Projects, Including Services by Solar Park Developers.

No GST Exception for Works Contracts in Solar Infrastructure Projects, Including Services by Solar Park Developers.
Case-Laws
GST
Classification of Services – no provision has been made for carving out an exception in case of supply of service in the nature of a Works Contract for creating infrastructure which is to be exclusively used for Solar Power or in a Solar Park for or by a Solar Project Park Developer.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts

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GST Exemption Rules for Municipal Work Orders: Goods Supply Must Not Exceed 25% for ITC Eligibility Post-Jan 2018.

GST Exemption Rules for Municipal Work Orders: Goods Supply Must Not Exceed 25% for ITC Eligibility Post-Jan 2018.
Case-Laws
GST
Levy of GST – operation and maintenance work order given by such Municipal Corporation – Admissibility of ITC (input Credit tax) of purchases against such work order – Post 25.01.2018, their services would be exempt only subject to the fulfilment of condition that the value of supply of goods does not exceed 25% of value of composite supply.
TMI Updates –

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RECENT CLARIFICATIONS ISSUED BY GST POLICY WING

RECENT CLARIFICATIONS ISSUED BY GST POLICY WING
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 11-9-2018

Though more than one year has lapsed after the introduction of GST, many confusions arised among the stakeholders. Now and then the Central Government made amendments in the Act as well as Rules. As on date 61 circulars have been issued by the GST Policy Wing clarifying various issues in GST. On 04.09.2018 the GST policy wing issued 5 circulars clarifying the various aspects as detailed below-
* Circular No. 57/2018-GST, dated 04.09.2018 – Scope of Principal-agent relationship in the context of Schedule I of the CGST Act;
* Circular No. 58/2018-GST, dated 04.09.2018 – Recovery of arrears of wrongly availed CENVAT credit under the existing law and inadmissible transitional credit;
* Circular No. 59/2018-GST, dated 04.09.2018 – Clarification on refund related issues.
* Circular No. 60/2018-GST, dated 04.09.2018 – Processing of refund appli

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Board issued clarifications vide Circular No. 57/2018 about the scope of principal-agent relationship.
It is clarified as follows-
* All the activities between the principal and the agent and vice versa do not fall within the scope of the said entry.
* The supply of services between the principal and the agent and vice versa is outside the ambit of the said entry, and would therefore require “consideration” to consider it as supply and thus, be liable to GST.
* The key ingredient for determining relationship under GST would be whether the invoice for the further supply of goods on behalf of the principal is being issued by the agent or not.
* Where the invoice for further supply is being issued by the agent in his name then, any provision of goods from the principal to the agent would fall within the fold of the said entry in Schedule I.
* Where the goods being procured by the agent on behalf of the principal are invoiced in the name of the agent then further provision of t

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tration under sub-section (vii) of section 24 of the CGST Act.
Recovery of arrears of wrongly availed CENVAT credit
Various representations have been received seeking clarification on the process of
recovery of arrears of wrongly availed CENVAT credit under the existing law and CENVAT credit wrongly carried forward as transitional credit in the GST regime. In this regard the Board issued clarifications vide Circular No. 58/2018-GST, dated 04.09.2018.
The Board has already clarified that the recovery of arrears arising under the existing law shall be made as central tax liability to be paid through the utilization of the amount available in the electronic credit ledger or electronic cash ledger of the registered person, and the same shall be recorded in Part II of the Electronic Liability Register (FORM GST PMT-01).
Since the liability register is not available in the GST portal the Board clarifies that the tax payers taxpayers may reverse the wrongly availed CENVAT credit under t

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be eligible for refund of integrated tax paid on export of goods or services as per section 96(10) of the Act as amended with effect from 04.09.2018.
* No refund under sub-section (5) or sub-section (6) of section 54 shall be paid to an applicant, if the amount is less than ₹ 1000/-.
* The refund claim shall be accompanied by a print-out of FORM GSTR-2A of the claimant for the relevant period for which the refund is claimed.
* The proper officer shall not insist on the submission of an invoice (either original or duplicate) the details of which are present in FORM GSTR-2A of the relevant period submitted by the claimant.
* The claimant shall also submit the details of the invoices on the basis of which input tax credit had been availed during the relevant period for which the refund is being claimed, in the format enclosed as Annexure-A manually along with the application for refund claim in FORM GST RFD-01A and the Application Reference Number (ARN).
* The claimant sha

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ection of claim the proper officer shall order for the re-credit the rejected amount to the electronic credit ledger of the claimant using GST RFD – 01B and proceed further for the recovery of the said amount by issuing a show cause notice and after getting reply and giving a reasonable opportunity of being heard may confirm the demand.
* A sanction order shall be issued for the refund amount for the disbursal of the sanctioned amount to the claimant.
The tax authority may refuse to disburse the sanctioned amount on the contention that the amount is sanctioned incorrectly. The Board clarified that the remedy for correction of an incorrect or erroneous sanction order lies in filing an appeal against such order and not in withholding of the disbursement of the sanctioned amount. If any discrepancy is noticed by the disbursing authority, the same should be brought to the notice of the counterpart refund sanctioning authority, the concerned counterpart reviewing authority and the nodal

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n Stores Department (CSD for short), under the Ministry of Defence, as a person who shall be entitled to claim a refund of-
* 50% of the applicable central tax, integrated tax and Union territory tax paid by the CSD on all inward supplies of goods received by the CSD for the purposes of subsequent supply of such goods to the Unit Run Canteens of the CSD or to the authorized customers of the CSD.
* 50% of the applicable State tax paid by the CSD on the inward supply of goods received by it and supplied subsequently.
Vide circular No. 60/2018-GST, dated 04.09.2018 the Board clarifies the procedure involved in refund to CSD. The above said refund process involves two steps-
* Filing application for refund;
* Processing and sanction of the refund claim.
The complete process of refund is as below-
* The CSD are required to apply for refund on a quarterly basis.
* The CSD will apply for refund with the jurisdictional Central tax/State tax authority to whom the CSD has been assi

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memo covering all aspects, manually in GST RFD – 03.
* The proper officer is to verify with the portal as to the filing of GSTR – 3B.
* The proper officer is to scrutiny the details in Form GST RFD – 10A, GSTR 2A and 3B.
* The Form GSTR – 2A will be an evidence of the accountal of the supply made by the corresponding suppliers to the CSD in relation to which the refund has been claimed by the CSD.
* The proper officer should ensure that the amount of refund sanctioned is 50 % of the Central tax, State tax, Union territory tax and integrated tax paid on the supplies received by CSD.
* The proper officer shall issue the refund sanction/rejection order manually in FORM GST RFD-06 along with the payment advice manually in FORM GST RFD-05 for each tax head separately.
* The amount of sanctioned refund in respect of central tax/integrated tax along with the bank account details of the CSD shall be manually submitted in the PFMS system by the jurisdictional Division's DDO and a si

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ient taxpayer stores his goods in the godown of the transporter, then the transporter's godown has to be declared as an additional place of business by the recipient taxpayer.
* Where the transporter's godown has been declared as the additional place of business by the recipient taxpayer, the transportation under the e-way bill shall be deemed to be concluded once the goods have reached the transporter's godown (recipient taxpayer' additional place of business). Hence, e-way bill validity in such cases will not be required to be extended.
* Whenever the goods are transported from the transporters' godown, which has been declared as the additional place of business of the recipient taxpayer, to any other premises of the recipient taxpayer then, the relevant provisions of the e-way bill rules shall apply. Hence
* The transporter to maintain accounts and records as specified in section 35 of the CGST Act read with rule 58 of the CGST Rules shall continue as a warehouse keeper.
* A

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The Sword of Damocles Hanging Over Head – 30th September, 2018

The Sword of Damocles Hanging Over Head – 30th September, 2018
By: – Anuj Bansal
Goods and Services Tax – GST
Dated:- 11-9-2018

Apart from regular compliances and deadline in GST, do you know that one more deadline is there i.e. 30th Sept., 18? May be said date is going unnoticed by many professional, but it has a big relevance from ITC point of view. Even the GSTR 9 Notified by the govt. vide notification 39/18 CGST requires us to report the details of ITC for previous Financial Year i.e. 2017-18 considered till 30th Sept., 18 and same is for the reason that after 30th Sept., 18 credit pertaining to previous FY 2017-18 will lapse and lapse means a financial loss. Now the question is; have we determined the expected lapse of credit on 30th Sept., 18? What are recourse to save yourself from such Financial Loss?
Considering the above, in this article, an attempt has been made to analyse the issues and actions required to mitigate the loss on account of lapsing of credit.

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e considered in GSTR 3B for the month of Sept., 18. In case it is found that there is certain defect in considering the credit like invoice / debit note is not traceable, the vendor shall be approached for duplicate copy of invoice / debit note otherwise it is going to be loss of credit after Sept, 18.
2. Credit note pertaining to FY 2017-18 shall be issued upto 30th Sept., 18 otherwise, tax amount in the Credit note cannot be reduced from the output liability.
As per Section 34(2) of the CGST Act, any registered person have to declare the value of the credit note in the return in the month in which credit note is issued. However, no such Credit Note can be issued for the previous Financial Year after filing of return for the month of Sept.
Accordingly, in case the supply has been made in FY 2017-18, the credit note is required to be issued in regard to same till 30th Sept., 18 otherwise the reduction in output liability on account of credit note will not be allowed.
3. Correction

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ission or incorrect particulars in such return, can rectify such omission or incorrect particulars in the return. However, no such rectification can be made after the due date for furnishing of return for the month of Sept.
Therefore, every dealer has to reconcile his return i.e. GSTR 3B with his books of account and in case any omission or error is discovered, same has to be rectified immediately i.e. before filing return for the Month of Sept., 18.
4. Credit relating to exempted supplies is required to be reversed as per Rule 42 of CGST Rule and final calculation shall be done by Sept., 18
As per Section 17 of CGST Act, credit relating to exempted supplies is required to be reversed in Books of Account as well as in GST Returns. The reversal of credit is done as per Rule 42(1) of the CGST rules which states that common ITC relating to exempted and taxable supplies shall be reversed in the ratio of exempted turnover to total turnover. Such calculation is done on monthly basis and r

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hat tax on all the invoices relating to financial year 2017-18 must be paid and credit is to be considered in the return for the month of Sept,18.
6. Section 16(4) v/s. Section 16(2) of CGST Act are tangled with each other
As per Section 16(4) of the CGST Act, credit relating to Invoice and Debit Note for a Financial Year can be considered latest by filing return for the month of Sept., 18. However, Section 16(2) prescribes some qualifying conditions for availing credit. The conditions mentioned in Section 16(2) of the CGST Act are that (i) a person must be in possession of an Invoice, (ii) He has received the goods or services, (iii) tax charged by supplier has been paid to the govt. and (iv) return has been furnished. Further, proviso to above section states that payment should have been made to the vendor within 180 days otherwise credit is required to be reversed and the same can be reclaimed after making of payment to the vendor. Certain situations are being given hereunder as

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s received from the vendor in Mar,18. The vendor has also reported details in his GSTR 1 for Mar,18. But vendor has paid tax in Oct,18. In which month credit in this case can be claimed?
As per Sec 16(2)(c), credit shall be available in Oct, 18 i.e. at the time when payment of tax is made by vendor. However, as per Section 16(4) the credit cannot be considered in the return after Sep,18 because invoice pertains to Mar,18. There are contradictory provisions in this regard. Credit should be considered in the return for Sept, 18, if not considered at the time of issuance of invoice i.e. in Mar,18.
3.
Invoice was received from vendor in 2017-18 reversal of credit on account of 180 days done and reclaim on payment after 180 days.
Invoice was received from the vendor in Feb,18. Payment was not made to vendor within 180 days therefore credit reversed. Payment is made in Oct, 18. Therefore, credit has to be reclaimed in Oct,18.
As per Proviso to Sec 16(2) , credit shall be available in Oc

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Reimbursement of Traveling and visit

Reimbursement of Traveling and visit
Query (Issue) Started By: – Ashok Puri Dated:- 11-9-2018 Last Reply Date:- 12-9-2018 Goods and Services Tax – GST
Got 5 Replies
GST
A manufacturer supplies equipment to a buyer. Due to incorrect installation by buyer equipment malfunctions. Buyer contacts seller to come urgently to resolve issue and agrees to bear traveling and visit expenses. The supplier travels by air and taxi to reach destination urgently and return. Buyer reimburses traveling expenses incurred to seller. Seller does claim ITC on traveling expenses incurred. Is GST applicable on reimbursement received for traveling and visit.
Reply By DR.MARIAPPAN GOVINDARAJAN:
The Reply:
In my view it is applicable.
Reply By Ashok Pu

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In Re: M/s. Boldrocchi India Pvt. Ltd.

In Re: M/s. Boldrocchi India Pvt. Ltd.
GST
2019 (2) TMI 1003 – AUTHORITY FOR ADVANCE RULING, HARYANA – 2019 (22) G. S. T. L. 135 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, HARYANA – AAR
Dated:- 11-9-2018
AAR No. HAR/HAAR/R/2018-19/12 (In Application No. 12/2018-19
GST
SANGEETA KARMAKAR AND VIJAY KUMAR SINGH, MEMBER
Present for the Applicant: Sh. Abhishek, Manager (Fin. & Accts.) alongwith Sh. Rijul Kalra, Asst. Manager (Proposals).
1. M/s. Boldrocchi India Pvt. Ltd., 18th 19th Floor, Tower-4, Office No.1801, 1802 1907, DLF Corporate Green, Sector-74A, Gurgaon, Haryana [hereinafter referred to as the “applicant”], has submitted that their customer is setting up a waste to energy plant in Andhra Pradesh and for which they require WTE PLANT BOILER'S FLUE GAS CLEANING SYSTEM. The customer has also requested to supply these goods under Chapter 84 charging tax @5% according to the said entry as under:-
* Following renewable energy devices & parts for their m

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rs flue gas cleaning system (FGCS) 600 TPD to waste to energy project would be under HSN Code 84 and rate of tax would be 5%
4. The applicant further submits that:
1. The HSN Code No. 84 05 10 90 clearly mentions “waste to energy plants/devices” which implies the applicability of 5% GST.
2. The Ministry of Finance and Ministry of New and Renewable Energy has specifically exempted such equipments and machinery from indirect taxes in the past also. Further the conditions of law in GST remains the same and govt intends to promote the use of Renewable Energy by categorizing Waste to Energy Plants and their devices at 5% IGST. This fact can be verified from the Notification No. 33/2005 Central excise and F. no. 460/44/2005-Cus V dated 03.09.2005 (attached herewith) issued by Ministry of Finance and also by certificate No. 10/05/2005- UICA- Part file dated 06.10.2010 issued by Ministry of New and Renewable Energy to M/s. Timarpur Okhla Waste Management Private Limited.
3. The purchase or

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ST), Gurugram (South) had attended the proceedings as concerned officer. The applicant had reiterated the submissions made in their application. Since, the ruling sought was covered under section 97 (2), clause (a) and (b), the application was admitted and after hearing the applicant and concerned officer in detail, the decision on merit was reserved which is being released today.
DISCUSSIONS AND FINDINGS OF THE AUTHORITY
7. We have carefully gone through the facts and records of the case. In the instant case, the applicant seeks advance ruling in the matter of classification and rate of GST applicable on the parts being supplied for setting up waste to energy plant.
8. The functioning of the waste to energy plant has been explained by the applicant in the following manner, which includes collection/storage of Municipal Solid Waste at site and involves following processes.
(i) Mechanical Sorting.
(iii) Burning of sorted municipal solid waste in boiler for combustion and steam gene

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hrough acid gas (HCL, SO2) of the outlet loop. Flue gas flowing out from the reactor then goes into the bag filter for removal of micro particles including hazardous substances.
(iv) Turbine
(v) Air cooled condenser.
10. The applicant seeks the HSN classification code for the above explained “waste to energy plant boiler's flue gas cleaning system”, as explained in para 7(iii) above. As per the functioning/working of the impugned product, it is a pollution control device which merits classification in chapter heading 8421, which is also reproduced below.
8421
 
CENTRIFUGES, INCLUDING CENTRIFUGAL DRYERS; FILTERING OR PURIFYING MACHINERY AND APPARATUS, FOR LIQUIDS OR GASES
 
 
 
 
–
Centrifuges, including centrifugal dryers:
 
 
 
84211100

Cream separators
u
7.50%
–
84211200

Clothes-dryers
u
7.50%
–
842119

Other :
 
 
 
84211910

Bowl centrifuges
u
7.50%
–
84211920

Basket c

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ke air filters for internal combustion engines
u
7.50%
–
842139

Other :
 
 
 
84213910

Air separators to be employed in the processing, smelting or refining of minerals, ores or metals; air strippers
u
7.50%
–
84213920

Air purifiers or cleaners
u
7.50%
–
84213990

Other
u
7.50%
–
 
–
Parts :
 
 
 
84219100

Of centrifuges, including centrifugal dryers
u
7.50%
–
84219900

Other
u
10%
–
Thus, the impugned product is classifiable under heading 8421 of the first schedule to the Customs Tariff Act, 1975, being filtering or purifying machinery and apparatus for gases.
11. As regards rate of GST on this product “waste to energy plant boiler's flue gas cleaning system” falling under chapter heading 8421, it is observed that in modern day power plants, even those running on municipal waste, such as waste to energy plants/devices, pollution control equipment/machinery is an integral part of such power

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In Re: M/s. Awla Infra

In Re: M/s. Awla Infra
GST
2019 (2) TMI 1002 – AUTHORITY FOR ADVANCE RULING, HARYANA – 2019 (22) G. S. T. L. 149 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING, HARYANA – AAR
Dated:- 11-9-2018
AAR No. HAR/HAAR/R/2018-19/13 In Application No. : 13/2018-19
GST
SANGEETA KARMAKAR AND VIJAY KUMAR SINGH, MEMBER
Present for the Applicant: Dr. Subash C. Batra, GM (Warehousing Operations) .
Factual Background As Per Applicant
1. A Scheme known as “SCHEME FOR CONSTRUCTION OF GODOWNS FOR FCI – STORAGE REQUIREMENTS, THROUGH PRIVATE ENTERPRENEURS – 2008” (in short known as PEG-2008 Scheme) was framed by the Food Corporation of India (FCI) at the behest of Government of India. The details of the scheme are available on the official web-site of the FCI.
2. The Haryana State Cooperative Supply and Marketing Federation Ltd. (HAFED) was notified as nodal agency for construction of godowns in the State of Haryana under the said PEG-2008 Scheme of the Central Government/ FCI.
3.

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al Agency (HAFED) and the FCI. This is a tripartite arrangement where one agreement has been executed between the private investor and the nodal agency and the other agreement has been executed between the nodal agency and the FCI. Copy of the agreement between the Private Investor and the HAFED is placed on record at Annexure-3.
6. Under the said PEG-2008 Scheme, there are two types of PEGs –
(i) On Lease only basis and
(ii) On Lease and Services basis.
In case of Lease only basis, godowns have been built by the Private Investor and have been leased out to the Nodal Agency which manages storage, preservation and warehousing of the stocks of the FCI stored therein.
In case of Lease and Services basis, godowns have been built by the Private Investor and have been leased out to the Nodal Agency and the storage, preservation and warehousing of the stocks of the FCI stored therein is managed by the Private Investor under the supervision of the Nodal Agency.
The present case falls und

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clause is understood to be as under:-
9.1 – For godowns hired on lease & services basis: Storage charges for godowns constructed for lease & services by Private Investors and supervised by the Nodal Agency shall be reimbursed to the Nodal Agency at the monthly rates/qtl. as approved by SLC/HLC for lease & services. FCI shall also pay to the Nodal Agency, 15% of the monthly rates/qtl. as approved by SLC/HLC as supervision charges on submission of separate bills. There shall be annual increase of 33% of percentage increase in WPI in rent (Rate approved by HLC/SLC) for such godowns provided on lease with services by Private Investors to the Nodal Agency. Private Investors will be responsible for the payment of service tax as applicable on storage charges of food grains and claim the same from FCI through the Nodal Agency.
10. Private investors were made to quote the rates of monthly rentals exclusive of the taxes, as a result of which ibid provisions were made in the agreements between

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ed under GST. Copy of this letter dated 07.09.2017 of the FCI is placed on record as Annexure-4.
Question(s) on which advance ruling is required
'Whether GST is exempt or is applicable on the Private Entrepreneurs Godowns built under the PEG-2008 scheme of the FCI and leased out to the Nodal Agency (UPSWC) on 'Lease and services basis' for the storage of FCl's food grain stocks (Wheat)'.
Applicant's interpretation of law and/or facts, in respect of the aforesaid question(s)
12. Under the Service Tax regime, District Office, FCI, Hisar released the amount of service tax of Rs. 3.43 crores to the applicant through the nodal agency – HAFED continuously for a period of more than three years on their raising the invoices and it was only after receiving the amount from the FCI/ HAFED, they had deposited the service tax with the treasury. FCI, District Office, Hisar, however, subsequently in the fourth year, recovered/withheld the entire amount of Rs. 3.43 crores from their subsequent ren

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poses to Hafed, thus the amount received on account of Rent/lease is taxable being supply of taxable services falling under section 7 of HGST Act, 2017.
13.2 It is further pointed out that as per Notification No.46/ST-2 dated 30th June 2017 Haryana Goods and Services Tax Act (Rate), Sr.No.24 and Notification No. 47/ST-2 dated 30the June 2017 Haryana Goods and Services Tax Act (Rate) Sr.No.54, the GST Rate on loading, unloading, packing, shortage or warehousing of agriculture produce is Nil but renting of immovable properties i.e. Godowns given for commercial use is not covered in the above said notifications and is thus not exempt from the levy of GST. The intention of the exemption given to the agriculture services under heading 9986 at Sr. No. 24 of the notification no. 46/ ST-2 of 2017 is the exemption to the support services for agriculture which means services relating to cultivation of plants and rearing of all life forms of animals etc. i.e. where such services are extended for

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ely cover the case of the present applicant as in the said explanation only the term Market Produce is defined and in the end of the said definition “any produce out of cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fiber, fuel, raw material or other similar products, on which either no further processing is done or such processing is done as is usually done by a cultivator or producer which does not alter its essential characteristics but makes it marketable for primary market” only are covered. Further it has been submitted that the contract between Hafed and the present applicant reveals that the lessee shall provide insecticides, fumigation, spraying equipments etc. which are not applied when the agriculture produce is sold in the primary market.
13.6 In view of facts and submissions made above, it is obvious that the amount of rent paid by Hafed to the owner of godowns is taxable in the hands of owner of godowns, whether to

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her side it is the FCI and we as private investor are only intermediary and as intermediary we cannot be put to any harassment or made to suffer for the reason that there is any ambiguity in the rules or the activity involved is open to different interpretation.
16. After detailed discussions the application was admitted being covered by clauses (a) & (b) of section 97 (2) of the CGST/HGST Act 2017. As regard merits, the decision was reserved which is being released today.
Discussion and finding of the authority
17. As per the documents placed on record it is understood that under the scheme for construction of godowns for FCl-storage requirement through private entrepreneurs2008 (known as PEG-2008 scheme), the Haryana State Co-operative Supply and Marketing Federation Ltd. (Hafed) was notified as Nodal Agency for construction of godowns in the State of Haryana.
18. The Haryana State Cooperative Supply and Marketing Federation Ltd. (HAFED) was notified as nodal agency for construct

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have been leased out to the Nodal Agency which manages storage, preservation and warehousing of the stocks of the FCI stored therein.
21.2 In case of Lease and Services basis, godowns have been built by the Private Investor and have been leased out to the Nodal Agency and the storage, preservation and warehousing of the stocks of the FCI stored therein is managed by the Private Investor under the supervision of the Nodal Agency.
21.3 The applicant's case, as per its agreement with the Nodal Agency, falls under the PEG scheme of 'Lease and services basis' type.
22. The applicant has brought in our notice a letter no. SF-19/GST/2018-19/Fin/GST-63, dated 31.07.2018 wherein the Food Corporation of India has clarified the applicability of GST on services provided by private investors to Nodal Agencies under PEG schemes as under:-
1. Agreements of Nodal Agencies with private investors in case of PEG godowns on 'Lease Only Basis'.
The agreement between Nodal Agencies with Private Inves

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ions for the purpose of understanding the nature of the services provided by the applicant are as per Sr. No. 24 (e) of notification no. 11 /2017-Central Tax (Rate), dated 28.06.2017 and Sr. No. 54 (e) of notification no. 12/ 2017-Central Tax (Rate), dated 28.06.2017 read with the corresponding State Tax notification No. 46/ST-2 & 47/ST-2 both dated 30.06.2017. The SAC 9972 is also relevant to determine the true classification of the services provided by the applicant.
25. The scope of entry 24 (e) and 54 (e) in respective notification no. 11 and 12 of Central Tax (Rate) are limited to services in relation to agriculture produce and cultivation of plants. The term agriculture produce has further been defined in clear terms by way of explanation (vii) appended to the said notification no. 11 and definition (d) appended to the said notification no. 12 as under:-
“Any produce out of cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, f

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12, and since both these services are capable of being provided independent of each other, these cannot be understood to be naturally bundled and supplied conjointly in the ordinary course of business. Therefore, the applicant has/is providing 'Mixed Supply' as per section 2 (74) of the CGST/HGST Act, 2017 and attract tax rate of that particular supply which attracts the highest rate of tax in terms of section 8 (b) of the Act ibid.
Advance ruling under section 98 of the CGST/HGST Act 2017
In the backdrop of above discussions and findings the advance ruling on the questions is pronounced as under: –
'Whether GST is exempt or is applicable on the Private Entrepreneurs Godowns built under the PEG-2008 scheme of the FCI and leased out to the Nodal Agency (UPSWC) on 'Lease and services basis' for the storage of FCl's food grain stocks (Wheat)'.
Ruling
In view of the above discussions and findings it is ruled that the services, i.e., leasing of immovable property and support services i

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Commr., CGST & Central Ex., Johpur Versus J.K. Lakshmi Cement Ltd.

Commr., CGST & Central Ex., Johpur Versus J.K. Lakshmi Cement Ltd.
Central Excise
2018 (10) TMI 754 – CESTAT NEW DELHI – TMI
CESTAT NEW DELHI – AT
Dated:- 11-9-2018
Excise Appeal No. E/51550/2018-CU [DB] with E/CO/50671/2018 – A/53041/2018-EX[DB]
Central Excise
MR. C.L. MAHAR, MEMBER (TECHNICAL) And MS. RACHNA GUPTA, MEMBER (JUDICIAL)
Present for the Appellant: Mr. K.K. Anand (Adv.)
Present for the Respondent: Mr. V.B. Jain, (DR).
ORDER
PER: RACHNA GUPTA
Present is Departmental appeal directed against order of Commissioner (Appeals) bearing no 247 dated 08.03.2018 vide which assessee is held eligible for cenvat credit of service tax paid to the service agent on sale commissions. the relevant facts for the adjudication of appeal are that assessee, M/s. J.K Lakshmi Cement Ltd. are engaged in manufacture of cement and are availing cenvat credit of central excise duty paid on inputs and capital goods. The department alleged is that the assessee has wrongly ava

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ification i.e. April 2015 to November 2015. It is impressed upon that the explanation in Rule 2(1)(C) CCR, 2004 shall be effective only from the date of publication in the official gadget i.e. It shall only be prospective application. The final order therefore has erred in applying this application with retrospective effect. It is also submitted that the sale commission can have not nexus with the manufacturing activity as such cannot be defined as the input services. Seen from that angle also, the commissioner appeals is alleged to have has committed mistake while allowing the cenvat credit Ld. DR has relied upon the decision of Hon'ble High Court of Gujarat in the case of Commissioner of Central Excise, Ahmadabad Vs. Cadila Healthcare Ltd. 2013 TIOL 12 (Ahmd. HC).
3. While rebutting these arguments it is submitted that the assessee is actually covered under Circular No. 943/4/2011-CX dated 29.04.2011 which entitles the assessee to avail cenvat credit upon the sales commission. The

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ction 2k of CCR, 2004 reads as follows: Input means
[(k) “input” means –
(i) all goods used in the factory by the manufacturer of the final product; or
(ii) any goods including accessories, cleared along with the final product, the value of which is included in the value of the final product and goods used for providing free warranty for final products; or
(iii) all goods used for generation of electricity or steam [or pumping of water] for captive use; or
(iv) all goods used for providing any [output service, or];
[(v) all capital goods which have a value upto ten thousand rupees per piece.]
but excludes……………………….
Explanation. – For the purpose of this clause, “free warranty” means a warranty provided by the manufacturer, the value of which is included in the price of the final product and is not charged separately from the customer;]
[(l) “input service” means any service, –
(i) used by a provider of [output service] for providing an output servic

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on of the case CCE Ludhiana Vs. Ambika Overseas 2012 (25) STR 348 (P & H).
5. As per circular dated 29.04.2011 also the cenvat credit of service tax paid on amount of commission paid to the commission agent is available to the assessee. Though the Commissioner (Appeals) vide order under challenge, has extended a retrospective benefit of notification no. 2/2016 dated 03.02.2016 but we are of the opinion that the said notification is nothing but the clarification of the said circular Tribunal Ahmadabad in Essar Steel India Ltd. (supra) has clarified that the explanation inserted in Rule 2 (1) (C) of the notification dated 03.02.2016 is declaratory in nature hence is effective retrospectively. It was clarified that the explanation so inserted is generally to explain the meaning of words contained in the circular and which was inserted to clarify a doubtful point of law. We also draw our support from the decision of Hon'ble Apex Court in the case of Brijmohan Das Lakshman Das Vs. Commiss

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WS Industries India Ltd Versus CCT, Visakhapatnam – GST

WS Industries India Ltd Versus CCT, Visakhapatnam – GST
Service Tax
2018 (10) TMI 544 – CESTAT HYDERABAD – TMI
CESTAT HYDERABAD – AT
Dated:- 11-9-2018
Appeal Nos. ST/30348 & 30349/2018 – A/31162-31163/2018
Service Tax
Mr. M.V. RAVINDRAN, MEMBER (JUDICIAL)
Shri D.V. Subba Reddy, Advocate for the Appellant.
Shri B. Guna Ranjan, Superintendent/AR for the Respondent.
ORDER
Per: M.V. Ravindran]
1. These two appeals are directed against Order-in-Appeal No.VIZ-EXCUS- 002-APP-101-102-17-18, Dt.22.12.2017.
2. Heard both sides and perused the records.
3. The issue involved in both these appeals, though being the question of refund to an SEZ unit of service tax paid by various service providers, they are being disposed of separately in this order on the factual matrix.
4. The appellant herein is an SEZ unit; took service tax registration as non-assessee category for claiming exemption from payment of service tax (by way of refund) on various taxable services rec

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at the list of services which were approved by the Ministry of Commerce and Industry, by Letter No. 2(6)/APSEZ/2010-1 dated 29.04.2010, indicates at Sl.No.18 the services rendered by Rent-a-Cab operator. Since the said services are approved for authorized operations, I find that impugned Order-in-Appeal No.VIZ-EXCUS-002-APP-101-102-17-18 dated 22.12.2017 to the extent contested in this appeal is set aside and the refund applications are allowed as eligible for refund of Rs. 39,583/- (including cesses).
6. In respect of Appeal No.ST/30348/2018, the refund claims have been rejected on the ground that the said refund claims were filed beyond the period of one year from the date of payment to service provider. The adjudicating authority in the case in hand has, wherever an application is made, for condonation of delay has condoned the same and rejected the refund claim of Rs. 13,17,625/- as being hit by limitation. The first appellate authority has also upheld the said Order-in-Original.

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ndonable period was condoned.
9. On careful consideration of the submissions made, I find that the adjudicating authority has condoned the delay of three months in few refund applications which were filed by the appellant herein but has not condoned the delay in respect of other applications. The said order of the adjudicating authority not condoning delay in few applications, in my view needs reconsideration as the procedure mentioned in the Notification No.40/2012- ST dated 20.06.2012 for sanctioning of the refund claims based on this exemption notification, specifically at clause 3(a) indicates that refund claims should be filed within one year from the end of the month in which actual payment of service tax was made by such developer or unit (SEZ) to the registered service provider but considering the situation prevalent at ground level, such clause 3(a) specifically grants powers to the Asst. Commissioner or the Dy. Commissioner of the Central Excise as the case may be condoning

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Measures to be taken by various State Government Authorities for ensuring compliance to GST by taxpayers/contractors/suppliers, etc.

Measures to be taken by various State Government Authorities for ensuring compliance to GST by taxpayers/contractors/suppliers, etc.
38/5/2018-Fin (R&C)/1493 Dated:- 11-9-2018 Goa SGST
GST – States
Office Memorandum
38/5/2018-Fin (R&C)/1493
Sub.:- Measures to be taken by various State Government Authorities for ensuring compliance to GST by taxpayers/contractors/suppliers, etc.
The Goods & Services Tax (GST) regime has been implemented in India w.e.f. 01-07-2017 and by now, after more than a year, the GST common Portal has stabilized and taxpayers are filing their returns online on the portal https://www.gst.gov.in. It has been noticed that there are sizeable number of registered taxpayers from the works contract sector who are non-compliant on GST common portal and have failed to make timely payments of GST collected by them, while filing returns.
2. The provisions of section 51 of GST Law (Central Goods & Services Act, 2017 and the Goa Goods & Service Tax Act, 2017) rela

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mpliance which in turn will lead to increase in the tax collection:
The Concerned Authorities shall immediately take the following steps.
i) Eligibility for participating in any Tender for procurement of goods or services.
The Concerned Authorities shall obtain a copy of Application Reference Number(ARN) generated on GST common Portal www.gst.gov.in by the Taxpayer after filing his latest return which was due as per GST Law. The Concerned Authorities shall carry out necessary changes in their Rules/Byelaws/Manuals/Tender documents, etc. as may be required for making the submission of documentary proof mandatory towards GST compliance upto date for being eligible to participate in any tender/quotation, etc.
ii) Eligibility for receiving any work order/supply order
The Concerned Authorities shall obtain before issuing any work order/supply order, a copy of Application Reference Number(ARN) generated on GST common portal www.gst.gov.in by the Taxpayer after filing his latest return

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goods/services
The Concerned Authorities shall incorporate a condition in any such permission/consent/NOC issued for holding/organizing Exhibitions/Exhibition-cum-Sale/any event within the State of Goa for supply of goods/services, that the organizer of such event shall obtain CST registration as a Taxpayer and shall also ensure that all persons to whom stalls are allotted at such events are registered under GST either as Regular Taxpayer or as a Composition Taxpayer/Casual Taxable Person/Non-resident Taxable Person and that a board showing GSTIN, Legal Name, Trade name is displayed in a conspicuous place at such event by each of the stall owner. The organizer of such event shall submit to the local Ward Office of Commercial Tax Department, a list of all stall holders with their respective GSTIN at least one (01) day prior to the start of such event.
v) Verification of compliance status on GST common Portal before taking any actions at points (i) to (iv) above.
The Concerned Author

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In Re: Purewal Stone Crusher,

In Re: Purewal Stone Crusher,
GST
2018 (10) TMI 346 – AUTHORITY FOR ADVANCE RULINGS, UTTARAKHAND – 2018 (18) G. S. T. L. 641 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULINGS, UTTARAKHAND – AAR
Dated:- 11-9-2018
AAR No. 08/2018-19 In Application No. 06/2018-19
GST
VIPIN CHANDRA AND AMIT GUPTA, MEMBER
Present for the Applicant: Shri Ashwarya Sharma (Advocate)
Present for the Jurisdictional Officer: None
Note : Under Section 100(1) of the Uttarakhand Goods and Service Tax Act, 2017, an appeal against this ruling lies before the appellate authority for advance ruling constituted under Section- 99 of the Uttarakhand Goods and Services Tax Act, 2017, within a period of 30 days from the date of service of this order.
1. This is an application under Sub-Section (1) of Section 97 of the CGST/SGST Act, 2017 (herein after referred to as Act and the rules made thereunder filed M/s. Purewal Stone Crusher, Ramnagar (Nainital) Uttarakhand, primarily engaged in the business of

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vernment Departments (tabled in sl.no. a above) falls within the category of Exempted Government Services as mentioned under s.no. 4, 5, 6, 9, 23 & 47 of the Exemption Notification and accordingly no GST is require to be paid on such charges under s.no.5 of the RCM notification.
(c). GST applicability on penalty paid by the applicant on unaccounted stock of River Bed Material (RBM) on the orders of the District Magistrate to the Govt. department under s.no. 5 of Reverse Charge Mechanism (RCM) notification.
(d). Vehicles (Pokland, JCB, Dumper & Tipper)purchased and used by the applicant in its day to day business activities for movement of goods from one place to another would fall within the definition of Motor Vehicle under the provisions or GST law.
(e). Availability of GST Paid by the applicant at the time of purchase or repairs including spares w.r.t. Vehicles (Pokland, JCB, Dumper Tipper)used by it for movement of goods in its palace of business as Input Tax Credit.
2. Adva

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of any goods or services or both;
(b) applicability of a notification issued under the provisions of this Act;
(c) determination of time and value of supply of goods or services or both;
(d) admissibility of input tax credit of tax paid or deemed to have been paid;
(e) determination of the liability to pay tax on any goods or services or both;
(f) whether applicant is required to be registered;
(g) whether any particular thing done by the applicant with respect to any goods or services or both amounts to or results in a supply of goods or services or both, within the meaning of that term.
4. Accordingly opportunity of personal hearing was granted to the applicant on 28.08.2018. Shri Ashwarya Sharma (Advocate) appeared for personal hearing on 28.08.2018 and submitted documents describing therein exact nature of work beine undertaken. Nobody appeared from the side of Revenue for the hearing.
5. In the present application, applicant has requested for advance ruling on different i

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n here that the Authority has earlier dealt with the same issue in the case of Forest Department wherein the advance ruling was sough: by them on the question whether GST is leviable on the “Marg Sudharan Shulk” and “Abhivahan Shulk”. The findings of the Authority in the said case is reproduce as under:
GST on “Marg Sudharan Shulk” : From the documents submitted by the applicant we find that the said “marg sudharan shulk” is charged and collected by applicant from non government, private and commercial vehicles engaged in mining work in lieu of use of forest road. Stated purpose of said “marg sudharan shulk” is for maintenance of forest road. Under GST, “the services by way of access to a roac or a bridge on payment of toll charges” are included in the list of exempted services. Further, A toll road, also known as a turnpike or tollway, is a public or private road for which a fee (or toll) is assessed for passage. It is a form of road pricing typically implemented to help recoup the c

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mpanied with a transit pass issued by forest authorities in this regard. Authority further observe that charges for carrying forest, produce through road or water are different and determined according to quality and quantity. Therefore said “Abhivahan Shulk” cannot be termed as toll tax and rather is a form of consideration received by the applicant in lieu of services provided to the person for carrying forest produce. Under GST regime under Section 2(102) services means anything other than goods and all services but for list of exempted services as provided under Chapter 99 of GST Tariff, 2017 are liable for GST. Since the services provided by the ' applicant do not find mention in the list of exempted services, therefore the applicant, is liable to pay GST @ 18% on the said “Abhivahan Shulk” under Service Code 9997 and to be treated as “other services”.
Since the facts of the present case are similar to facts earlier dealt by the authority in the case of Forest Department, the

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inside or outside the precincts of a port or an airport;
(iii) transport of goods or passengers
Central Government. State Government Union territory or local authority
Any business entity located in the taxable territory.
B. From the documents submitted by the applicant we find that the 'Fee for Ambient Air Monitoring' has to be paid to the Uttarakhand Environment Protection Control Board, Haldwani as a pollution expenses. We also find that the function of the Uttarakhand Environment Protection Control Board, Haldwani is to safeguard the environment as well as general public from the negative impact of working of stone crushers and other pollution generating plants, for which a prescribed amount of fee is levied by the State Board. We also find from the official website of Uttarakhand Environment Protection and Pollution Control Board (herein after referred 'to as UEPPCB) that it is a statutory Organization constituted under the section 4 of Water (Prevention and Cont

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sp; **
(c) a Municipal Committee, a Zilla Parishad, a District Board, and any other authority legally entitled to, or entrusted by the Central Government or any State Government with the control or management of a municipal or local fund
 (d) to (g)
**           **           **
On going through the legal position (supra) we find that UEPPCB is not State Government however cow-red under the definition of local authority in terms of Section 2(69)(c ) of the Act.
It is established that UEPPCB is a local authority, now second question arises whether the services rendered by them are liable to GST or not. In. this context we find that the services rendered by UEPPCB is covered under Article 243 W of the Constitution and the same is extracted below:
(a) Urban planning including town planning.
(b) Regulation of land-use and construction of buildings.
(c) Planning for economic and social deve

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endered by local authority by way of any activity in relation to any function entrusted to a municipality under Article 243 W of the Constitution is also covered under Notification No. 12/2017-Central Tax(Rate) dated 28':1 June' 2017 and the relevant portion of the same is reproduced as under:
Notification No.12/2017-Central Tax(Rate) dated 28th June 2017
Sl.No
Chapter heading (Tariff)
Description of Services
Rate per cent)
Condition
4.
Chapter 99
Services by Central Government, State Government Union territory, local authority or governmental authority by way of any activity in relation to any function entrusted to a municipality under Article 243 W of the Constitution
Nil
Nil
In view of the above we find that functions, under article 243W of the Constitution, entrusted to municipality specifically mention “protection of the environment and promotion of ecological aspects”. Thus we observe that providing protection to the environment and promotion of ecological asp

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ly basis. Therefore we observe that the said “Khanij sampada sulk” is a form of consideration received by the State Department in lieu of services provided to the applicant for carrying over produce. As per Section 2(102) of the Act 'service' is defined as under:
(102) “services” means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or de nomination for which a separate consideration is charged;”
We further find that services which are exempted from GST are notified vide Notification No. 12/2017-Central Tax(Rate) dated 28* June' 2017. On going through the said notification we find that in totality 81 services are exempted services which includes 12 services' provided, by government or local authority and we observe that service in question provided by the State Government does not find place in said 12

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cent)
Condition
47
Heading 9983 or Heading 9991
Services provided by the Central Government Slate Government, Union territory or local authority by way of –
(a) registration required under any law for the time being in force;
(b) testing, calibration, safety check or certification relating to protection or safety of workers, consumers or public at large, including fire license, required under any law for the time being in force.
Nil
Nil
Thus we observe that the sa d registration fee is covered Under exempted service (supra) under “Services provided by the Central Government, State Government, Union Territory or local authority by way of- (a) registration required under any law for the time being in force. Accordingly the services of registration rendered by State Transport. Office is a exempted service and no GST is payable on the same.
5.2 GST applicability on penalty paid by the applicant on unaccounted stock of River Bed Material (RBM) on the orders of the District Magist

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person, for not doing a particular act in the given circumstance.
(ii) Obligation to tolerate an act or a situation: It means to accept the occurrences or existence of an act or a particular thing, which is imposed by a condition or circumstances, in a contract, agreement or any other document which is legally enforceable by law.
(iii) Obligation to do. an act It means to perform or to do something, necessarily, prescribed in an agreement, contract/or any other document which is required under am law for the time being in force.
Further, to satisfy the definition of service (defined in section 2(102) of Act ibid), the activity should be carried out by a person for another for consideration. Here it must be emphasized that the service is 'agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act', not 'to refrain from an act, or to tolerate an act or a situation, or to do an act'.
We find that a service has been state

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are liable to GST under this supply of service as the provision of cancellation charges is already informed to the customer and, therefore, it is an agreement to the obligation to tolerate an act or situation. Further penal provisions for non-performance of service or for deficiency in service also imply consideration in lieu of tolerating an act or situation.
In view of the above we observe that the penalty is to be treated as supply of service in terms of Schedule II of the Act and is liable for GST @ 18% under Service Code '-99^ and to be treated as “other services”. However the applicant is required to discharge GST liability under reverse charge in terms of serial No. 5 of the Notification no. 13/2017 -Central Tax (Rate) dated 28 06.2017 as discussed in point A above.
5.3 Availability of GST paid by the applicant at the time of purchase or repairs including spares w.r.t Vehicles (Pokland. JCB. Dumper & Tipper)used by it for movement of goods in its palace of business as Inpu

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internal source and includes a chassis to which a body has not been attached and a trailer: but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding 4[twenty-five cubic centimetres]; 1 [twenty five cubic centimetres];”
In view of the above we observe that as per Section 17(5) (a) of the-Act, Input Tax Credit shall not be available on “motor vehicle”, unless it is used for specified purposes, viz transport, training etc, listed therein. One very important thing in the said section is the definition of the term “Motor Vehicle” under. GST It generally take it to mean that all types of vehicles, as nowadays everything is run by motor. But as per Section 2(76) of the Act the expression 'motor-vehicle' shall have the same meaning as assigned to it in clause (28) of Section 2 of the Motor Vehicle Act,

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ippers, dumpers by a mining company be allowed as input credit?
Answer: The provision of Sec. 17(5) (a) of the CGST Act, 2017 restricts credit on motor vehicle for specified purposes listed therein. Further, in terms of the provision of Section 2(76) of the CGST Act, 201 7 the expression 'motor vehicle' shall have the same meaning as assigned to it in Clause (28) of Section 2 of the Motor Vehicle Act, 1988, which does not include the mining equipment viz., tippers, dumpers. Thus, as per present provisions, the GST charged or purchase of earth moving machinery including tippers, dumpers used for transportation of goods by a mining company will be allowed as input credit.
ORDER
(i) “Abhivahan Shulk” is different from toll tax and is covered under Service Code 9997, and to be treated as “other services” and is liable for GST. The applicant is liable to pay GST a 18% as on date on the same under reverse charge in terms of Serial No. 5 of the Notification no. 13/2017 – Central T

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The Haryana Goods and Services Tax (Tenth Amendment) Rules, 2018.

The Haryana Goods and Services Tax (Tenth Amendment) Rules, 2018.
78/GST-2 Dated:- 11-9-2018 Haryana SGST
GST – States
Haryana SGST
Haryana SGST
HARYANA GOVERNMENT
EXCISE AND TAXATION DEPARTMENT
Notification
The 11th September, 2018
No. 78/GST-2.- In exercise of the powers conferred by section 164 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017), the Governor of Haryana, hereby makes the following rules further to amend the Haryana Goods and Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Haryana Goods and Services Tax (Tenth Amendment) Rules, 2018.
(2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette.
2. In the Haryana Goods and Services Tax Rules, 2017, (hereinafter called the said rules), in rule 22, in sub-rule (4),-
(i) for the sign “.” existing at the end, the sign “:” shall be substituted; and
(ii) the following proviso shall be inserted, name

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in rule 55, in sub-rule (5), after the words “completely knocked down condition”, the words “or in batches or lots” shall be inserted.
5. In the said rules, in rule 89, in sub-rule (4), for clause (E), the following clause shall be substituted, namely:-
'(E) “Adjusted Total Turnover” means the sum total of the value of-
(a) the turnover in the State, 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 nonzero 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, in rule 96, for sub-rule (10), the following sub-rule shall be substituted and shall be deemed to have been substituted with effect from the 23rd October, 2017, namely:-

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-section (i),vide number G.S.R 1299 (E), dated the 13th October, 2017.”.
7. In the said rules, in rule 138A, in sub-rule (1),-
(i) in the proviso for the sign “.” existing at the end, the sign “:” shall be substituted; and
(ii) the following proviso shall be inserted, namely:-
“Provided further that in case of imported goods, the person in charge of a conveyance shall also carry a copy of the bill of entry filed by the importer of such goods and shall indicate the number and date of the bill of entry in Part A of FORM GST EWB-01.”.
8. In the said rules, for FORM GST REG-20, the following FORM shall be substituted, 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 dur

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(includes inputs/capital goods directly sent to place of business /premises of job worker)
GSTIN/State in case of unregistered jobworker
Challan No.
Challan date
Description of goods
UQC
Quantity
Taxable value
Type of goods (Inputs/capital goods)
Rate of tax (%)
Central tax
State/UT tax
Integrated tax
Cess
1
2
3
4
5
6
7
8
9
10
11
12
5. Details of inputs/capital goods received back from job worker or sent out from business place of job work
(A) Details of inputs/ capital goods received back from job worker to whom such goods were 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 do

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al
Invoice date in case supplied from premises of job worker issued by the Principal
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
Instructions:
1. Multiple entry of items for single challan may be filled.
2. Columns (2) and (3) in Table (A) and Table (B) are mandatory in cases where fresh challan are required to be issued by the job worker. Otherwise, columns (2) and (3) in Table (A) and Table (B) are optional.
3. Columns (7) and (8) in Table (A), Table (B) and Table (C) may not be filled 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 an

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tax
E
Deemed Exports
F
Advances on which tax has been paid but invoice has not been issued (not covered under (A) to (E) above)
G
Inward supplies on which tax is to be paid on reverse charge basis
H
Sub-total (A to G above)
I
Credit Notes issued in respect of transactions specified in (B) to (E) above (-)
J
Debit Notes issued in respect of transactions specified in (B) to (E) above (+)
K
Supplies / tax declared through Amendments (+)
L
Supplies / tax reduced through Amendments (-)
M
Sub-total (I to L above)
N
Supplies and advances on which tax is to be paid (H + M) above
5
Details of Outward supplies on which tax is not payable as declared in returns filed during the financial year
A
Zero rated supply (Export) without payment of tax
B
Supply to SEZs without payment of tax
C
Supplies 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

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erse charge (other than B above)on which tax is paid & ITC availed
Inputs
Capital Goods
Input Services
D
Inward supplies received from registered persons liable to reverse charge (other than B above) on which tax is paid and ITC availed
Inputs
Capital Goods
Input Services
E
Import of goods (including supplies from SEZs)
Inputs
Capital Goods
F
Import of services (excluding inward supplies from SEZs)
G
Input Tax credit received from ISD
H
Amount of ITC reclaimed (other than B above) under the provisions of the Act
I
Sub-total (B to H above)
J
Difference (I – A above)
K
Transition Credit through TRAN-I (including revisions if any)
L
Transition Credit through TRAN-II
M
Any other ITC availed but not specified above
N
Sub-total (K to M above)
O
Total ITC availed (I+ N above)
7
Details of ITC Reversed and Ineligible ITC as declared in returns filed during the financial year
A
As per Rule 37
B
As per Rule 39
C
As per Rule 42
D
As per Rule 43
E
As per

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IV
Details of tax paid as declared in returns filed during the financial year
9
Description
Tax Payable
Paid through cash
Paid through ITC
Central Tax
State Tax/UT Tax
Integrated Tax
Cess
1
2
3
4
5
6
7
Integrated Tax
Central Tax
State/UT Tax
Cess
Interest
Late fee
Penalty
Other
Pt. V
Particulars of the transactions for the previous FY declared in returns of April to September of current FY or upto date of filing of annual return of previous FY whichever is earlier
Description
Taxable Value
Central Tax
State Tax / UT
Tax
Integrated Tax
Cess
1
2
3
4
5
6
10
Supplies / tax declared through Amendments (+) (net of debit notes)
11
Supplies / tax reduced through Amendments (-) (net of credit notes)
12
Reversal of ITC availed during previous financial year
13
ITC availed for the previous financial year
14
Differential tax paid on account of declaration in 10 & 11 above
Description
Payable
Paid
1
2
3
Integrated Tax
Central Tax
State

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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
B
State Tax
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 and in case of any reduction in output tax liability the benefit thereof has been/will be passed on to the recipient of supply.
Signature
Name of Authorised Signatory
Designation / Status
Place
Date
Instructions: –
1. Terms used:
a.
GSTIN:
Goods and Services Tax Identification Number
b.
UQC:
Unit Quantity Code
c.
HSN:
Harmonized System of Nomenclature Code
2. The details for the period between July 2017 to March 2018 are to be provided in this return.
3. Part II consists of the details of all outward supplies and advances received dur

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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 of FORM GSTR-1 may be used for filling up these details.
4D
Aggregate value of supplies to SEZs on which tax has been paid shall be declared here. Table 6B of GSTR-1 may be used for filling up these details.
4E
Aggregate value of supplies in the nature of deemed exports on which tax has been paid shall be declared here. Table 6C of FORM GSTR-1 may be used for filling up these details.
4F
Details of all unadjusted advances i.e. advance has been received and tax has been paid but invoice has not been issued in the current year shall be declared here. Table 11A of FORM GSTR-1 may be used for filling up these details.
4G
Aggregate value of all inward supplies (including advances and net of credit and debit notes) on which t

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und 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 up these details.
5B
Aggregate value of supplies to SEZs on which tax has not been paid shall be declared here. Table 6B of GSTR-1 may be used for filling up these details.
5C
Aggregate value of supplies made to registered persons on which tax is payable by the recipient on reverse charge basis. Details of debit and credit notes are to be mentioned separately. Table 4B of FORM GSTR-1 may be used for filling up these details.
5D,5E and 5F
Aggregate value of exempted, Nil Rated and Non-GST supplies shall be declared here. Table 8 of FORM GSTR-1 may be used for filling up these details.
5H
Aggregate value of credit notes issued in respect of supplies declared in 5A,5B,5C, 5D, 5E and 5F shall be declared here.

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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 FORM GSTR-3B for the taxpayer would be auto-populated here.
6B
Aggregate value of input tax credit availed on all inward supplies except those on which tax is payable on reverse charge basis but includes supply of services received from SEZs 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) (5) of FORM GSTR-3B may be used for filling up these details. This shall not include ITC which was availed, reversed and then reclaimed in the ITC ledger. This is to be declared separately under 6(H) below.
6C
Aggregate value of input tax credit availed on all inward supplies received from unregistered persons (other than import of services) on which tax is payable on rever

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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 details.
6H
Aggregate value of input tax credit availed, reversed and reclaimed under the provisions of the Act shall be declared here.
6J
The difference between the total amount of input tax credit availed through FORM GSTR-3B and input tax credit declared in row B to H shall be declared here. Ideally, this amount should be zero.
6K
Details of transition credit received in the electronic credit ledger on filing of FORM GST TRAN-I including revision of TRAN-I (whether upwards or downwards), if any shall be declared here.
6L
Details of transition credit received in the electronic credit ledger after filing of FORM GST TRAN-II shall be declared here.
6M
Details of ITC availed but not covered in any of heads specified unde

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he 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 6H shall be auto-populated here.
8C
Aggregate value of input tax credit availed on all inward supplies (except those on which tax is payable on reverse charge basis but includes supply of services received from SEZs) received during July 2017 to March 2018 but credit on which was availed between April to September 2018 shall be declared here. Table 4(A) (5) of FORM GSTR-3B may be used for filling up these details.
8E & 8F
Aggregate value of the input tax credit which was available in FORM GSTR-2A (table 3 & 5 only) but not availed in any of the FORM GSTR-3B returns shall be declared here. The credit shall be classified as credit which was available and not availed or the credit was not availed as the same was ineligible. The sum total of both the rows should be equal to difference in 8D.
8G
Aggregate value of IG

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eturns 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, whichever is earlier shall be declared here.
12
Aggregate value of reversal of ITC which was availed in the previous financial year but reversed in returns filed for the months of April to September of the current financial year or date of filing of Annual Return for previous financial year, whichever is earlier shall be declared here. Table 4(B) of FORM GSTR-3B may be used for filling up these details.
13
Details of ITC for goods or services received in the previous financial year but ITC for the same was availed in returns filed for the months of April to September of the current financial year or date of filing of Annual Return for the previous financial year whichever is earlier shall be declared here. Table 4 (A) of FORM GSTR-3B may be us

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med 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-3B may be used for filling up these details.
16B
Aggregate value of all deemed supplies from the principal to the job-worker in terms of sub-section (3) and sub-section (4) of Section 143 of the HGST Act shall be declared here.
16C
Aggregate value of all deemed supplies for goods which were sent on approval basis but were not returned to the principal supplier within one eighty days of such supply shall be declared here.
17 and 18
Summary of supplies effected and received against a particular HSN code to be reported only in this table. It will be optional for taxpayers having annual turnover upto ₹ 1.50 Cr. It will be mandatory to report HSN code at two digits level for taxpayers having annual turnover in the preceding

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ed 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
Integrated Tax
Cess
1
2
3
4
5
6
A
Inward supplies liable to reverse charge received from registered persons
B
Inward supplies liable to reverse charge received from unregistered persons
C
Import of services
D
Net Tax Payable on (A), (B) and (C) above
8
Details of other inward supplies as declared in returns filed during the financial year
A
Inward supplies from registered persons (other than 7A above)
B
Import of Goods
Pt. III
Details of tax paid as declared in returns filed during the financial year
9
Description
Total tax payable
Paid
1
2
3
Integrated Tax
Central Tax
State/UT Tax
Cess
Interest
Late fee
Penalty
Pt. IV
Particulars of the transactions for the

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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
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 composition scheme (+)
17
Late fee payable and paid
Description
Payable
Paid
1
2
3
A
Central Tax
B
State Tax
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 and in case of any reduction in output tax liability the benefit thereof has been/will be passed on to the recipient of supply.
Signature
Name of Authorised Signatory
Designation / Status
Place
Date
Instructions: –
1. The details for the period between July 2017 to M

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xempted, 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 basis shall be declared here. Table 4C, Table 5 and Table 8A of FORM GSTR-4 may be used for filling up these details.
7C
Aggregate value of all services imported during the financial year shall be declared here. Table 4D and Table 5 of FORM GSTR-4 may be used for filling up these details.
8A
Aggregate value of all inward supplies received from registered persons on which tax is payable by the supplier shall be declared here. Table 4A and Table 5 of FORM GSTR-4 may be used for filling up these details.
8B
Aggregate value of all goods i

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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 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 has been issued shall be declared here. Aggregate value of taxes paid out of the total value of confirmed demand in 15E above shall be declared here.

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

Goa Goods and Services Tax (Ninth Amendment) Rules, 2018
38/1/2017-Fin(R&C)(70) Dated:- 11-9-2018 Goa SGST
GST – States
Goa SGST
Goa SGST
GOVERNMENT OF GOA
Department of Finance
Revenue & Control Division
Notification
38/1/2017-Fin(R&C)(70)
In exercise of the powers conferred by section 164 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 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 (Ninth Amendment) Rules, 2018.
(2) They shall come into force with effect from the 10th day of September, 2018.
2. In the Goa Goods and Services Tax Rules, 2017,
(i) in rule 117,

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Seeks to extend the due date for filing of FORM GSTR – 1 for taxpayers having aggregate turnover up to 1.5 crores

Seeks to extend the due date for filing of FORM GSTR – 1 for taxpayers having aggregate turnover up to 1.5 crores
38/1/2017-Fin(R&C)(69) Dated:- 11-9-2018 Goa SGST
GST – States
Goa SGST
Goa SGST
GOVERNMENT OF GOA
Department of Finance
Revenue & Control Division
Notification
38/1/2017-Fin(R&C)(69)
In exercise of the powers conferred by section 148 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017) (hereafter in this notification referred to as the said Act), and in supersession of –
(i) Notification No.38/1/2017-Fin(R&C)(31) dated 23rd November, 2017, published in the Official Gazette, Series I No. 34, Extraordinary dated the 23rd November, 2017;
(ii) Notification No.38/1/2017-Fin(R&C)(56) dated 11th Apri

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2. The said persons may furnish the details of outward supply of goods or services or both in FORM GSTR-1 of the Goa Goods and Services Tax Rules, 2017, effected during the quarter as specified in column (2) of the Table below till the time period as specified in the corresponding entry in column (3) of the said Table, namely:-
Table
Sl. No.
Quarter for which details in FORM GSTR-1 are furnished
Time period for furnishing details in FORM GSTR-1
(1)
(2)
(3)
1
July – September, 2017
31st October, 2018
2
October – December, 2017
31st October, 2018
3
January – March, 2018
31st October, 2018
4
April – June, 2018
31st October, 2018
5
July – September, 2018
31st October, 2018
6
October – December, 2018
31st January, 2019

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