Extension of the due dates for the furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of more than ₹ 1.5 crores – Notification

Goods and Services Tax – Extension of the due dates for the furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of more than ₹ 1.5 crores – Notification – TMI Updates – Highlights

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Extension of due date for filing of application for refund u/s 55 by notified agencies – Notification

Goods and Services Tax – Extension of due date for filing of application for refund u/s 55 by notified agencies – Notification – TMI Updates – Highlights

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Levy of GST – Petrol and Diesel – case of petitioner is that the petroleum and diesel should be brought forthwith within the ambit of Goods and Service Tax – this Court is not in a position to issue any positive direction to the respondents to c

Goods and Services Tax – Levy of GST – Petrol and Diesel – case of petitioner is that the petroleum and diesel should be brought forthwith within the ambit of Goods and Service Tax – this Court is not

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Confusions in GST Law: Part 2

Goods and Services Tax – GST – By: – Altamush Zafar – Dated:- 29-3-2018 – Continuing our series Confusions in GST, this time we will be discussing about: Industry: Finance Industry Topic: Input Tax Credit A brief description about what is input tax credit – Input Tax Credit is the tax paid on purchases of goods and services and which can be utilized for payment of tax on sale of goods or services. Here we are discussing about ITC in Institutions and Companies which engage in granting and accepting loans and deposits. Accepting and Granting Loans is a service for which consideration is in the form of Interest. This Interest is exempt from GST and specifically comes under Nil Rated Supplies. However all other charges which Banks and other su

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ed for Exempt Outward Supplies or they are for common supplies. As Financial Institutions like banks have a lot of transaction on per day basis and business being spread out throughout the Nation it may become cumbersome for such financial institutions to calculate reversal by this method. This method is also not cost effective because it requires immense efforts to calculate the exact amount and the corresponding benefit might not be that fruitful. Considering the above situation the Act has allowed such financial institutions including NBFC's to take 50% of all eligible input credits [not blocked by section 17(5)] and the rest shall lapse. The Act provides that 50% credits shall be taken for all inputs, capital goods and input service

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

you buy, you sell that quantity. Now the bank (assuming it has availed the option of 50% credits) will sell gold with 3% tax but while buying the same will take credits of whole 3% or 1.5%?. This is just one example, Public Sector Financial Institutions carry on many businesses which are totally unrelated to finance. They will also face similar problems. Possible solutions may be either not to take the option but that will increase workload immensely OR separate registration as different business vertical but then imagine different verticals for each business and each state will result in number of registration for the same bank and this will increase the compliance workload. What are your comments on the same? Let me know in the comments

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

M/s SRKM STEEL PVT. LTD. Versus THE STATE OF ASSAM AND 4 ORS.

2018 (3) TMI 1691 – GAUHATI HIGH COURT – 2018 (18) G. S. T. L. J213 (Gau) – Online filing of returns in the form of GSTR-1 or if GSTR-1 by means of GSTR-3B – Held that:- A communication from the GST Help Desk has been brought on record, by which the petitioner was informed that in the event the temporary authorized signatory is dead or is not traceable, the appropriate remedy would be to approach the Revisional Jurisdictional Tax Officer to set up a new authorized signatory in the GST portal – From the said communication, it appears that the jurisdictional tax officer, who in the present case is said to be the Superintendent of Taxes is the appropriate authority to set up a new authorized signatory.

List this matter again on 06.04.20

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

mpany. Late Gaurav Khetawat died on 21.08.2017. Upon his death, the petitioner firm made endeavour to file a return through the signature of another Director of the company, but it is stated that the online portal for the purpose of GST is not receiving such application forms. It is stated that whenever attempts are made to submit the online form through another signatory, the portal repeatedly kept asking for the digital signature of the earlier authorized signatory, who is no more. In the aforesaid circumstance, the petitioner submitted a representation dated 18.12.2017 before the Superintendent of Taxes, Unit-D, C-8, Kar Bhawan, Ganeshguri, Guwahati highlighting the aforesaid inconvenience with a request for appropriate advice. As nothin

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Extension of date for submitting the statement in FORM GST TRAN-2 under rule 117(4)(b)(iii) of the Puducherry Goods and Services Tax Rules, 2017.

GST – States – 01/2018-Puducherry GST – Dated:- 29-3-2018 – GOVERNMENT OF PUDUCHERRY COMMERCIAL TAXES DEPARTMENT F. No.3074/CTD/GST/2018. Puducherry, dated 29th March 2018. ORDER No. 1/2018-Puducherry GST Subject : Extension of date for submitting the statement in FORM GST TRAN-2 under rule 117(4)(b)(iii) of the Puducherry Goods and Services Tax Rules, 2017. In exercise of the powers conferred by sub-clause (iii) of clause (b) of sub-rule (4) of rule 117 of the Puducherry Goods and Services Tax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

In order to clarify the extension of date for submitting statement in form GST TRAN-2 under rule 117(4)(b)(iii) of the Andhra pradesh goods and services tax rules.

GST – States – NO.01/2018 – Dated:- 29-3-2018 – GOVERNMENT OF ANDHRA PRADESH COMMERCIAL TAXES DEPARTMENT ORDER NO.01/2018 [NO.CCT/CCW/GST/74/2015, DATED 29-3-2018 In exercise of the powers conferred by sub-clause (iii) of clause (b) of sub-rule (4) of rule 117 of the Andhra Pradesh Goods and Services Tax Rules, 2017 read with section 168 of the Andhra Pradesh Goods and Services Tax Act, 2017, the Chief Commissioner, on the recommendations of the Council, hereby extends the period for furnishing

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Extends the time limit for furnishing the details of outward supplies in FORM GSTR-1.

GST – States – 005/2018-GST – Dated:- 29-3-2018 – GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR OFFICE OF THE COMMISSIONER OF STATE TAX:: ASSAM KAR BHAWAN Notification No. 05/2018-GST The 29th March, 2018 No. CT/GST-14/2017/109.- In exercise of the powers conferred by the second proviso to sub-section (1) of section 37 of the Assam Goods and Services Tax Act, 2017 (Assam Act No. XXVIII of 2017) (hereafter in this notification referred to as the said Act ), the Commissioner, on the recommendations of the Council, hereby extends the time limit for furnishing the details of outward supplies in FORM GSTR-1 under sub-section (1) of section 37 of the said Act for the months as specified in column (2) of the Table, by such class of registered person

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Extension of date for filling the return in FORM GSTR-6.

GST – States – 006/2018-GST – Dated:- 29-3-2018 – GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR OFFICE OF COMMISSIONER OF STATE TAX ASSAM KAR BHAWAN Notification No. 6/2018-GST The 29th March, 2018 No. CT/GST-14/2017/110.- In exercise of the powers conferred by sub-section (6) of section 39 of the Assam Goods and Services Tax Act, 2017, (Assam Act No. XXVIII of 2017) (hereafter in this notification referred to as the said Act ) and in supersession of notification No. CT/GST-14/2017/91 dated the 24

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Extends the time limit for furnishing the return by an Input Service Distributor in FORM GSTR-6.

GST – States – CCT/26-2/2017-18/33/6132 – Dated:- 29-3-2018 – GOVERNMENT OF GOA Department of Finance Office of the Commissioner of Commercial Taxes __ Notification No. CCT/26-2/2017-18/33/6132 In exercise of the powers conferred by sub-section (6) of Section 39 read with Section 168 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017) (hereinafter referred to as the said Act) and in supersession of Notification No. CCT/26-2/2017-18/29/4897, dated the 23rd January, 2018, published in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Last date for filing of return in FORM GSTR-1.

GST – States – CCT/26-2/2017-18/32/6131 – Dated:- 29-3-2018 – GOVERNMENT OF GOA Department of Finance Office of the Commissioner of Commercial Taxes __ Notification No. CCT/26-2/2017-18/32/6131 In exercise of the powers conferred by the second proviso to sub-section (1) of Section 37 read with Sec29tion 168 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017) (hereafter in this Notification referred to as the Act), the Commissioner, on the recommendations of the Council, hereby exten

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Extension of date for submitting the statement in FORM GST TRAN-2 under Rule 117(4)(b)(iii) of the Goa Goods and Service Tax Rules, 2017.

GST – States – CCT/26-2/2017-18/12/6129 – Dated:- 29-3-2018 – GOVERNMENT OF GOA Department of Finance Office of the Commissioner of Commercial Taxes __ Order No. CCT/26-2/2017-18/12/6129 Sub.: Extension of date for submitting the statement in FORM GST TRAN-2 under Rule 117(4)(b)(iii) of the Goa Goods and Service Tax Rules, 2017. In exercise of the powers conferred by sub-clause (iii) of clause (b) of sub-rule (4) of Rule 117 of the Goa Goods and Services Tax Rules, 2017 read with Section 168 of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Last date for filing of return in FORM GSTR-3B.

GST – States – 04/2018 – Dated:- 29-3-2018 – GOVERNMENT OF TELANGANA COMMERCIAL TAXES DEPARTMENT TGST Notification No. 04/2018 CCT s Ref No. A(1)/103/2017, Dt. 29-03-2018 In exercise of the powers conferred by Section 168 of the Telangana Goods and Services Tax Act, 2017 (23 of 2017) (hereafter in this notification referred to as the Act) read with sub-rule (5) of Rule 61 of the Telangana Goods and Services Tax Rules, 2017, the Commissioner of State Tax, Telangana, on the recommendations of the Council, hereby specifies that the return in FORM GSTR-3B for the month as specified in column (2) of the Table below shall be furnished electronically through the common portal, on or before the last date as specified in the corresponding entry in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Notification regarding furnishing of Form GSTR-1 effected during the quarter April to June, 2018 till 31.07.2018.

GST – States – F.1-11(91)-TAX/GST/2018(Part) – Dated:- 29-3-2018 – GOVERNMENT OF TRIPURA FINANCE DEPARTMENT (TAXES & EXCISE) No.F.1-11(91)-TAX/GST/2018(Part) Dated, Agartala, the 29th March, 2018 NOTIFICATION In exercise of the powers conferred by section 148 of the Tripura State Goods and Services Tax Act, 2017 (Tripura Act No. 9 of 2017) (hereafter in this notification referred to as the Act), the State Government, on the recommendations of the Council, hereby notifies the registered pers

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Extension of date for submitting the statement in FORM GST TRAN-2 under rule 11 of the Tripura State Goods and Service Tax Rules, 2017.

GST – States – F.1-11(91)-TAX/GST/2018(Part)/2448-54 – Dated:- 29-3-2018 – GOVERNMENT OF TRIPURA OFFICE OF THE CHIEF COMMISSIONER OF STATE TAX PANDIT NEHRU COMPLEX, GURKHABSTI, AGARTALA No.F.1-11(91)-TAX/GST/2018(Part)/2448-54 Dated, Agartala, the 29th March, 2018 ORDER Subject: Extension of date for submitting the statement in FORM GST TRAN-2 under rule 11 of the Tripura State Goods and Service Tax Rules, 2017. In exercise of the powers conferred by sub-clause (iii) of clause (b) of sub-rule (

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Seeks to mandate the furnishing of return in FORM GSTR-3B from April to June 2018

GST – States – F.No. 3240/CTD/GST/2018/1 – Dated:- 29-3-2018 – F. No.3240/CTD/GST/2018/1 GOVERNMENT OF PUDUCHERRY COMMERCIAL TAXES DEPARTMENT Puducherry, 29th March, 2018 NOTIFICATION In exercise of the powers conferred by section 168 of the Puducherry Goods and Services Tax Act, 2017 (Act No.6 of 2017) (hereafter in this notification referred to as the Act) read with sub-rule (5) of rule 61 of the Puducherry Goods and Services Tax Rules, 2017, the Commissioner of State Tax, Puducherry on the recommendations of the Council, hereby specifies that the return in FORM GSTR-3B for the months as specified in column (2) of the Table below shall be furnished electronically through the common portal, on or before the last date as specified in the c

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Amendment to APGST Rules, 2017 – Rules with respect to e-way bills issued – Effective Date Notified.

GST – States – G.O.Ms.No.141 – Dated:- 29-3-2018 – GOVERNMENT OF ANDHRA PRADESH REVENUE DEPARTMENT (COMMERCIAL TAXES-II) [G.O.Ms.No.141, Revenue (Commercial Taxes-II), 29th March, 2018.] NOTIFICATION In exercise of the powers conferred by Section 164 of the Andhra Pradesh Goods and Services Tax Act, 2017 (16 of 2017), the Government hereby appoints the 1st day of April, 2018, as the date from which the provisions of sub-rules(ii) [other than clause (7)], (iii), (iv), (v), (vi) and (vii) of Rule

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Seeks to extend the due dates for the furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of more than ₹ 1.5 crores.

GST – States – 07/2018-C.T./GST – Dated:- 29-3-2018 – GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA-700015 NOTIFICATION BY THE COMMISSIONER OF STATE TAX Notification No. 07/2018-C.T./GST Dated: 29.03.2018 Whereas, rules 138 to 138D of the West Bengal Goods and Services Tax Rules, 2017 containing provisions of e-way bill, have been substituted by the West Bengal Goods and Services Tax (Second Amendment) Rules, 2018 vide Notification No. 281-F.T. [12/2018-State Tax] dated 07.03.2018; And whereas, the 1st day of April, 2018 has been appointed as the date from which the provisions of rules 138 [other than sub-rule (7)], 138A, 138B, 138C and 138D shall come into force vide Notification No. 356-F.T. [15/2

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Inverted Tax Utilization

Goods and Services Tax – Started By: – DEEPAK SHARMA – Dated:- 28-3-2018 Last Replied Date:- 29-3-2018 – Sir,One is manufacturing normal products, where rate of tax on inputs and output is almost same, simultanously they manufacturing footwear where input tax rate is higher i.e. 18% and output tax rate is 6% it means its under inverted tax rate structure. Is it possible to the taxpayer they can use spare tax accumulated on raw material of footwear to liability arised on normal products. Thanks – Reply By KASTURI SETHI – The Reply = Yes. There is no restriction on utilisation in the situation explained. Even now refund is admissible but too many strings are attached. – Reply By Ganeshan Kalyani – The Reply = law says if purchases / expense

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

LUT for FY 18-19

Goods and Services Tax – Started By: – MistralSolutionsPrivateLimited – Dated:- 28-3-2018 Last Replied Date:- 6-4-2018 – Dear All,LUT online submission in GST Portal is available for the FY 18-19.Please provide a clarity as to whether only online submission is sufficient or should we file off line also like FY 17-18.please clarify.thanks.Saravanan. – Reply By SHIVKUMAR SHARMA – The Reply = Online is Sufficient.Not required to submit hard Copy. – Reply By MistralSolutionsPrivateLimited – The Reply = Is there any circular available from department side stating that only online is sufficient?.Saravanan. – Reply By Alkesh Jani – The Reply = Sir, till date I have not came across any such authority. Therefore, it is suggested that LUT may be filed online and download the hard copy of the same submit it to the J.O. – Reply By KASTURI SETHI – The Reply = Pl. read Point No. 2(L) of the following circular:- Export of goods – Furnishing of Bond/Letter of Under-taking for exports – Clarification

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

he date of availability of online facility. Note the words 'at liberty' in the highlighted para of Board's circular. This circular has discussed notification referred to by you. The manual facility was for the time being. – Reply By Alkesh Jani – The Reply = Sir, Thanks for your reply, but sorry to say still I am confused that the word liberty is with regards, to furnishing LUT before either Central or State Officer. Further, When notification mentions of LUT on letter head and to be submitted in duplicate. Can Circular be relied upon.Moreover, on GST portal does not speaks about this. Regards, – Reply By KASTURI SETHI – The Reply = We should not be dragged into such trivial matters. Every item of work is going paperless. From A to Z, will be on common portal system. If Common Portal System does not click on any kind of work, we have to resort to manual submissions of docs. These are procedural matters. Nobody is going to be penalized for such lapses. 'Liberty' stan

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Required as confirmed by Department in their Tweets.Refer Below tweets: – Reply By Ganeshan Kalyani – The Reply = interaction with the department in person has been reduced by adopting online method. This is ease of doing business. Good part of GST. – Reply By Alkesh Jani – The Reply = Dear all, with due respect to all, I just want to inform you that as on i.e. 05/04/2018, on my personal visit to Range office and Division office of CGST, Ahmedabad, it was informed that still menu for granting LUT online is not available on their screen. The exporter may not suffer for any litigation, in future so it is my humble request that please visit your J.O. although LUT is filed online.With Regards, – Reply By Keyur Mehta – The Reply = I agree with Mr. Alkesh Jani.It is good to think that online submission is sufficient given the provisions and law. However, it is practical experience that if due care not taken, may lead to unnecessary litigation and harassment. So as a measure of not undergoing

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST HSN CODE FOR DIRECT SELLING

Goods and Services Tax – Started By: – vijeta sarkar – Dated:- 28-3-2018 Last Replied Date:- 29-3-2018 – NOT ABLE TO UNDERSTAND HOW IT WILL WORK FOR DIRECT SELLING – Reply By Alkesh Jani – The Reply = Sir/Madam,Please elaborate your query, so that our experts can reply accordingly. – Reply By Ganeshan Kalyani – The Reply = if you are doing trading activity then HSN of goods will be applicable . if you are a c &f agent then it is service. sac will have to be referred. – Reply By KASTURI SETH

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Balance claim of States under GST

Goods and Services Tax – GST – Dated:- 28-3-2018 – The Government is providing claims to the States under GST. As per provisions in Section 7 of the GST (Compensation to States) Act, 2017 loss of revenue to the States shall be calculated and compensation for loss of revenue to the State shall be provisionally calculated and released at the end of every two months period. As per Section 4 of the said Act, financial year 2015-16 has been taken as the base year for calculating compensation amount

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST ON SUPPLY OF MAN POWER

Goods and Services Tax – Started By: – PAWANKUMAR GARG – Dated:- 28-3-2018 Last Replied Date:- 29-3-2018 – SIR,ONE OF MY CLIENT IS PROVIDING MAN POWER TO NAGAR COUNCIL. PL.LET ME KNOW WHEATHER SERVICE IS TAXABLE. IF YES THEN SERVICE CODE AND RATE OF TAX. – Reply By Ganeshan Kalyani – The Reply = HSN/ SAC 99979 , GST @18% – Reply By Alkesh Jani – The Reply = Sir, Can we classify under SAC 998519. – Reply By KASTURI SETHI – The Reply = 998519 for manpower supply is correct. – Discussion-Forum – K

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =