Goods and Services Tax – Difficulties in filing of GST Tran-1 and other returns – HC directed the revenue to accept returns provisionally either by way of opening the portal or manually. – TMI Updates – Highlights
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Goods and Services Tax – E-way Rules – scope of the expressions ‘transported by railways’, ‘transportation of goods by railways’, ‘transport of goods by rail’ and ‘movement of goods by rail’ – New Exp
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Goods and Services Tax – Anti-Profiteering – scope of Interested Party – Explanations to Chapter XV of the CGST Rules, 2017 as amended. – TMI Updates – Highlights
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Goods and Services Tax – Anti-Profiteering – Decision to be taken by the majority – Rule 134 of the CGST Rules, 2017 as amended. – TMI Updates – Highlights
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Goods and Services Tax – Anti-Profiteering – Order of the Authority – Rule 133 of the CGST Rules, 2017 as amended. – TMI Updates – Highlights
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Goods and Services Tax – Anti-Profiteering – Initiation and conduct of proceedings – Rule 129 of the CGST Rules, 2017 as amended – TMI Updates – Highlights
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Goods and Services Tax – Anti-Profiteering – Duties of the Authority – Rule 127 of the CGST Rules, 2017 as amended. – TMI Updates – Highlights
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Goods and Services Tax – Anti-Profiteering – Secretary to the Authority – Rule 125 of the CGST Rules, 2017 as amended – TMI Updates – Highlights
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Goods and Services Tax – Anti-Profiteering – Appointment, salary, allowances and other terms and conditions of service of the Chairman and Members of the Authority – Rule 124 of the CGST Rules, 2017 as amended – TMI Updates – Highlights
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Goods and Services Tax – Conditions and restrictions in respect of inputs and capital goods sent to the job worker – Rule 45 of CGST Rules, 2017 as amended – TMI Updates – Highlights
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Goods and Services Tax – After introduction of GST, increasing trend in the number of companies’ registrations, industrial activity has accelerated and growth in sales for corporates has also seen a remarkable increase – TMI Updates – Highlights
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Customs – Exemption to specified goods imported on procured by EOU s, STP Units, EHTP units etc. for specified purposes – Exemption from IGST extended till 1.10.2018 – TMI Updates – Highlights
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Customs – Refund of IGST on Export—Extension of date in SB005 alternate mechanism cases & clarifications in other cases – Circular – TMI Updates – Highlights
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Goods and Services Tax – Started By: – Dinesh Biyanee – Dated:- 24-3-2018 Last Replied Date:- 26-3-2018 – if a person receives commission less than 20 lacs during a year will need GST registration or not.will he be considered as pure agent ? – Reply By KASTURI SETHI – The Reply = (i) No registration required. (ii) Whether a commission agent is pure agent or not, it depends upon terms and conditions of contract/agreement . However example C & F Agent, CHA etc. are pure agent. Rule 33 of CGST Rules, 2017 also prescribes the procedure for transaction in which a person acts as a pure agent for a principal for certain services supplied to the principal through third party. Although, supply by principal and agent or vice versa inter se is tr
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– (a) enters into a contractual agreement (whether written on otherwise) with the recipient of supply to act as his pure agent to incur expenditure or costs in the course of supply of goods or services or both; (b) neither intends to hold nor holds any title to the goods or services or both so procured or provided as pure agent of the recipient of supply; (c) does not use for his own interest such goods or services so procured; and (d) receives only the actual amount incurred to procure such goods or services. – Reply By Alkesh Jani – The Reply = Sir, for my knowledge purpose, please clarify above raise issue by pursuing Section 15(2)(b) & (c) of the CGST Act, 2017. Regards, – Reply By KASTURI SETHI – The Reply = Section 15 (2) (b) &
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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 24-3-2018 Last Replied Date:- 14-4-2018 – Leasing out the immovable property by the assessee was a taxable service under the category of Renting of Immovable Property under Section 65(105)(zzzz) of the Finance Act, 1994, as amended with effect from 01-07-2010. The CBEC vide DO F. No. 334/1/2010-TRU dated 26-02-2010 had clarified that it has been reported in many states, the local industrial corporation of PSUs or even private organization rent vacant land on a long terms leases with an explicit understanding that lessee would construct factory or commercial building on that land. In such cases, the ownership of the land is not transferred to the lessee and thus it is a service provided by the lessor to the lessee. The situation is similar to renting out a constructed structure for commercial purposes except that at the time of executing the lease agreement the land is in a vacant state and that later the lessee construc
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es against such provisioning of lease / renting service. Consideration means any amount that is payable for any service provided or to be provided. Lessor receives the amount in the form of upfront lease premium and other charges as consideration for lease. Upfront lease premium is charged on one time basis but on the other hand other charges are charged on regular basis (annual or otherwise). The premium is the price paid for obtaining the lease of an immovable property. While rent, on the other hand, is the payment made for use and occupation of the immovable property leased. Service tax on renting activity as stipulated under Section 65B (41) of the Finance Act, 1994 read with Rule 2(1)(f) of the Service Tax Rules, 1994 cannot be charged on the amount of premium or salami paid by the lessee to the lessor for transfer of interest in the property from the lessor to the lessee as this amount is not for continued enjoyment of the property leased out. Since the levy of service tax is on
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occupation of immovable property leased. Tax is payable on renting of immovable property. Lease premium is not for continued enjoyment of property and as such demand was held to be not sustainable. In City & Indus. Dev. Corpn. of Maharashtra Ltd vs. CST, Mumbai-II, 2014 (11) TMI 127 – BOMBAY HIGH COURT , it has been held by Bombay High Court that Service Tax is leviable on quantum of lease charges and not on lease premium. In Infinity Infotech Parks Ltd. v. Union of India 2014 (12) TMI 36 – CALCUTTA HIGH COURT , it was held that prima facie, there is a distinction between premium or salami, being price paid for transfer of a right to enjoy property and rent paid periodically to lessor; while former was a capital income, latter was a revenue receipt. Premium/salami is not advance rent which constitutes revenue receipt. Long-term lease for 99 years has been held to amount to 'transfer' under Income-tax law and premium or salami received was held taxable under head 'Capita
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footing when compared to the regular lease rent, received in a periodical manner. On identical set of facts, with reference to lease granted by Tripura Industrial Development Corporation, the High Court of Tripura in the case of Hobbs Brewers India Pvt. Ltd. v. Union of India reported in [ 2016 (4) TMI 1173 – TRIPURA HIGH COURT ] held as below: 4. We are not at all inclined to even issue notice in the writ petition. A perusal of Section 65(90a) and Section 65(105)(zzzz) of the Finance Act, 1994 as quoted in the letter dated 23-11-2015 clearly shows that Renting of Immovable Property Service includes renting, letting, leasing, licensing or other similar arrangements amounts to providing service and under Section 65(105)(zzzz) it is a taxable service. 5. It is urged on behalf of the petitioner that what is taxable is the rent and not premium. This argument is without any basis whatsoever. What is taxable is the consideration for the transfer. Even if premium is charged that is like char
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l plots (Section 104) Finance Act, 2017 had inserted a section 104 as special provision in Finance Act, 1994 for retrospective exemption to lease premium/upfront fee in relation to long term lease of industrial plots. This provision sought to insert section 104 in the 1994 Act so as to exempt service tax leviable on one-time upfront amount (premium, salami, cost, price, development charge or by whatever name called) in respect of taxable service provided or agreed to be provided by a State Government industrial development corporation or undertaking to industrial units by way of grant of long-term lease of thirty years or more of industrial plots, during the period commencing from the 1st day of June, 2007 and ending with the 21st day of September, 2016 (both days inclusive). Earlier, vide Notification No. 41/2016-ST dated 22.09.2016, taxable services provided by State Government Industrial Development Corporations/ Undertakings to industrial units by way of granting long-term (thirty
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Goods and Services Tax – GST – By: – Altamush Zafar – Dated:- 24-3-2018 – The first financial year under the GST regime is coming to an end but there is no dearth of confusions in the provisions of the law. This series will focus on various issues that are still unanswered. This is the first part and we will talk about the following issue: Topic ; Input Tax Credit (ITC) First a brief explanation about what is Input Tax Credit. Input Tax Credit is the tax paid on your purchases which can be availed and utilized to pay taxes on your sales. In this way the person pays taxes only on the value added in his product or service. In Indian GST Law the tax structure is a dual model. For Intra-State (within a state) Transactions Central GST (CGST) an
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during his business trip. The hotel will charge him CGST and Maharastra GST. Now the question arises whether the person will be eligible to take credits of this service even if he provides the GSTIN of his firm. The opinions of Consultants are divided on this matter. One category are of the opinion that no credits shall be available on this transactions and to avail the credits the person will have to get registered in Maharashtra. The second category is of the opinion that the person will be able to avail the CGST portion as that has applicability to all over India. This issue might not hit hard on businesses in general as number of transactions might be less but it will certainly be a problem for people who are engaged in related business
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Goods and Services Tax – Started By: – BalKrishan Rakheja – Dated:- 24-3-2018 Last Replied Date:- 25-3-2018 – A manufacutrer (Ltd Company) having one unit in Panchkula and another in Baddi (HP) (same name and same PAN) and engaged both are in manufacturing of medicine. Unit situated at Panchkula purchased the medicine from their Badi unit on payment of IGST and exported the same from the Panchkula premises in the same packing on same day after availing the ITC on these finished goods. The party export these goods (medicine) under LUT and now filed refund for accumulated ITC. on perusal of time of clearance invoices it also found that the difference of time of issuance of invoice from Badias well as from Panchkula is only 8-15 Minutes . Now
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reply is as under:- (1) Yes.(2) Yes.(3) Sometimes timing set on the computer creates such problem. You are right to the extent that it is practically not feasible to reach the goods between 15-20 minutes. Journey takes more than one hour between Panchkula and Baddi. However, if your transaction is genuine, nothing to worry. Other supporting documents will come to your rescue i.e. Export docs, receipt of goods by foreign buyer, airway bill, foreign exchange, BRC, GR (consignment note) etc. In view of these docs, the error of timing would be treated as procedural/clerical/typographical lapse. – Reply By BalKrishan Rakheja – The Reply = Thanks Sethi Ji, Sir I am from Department and my confusion is that the party has submitted 4 claim for four
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Goods and Services Tax – GST – Dated:- 24-3-2018 – Introduction of GST was a historical step for transforming India into a common national market with a simplified tax regime. GST was implemented w.e.f 1st July, 2017 and was welcomed by industry and corporates. Corporate sector as represented by industry associations such as CII, FICCI, and ASSOCHAM has reacted positively to introduction of GST in India. The total number of companies registered during the period July, 2017 to February, 2018 (post GST) is 68,299. The number of companies registered in the corresponding period of the previous year i.e. from July, 2016 to February, 2017 was 63,106. Thus, the increasing trend in the number of companies registrations has been maintained post GST
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e for Law & Justice and Corporate Affairs Shri P.P. Chaudhary in Lok Sabha. Also, the overall growth rate of GDP increased from 6.5% in Q2 to 7.2% in Q3 of 2017-18. The corresponding figures for 2016-17 were 7.6% and 6.8% respectively. Introduction of GST was the biggest tax reform in independent India. Introduction of GST has reduced the multiplicity of taxes and has thus created a simpler tax regime to promote ease of doing business. By doing away with the cascading effects of multiple taxes, GST is expected to lead to a reduction in the prices of goods. This will make our businesses more competitive in domestic and international markets which will thus spur the corporate sector along with formalization and overall growth of the econo
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Goods and Services Tax – Started By: – b vinay reddy – Dated:- 24-3-2018 Last Replied Date:- 25-12-2018 – Whether GST is applicable on MILK CHILLING UNIT or Not? – Reply By Rajagopalan Ranganathan – The Reply = Sir, As per Sl. No. 25 of Notification No. 2/2017-Central Tax (Rate) dated 28.6.2017 as amended Fresh milk and pasteurised milk, including separated milk, milk and cream, not concentrated nor containing added sugar or other sweetening matter, excluding Ultra High Temperature (UHT) milk i
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GST – States – 05/2018 – Dated:- 24-3-2018 – Office of the Commissioner of the State Goods and Services Tax Department, Government of Kerala, Thiruvananthapuram No CT/24164/C1 Dtd 24/03/2018 Circular No. 5/2018 Sub: Disbursal of SGST components of refund claim – Instructions issued- reg. The Government, vide order cited above has issued certain guidelines to the treasury officials with regard to refund o/ the SGST component. In order to streamline the procedures to be followed in the process of refund application filed by the tax payers on the rolls of State Tax authorities in line with the Government Order referred to above, the following further instructions are issued. The refund applications filed by the tax payers on the rolls of Stat
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(Nodal officers). The details of such refund order forwarded to the District Deputy Commissioner of State tax shall be maintained by the concerned assessing authority in a separate register. The SGST- REFUND REGISTER- 2 is modified to that extent. SGST – REFUND REGISTER-2 (Details of refund orders submitted to the District Deputy Commissioner of State tax by the assessing authority) Sl.No. Name of Tax payer GSTIN Date of filing of refund application Refund Claim of Central Tax Refund Claim of State Tax Date of approval Refund Sanctioned-Central Tax Refund Sanctioned-State Tax 1 2 3 4 5 6 7 8 9 No.& Date of Refund sanction order No. & Date of payment advice. Date of communication to Central Tax authorities Authority who approved the
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ing authority, the Deputy Commissioner of State Tax (Nodal Officer), after due verification shall entrust the matter to the Manager (DDO) of the office of the Deputy Commissioner of State Tax, for onward transmission to the treasury officials for release of payment. The nodal officers shall direct the Manager (DDO) of the office of the Deputy Commissioner of State Tax to follow the procedures given below on receipt of Payment Advice from assessing authority: 1. Maintain a separate register (SGST – REFUND REGISTER-3) 2. Accounts Section shall enter the details of refund sanction orders received from assessing authority of State Tax in the Register. (Format given) 3. Present the Original Sanction Order along with Payment Advice to Treasury wi
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The Uttarakhand Goods and Services Tax (Second Amendment) Rules, 2018 – GST – States – 282/2018/4(120)/XXVII(8)/2018/CT-12 – Dated:- 24-3-2018 Notification – Circular
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GST – States – FA-3-12/2018-1-V-(34) – Dated:- 24-3-2018 – Commercial Tax Department Mantralaya, Vallabh Bhawan, Bhopal Bhopal, the 24th March 2018 No. FA-3-12/2018-1-V-(34).-In exercise of the powers conferred by Section 168 of the Madhya Pradesh Goods and Services Tax Act, 2017 (19 Of 2017) (hereafter in this notification referred to as the Act) read with sub-rule (5) of rule 61 of the Madhya Pradesh Goods and Services Tax Rules, 2017, the Commissioner, 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 column (3)
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GST – States – FA-3-13/2018-1-V-(35) – Dated:- 24-3-2018 – Commercial Tax Department Mantralaya, Vallabh Bhawan, Bhopal Bhopal, the 24th March 2018 No. FA-3-13/2018-1-V-(35).-In exercise of the powers conferred by Section 164 of the Madhya Pradesh Goods and Services Tax Act, 2017 (19 of 2017), the State Government hereby, makes the following rules further to amend the Madhya Pradesh Goods and Services Tax Rules, 2017, namely:- 1. 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 Madhya Pradesh Goods and Services Tax Rules, 2017, (i) in rule 45, in sub-rule (1), after the words, where such goods are sent directly to a job worker occurring at the end, the
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words to furnish a performance report to the Council by the tenth , the word day shall be inserted; (iii) in rule 129, in sub-rule (6), for the words as allowed by the Standing Committee , the words as may be allowed by the Authority shall be substituted; (iv) in rule 133, after sub-rule (3), the following sub-rules may be inserted, namely:- (4) If the report of the Director General of Safeguards referred to in sub-rule (6) of rule 129 recommends that there is contravention or even non-contravention of the provisions of Section 171 or these rules, but the Authority is of the opinion that further investigation or inquiry is called for in the matter, it may, for reasons to be recorded in writing, refer the matter to the Director General of Sa
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Goods and Services Tax – Amending the CGST Rules, 2017(Third Amendment Rules, 2018) – Notification – TMI Updates – Highlights
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Goods and Services Tax – Started By: – Vishal mandaviya – Dated:- 23-3-2018 Last Replied Date:- 26-3-2018 – Reverse chargeLets start with an example of person doing trading of cotton.For example Mr. A is cotton trader. He has GST number.Lets say this is July 2017 and Mr. A purchase some amount of cotton from farmers (i e. Unregistered dealer). He buys a cotton worth of ₹ 1 Crore and sale it.Now for GST he will need to pay 5 lakh for sales and 5 lakh as a reverse charge. So he pays total 10lakh of GST into which 5 lakh will be saved as an ITC.Now the next month i.e. August.This time Mr. A purchase cotton worth of 20lakhs and sell it.Now this time he will pay 1 lakh on sales and 1 lakh on purchase (i.e. reverse charge) but he will get
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ion has been suspended upto 30th June 2018 as decided in the gst council meeting held on 10.03.2018. first you pay 5lacs of reverse charge on say 17th of next month and let it get reflected in gst credit ledger of gstn. then while making payment of 5 lacs on sales then you will be claim set of the tax paid under reverse . by this way your money will not be blocked. the said method is within law as the provision states that credit can be taken in the same month. – Reply By Vishal mandaviya – The Reply = Dear Sir,Thanks for your kind reply.I have ITC of ₹ 8lakhs right now. Now how can I claim it back? – Reply By gstwithtmi tmi – The Reply = The tax you are paying as reverse charge for purchase from unregistered dealer can be availed as
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