Goods and Services Tax

GST – States – G.O.Ms.No. 20 – Dated:- 22-1-2018 – GOVERNMENT OF TELANGANA Revenue (CT-II) Department G.O.Ms.No. 20 Dated: 22-01-2018 NOTIFICATION In exercise of the powers conferred by Section 164 of the Telangana Goods and Services Tax Act, 2017 (Act No.23 of 2017), the State Government hereby makes the following Rules further to amend the Telangana Goods and Services Tax Rules, 2017, namely:- (1) These Rules may be called the Telangana Goods and Services Tax (Eighth Amendment) Rules, 2017. (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 Telangana Goods and Services Tax Rules, 2017,- (i) with effect from 29th day of December, 2017 in Rule 17, after sub-rule (1), the following sub-rule shall be inserted, namely:- (1A) The Unique Identity Number granted under sub-rule (1) to a person under clause (a) of sub-section (9) of section 25 shall be applicable to the territory of India. ; (ii) with e

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und Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) x Net ITC ÷Adjusted Total Turnover Where, – (A) "Refund amount" means the maximum refund that is admissible; (B) "Net ITC" means input tax credit availed on inputs and input services during the relevant period other than the input tax credit availed for which refund is claimed under sub-rules (4A) or (4B) or both; (C) "Turnover of zero-rated supply of goods" means the value of zero-rated supply of goods made during the relevant period without payment of tax under bond or letter of undertaking, other than the turnover of supplies in respect of which refund is claimed under sub-rules (4A) or (4B) or both; (D) "Turnover of zero-rated supply of services" means the value of zero-rated supply of services made without payment of tax under bond or letter of undertaking, calculated in the following manner, namely:- Zero-rated supply of services is the

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er, 2017, refund of input tax credit, availed in respect of other inputs or input services used in making zero-rated supply of goods or services or both, shall be granted. (4B) In the case of supplies received on which the supplier has availed the benefit of notification No. 40/2017-State Tax (Rate) issued vide G.O.Ms No. 253, Revenue (CT-II) Department, Dt. 23rd November, 2017 or notification No. 41/2017-Integrated Tax (Rate) dated 23rd October, 2017, or both, refund of input tax credit, availed in respect of inputs received under the said notifications for export of goods and the input tax credit availed in respect of other inputs or input services to the extent used in making such export of goods, shall be granted. ; (iv) with effect from 29th day of December, 2017, in Rule 95 – (a) for sub-rule (1), the following sub-rule shall be substituted, namely:- (1) Any person eligible to claim refund of tax paid by him on his inward supplies as per notification issued under section 55 shall

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ued vide G.O.Ms No. 253, Revenue (CT-II) Department, Dt. 23rd November, 2017 or notification No. 41/2017-Integrated Tax (Rate) dated 23rd October, 2017. ; (vi) for FORM GST REG-10, with effect from 29th day of December, 2017, the following form shall be substituted, namely:- Form GST REG-10 [See rule 14(1)] Application for registration of person supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person. Part -A (i) Legal name of the person (ii) Tax identification number or unique number on the basis of which the entity is identified by the Government of that country (iii) Name of the Authorised Signatory (iv) Email Address of the Authorised Signatory (v) Name of the representative appointed in India, if any (a) Permanent Account Number of the representative in India (b) Email Address of the representative in India (c) Mobile Number of the representative in India (+91) Note- Relevant informatio

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of my knowledge and belief and nothing has been concealed therefrom. I, _ …………………………. hereby declare that I am authorised to sign on behalf of the Registrant. I would charge and collect tax liable from the non-assesse online recipient located in taxable territory and deposit the same with Government of India. Place: Date: Signature Name of Authorised Signatory: Designation: Note: Applicant will require to upload declaration (as per under mentioned format) along with scanned copy of the passport and photograph. List of documents to be uploaded as evidence are as follows:- 1. Proof of Place of Business of representative in India, if any: (a) For own premises – Any document in support of the ownership of the premises like Latest Property Tax Receipt or Municipal Khata copy or copy of Electricity Bill. (b) For Rented or Leased premises – A copy of the valid Rent / Lease Agreement with any document in support of the owne

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siness Concern – containing the Account No., Name of the Account Holder, MICR and IFSC and Branch details. 4. Scanned copy of documents regarding appointment as representative in India, if applicable 5. Authorisation Form:- For Authorised Signatory mentioned in the application form, Authorisation or copy of Resolution of the Managing Committee or Board of Directors to be filed in the following format: Declaration for Authorised Signatory (Separate for each signatory) I (Managing Director/Whole Time Director/CEO or Power of Attorney holder) hereby solemnly affirm and declare that <> to act as an authorised signatory for the business << Name of the Business>> for which application for registration is being filed/ is registered under the Gujarat Goods and Service Tax Act, 2017. All his actions in relation to this business will be binding on me/ us. Signatures of the persons who is in charge. S. No. Full Name Designation/Status Signature 1. Acceptance as an authorised sig

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hall submit the application electronically shall be substituted with the words, Every person required to obtain a unique identity number shall submit the application electronically or otherwise. ; (viii) with effect from 29th day of December, 2017, for FORM GSTR-11, the following form shall be substituted, namely:- Form GSTR -11 [See rule 82] Statement of inward supplies by persons having Unique Identification Number (UIN) Year Tax Period 1. UIN 2. Name of the having UIN person Auto populated 3. Details of inward supplies received (Amount in Rs. for all Tables) GSTIN of supplier Invoice/Debit Note/Credit Note details Rate Taxable value Amount of tax Place of Supply No Date Value Integrated tax Central Tax State/UT Tax CESS 1 2 3 4 5 6 7 8 9 10 11 3A. Invoices received 3B. Debit/Credit Note received 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 therefrom.

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. Name of the Account Holder/Operator e. Address of Bank Branch f. IFSC g. MICR 8. Verification I _______ as an authorised representative of << Name of Embassy/international organization >> 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 therefrom. That we are eligible to claim such refund as specified agency of UNO/Multilateral Financial Institution and Organization, Consulate or Embassy of foreign countries/ any other person/ class of persons specified/ notified by the Government. Date: Signature of Authorised Signatory: Place: Name: Designation / Status Instructions 1. Application for refund shall be filed on quarterly basis. 2. Table No. 6 will be auto-populated from details furnished in table 3 of GSTR-11. 3. There will be facility to edit the refund amount as per eligibility. 4. Requisite certificate issued by MEA granting the facility of refund shall b

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GST – States – G.O.Ms.No. 18 – Dated:- 22-1-2018 – GOVERNMENT OF TELANGANA Revenue (CT-II) Department G.O.Ms.No. 18 Dated: 22-01-2018 NOTIFICATION In exercise of the powers conferred by section 164 of the Telangana Goods and Services Tax Act, 2017 (Act N0.23 of 2017), the State Government hereby makes the following Rules further to amend the Telangana Goods and Services Tax Rules, 2017, namely:- (1) These Rules may be called the Telangana Goods and Services Tax (Seventh Amendment) Rules, 2017. (2) They shall deemed to have come into force with effect from 21st day of December, 2017. 2. In the Telangana Goods and Services Tax Rules, 2017,- (i) in FORM GSTR-1, for Table – 6, the following shall be substituted, namely:- 6. Zero rated supplies and Deemed Exports GSTIN of recipient Invoice details Shipping bill/ Bill of export Integrated Tax Central Tax State /UT Tax Cess No. Date Value No. Date Rate Taxable value Amount Rate Taxable value Amount Rate Taxable value Amount 1 2 3 4 5 6 7 8 9

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Type: On account of deemed exports (Amount in Rs) Serial Number Details of invoices of outward supplies in case refund is claimed by supplier/Details of invoices of inward supplies in case refund is claimed by recipient Tax paid No. Date Taxable Value Integrated Tax Central Tax State /Union Territory Tax Cess 1 2 3 4 5 6 7 8 ; (d) for the DECLARATION [rule 89(2)(g)], the following shall be substituted, namely:- DECLARATION [rule 89(2)(g)] (For recipient/supplier of deemed export) In case refund claimed by recipient I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies. In case refund claimed by supplier I hereby declare that the refund has been claimed only for thos

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le 89(2)(g)] (For recipient/supplier of deemed export) In case refund claimed by recipient I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies. In case refund claimed by supplier I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the recipient shall not claim any refund with respect of the said supplies and also, the recipient has not availed any input tax credit on such supplies. Signature Name – Designation / Status UNDERTAKING I hereby undertake to pay back to the Government the amount of refund sanctioned along with interest in case it is fou

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Goods and Services Tax – Started By: – RAMAKRISHNA M – Dated:- 20-1-2018 Last Replied Date:- 21-10-2018 – Evening All,I need to under whether GST will attract for Foreign Inward Remittance Certificate because if we get Sales commission for Imported Products in India, Banks will issue FIRC.While raising Invoice to Foreign customers we cannot add GST in that invoice.Please clarify.regards,Ramakrishna M – Reply By KASTURI SETHI – The Reply = GST is applicable. – Reply By Kishan Barai – The Reply = A Foreign Inward Remittance Certificate (FIRC) is a document that acts as a testimonial for all inward remittances and payments received in India from abroad. So I would like to elaborate your query because FIRC would be generated if you export good

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he commission earned. The same cannot be passed on to your foreign customer since you are the service provider and you are liable to pay the gst and your foreign customer is in no way concerned with that. – Reply By KASTURI SETHI – The Reply = In addition to above, it is further opined that mere receipt of foreign exchange does not qualify for export. – Reply By RAMAKRISHNA M – The Reply = Dear All,Thanks for your opinions. Once again brief this Business Flow for complete clarity and request your suggestions for the same.We are Commission Agents for Italian Machinery suppliers. Once Machinery is Purchased by the Indian Industrialists, we will be getting sales commission from Italian Companies. In the above Business Flow, we are raising Invo

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Goods and Services Tax – Started By: – arun aggarwal – Dated:- 20-1-2018 Last Replied Date:- 8-2-2018 – Sir There are no chapter notes in GST tariff as were in the Excise tariff. There were many items in the excise tariff which were specifically by virtue of the chapter notes were taxed and classified in different chapters. One of the example is the watch chains of precious metal which was specifically changed by the virtue of the chapter note from the chapter tariff 9113 to 7113 in excise. Now under GST regime what should be the right HSN code for the watch chains of the precious metal as per logic it should be taxed under 9113 but as per the custom tariff it is still falls under 7113 by the virtue of the chapter note? In future in the ca

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e correctly classifiable under heading No. 7113 . This is my opinion. If you feel the rate of tax is on higher side, make a representation GST Council for reduction of the same. – Reply By KASTURI SETHI – The Reply = Classification is always linked with the function and end use of any product. Keeping in view the purpose, it should fall under Chapter 91 but as suggested by Sh.Ranganathan Sir, you should make representation to the Chairman, GST Council. It is the better option. GST Council takes up such issues. – Reply By arun aggarwal – The Reply = Thanks Mr RAJAGOPALAN RANGANATHAN Ji – Reply By KASTURI SETHI – The Reply = Yes. Sh.Ranganathan Sir deserves kudos. It is his mind's product. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = I

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Goods and Services Tax – Started By: – Ramakrishnan Seshadri – Dated:- 20-1-2018 Last Replied Date:- 22-1-2018 – Dear Sir/Experts.We kindly request you to reply our question.Our Customer wants us to supply some parts under FOC or Free of supply. What is the procedure under gst.Whether we have to charge GST in our invoice or what to do.Please advise.Thanks & Regards,S.Ramakrishnan – Reply By KASTURI SETHI – The Reply = From your query, it appears that free supply is in the course or furtherance of business. Hence It is taxable. Moreover, free supply always creates doubt in the eyes of the department. To be safer pay tax. Also read Section 25. There is provision for free gift up to ₹ 50,000/- with out GST but in your case it is not

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. Nobody gives free goods to anyone. – Reply By Rajagopalan Ranganathan – The Reply = Sir, According to Schedule I of CGST Act, 2017 following ACTIVITIES ARE TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION: – 1. Permanent transfer or disposal of business assets where input tax credit has been availed on such assets. 2. Supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in the course or furtherance of business: Provided that gifts not exceeding fifty thousand rupees in value in a financial year by an employer to an employee shall not be treated as supply of goods or services or both. 3. Supply of goods- (a) by a principal to his agent where the agent undert

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Goods and Services Tax – Started By: – ROHIT GOEL – Dated:- 20-1-2018 Last Replied Date:- 23-1-2018 – GOODS SOLD FROM HARYANA REGD DEALER TO PUNJAB TRADER UNREGISTERED. WHETHER CGST, SGST WILL BE CHARGED OR IGST? AND UNDER WHICH SECTION – Reply By KASTURI SETHI – The Reply = IGST will be charged .Now whether buyer is registered or unregistered, it makes no impact upon seller/supplier. if receiver is registered he will take ITC, if unregistered he cannot take ITC. – Reply By MARIAPPAN GOVINDARAJ

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Goods and Services Tax – GST – Dated:- 20-1-2018 – MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 19th January, 2018/Pausha 29, 1939 (Saka) The following Act of Parliament received the assent of the President on the 19th January, 2018, and is hereby published for general information:- THE GOODS AND SERVICES TAX (COMPENSATION TO STATES) AMENDMENT ACT, 2017 NO. 9 OF 2018 [19th January, 2018.] An Act to amend the Goods and Services Tax (Compensation to States) Act, 2017. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:- 1. Short title and commencement. (1) This Act may be called the Goods and Services Tax (Compensation to States) Amendment Act, 2017. (2) It shall be deemed to have

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Goods and Services Tax – Started By: – Bose Kumar – Dated:- 20-1-2018 Last Replied Date:- 22-1-2018 – Dear Experts,I have a query regarding creation of e-waybill. For example we have raised one invoice and the cargo loaded into 3 trucks. In this case, I have to create the e-waybill invoice wise or truck wise. What is the procedure as per e-waybill. Can you please help on this. Thanks in advance. – Reply By THYAGARAJAN KALYANASUNDARAM – The Reply = Dear sir,Where the goods are being transported in a semi knocked down or completely knocked down condition the EWB shall be generated for each of such vehicles based on the delivery challans issued for that portion of the consignment and; The supplier shall issue the complete invoice before dispa

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Goods and Services Tax – GST – By: – Pragya Singh – Dated:- 20-1-2018 Last Replied Date:- 20-4-2018 – Introduction: The 25th GST council held on 18th January 2018 has finally resolved one of the jigsaw puzzles that have been mystifying the health care sector since 1st July 2017. GST had brought a paradigm shift in the indirect tax however some of the concepts like bundled services under the erstwhile service tax regime had been brought forward under a more broad term as composite supply . This term composite supply in GST also included the supply of goods unlike the pre GST regime. Health Care services provided by hospitals were exempt supplies however other supplies (if provided separately) like sale of medicaments; food, rental etc were subject to GST. What was that concerning the health sector? The provision of health care services was exempt under entry 74 of the Notification 12/2017 – Central Tax (Rate). The entry has been reiterated below: Services by way of – (a) health care se

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bed charges, operation theatre rent, equipment charges, Doctor fees, pharmacy consumed. This type of supplies involved provision of both goods and services and one may have to look into the provisions of Section 8 of the CGST Act. Section 8 of the CGST Act provides the taxability of composite and mixed supply as under: Particulars Taxation Composite Supply Treated as a supply of principal supply and rate of GST will the rate at which the principal supply is taxed Mixed Supply Treated as a supply of that particular supply which attracts the highest rate of tax. As per Section 2(30) a composite supply means a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply. Now, if the surgical services were to fall under composite supply, then as the principal sup

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18.01.2018 that all the supplies of goods or services to the patients shall be regarded as heath care services, hence giving a major relief. The text of the press release is reproduced below: To clarify that,- 1) Services provided by senior doctors/consultants/technicians hired by the hospitals, whether employees or not, are healthcare services which is exempt. 2) Hospitals also provide healthcare services. The entire amount charged by them from the patients including the retention money and the fee/payments made to the doctors etc., is towards the healthcare services provided by the hospitals to the patients and is exempt. 3) Food supplied to the in-patients as advised by the doctor/nutritionists is a part of composite supply of healthcare and not separately taxable. Other supplies of food by a hospital to patients (not admitted) or their attendants or visitors are taxable. – Reply By PradeepKumar Kaura – The Reply = The author of article has not meticulously gone through the provisi

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25th MEETING OF GST COUNCIL – RECOMMENDATIONS IN CHANGE IN RATE OF TAX, AND EXEMPTION – Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 20-1-2018 – 25th Council Meeting The 25th GST Council meeting was held at New Delhi on 18.01.2018. The said meeting was chaired by Shri Arun Jetley, the Hon ble Finance Minister. The decisions relating to- exemptions; changes in GST rates; ITC eligibility criteria; Rationalization of rates; were taken by the Council in the said meeting. However the said decisions will be given effect to through Gazette Notifications/circulars which shall have the force of law. Reduction in GST rate for certain goods The GST Council recommended the rate reduction as detailed below- From 28% to 18%; From 28% to 12%; From 18% to 12%; From 18% to 5%; From 12% to 5%; From 12% to 5%; From 3% to 0.25%; NIL rate From 28% to 18% The Council recommended the reduction of GST rate from 28% to 18% to the following goods- Old and used motor vehicles (medium and la

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viride Trichoderma harzianum Pseudomonas fluoresens Beauveriabassiana NPV of Helicoverpaarmigera NPV of Spodopteralitura Neem based pesticides Cymbopogan Bamboo wood building joinery Drip irrigation system including laterals, sprinklers Mechanical sprayer From 18% to 5% The GST Council recommended the reduction of GST rate from 18% to 5% to the following goods- Tamarind Kernel Powder Mehendi paste in cones LPG supplied for supply to household domestic consumers by private LPG distributors Scientific and technical instruments, apparatus, equipment, accessories, parts, components, spares, tools, mock ups and modules, raw material and consumables required for launch vehicles and satellites and payloads. The GST Council recommended the reduction of IGST rate from 18% to 5% to the following goods- Satellites and payloads and scientific and technical instruments, apparatus, equipment, accessories, parts, components, spares, tools, mock ups and modules, raw material and consumables required f

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ted with all fitments, furniture and accessories necessary for an ambulance from the factory manufacturing such vehicles. 10 – 13 seater ambulances, subject to specified conditions; Old and used motor vehicles (medium and large cars and SUVs) on the margin of the supplier, subject to the condition that no input tax credit of Central Excise duty/VAT or GST paid on such vehicles has been availed of by him; All types of old and used motors (other than medium and large cars and SUVs) on the margin of the supplier of subject to the conditions that no input tax credit of central excise duty/VAT or GST paid on such vehicles has been availed by him. Exemption from GST/IGST for certain services The GST Council recommended exemption from GST for the following services- Viability Gap Funding for a period of 3 years from the date of commencement of RCS airport from the present period of one year; Supply of services by way of providing information under RTI Act, 2005; Legal services provided to Gov

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f the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. Enhance exemption limit of ₹ 5,000/- per month to ₹ 7500/- per month in respect of services provided by Resident Welfare Association (unincorporated or nonprofit entity) to its members against their individual contribution. Dollar denominated services provided by financial intermediaries located in IFSC SEZ, which have been deemed to be outside India to a person outside India. Services by government or local authority to governmental or governmental entity, by way of lease of land and supply of land or undivided share of land by way of lease or sub lease where such supply is a part of specified composite supply of construction of flats etc., and to carry out suitable amendment in the provision relating to valuation of construction service involving transfer of land or undivided share of land, so as to ensure that buyers pay the same effective rate of GST on property built on leasehold and freeho

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ucational institution providing education up to higher secondary or equivalent. Services provided by an to FederationInternationale de Football Association and its subsidiaries directly or indirectly related to any of the events under FIFA U – 20 World Cup in case the said extent is hosted by India. Government s share of profit petroleum from GST and to clarify that cost petroleum is not taxable per se. Change in rate for services Reduction in rate From 28% to 18% Admission to theme parks, water parks, joy rides, merry-go-rounds, go-caring and ballet. From 18% to 12%- GST rate on construction of metro and monorail projects (construction, erection, commissioning or installation of original works); Works contract services provided by sub contractor to the main contractor providing works contract service to Central Government, State Government, Union territory, a local authority, a Governmental Authority or a Government Entity, which attract GST of 12% From 18% to 5% Tailoring service; Tr

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Goods and Services Tax – GST – By: – Bimal jain – Dated:- 20-1-2018 – Dear Professional colleague, Key outcomes of 25th GST Council meeting – Rejigs rates on 82 items& gears up for simple return filing The all-powerful GST Council meeting headed by the Hon ble Finance Minister, Mr. Arun Jaitley held for the 25th time with an agenda to review the rates on basis of representation made by the Industries & Traders, take up issues pertaining to simplification of returns filing under GST & take corrective measures to restore falling revenue collection in GST. With the conclusion of the 25th GST Council meet on January 18, 2018, the gist of the key takeaways from the meeting are as under: Policy Changes Late fee payable by any registered person for failure to furnish following returns has been reduced to ₹ 50/- per day [and ₹ 20/- per day in case of Nil return] from ₹ 200/- per day: Form GSTR-1 (Containing outward supply details) Form GSTR-5 (to be filed by Non-

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h state separately but not later than June 01, 2018. The report and recommendations submitted by the Committee on Handicrafts were also accepted by the GST Council. Recommendation for GST Rate changes on SERVICES: Healthcare Clarification has been made w.r.t. supplies made by hospitals, as under: Services provided by senior doctors/consultants/technicians hired by the hospitals, whether employees or not, are healthcare services which is exempt. The entire amount charged by hospital from the patients including the retention money and the fee/payments made to the doctors etc., towards the healthcare services provided by the hospitals to the patients are exempt from leviability of GST. Food supplied to the in-patients as advised by the doctor/nutritionists is a part of composite supply of healthcare and not separately taxable. Other supplies of food by a hospital to patients (not admitted) or their attendants or visitors are taxable. Educational Institutions Clarification has been made w.

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overnment or local authority to an un-registered person shall continue to be taxed under forward charge To clarify that leasing or rental service, with or without operator, of goods, attracts same GST as supply of like goods involving transfer of title in the said goods. Therefore, the GST rate for the rental services of self-Propelled Access Equipment (Boom. Scissors/Tele-handlers) is 28%. Tour operator service To allow ITC of input services in the same line of business at the GST rate of 5% in case of tour operator service Services provided to Government To amend entry 3 of Notification No. 12/2017-Central Tax (Rate) dated June 28, 2017, so as to exempt pure services provided to Govt. entity. (in relation to function entrusted to Panchayat or Municipality) To expand pure services exemption under S. No. 3 of Notification No. 12/2017-Central Tax (Rate) dated June 28, 2017, so as to include composite supply involving predominantly supply of services i.e. upto 25% of supply of goods. To

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share of land, so as to ensure that buyers pay the same effective rate of GST on property built on leasehold and freehold land. To defer the liability to pay GST in case of TDR against consideration in the form of construction service and on construction service against consideration in the form of TDR to the time when the possession or right in the property is transferred to the land owner by entering into a conveyance deed or similar instrument (eg. allotment letter). No deferment in point of taxation in respect of cash component. To reduce GST rate (from 18% to 12%) on the Works Contract Services (WCS) provided by sub-contractor to the main contractor providing WCS to Central Government, State Government, Union territory, a local authority, a Governmental Authority or a Government Entity, which attract GST of 12%. Likewise, WCS attracting 5% GST, their sub-contractor would also be liable @ 5%. To reduce GST rate on construction of metro and monorail projects (construction, erection

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usekeeping service providers, notified under section 9 (5) of GST Act, who provide housekeeping service through ECO, @ 5% without ITC. To reduce GST rate on tailoring service from 18% to 5%. Entertainment, Events and Amusements To reduce GST rate on services by way of admission to theme parks, water parks, joy rides, merry-go-rounds, go-carting and ballet, from 28% to 18%. To increase threshold limit for exemption under entry No. 80 of Notification No. 12/2017-C.T. (Rate) for all the theatrical performances like Music, Dance, Drama, Orchestra, Folk or Classical Arts and all other such activities in any Indian language in theatre GST from ₹ 250 to 500 per person and to also extend the threshold exemption to services by way of admission to a planetarium. To clarify that elephant/ camel joy rides are not classified as transportation services and attract GST @ 18% with threshold exemption to small services providers. To exempt services provided by and to Fédération Inte

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₹ 2 lakh against Sl. No. 36 of exemption notification No. 12/2017-C.T. (Rate) which exempts services of life insurance business provided under life micro insurance product approved by IRDAI upto maximum amount of cover of ₹ 50,000 To exempt reinsurance services in respect of insurance schemes exempted under S. Nos. 35 and 36 of notification No. 12/2017-CT (Rate). To define insurance agent in the reverse charge notification to have the same meaning as assigned to it in clause (10) of section 2 of the Insurance Act, 1938, so that corporate agents get excluded from reverse charge. To exempt services provided by the Naval Insurance Group Fund by way of Life Insurance to personnel of Coast Guard under the Group Insurance Scheme of the Central Government retrospectively w.e.f. 1.7.2017. Petroleum products To exempt government s share of profit petroleum from GST and to clarify that cost petroleum is not taxable per se. To reduce GST to 12% in respect of mining or exploration serv

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ction 15 of GST Act that the value of lottery shall be 100/112 or 100/128 of the price of lottery ticket notified in the Gazette To add, in the GST rate schedule for goods at 28%, actionable claim in the form of chance to win in betting and gambling including horse racing. To insert in GST rules under section 15 of GST Act,- Notwithstanding anything contained in this chapter, value of supply of Betting & Gambling shall be 100 % of the face value of the bet or the amount paid into the totalizator. Other Services To clarify that exemption of ₹ 1000/- per day or equivalent (declared tariff) is available in respect of accommodation service in hostels. To extend GST exemption on Viability Gap Funding (VGF) for a period of 3 years from the date of commencement of RCS airport from the present period of one year. To tax time charter services at GST rate of 5%, that is at the same rate as applicable to voyage charter or bare boat charter, with the same conditions. To exempt supply of

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e GST Council has recommended revising or clarifying the applicability of GST rates on 29 products. Few major recommendations are as under: List of goods on which GST rate recommended to be reduced: Chapter/Heading/Sub-heading/Tariff item Existing rate (%) Recommended Rate (%) Condition 87- old and used motor vehicle (Medium and large cars and SUVs) on the margin of the supplier 28 18 No ITC of ED/ VAT/ GST paid on such vehicle has been availed 8702 – Buses for use in public transport which exclusively run on bio-fuels – 87- old and used motor vehicle (other than Medium and large cars and SUVs) on the margin of the supplier 28 12 No ITC of ED/ VAT/ GST paid on such vehicle has been availed 1704- Sugar boiled confectionary 18 12 – 2201- Drinking water packed in 20 litters bottles 2809- Fertilizer grade Phosphoric acid 29 or 38- Bio-diesel 38- Specified bio-pesticides 4418- Bamboo wood building joinery 8424- Drip irrigation System 8424- Mechanical sprayer 13- Tamarind Kernel Powder 18 5

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tor vehicles [falling under heading 8702, as it was in excise regime] cleared as ambulances, duly fitted with all fitments, furniture and accessories necessary for an ambulance from the factory manufacturing such vehicles.10-13 seater buses and ambulances, subject to specified conditions. 15% Nil 87 Old and used motor vehicles [medium and large cars and SUVs], on the margin of the supplier, subject to the condition that no input tax credit of central excise duty/value added tax or GST paid on such vehicles has been availed by him. Applicable rate Nil 87 All types of old and used motors vehicles [other than medium and large cars and SUVs] on the margin of the supplier of subject to the conditions that no input tax credit of central excise duty /value added tax or GST paid on such vehicles has been availed by him. Applicable rate Nil Apparently, the GST Council in its 25th meeting has made significant revamp of GST framework. This meeting of the GST Council was particularly crucial as th

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GST – States – FTX.56/2017/Pt-III/044 – Dated:- 20-1-2018 – GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR FINANCE (TAXATION) DEPARTMENT NOTIFICATION The 20th January, 2018 No.FTX.56/2017/Pt-III/44.- In exercise of the powers conferred by section 164 of the Assam Goods and Services Tax Act, 2017 (Assam Act No. XXVIII of 2017), the Governor of Assam is hereby pleased further to amend the Assam Goods and Services Tax Rules, 2017, namely:- Short title and commencement. (1) These rules may be called the Assam Goods and Services Tax (Thirteenth Amendment) Rules, 2017. (2) They shall come into force with effect from the 21st day of December, 2017. Amendment in FORM GSTR-1 2. In the principal rules, in FORM GSTR-1, for Table – 6, the following shall be substituted, namely:- 6. Zero rated supplies and Deemed Exports GSTTN of recipient Invoice details Shipping bill/ Bill of export Integrated Tax Central Tax State/UT Tax Cess No. Date Value No. Date Rate Taxable value Amt. Rate Taxable value Amt Ra

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inserted, namely:- Statement 5B [rule 89(2)(g)] Refund Type: On account of deemed exports (Amount in Rs) Sl. No. Details of invoices of outward supplies in case refund is claimed by supplier/ Details of invoices of inward supplies in case refund is claimed by recipient Tax paid No. Date Taxable Value Integrated Tax Central Tax State /Union Territory Tax Cess 1 2 3 4 5 6 7 8 ; (d) for the DECLARATION [rule 89(2)(g)], the following shall be substituted, namely:- DECLARATION [rule 89(2)(g)] (For recipient/supplier of deemed export) In case refund claimed by recipient __ I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies. In case refund claimed by supplier __ I hereb

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tituted; (b) after the DECLARATION [rule 89(2)(f)], the following shall be inserted, namely:- DECLARATION [rule 89(2)(g)] (For recipient/supplier of deemed export) In case refund claimed by recipient __ I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies. In case refund claimed by supplier __ I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the recipient shall not claim any refund with respect of the said supplies and also, the recipient has not availed any input tax credit on such supplies. Signature Name – Designation / Status UNDERTAKING I h

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GST – States – CGST/01/2018 (03)-02/2018-State Tax – Dated:- 20-1-2018 – Commissioner of State Tax Chhattisgarh, Raipur Notification No. 02/2018 State Tax Raipur Dated, 20th January 2018 No./CGST/01/2018 (03) – In exercise of the powers conferred by section 168 of the Chhattisgarh Goods and Services Tax Act, 2017 (7 of 2017) read with sub-rule (5) of rule 61 of the Chhattisgarh Goods and Services Tax Rules, 2017, on the recommendations of the Council, the following amendment is made in the noti

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GST – States – 1-A/2018 – Dated:- 20-1-2018 – DEPARTMENT OF COMMERCIAL TAXES OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES (KARNATAKA), VANIJYA THERIGE KARYALAYA, GANDHINAGAR, BENGALURU, NOTIFICATION (1-A / 2018) NO. KGST.CR.01/17-18 DATED: 20.01.2018. In exercise of the powers conferred by section 168 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) read with sub-rule (5) of rule 61 of the Karnataka Goods and Services Tax Rules, 2017, on the recommendations of the

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Goods and Services Tax – 02/2018 – Dated:- 20-1-2018 – Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs Notification No. 02/2018 – Central Tax New Delhi, the 20th January, 2018 G.S.R. 47 (E).- In exercise of the powers conferred by section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) read with sub-rule (5) of rule 61 of the Central Goods and Services Tax Rules, 2017, the Central Government, on the recommendations of the Counci

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Goods and Services Tax – Started By: – HIMANSHU GAJJAR – Dated:- 19-1-2018 Last Replied Date:- 19-1-2018 – Hello sir,My firm (registered Pvt Ltd company in Gujarat) is an agent for foreign firm / company for providing marketing services in India as well as globe. We get paid as % commission on invoice value in form of convertible foreign currency. The seller is situated outside India and buyer may be in India or outside India. However, our % commission (on invoice value) always comes from selle

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Goods and Services Tax – Started By: – nandankumar roy – Dated:- 19-1-2018 Last Replied Date:- 25-1-2018 – Sir,Pl help regarding Procedure loan licensing and contract manufacturing(JOB WORK ) in pharma industry in GST Regime with gst credit and debit procudure also. Any help will be highly appreciated.With Regards,N K ROY9427181604 – Reply By KASTURI SETHI – The Reply = EXTRACT FROM FAQ DATED 31.7.17 Question 4 : How loan and licensee units carry out their operations in GST regime? Answer

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 19-1-2018 – Sale on approval Sale on Approval is a business arrangement wherein an individual or company who is interested in purchasing a specific item is allowed to use the item for a given length of time. At the end of that time, if the individual is satisfied with the item, they agree to purchase it. However, if the individual is unsatisfied for any reason, they are allowed to return the item and are not committed to purchasing it. Supply on approval basis The GST does provide for supply of goods or services or both. No sale is involved. Title as well as possession both has to be transferred for a transaction to be considered as a supply of goods. In case title is not t

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turned within six months from 01.07.2017 (i.e., 31.12.2017). The said period of six months may be extended by the Commissioner for a further period not exceeding two months on sufficient cause. The tax shall be payable by the person returning the goods if such goods are liable to tax under this Act and are returned after a period specified in this section. Likewise the tax shall be payable by the person who has sent the goods on approval basis are liable to pay tax under this Act and are not returned within a period specified in section 142(12). Issues in goods sent approval basis There are various issued involved in goods sent for approval basis. For example the suppliers of jewellery who registered in one State are to visit to other State

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ubject, the clarified the above issue for the purpose of uniformity in the implementation of the Act. The circular analyzed the provisions of Rule 55. Rule 55(1)(c) of Central Goods and Services Tax Rules, 2017 provides that the supplier shall issue a delivery challan for the initial transportation of goods where such transportation is for reasons other than by way of supply. Rule 55(3) provides that the said delivery challan shall be declared as specified in Rule 138. Rule 55(4) provides that where the goods being transported are for the purpose of supply to the recipient but the tax invoice could not be issued at the time of removal of goods for the purpose of supply, the supplier shall issue a tax invoice after delivery of goods. The Cir

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 19-1-2018 – Goods and Services Tax (GST), introduced from July 1, 2017 is over six months old now but has resulted in operational and implementation disruptions affecting all stakeholders. GST law, as drafted and legislated, is not free from the interpretational hassles. GST Council his however, making regular changes to fix the anomalies and hardships faced by taxpayers. We expect some legislative changes in the forthcoming Union Budget -2018, based on GST Council recommendations. Taxpayers have already started challenging various provisions of GST laws and rules framed there under with more than 75 writs being filed in different courts. High courts have taken a liberal stand so far in view of the fact that law is new and is yet evolving. However, CBEC may move to supreme court where the verdict is against the Government. Here are few more judicial pronouncements for information and guidance of various stakeholders. It

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t decided to cancel tender proceedings invited with effect from 1-7-2017 to 5-8-2017 in which assessee has participated, it was held that nothing was illegal or arbitrary in decision of State Government to cancel tender proceedings in view of change in tax environment on introduction of GST. It was further held that since tenderer is eligible for Input Tax Credit on GST paid on goods/services and there is nothing wrong in decision to exclude amount of GST in tender value for future tenders. In Kanwar Enterprises (P) Ltd. v. Assistant Commissioner (CT), Chennai 2017 (11) TMI 1565 – MADRAS HIGH COURT , where the excess tax paid was duly acknowledged in assessment orders and Form P notices issued stating that assessee was entitled for refund of specified amounts but no orders were passed by Assessing Officer despite direction from High Court and several representations by assessee, it was held that assessee shall be entitled for cash refund considering that there was likelihood of dealer

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202 (Kerala), where goods were detained and issue was of release old detained goods and jurisdiction of detaining authority, it was held that issue of mis-classification and under-valuation of goods has to be gone into by respective Assessing Officers and not by detaining officer. The specific power invoked under CGST/SGST is applicable only to intra state movement of goods. It was ordered that goods be released as further retention of goods were not permitted, but however, on execution of simple bond without sureties by the petitioners. In Devashish Polymers (P.) Ltd. v. Union of India ; (2018) 1 TMI 276 (Delhi), where the assessee being a non-commercial research institution claimed that it had a vested right in its favour for continuation of exemption from payment of both, customs and excise duty until validity of registration granted to its R&D centre till 31-3-2019, and since, the exemption from payment of excise duty stood rescinded, it was held that matter required elucidati

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Scheme of reimbursement of tax paid under the Assam GST Act,2017 by an eligible unit located in the state of Assam. – GST – States – FTX.113/2017/072 – Dated:- 19-1-2018 Notification – Circular

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Goods and Services Tax – GST – Dated:- 18-1-2018 – The Union Finance Minister Shri Arun Jaitley Chaired the 25th Meeting of the GST Council in New Delhi today. The following Policy Changes have been recommended by the GST Council in its 25th meeting held today: The late fee payable by any registered person for failure to furnish FORM GSTR-1 (supply details), FORM GSTR-5 (Non-resident taxable person) or FORM GSTR-5A (OIDAR) is being reduced to fifty rupees per day and shall be twenty rupees per day for NIL filers. The late fee payable for failure to furnish FORM GSTR-6 (Input Service Distributor) shall be fifty rupees per day. Taxable persons who have obtained voluntary registration will now be permitted to apply for cancellation of registr

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Goods and Services Tax – GST – Dated:- 18-1-2018 – The Union Finance Minister Shri Arun Jaitley Chaired the 25th Meeting of the GST Council in New Delhi today. The Council has recommended certain in GST/IGST rate and clarifications in respect of GST rate on Goods specified below as per discussions in the 25thGST Council Meeting held today. These decisions of the GST Council are being communicated for general information, and will be given effect to through Gazette notifications / circulars which only shall have the force of law. LIST OF GOODS ON WHICH GST RATE RECOMMENDED FOR REDUCTION FROM 28% TO 18%: S. No. Chapter/Heading/Sub-heading/Tariff item Description 1. 87 Old and used motor vehicles [medium and large cars and SUVs] on the margin of the supplier, subject to the condition that no input tax credit of central excise duty/value added tax or GST paid on such vehicles has been availed by him. 2. 8702 Buses, for use in public transport, which exclusively run on bio-fuels. LIST OF G

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armigera 10 NPV of Spodopteralitura 11 Neem based pesticides 12 Cymbopogan 6. 4418 Bamboo wood building joinery 7. 8424 Drip irrigation system including laterals, sprinklers 8. 8424 Mechanical Sprayer D. LIST OF GOODS ON WHICH GST RATE RECOMMENDED FOR REDUCTION FROM 18% TO 5%: S. No. Chapter/Heading/Sub-heading/Tariff item Description 1. 13 Tamarind Kernel Powder 2. 1404/3305 Mehendi paste in cones 3. 2711 LPG supplied for supply to household domestic consumers by private LPG distributors 4. 88 or any other chapter Scientific and technical instruments, apparatus, equipment, accessories, parts, components, spares, tools, mock ups and modules, raw material and consumables required for launch vehicles and satellites and payloads E. LIST OF GOODS ON WHICH GST RATE RECOMMENDED FOR REDUCTION FROM 12% TO 5%: S. No. Chapter/Heading/Sub-heading/Tariff item Description 1. 4601, 4602 Articles of straw, of esparto or of other plaiting materials; basketware and wickerwork F. LIST OF GOODS ON WHICH

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icles [falling under heading 8702, as it was in excise regime] cleared as ambulances, duly fitted with all fitments, furniture and accessories necessary for an ambulance from the factory manufacturing such vehicles.10-13 seater buses and ambulances, subject to specified conditions. 15% Nil 87 Old and used motor vehicles [medium and large cars and SUVs], on the margin of the supplier, subject to the condition that no input tax credit of central excise duty/value added tax or GST paid on such vehicles has been availed by him. Applicable rate Nil 87 All types of old and used motors vehicles [other than medium and large cars and SUVs] on the margin of the supplier of subject to the conditions that no input tax credit of central excise duty /value added tax or GST paid on such vehicles has been availed by him. Applicable rate Nil L. CHANGES IN IGST RATE RECOMMENDED ON CERTAIN GOODS: S. No Chapter/Heading/Sub-heading/Tariff item Description Present IGST Rate IGST Rate Recommended 88or any ot

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Goods and Services Tax – GST – Dated:- 18-1-2018 – The Union Finance Minister Shri Arun Jaitley Chaired the 25th Meeting of the GST Council in New Delhi today. The Council has recommended many relief measures regarding GST rates ongoods and services covering many sectors and commodities. The Council has also recommended issuance of certain clarifications on issues relating to GST rates and taxability of certain goods and services. Major recommendations of the Council are summarised below. Changes relating to GST rates on certain services (A) Exemptions / Changes in GST Rates / ITC Eligibility Criteria To extend GST exemption on Viability Gap Funding (VGF) for a period of 3 years from the date of commencement of RCS airport from the present period of one year. To exempt supply of services by way of providing information under RTI Act, 2005 from GST. To exempt legal services provided to Government, Local Authority, Governmental Authority and Government Entity. To reduce GST rate on cons

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by way of Life Insurance to personnel of Coast Guard under the Group Insurance Scheme of the Central Government retrospectively w.e.f. 1.7.2017. To exempt IGST payable under section 5(1) of the IGST Act, 2017 on supply of services covered by item 5(c) of Schedule II of the CGST Act, 2017 to the extent of aggregate of the duties and taxes leviable under section 3(7) of the Customs Tariff Act, 1975 read with sections 5 & 7 of IGST Act, 2017 on part of consideration declared under section 14(1) of the Customs Act, 1962 towards royalty and license fee includible in transaction value as specified under Rule 10 (c) of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. To allow ITC of input services in the same line of business at the GST rate of 5% in case of tour operator service. To reduce GST rate (from 18% to 12%) on the Works Contract Services (WCS) provided by sub-contractor to the main contractor providing WCS to Central Government, State Government, Un

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land by way of lease or sub lease where such supply is a part of specified composite supply of construction of flats etc. and to carry out suitable amendment in the provision relating to valuation of construction service involving transfer of land or undivided share of land, so as to ensure that buyers pay the same effective rate of GST on property built on leasehold and freehold land. To amend entry 3 of notification No. 12/2017-CT(R) so as to exempt pure services provided to Govt. entity. To expand pure services exemption under S. No. 3 of 12/2017-C.T. (Rate) so as to include composite supply involving predominantly supply of services i.e. upto 25% of supply of goods. To reduce job work services rate for manufacture of leather goods (Chapter 42) and footwear (Chapter 64) to 5%. To exempt services relating to admission to, or conduct of examination provided to all educational institutions, as defined in the notification. To exempt services by educational institution by way of conduct

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To reduce GST on Common Effluent Treatment Plants services of treatment of effluents, from 18% to 12%. To exempt services by way of fumigation in a warehouse of agricultural produce. To reduce GST to 12% in respect of mining or exploration services of petroleum crude and natural gas and for drilling services in respect of the said goods. To exempt subscription of online educational journals/periodicals by educational institutions who provide degree recognized by any law from GST. To exempt the service provided by way of renting of transport vehicles provided to a person providing services of transportation of students, faculty and staff to an educational institution providing education upto higher secondary or equivalent. To extend the concessional rate of GST on houses constructed/ acquired under the Credit Linked Subsidy Scheme for Economically Weaker Section (EWS) / Lower Income Group (LIG) / Middle Income Group-1 (MlG-1) / Middle Income Group-2 (MlG-2) under the Housing for All (Ur

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is hosted by India. To exempt government s share of profit petroleum from GST and to clarify that cost petroleum is not taxable per se. (B) Rationalization of certain exemption entries To provide in CGST rules that value of exempt supply under sub-section (2) of section 17, shall not include the value of deposits, loans or advances on which interest or discount is earned (This will not apply to a banking company and a financial institution including a non-banking financial company engaged in providing services by way of extending deposits, loans or advances). To defer the liability to pay GST in case of TDR against consideration in the form of construction service and on construction service against consideration in the form of TDR to the time when the possession or right in the property is transferred to the land owner by entering into a conveyance deed or similar instrument (eg. allotment letter). No deferment in point of taxation in respect of cash component. To tax renting of immo

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he bet or the amount paid into the totalizator. (C) Clarifications To clarify that exemption of ₹ 1000/- per day or equivalent (declared tariff) is available in respect of accommodation service in hostels. To clarify that fee paid by litigants in the Consumer Disputes Commissions and any penalty imposed by these Commissions, will not attract GST. To clarify that elephant/ camel joy rides are not classified as transportation services and attract GST @ 18% with threshold exemption to small services providers. To clarify that leasing or rental service, with or without operator, of goods, attracts same GST as supply of like goods involving transfer of title in the said goods. Therefore, the GST rate for the rental services of self-Propelled Access Equipment (Boom. Scissors/Telehandlers) is 28%. To clarify that,- 1) Services provided by senior doctors/consultants/technicians hired by the hospitals, whether employees or not, are healthcare services which is exempt. 2) Hospitals also pr

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Goods and Services Tax – GST Council discusses making return filing process simpler – TMI Updates – Highlights

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Goods and Services Tax – GST – Dated:- 18-1-2018 – New Delhi, Jan 18 (PTI) The all-powerful GST Council today veered around the idea of making the GST return filing process simpler to ease compliance burden for small businesses. The panel, headed by Finance Minister Arun Jaitley and comprising representatives of all states, at its 25th meeting today decided to reduce tax rate on 29 items and 54 categories of services with effect from January 25. Briefing reporters after the meeting, Jaitley said the next meeting of the Council may consider bringing items like crude oil, natural gas, petrol, diesel, ATF and real estate within the GST purview. In a bid to ease compliance burden, the Council veered around to the idea of registered entities co

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