Goods and Services Tax

Goods and Services Tax – Started By: – ROHIT GOEL – Dated:- 16-1-2018 Last Replied Date:- 17-1-2018 – We have procured services in the month of July on which GST has been paid but export bill has been raised in the month of August and no sale was made in the month of July. At the time of filing of refund application of ITC for the month of July, refund amount comes out to be zero because of the reason that there was no sale in July.Is there any solution to claim refund of such ITC amount ??? –

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Goods and Services Tax – Started By: – VASUDEVAN NAMBOOTHIRI – Dated:- 16-1-2018 Last Replied Date:- 19-7-2018 – Due to an oversight I had submitted GSTR 4 of Q3 as Nil. Can I ammend it ?. – Reply By KASTURI SETHI – The Reply = If it is 'submitted' only it can be amended by using 'Reset' option. If filed, it cannot be corrected. – Reply By Ganeshan Kalyani – The Reply = Filed return cannot be corrected. – Reply By CS SANJAY MALHOTRA – The Reply = Agree with all the experts views

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Goods and Services Tax – Started By: – RAJA SWAMINATHAN – Dated:- 16-1-2018 Last Replied Date:- 16-1-2018 – Is GST applicable on grants received for research and Devoleopment projects – Reply By RAJA SWAMINATHAN – The Reply = Grant in Aid received from Central Governement and State Governemnts are exempt. – Reply By KASTURI SETHI – The Reply = Pl. read Notification Nos.45/17-CT (Rate) & 47/17-IT Rate both dated 14.11.17 – Reply By Rajagopalan Ranganathan – The Reply = Sir,In case research g

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Goods and Services Tax – E-WAY BILL MANDATORY FROM 01.02.2018 – Goods and Services Tax – GST – TMI Updates – Highlights

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Goods and Services Tax – TAX DEDUCTION AT SOURCE UNDER GST – Goods and Services Tax – GST – TMI Updates – Highlights

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 16-1-2018 – Introduction Rule 138 of the Central Goods and Service Tax Rules, 2017 deals with the e-way bill which came into effect from 01.07.2017. But no rule has been framed at that time. Vide Notification No.27/2017-Central Tax, dated 30.08.2017, the Central Government framed rules for e-way bill. Rule 138 was substituted to the old rule and Rule 138A to 138D was inserted. Rule 138 provides for the information to be furnished prior to commencement of movement of goods and generation of e-way bill. Rule 138A provides for the documents and devices to be carried by a person-in-charge of a conveyance. Rule 138B provides for the procedure for verification of documents and conveyances. Rule 138C provides for inspection and verification of goods. Rule 138D provides for facility for uploading information regarding declaration of vehicle. For this purposes the following forms are prescribed= Form GST EWB – 01 – E-way Bill;

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tives The objectives for introduction of E-way bill are as follows- Single e-way bill for hassle-free movement of goods throughout the country; No need for separate transit pass in each State for movement of goods; Shift from departmental-policing model to self declaration model for movement of goods. Benefits The following are the benefits available- Taxpayers/transporters need not visit any tax officers/check posts for generation of e-way bill/movement of goods across States; No waiting time at check posts and faster movement of goods thereby optimum use of vehicles, resources since there are no check posts in GST regime; User friendly e-way bill system; Easy and quick generation of e-way bill; Checks and balances for smooth tax administration and process simplification for easier verification of e-way Bill by tax officials. Features of the E-way Bill portal The following are the features of E-way portal- User can create masters of his customers, suppliers and products for easy gener

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ered mobile number; Via API (Application Program Interface) i.e, integration of IT system of user with e-way bill system for generation of e-way bill; Tool based bulk generation of e-way bills; Third party based system of Suvihda Providers. E-way bill system in States The following are the stages for the roll out of E-way bills- The E-way bills will be rolled out on trial basis from 16.01.2018. The E-way bill rules will come into effect in India from 01.02.2018. The States can opt to follow e-way bill system at any time before 01.06.2018. From 01.06.2018 the e-way bill rules will uniformly apply to all States. The e-way bill system has already been in vogue in four States viz., Karnataka, Rajasthan, Uttarakhand, Sikkim and Kerala. These States together are generating nearly 1.4 lakh e-way bills per day. Uttarakhand issued notification for e-way bill which came into effect from 01.01.2018; Rajasthan issued notification for e-way bill which came into effect from 20.12.2017; Karnataka iss

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 16-1-2018 – Section 51 of the CGST Act is relevant in respect of tax deduction at source provisions under GST. Tax deducted at source as provided in section 51of the GST Act is a mechanism to track the transaction of supply of goods and/or services by making the recipient of such supply to deduct a small percentage of amount to be paid to the supplier of such goods and/or services and deposit the same with the government. The supplier of such cases takes into account the amount so deducted and makes the balance payment of tax to the government. When tax would be deducted at source As per section 51 of the GST Act, the tax at source is required to be made, where the total val

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recommendation of GST Council. Deposit of TDS The amount of tax deducted would be required to be deposited to the credit of appropriate Government(Central Government for CGST and IGST, State Government for SGST) account within a period of 10 days after the end of month in which such deduction was made. Credit of TDS The deductee (taxable person from whose payments tax has been deducted) will take the credit of TDS deducted from his payments on the basis of certificate to be issued by deductor. The deductee will claim the credit in his electronic cash ledger, the claim of which will be matched with the return of the deductor filed for the said period. TDS Certificate The certificate is required to be issued by deductor to deductee within 5 d

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Goods and Services Tax – Started By: – Manish Sulakshane – Dated:- 16-1-2018 Last Replied Date:- 16-1-2018 – Dear Sir,We are providing after sales services in India to an overseas companies against which we will received remuneration in GBP. Kindly advice whether this is liable to GST?. If yes what producer is to be adopted as the customer will not pay us the GST amount ? – Reply By KASTURI SETHI – The Reply = It is taxable, place of Supply is located in India. – Reply By Manish Sulakshane – Th

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Customs – PUBLIC NOTICE NO. 03/2018 – Dated:- 16-1-2018 – OFFICE OF THE COMMISSIONER, CUSTOMS (PREV.), JAMNAGAR SARDA HOUSE , OPP.PANCHAVATI SOCIETY, BEDI BUNDER ROAD, JAMNAGAR – 361008 F.No.VIII/48-09/Cus-T/2018 Date: 16.01.2018 PUBLIC NOTICE NO. 03/2018 Sub: Functions, to be performed by the Central Excise/GST officers, being transferred to the jurisdictional Custom Offices Attention of the Importers, Exporters, Port Trust, Customs Brokers, Shipping Lines/Shipping Agents and Containers Freight Stations (CFSs) of Jamnagar Customs (Preventive) Commissionerate and GST Commissionerates of Rajkot, Bhavnagar and area of Diu of CST Commissionerate Daman, is invited to the following Circulars issued by the Board regarding various customs functio

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on thereof. 5. 26/2017-Customs, dated 01.07.2017 Export procedure and sealing of containerized cargo 6. 36/2017-Customs, dated 28.08.2017 Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed vide circular 26/2017-Customs dated 1st July, 2017. 7. 37/2017-Customs, dated 20.09.2017 Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed vide circular 26/2017-Customs dated July, 2017 and 36/2017-Customs dated 28th August, 2017. 8. 41/2017-Customs, dated 30.10.2017 Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed vide circular 26/2017-Customs dated Ft July, 2017 and 36/2017-Customs dated 28.08.2017 and 37/

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(except Dasada Taluka), Rajkot, Porbandar, Devbhumi Dwarka, Jamnagar, Morbi, Amreli, Bhavnagar, Botad, Gir Somnath and Junagadh in the State of Gujarat and Diu of Union Territory of Daman & Diu, as per Board's Notification 82/2017-Cus (N.T.) dated 24th August, 2017 read with Notification No.86/2017-Cus (N.T.) dated 1 4th September, 2017, Notification No.99/2017- CUS(N.T.) dated 27th October, 2017, Notification No. 119/2017-Cus(N.T.) dated 28th December, 2017 and Notification No.03/2018-Cus(N.T.) dated 10th January, 2018, is taking over all such customs work as mentioned at Para 1 above and in terms of Public Notice No. 02/2018 dated 16.01.2018 issued by the Commissioner of Customs (Prev.) Jamnagar, which were being performed by the

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Customs – PUBLIC NOTICE No. 01/2018 – Dated:- 16-1-2018 – OFFICE OF COMMISSIONER OF CUSTOMS, NEW CUSTOM HOUSE, KANDLA-370 210 Phone No. 02860-271468/469, FAX NO. 02836-271467 F. No. S/20-72/PN/IGST Ref/AG/2017-18 Dated: 16/01/2018 PUBLIC NOTICE No. 01/2018 Subject: – reg. Attention of all Importers/ Exporters, Custom Brokers, Members of the Trade and all other concerned is invited regarding IGST refund helpdesk. 2. As per Rule 96 of the CGST Rules, Exporters who have paid IGST on the export consignment are being paid refund of the IGST once the consignment has been exported and the EGM(s) (local and gateway) is/ are filed without error and requisite returns are filed on GSTN portal. 3. However, on account of errors identified by the Custo

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y of the exporters could get their IGST refunds. 5. Taking a further step towards facilitation, it has been decided to form a Helpdesk which can be contacted for any clarification. The contact details of the Helpdesk are as under:- Address:- Office of the Commissioner of Customs New Customs House, Kandla – 370210 Phone No. 02836-271466 Team of the Officers:- Sr. No. Name of the Officer Designation Contact No. 1 Shri Pradeep Sharma Assistant Commissioner 9033025711 2 Shri A.L. Meena Superintendent 9649377792 3 Shri N.R. Meena Superintendent 9408452311 4 Shri Chandan Kumar Inspector 9601484676 5 Shri Praveen Kumar Inspector 8690832241 6 Shri Vikas Bagdi Inspector 9712456270 6. Difficulty faced, if any, may be brought to the notice of the unde

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GST – States – 03/2018-GST – Dated:- 16-1-2018 – Circular No. 03/2018-GST Commissioner of State Tax Chhattisgarh, Raipur 385 Raipur, Date: 16.01.2018 To, Additional Commissioners/ Joint Commissioners/ Deputy Commissioners/ Assistant Commissioners/ State Tax Officers State Tax, Chhattisgarh (All) …………………………………………. Subject: Filing of Returns under GST- regarding The GST Council, in its 23rd meeting held at Guwahati on 10th November 2017, has taken certain decisions in regard to filing of returns by taxpayers. Subsequently, various representations have been received seeking clarifications on various aspects of return filing such as return filing dates, applicability and quantum of late fee, amendment of errors in submitting / filing of FORM GSTR-3B and other related queries. In order to consolidate the information in various notifications and circulars regarding return filing a

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nancial year or current financial year of uptol.5 Crores rupees and above 1.5 Crores rupees respectively. Since, the option of quarterly filing was not available earlier, many taxpayers have already filed their FORM GSTR-1 for the month of July, such taxpayers shall not file these details again and shall only file details for the month of August and September, 2017. For those, who have not filed their FORM GSTR-1 for the month of July, they shall also file their FORM GSTR-1 for the month of July separately and then file their FORM GSTR-1 on quarterly basis for the month Of August and September, 2017. 1.3 It has been further decided that the time period of filing of FORM GSTR-2 and FORM GSTR-3 for the months of July 2017 to March 2018 would be worked out by a Committee of officers and communicated later. 1.4 Registered persons opting for Composition scheme are required to file their returns quarterly in FORM GSTR-4. The due date for filing of FORM GSTR-4 for the quarter ending September

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eriodicity for the entire financial year. In cases, where the registered person wrongly reports his aggregate turnover and opts to file FORM GSTR-1 on quarterly basis, he may be liable for punitive action under the Chhattisgarh Goods and Services Act, 2017. 2. Applicability and quantum of late fee: 2.1 The late fee for the months of July, August and September for late filing of FORM GSTR-3B has already been waived off vide Notification No. 28/2017-State Tax dated 6th September 2017 and 50/2017-State Tax dated 26th October 2017. 2.2 It has been decided that for subsequent months, i.e. October 2017 onwards, the amount of late fee payable, by a taxpayer whose tax liability for that month was 'NIL', will be ₹ 20/- per day (Rs. 10/- per day each under CGST & SGST Acts) instead of ₹ 200/- per day (Rs. 100/- per day each under CGST & SGST Acts). For other taxpayers, whose tax liability for that month was not 'NIL', late fee payable will bc ₹ 50/- per

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of the registered person. 3.2 Since, the GST Council has decided that the time period of filing of FORM GSTR-2 and FORM GSTR-3 for the month of July 2017 to March 2018 would be worked out by a committee of officers, the system based reconciliation prescribed under Circular No. 7/7/2017-GST dated 1st September 2017 can only be operationalized after the relevant notification is issued. The said circular is therefore kept in abeyance till such time. 3.3 The common errors while submitting FORM GSTR-3B and the steps needed to be taken to rectify the same are provided in the table annexed herewith. The registered person needs to decide at which stage of filing of FORM GSTR-3B he is currently at and also the error committed by him. The corresponding column in the table provides the steps to be followed by him to rectify such error. 4. It is clarified that as return in FORM GSTR-3B do not contain provisions for reporting of differential figures for past month(s), the said figures may be repor

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uld be taken to ensure the accuracy of the figures before proceeding to offset the liabilities. 6. It is further clarified that the information furnished by the registered person in the return in FORM GSTR-3B would be reconciled by the department's system with the information furnished in FORM GSTR-1 and discrepancies, if any, shall be dealt with in accordance with the relevant provisions of the CGGST Act, 2017 and rules made there under. Detailed instructions regarding reconciliation of information furnished in FORM GSTR-3B with that contained in FORM GSTR-2 and FORM GSTR-3 will be issued in due course of time. 7. Difficulty, if any, in implementation of the above instructions may please be brought to the notice of this office. (Sangeetha P.) Commissioner of State Tax Chhattisgarh, Raipur Stage of Return Filing (GSTR – 3B) Common Error- I Stage 1 Stage 2 Stage 3 Stage 4 Confirmed Submission Cash Ledger Updated Offset Liability Return Filed Return liabilities/Input tax credit avail

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not sure of how to proceed. What can they do? The company may use the edit return facility to add such liability in their submitted return and then proceed for filing of their return. Company A has four units in Haryana, while filing their return for the month of July, they inadvertently, missed on details of a last minute order. Since, they had already submitted and confirmed their output supply details, but were not sure of how to proceed. They added cash in the cash to the extent of their under reported liability. What can they do? The company may use the edit return facility to add such liability in their submitted return. Further, the company may generate a fresh challan under FORM GST PMT-06 to additional cash or utilize their credit and furnish their return. Company A has four units in Haryana, while filing their return for the month of July, they inadvertently, missed on details of a last minute order. The Company had filed their returns in order to not pay late fee and other p

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lity and cash ledger may be partially debited to offset such liability. Remaining balance may either be claimed as refund or used to offset future liabilities. Liability may be adjusted in return of subsequent month(s) or refund may be claimed where adjustment is not feasible. Liability was over reported Company B had reported an inter-State sale but realized that the same sale was counted twice and hence was not to be reported. But the return form was already submitted and no change could be done to the liabilities. What can company B do? In this case, Company B has the option to use the "edit" facility to reduce such liability and proceed to file their return. Company B had reported an inter-State sale but realized that the same sale was counted twice and hence was not to be reported or taxed. But the return form was already submitted and no change could be done to reduce the liabilities. Further, the company had already deposited cash in their cash ledger before realizing

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lectronic cash ledger as per the return liability. No action was taken after this step. All liabilities were offset by debiting the cash and credit ledger. No action was taken after this step. Return was filed. Use Edit facility to rectify wrongly reported liability Use Edit facility to rectify wrongly reported liability and cash ledger may be debited to offset new liability, where sufficient balances are not available in the credit ledger. Remaining balance, if any may be either claimed as refund or used to offset future liabilities. Unreported liability may be added in the next month s return with interest, if applicable. Also, adjustment may be made in return of subsequent month(s) or refund may be claimed where adjustment is not feasible. Liability was wrongly reported Company C is registered in the State of Haryana. While entering their outward supplies in FORM GSTR- 3B, the company realized that they had inadvertently, shown inter-State supply as intra-State supply and submitted

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y C was registered in the State of Haryana. While entering their outward supplies in FORM GSTR-3B, the company realized that they had inadvertently, shown inter-State supply as intra-State supply and submitted the return. The company paid their wrong liability and filed their return in order to avoid late fee and penalty? What can they do? Since, the return has already been filed, then the company will have to report the inter-State supply in their next month s liability and adjust their wrongly paid intra-State liability in the subsequent months returns or claim refund of the same. Change in FORM GSTR-1 Such taxpayers will have to file for amendments by filling Table 9 of the subsequent month s / quarter s FORM GSTR-1. Stage of Return Filing (GSTR – 3B) Common Error – IV Stage 1 Stage 2 Stage 3 Stage 4 Confirmed Submission Cash Ledger Updated Offset Liability Return Filed Return liabilities / Input tax credit availed were confirmed and submitted and therefore no change can be done to

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Electronic Credit ledger and may be utilized to offset liabilities for this month or for subsequent months. No Action required in cash ledger Company D, while filing their FORM GSTR -3B for the month of July, inadvertently, misreported Input tax credit of Rs. as ₹ 10,00, 000/-. They had filed their return and paid Rs. in cash. What can they do? Since, the return has already been filed, Company D may add such Input tax credit in their return for subsequent month(s). Change in FORM GSTR-1 No Action Common Error – V Stage 1 Stage 2 Stage 3 Stage 4 Confirmed Submission Cash Ledger Updated Offset Liability Return Filed Return liabilities / Input tax credit availed were confirmed and submitted and therefore no change can be done to the liability. No action was taken after this step. Cash was added to the electronic cash ledger as per the return liability. No action was taken after this step. All liabilities were offset by debiting the cash and credit ledger. No action was taken after t

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heir input tax credit but not used such credit for offsetting their liabilities, they can reduce their input tax credit by using the "edit" facility. Since, they have deposited ₹ 10,00,000/- only in their input tax credit ledger they may deposit additional ₹ 10,00,000/- in the cash ledger by creating challan in FORM GST PMT-06. While filing their FORM GSTR 3B for the months of July, 2017, Company E inadvertently, reported their eligible input tax credit, as ₹ 20,00,000/- instead of ₹ 10,00,000/-. Company E also utilized their additional input tax credit and filed their returns. What can they do? Since, the company had utilized ineligible credit to offset such liabilities, the company will have to pay (through cash) / Reverse such over reported utilized input tax credit with interest. Change in FORM GSTR-1 No Action Stage of Return Filing (GSTR – 3B) Common Error – VI Stage 1 Stage 2 Stage 3 Stage 4 Confirmed Submission Cash Ledger Updated Offset Liabil

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h(s). Input Tax Credit of the wrong tax was taken While filing their FORM GSTR 3B for the months of July, 2017, Company E inadvertently, reported their Central Tax credit of ₹ 20,00,000/-as Integrated tax. What can they do? Use edit facility to claim correct central tax credit under the right head. While filing their FORM GSTR 3B for the months of July, 2017, Company E inadvertently, reported their Central Tax credit of ₹ 20,00,000/- as Integrated tax. What can they do? They can use edit facility to correct central tax credit under the right head. For offsetting any integrated tax liability, additional cash may be deposited in the cash ledger by creating challan in FORM GST PMT-06. While filing their FORM GSTR 3B for the months of July, 2017, Company E inadvertently, reported their Central Tax credit of ₹ 20,00,000/- as Integrated tax credit. In order to avoid late fee and penalties, they paid ₹ 20,00,000/- Central Tax in cash and did not utilize their Integrate

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2018 (7) TMI 1301 – SUPREME COURT OF INDIA – TMI – Validity of reopening of assessment – notice issued to non existent company – Held that:- We have perused the Review Petition and record of the Special Leave Petition and are convinced that the order of which review has been sought does not suffer from any apparent error warranting its reconsideration. Review petition – REVIEW PETITION(C) NO .2960/2017 IN SLP(C) NO .10510/2017 Dated:- 16-1-2018 – Mr. R.K. Agrawal And Mr. Abhay Manohar Sapre JJ

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2018 (5) TMI 595 – GUJARAT HIGH COURT – TMI – Maintainability of petition – Held that: – the cause stated in the petition no longer survives – the petition is disposed of as having become infructuous. – SPECIAL CIVIL APPLICATION NO. 316 of 2018 Dated:- 16-1-2018 – MS. HARSHA DEVANI AND MR. A.S. SUPEHIA JJ. MS SANDHYA D NATANI, ADVOCATE FOR THE PETITIONER(S) NO. 1 (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) Ms. Sandhya Natani, learned advocate for the petitioner, under instructions, states that

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GST – States – EXN-F(10)-44/2017-75/2017-State Tax – Dated:- 16-1-2018 – Government of Himachal Pradesh Excise and Taxation Department Notification No. 75/2017-State Tax No.EXN-F(10)-44/2017 Dated: Shimla-2 the 16th January, 2018. In exercise of the powers conferred by section 164 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), the Governor of Himachal Pradesh is pleased to make the following rules further to amend the Himachal Pradesh Goods and Services Tax Rules, 2017, namely:- (1) These rules may be called the Himachal Pradesh Goods and Services Tax (Sixteenth Amendment) Rules, 2017. (2) Unless otherwise specified, they shall come into force with effect from 29th December, 2017. 2. In the Himachal Pradesh Goods and Services Tax Rules, 2017, – (i) in rule 17, after sub-rule (1), the following sub-rule shall be inserted, namely:- (1A) The Unique Identity Number granted under the Central Goods and Services Tax Act, 2017 shall be deemed to be granted under the Hi

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formula – Refund 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 se

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f 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) dated 20th 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) 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 section 55 shall apply for refund in FORM GST RFD-10 once in every quarter, electronically on the common portal or otherwise, either directly o

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ituted, 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 information submitted above is subject to online verification, where practicable, before proceeding to fill up Part-B. Part -B 1. Details of Authorised Signatory First Name Middle Name Last Name Photo Gender Male / Female / Others Designation Date of Birth DD/MM/YYYY F

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le from the non-assesse online recipient located in taxable territory and deposit the same with Government of India. Signature Place: Date: 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 ownership of the premises of the Lessor like Latest Property Tax Receipt or Municipal Khata copy or copy of Electricity Bill. (c) For premises not covered in (a) and (b) above – A copy of the Consent Letter with any document in support of the ownership of the premises

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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 <<name of the authorised signatory>> 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 Haryana 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 signatory I <<(Name of authorised signatory>> hereby solemnly accord my acceptance to act as authorised signatory for the above referred business and all my acts shall be binding on the business. Signature of Authori

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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 person having UIN 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. Place Signature Name of Authorised Signatory Date Designation /Status Instructions:- 1. Terms Used:- a. GSTIN :- Goods and Services Tax Identification Number b. UIN :- Unique Identity Number 2. Refund applications has to be filed in the same State in which the Unique Identity Number

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gt;> 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: Place: Signature of Authorised Signatory: 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 be produced before the proper officer for processing refund claim. . (x) In the said rules, in FORM GST DRC-07, the Table at serial no. 5 shall be omitted. By Order, Pr. Secretary (E&T) to th

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GST – States – EXN-F(10)-44/2017-73/2017-State Tax – Dated:- 16-1-2018 – Government of Himachal Pradesh Excise and Taxation Department No.EXN-F(10)-44/2017 Dated: Shimla-2 16th January, 2018 Notification No. 73/2017-State Tax In exercise of the powers conferred by section 128 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017) (hereafter in this notification referred to as the said Act), the Governor of Himachal Pradesh, on the recommendations of the Council, is pleased to wai

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GST – States – EXN-F(10)-44/2017-72/2017-State Tax – Dated:- 16-1-2018 – Government of Himachal Pradesh Excise and Taxation Department No.EXN-F(10)-44/2017 Dated: Shimla-2 16th January, 2018 Notification No. 72/2017-State Tax In exercise of the powers conferred by the second proviso to sub-section (1) of section 37 read with section 168 of the Himachal Pradesh Goods and Goods and Services Tax Act, 2017 (10 of 2017) (hereinafter in this notification referred to as the Act) and in supersession of notification No. 58/2017 -State Tax dated 15th November, 2017, published in the Gazette of Himachal Pradesh, vide number No. EXNF(10)-20/2016-Vol.1, dated 15th November, 2017, except as respects things done or omitted to be done before such superses

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2018 (3) TMI 551 – CESTAT CHENNAI – TMI – Renting of immovable property service – non-payment of service tax – Finance Bill, 2017 inserted a new Section 104 retrospectively exempting from service tax the services rendered by State Government Industrial Development Corporation – whether the said exemption would be eligible for appellant or not? – Held that: – the matter requires to be remanded to the adjudicating authority as to the application of section104, newly introduced by the Finance Bill 2017 – appeal allowed by wya of remand. – ST/Misc./40910/2017 and ST/40953 to 40956/2015 and ST/40653 & 40654/2016 – A/40121-40126/2018 – Dated:- 16-1-2018 – Ms. Sulekha Beevi C.S., Member (Judicial) And Shri Madhu Mohan Damodhar, Member (Technical) Shri G. Baskar and Ms. Sushma Harini, Advocate – for the Appellant Ms. P. Hemavathi, Commissioner (AR) – for the Respondent ORDER Per: Bench Revenue has filed a miscellaneous application seeking change of cause title from Commissioner of Service Tax

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tegory of services, show cause notice was issued to the appellant which after adjudication culminated in the confirmation of demand, interest and penalties. Aggrieved, the appellants are now before the Tribunal. 5. On behalf of the appellant, ld. counsel Shri G. Bhaskar and Ms. Sushma Harini appeared and argued the matter. It was submitted that the appellant are incorporated as a company for setting up establishment and promotion of Industrial Estates within the State. Pursuant to its objects, appellants are engaged, inter alia, in the business of developing Industrial Estates and Housing Plots and acquires lands in accordance with procedure established under law. The Finance Bill, 2017 inserted a new Section 104 retrospectively exempting from service tax the services rendered by State Government Industrial Development Corporation. The said exemption granted would be eligible for the appellant and therefore the demand of service tax is unsustainable. It is submitted that for a subseque

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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 for industrial plots, shall be levied and collected during the period commencing from the 1st day of June, 2007 and ending with 21st day of September, 2016 (both days inclusive). (2) Refund shall be made of all such service tax which has been collected, but which would not have been so collected, had sub-section (1) been in force at all times. (3) Notwithstanding anything contained in this Chapter, an application for claim of refund of service tax shall be made within a period of six months from the date on which the Finance Bill, 2017 receives the assent of the President. 9. The ld. consultant has submitted that the lease in the plots in the present was given for 99 years and that the payment of service tax on the considerations received on the development charges etc. cannot sustain for the reason that they have b

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n assets (ii) Land – as is where is condition (iii) Development Charges – Common infrastructures 3 Business Support Service Water Charges- actual consumption basis -No Service 4 Renting of immovable property Chennai Port Trust – Amount Collected Development Charges / Plot Deposit. APRIL 2012 to JUNE 2012 (Sl. No. 4) Sl. Category of Service Rs. 1. Development Charges 2,92,39,097 2. Maintenance Charges 95,68,315 3. Sub -lease Charges 2,13,860 4. Track Rent 8,63,301 5. Rent on building 55,562 6. Processing fees 20,827 Total 3,99,60,962 JULY 2012 to SEPTMEBER 2014 (Sl. Nos. 5 &6) Sl Category of service July 2012 TO Sep 13 Oct 2013 to Sep 14 1. 50% Water Supply Capital cost 18,99,828 – 2. 50% Water Supply Capital cost & Development Charges 58,41,68,966 28,54,98,668 3. Gross Service tax demanded 58,60,68,794 28,54,98,668 4. S. Tax(33%) amount already remitted 19,34,02,702 9,42,14,650 5. Net service tax payable 39,26,66,092 19,12,84,018 10. Taking into consideration the arguments put

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2018 (3) TMI 504 – CESTAT CHENNAI – TMI – Renting of immovable property service – Whether appellant is liable to pay service tax under the category of ‘maintenance of repair service’? – penalty – Held that: – the department had issued an earlier show cause notice on the very same set of facts and allegations. Therefore, they cannot allege suppression of facts with intent to evade payment of service tax – the adjudicating authority is directed to recalculate the demand giving the benefit of CENVAT credit if any.
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The contention of the ld. AR that the appellant had not furnished details as required by the department does not hold water for the reason that the letter requesting for details has been issued by the department only on 13.12.2007 which is much after the normal period. Taking these facts into consideration, we are of the view that the penalty imposed is unwarranted and requires to be set aside.
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Appeal allowed in part. – ST/152/2010 – A/40119/2018 – Dated:- 16-1-2018

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for a different period the very same issue was decided by the Tribunal in the appellant s own case vide Final Order No.40866/2017 dated 25.5.2017. The Tribunal had upheld the demand, interest and set aside the penalty and also directed for denovo adjudication for the limited purpose of recalculation of demand giving the benefit of CENVAT credit. Ld. consultant argued that the present show cause notice is for a subsequent period and that the department has invoked the extended period of limitation alleging suppression of facts. That the appellant was under bonafide belief that they are not liable to pay the service tax since the maintenance charges were collected along with rent and during the relevant period, the levy of service tax on renting of immovable property was under dispute. The appeal filed by the appellant against the adjudication order for the earlier period was pending before the Tribunal. That since the appellant was still litigating the issue, it cannot be said that app

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rimarily set up for promoting IT and IT enabled services. This being so, nefarious intention to evade payment of service tax cannot be expected from them. In the present case, the department had issued an earlier show cause notice on the very same set of facts and allegations. Therefore, they cannot allege suppression of facts with intent to evade payment of service tax. The contention of the ld. AR that the appellant had not furnished details as required by the department does not hold water for the reason that the letter requesting for details has been issued by the department only on 13.12.2007 which is much after the normal period. Taking these facts into consideration, we are of the view that the penalty imposed is unwarranted and requires to be set aside, which we hereby do. 6. In the result, following the decision of the Tribunal in the appellant s own case vide Final Order No.40868/2017 dated 25.5.2017, the demand is upheld and the adjudicating authority is directed to recalcul

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2018 (3) TMI 457 – CESTAT CHENNAI – TMI – Change of cause title – change from Commissioner of Customs, Central Excise and Service Tax, Coimbatore to The Commissioner of GST & Central Excise, Chennai South Commissionerate, MHU Complex, 692, Anna Salai, Nadanam, Chennai-600035 – Held that: – the prayer for amendment of the cause title as also the address for communication of the department needs to be amended in accordance with the change of address/jurisdiction of the department – the miscellaneous applications filed by Revenue for change of cause title allowed – application allowed. – ST/MISC/41856/17, ST/EH/41880/2017 in ST/42404/2013 – A/40080-40081/2018 – Dated:- 16-1-2018 – Ms. Sulekha Beevi C.S., Member (Judicial) And Shri Madhu Mohan

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s above Rs.One Crore. 4. Ld. AR, Shri A. Cletus, ADC, represented on behalf of Revenue. Ld. Counsel, Shri Raghavan Ramabhadran appeared for the appellant. 5.We find that the prayer for amendment of the cause title as also the address for communication of the department needs to be amended in accordance with the change of address/jurisdiction of the department. 6. Miscellaneous application for change of cause title as well as change of address is therefore allowed in the above terms. The amended address shall be noted in the ST-5 Form. Since the Revenue involved is more than Rs. One Crore, the early hearing application is also allowed. (Order dictated and pronounced in the open court) – Case laws – Decisions – Judgements – Orders – Tax Man

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GST – CONCEPT & STATUS Updated as on 01st January 2018 – Goods and Services Tax – GST – Dated:- 15-1-2018 – INTRODUCTION: The introduction of Goods and Services Tax on 1st of July 2017 was a very significant step in the field of indirect tax reforms in India. By amalgamating a large number of Central and State taxes into a single tax, the aim was to mitigate cascading or double taxation in a major way and pave the way for a common national market. From the consumer point of view, the biggest advantage would be in terms of a reduction in the overall tax burden on goods, which was estimated to be around 25%-30%. Introduction of GST would also make Indian products competitive in the domestic and international markets. Studies show that this would have a positive impact on economic growth. Last but not the least, this tax, because of its transparent and self-policing character, would be easier to administer. GENESIS: 2. The idea of moving towards the GST was first mooted by the then Union

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and the States were clearly demarcated in the Constitution with almost no overlap between the respective domains. The Centre had powers to levy tax on the manufacture of goods (except alcoholic liquor for human consumption, opium, narcotics etc.) while the States had powers to levy tax on sale of goods. In case of inter-State sales, the Centre had power to levy a tax (Central Sales Tax) but the tax was collected and retained entirely by the originating States. As for services, it was the Centre alone that was empowered to levy service tax. Since the States were not empowered to levy any tax on the sale or purchase of goods in the course of their importation into or exportation from India, the Centre levied and collected this tax as additional duties of customs, which was in addition to the Basic Customs Duty. This additional duty of customs (commonly known as CVD and SAD) counter balanced excise duties, sales tax, State VAT and other taxes levied on the like domestic products. Introdu

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y tax- UTGST). The Parliament would have exclusive power to levy GST (integrated tax – IGST) on inter-State trade or commerce (including imports) in goods or services. The Central Government will have the power to levy excise duty in addition to the GST on tobacco and tobacco products. The tax on supply of five specified petroleum products namely crude, high speed diesel, petrol, ATF and natural gas would be levied from a later date on the recommendation of GST Council. 5. A Goods and Services Tax Council (GSTC) was constituted comprising the Union Finance Minister, the Minister of State (Revenue) and the State Finance Ministers to recommend on the GST rate, exemption and thresholds, taxes to be subsumed and other features. This mechanism would ensure some degree of harmonization on different aspects of GST between the Centre and the States as well as across States. One half of the total number of members of GSTC would form quorum in meetings of GSTC. Decision in GSTC would be taken by

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nty four meetings of the GSTC have been held so far. The following major decisions have been taken by the GSTC: (i) The threshold exemption limit would be ₹ 20 lakh. For special category States (except J&K) enumerated in article 279A of the Constitution, threshold exemption limit has been fixed at ₹ 10 lakh. (ii) Composition threshold shall be ₹ 1 crore. As decided in the 23rd meeting of the GSTC, this limit shall be raised to ₹ 1.5 crore after necessary amendments in the Act. Composition scheme shall not be available to inter-State suppliers, service providers (except restaurant service) and specified category of manufacturers. For special category States (except J&K and Uttarakhand) enumerated in article 279A of the Constitution, threshold exemption limit has been fixed at ₹ 75 lakh. (iii) Existing tax incentive schemes of Central or State governments may be continued by respective government by way of reimbursement through budgetary route. The s

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s to compensate States for any revenue loss on account of implementation of GST. The list of goods and services in case of which reverse charge would be applicable has also been finalized. (v) The five laws namely CGST Law, UTGST Law, IGST Law, SGST Law and GST Compensation Law have been recommended. (vi) In order to ensure single interface, all administrative control over 90% of taxpayers having turnover below ₹ 1.5 crore would vest with State tax administration and over 10% with the Central tax administration. Further all administrative control over taxpayers having turnover above ₹ 1.5 crore shall be divided equally in the ratio of 50% each for the Central and State tax administration. (vii) Powers under the IGST Act shall also be cross-empowered on the same basis as under CGST and SGST Acts with few exceptions. (viii) Power to collect GST in territorial waters shall be delegated by Central Government to the States. (ix) Formula and mechanism for GST Compensation Cess ha

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) Supplies from GTA to unregistered persons has been exempted from tax. (xv) Registration and operationalization of TDS/TCS provisions has been postponed till 31.03.2018. (xvi) The e-way bill system shall be introduced nation-wide for all inter-state supplies with effect from 01.02.2018. As regards intra-state supplies, option has been given to States to choose any date on or before 01.06.2018. (xvii) E-Wallet Scheme shall be introduced for exporters from 01.04.2018 and till then relief for exporters shall be given in form of broadly existing practice. (xviii) All taxpayers are required to file return FORM GSTR-3B & pay tax on monthly basis. (xix) Taxpayers with turnover upto ₹ 1.5 Cr are required to file information in FORM GSTR-1 on quarterly basis. Other taxpayers would have to file FORM GSTR-1 on a monthly basis. (xx) Time period for filing FORM GSTR-2 and FORM GSTR-3 for the months of July, 2017 to March 2018 would be worked out by a Committee of Officers. (xxi) Late fee

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y Foreign Diplomatic Mission / UN Organization by the Central Government. (xxvii) www.gst.gov.in, managed by GSTN, shall be the Common Goods and Services Tax Electronic Portal. (xxviii) Rate of interest on delayed payments and delayed refund has been recommended and notified. (xxix) The GST Council has recommended the rules for National Anti-Profiteering Authority. The National Anti-Profiteering Authority has been constituted having Chairman and four technical Members. SALIENT FEATURES OF GST: 8. The salient features of GST are as under: (i) GST would be applicable on supply of goods or services as against the present concept of tax on manufacture of goods or on sale of goods or on provision of services. (ii) GST would be based on the principle of destination based consumption taxation as against the present principle of origin-based taxation. (iii) It would be a dual GST with the Centre and the States simultaneously levying it on a common base. The GST to be levied by the Centre would

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icinal and Toilet Preparations); c) Additional Duties of Excise (Goods of Special Importance); d) Additional Duties of Excise (Textiles and Textile Products); e) Additional Duties of Customs (commonly known as CVD); f) Special Additional Duty of Customs (SAD); g) Service Tax; h) Cesses and surcharges insofar as they relate to supply of goods or services. (ix) State taxes that would be subsumed within the GST are: a) State VAT; b) Central Sales Tax; c) Purchase Tax; d) Luxury Tax; e) Entry Tax (All forms); f) Entertainment Tax (except those levied by the local bodies); g) Taxes on advertisements; h) Taxes on lotteries, betting and gambling; i) State cesses and surcharges insofar as they relate to supply of goods or services. (x) GST would apply to all goods and services except Alcohol for human consumption. (xi) GST on five specified petroleum products (Crude, Petrol, Diesel, ATF & Natural gas) would be applicable from a date to be recommended by the GSTC. (xii) Tobacco and tobacco

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a minimum and it would be harmonized for the Centre and the States as well as across States as far as possible. (xv) All Exports and supplies to SEZs and SEZ units would be zero-rated. (xvi) Credit of CGST paid on inputs may be used only for paying CGST on the output and the credit of SGST/UTGST paid on inputs may be used only for paying SGST/UTGST. In other words, the two streams of input tax credit (ITC) cannot be cross utilized, except in specified circumstances of inter-State supplies for payment of IGST. The credit would be permitted to be utilized in the following manner: a) ITC of CGST allowed for payment of CGST & IGST in that order; b) ITC of SGST allowed for payment of SGST & IGST in that order; c) ITC of UTGST allowed for payment of UTGST & IGST in that order; d) ITC of IGST allowed for payment of IGST, CGST & SGST/UTGST in that order. ITC of CGST cannot be used for payment of SGST/UTGST and vice versa. (xvii) Accounts would be settled periodically between th

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in persons including government departments, local authorities and government agencies, who are recipients of supply, to deduct tax at the rate of 1% from the payment made or credited to the supplier where total value of supply, under a contract, exceeds two lakh and fifty thousand rupees. The provision for TDS has not been operationalized yet. (xxii) Refund of tax to be sought by taxpayer or by any other person who has borne the incidence of tax within two years from the relevant date. (xxiii) Obligation on electronic commerce operators to collect tax at source , at such rate not exceeding two per cent. (2%) of net value of taxable supplies, out of payments to suppliers supplying goods or services through their portals. The provision for TCS has not been operationalized yet. (xxiv) System of self-assessment of the taxes payable by the registered person. (xxv) Audit of registered persons to be conducted in order to verify compliance with the provisions of Act. (xxvi) Limitation period

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ties for contravention of the provision of the proposed legislation has been made. (xxxi) Advance Ruling Authority would be constituted by States in order to enable the taxpayer to seek a binding clarity on taxation matters from the department. Centre would adopt such authority under CGST Act. (xxxii) An anti-profiteering clause has been provided in order to ensure that business passes on the benefit of reduced tax incidence on goods or services or both to the consumers. (xxxiii) Elaborate transitional provisions have been provided for smooth transition of existing taxpayers to GST regime. BENEFITS OF GST: (A) Make in India: (i) Will help to create a unified common national market for India, giving a boost to Foreign investment and Make in India campaign; (ii) Will prevent cascading of taxes as Input Tax Credit will be available across goods and services at every stage of supply; (iii) Harmonization of laws, procedures and rates of tax; (iv) It will boost export and manufacturing activ

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pler tax regime with fewer exemptions; (ii) Reduction in multiplicity of taxes that are at present governing our indirect tax system leading to simplification and uniformity; (iii) Reduction in compliance costs – No multiple record keeping for a variety of taxes- so lesser investment of resources and manpower in maintaining records; (iv) Simplified and automated procedures for various processes such as registration, returns, refunds, tax payments, etc; (v) All interaction to be through the common GSTN portal- so less public interface between the taxpayer and the tax administration; (vi) Will improve environment of compliance as all returns to be filed online, input credits to be verified online, encouraging more paper trail of transactions; (vii) Common procedures for registration of taxpayers, refund of taxes, uniform formats of tax return, common tax base, common system of classification of goods and services will lend greater certainty to taxation system; (viii) Timelines to be prov

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28 States who have opted for the same. The migration of existing taxpayers has already started from November, 2016. The Revenue department of both Centre and States are pursuing the presently registered taxpayers to complete the necessary formalities on the IT system operated by GSTN for successful migration. 10. GSTN has selected 73 IT, ITeS and financial technology companies and 1 Commissioner of Commercial Taxes (CCT, Karnataka), to be called GST Suvidha Providers (GSPs).GSPs would develop applications to be used by taxpayers for interacting with the GSTN. OTHER LEGISLATIVE REQUIREMENTS: 11. Four Laws namely CGST Act, UTGST Act, IGST Act and GST (Compensation to States) Act have been passed by the Parliament and since been notified on 12th April, 2017. All the other States (except J&K) and Union territories with legislature have passed their respective SGST Acts. The economic integration of India was completed on 8th August 2017 when the State of J&K also passed the SGST Act

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ting of GST law and procedures, particularly the CGST and IGST law, which will be exclusive domain of the Centre. This apart, the CBEC has prepared itself for meeting the implementation challenges, which are quite formidable. The number of taxpayers has gone up significantly. The existing IT infrastructure of CBEC has been suitably scaled up to handle such large volumes of data. Based on the legal provisions and procedure for GST, the content of work-flow software such as ACES (Automated Central Excise & Service Tax) would require re-engineering. The name of IT project of CBEC under GST is SAKSHAM involving a total project value of ₹ 2,256 crores. 15. It was also felt that the organizational structure and deployment of human resources needed a review for smooth and effective implementation of GST. A Working Group has after extensive deliberations and studies, submitted its Report which has been approved by the Government and has since been implemented. 16. Augmentation of hum

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uld be responsible for administration of the CGST and IGST law. In addition, excise duty regime would continue to be administered by the CBEC for levy and collection of central excise duty on five specified petroleum products as well as on tobacco products. CBEC would also continue to handle the work relating to levy and collection of customs duties. 19. Director General of Safeguards, CBEC has been mandated to conduct detailed enquiry on anti-profiteering cases and should give his recommendation for consideration of the National Anti-profiteering Authority. 20. CBEC has been instrumental in handholding the implementation of GST. It had set up the Feedback and Action Room which monitored the GST implementation challenges faced by the taxpayer and act as an active interface between the taxpayer and the Government. EXPERIENCE OF REGISTRATION & RETURN FILING: 21. Registration & Returns Snapshot: S.No. Details As on 01-Jan-18 1 No. of transited (migrated) taxpayers 70,75,617 2 Of w

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,89,386 20 No. of GSTR 1 returns filed for December, 2017 5414 21 No. of GSTR 2 returns filed for July, 2017 56,11,071 22 No. of GSTR 4 return filed for quarter Jul-Sep, 2017 25,72,552 FREQUENTLY ASKED QUESTIONS RELEASED BY CBEC: 22. To guide taxpayers in relation to GST matters, CBEC has issued a range of frequently asked questions on 12 sectors and other topics related to GST law, procedures, tax rates, specific industry or sector. The information is available on CBEC GST portal http://cbec-gst.gov.in under Services section as well as on www.cbec.gov.in. WAY FORWARD: 23. Though, GST has already been implemented from the 1st of July 2017 a number of implementation issues related to IT systems, legal challenges, exports, return filing and reconciliations, passing on transition credit, anti-profiteering in GST etc. are being faced by field formations of States and CBEC. In the current set-up the aim is to ensure that all these challenges / feedback effectively reaches the Government and

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Goods and Services Tax – Started By: – jayesh thacker – Dated:- 15-1-2018 Last Replied Date:- 23-2-2018 – How to File Nil Return of GST itc 04 job work – Reply By KASTURI SETHI – The Reply = Just like any return, irrespective of the fact whether NIL or tax paid. – Reply By CS SANJAY MALHOTRA – The Reply = ITC 04 can t be filed if the same does not contain any records. Wait as the functionality for filing of Nil return is under process. – Reply By NEETHIARASU ARUNACHALAM – The Reply = While proc

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Goods and Services Tax – Started By: – arun aggarwal – Dated:- 15-1-2018 Last Replied Date:- 17-1-2018 – Sir I would like to know that is there any relevance of section 2(f) of central excise in the regime of GST for the manufaturer. Specially for the area based exempted areas where all the benifits if any are given to the manufacturer only. For reference Circular No.1060/9/2017-CX dt 27/11/2017 Arun Arun – Reply By KASTURI SETHI – The Reply = Section 2(f) of Central Excise Act, is not relevant now inasmuch as the concept of area based exemption does not exist. Such units are to pay GST and thereafter claim refund of GST paid. IT IS NOT EXEMPTION. – Reply By arun aggarwal – The Reply = sirBut the claim after paying GST will be given only t

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Goods and Services Tax – Started By: – A R – Dated:- 15-1-2018 Last Replied Date:- 19-3-2018 – We are a company based in India. We procure and supply some specialized products from China and supply the same to customers based in countries like Singapore, Hongkong, Europe and to many parts of the world.In once of the case case, one of the Europe based company has asked us to import these product in India in our name and warehouse the same in the Customs Bonded warehouse by filing a warehousing bill of entry.Once the goods are warehoused in the Customs Bonded warehouse, they want us to do the transfer of the same to a Duty Free Shop in India at Zero price(Zero invoice value) vide Bond to Bond Transfer.The European Company has asked us to Inv

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as the European company has asked us to supply the same free of Charge (Zero Value) to the Duty free shop.In turn the Duty free shop is also going to give these products free of charge to the International passengers when they buy the other products of a specific product at the duty free shop.Query 1b. when these goods of zero invoice value (free of charge) are being supplied to the Duty free shop vide Bond to Bond transfer, is there a requirement of E Way Bill to be issued.Query 2a – When we raise the Invoice to the European company for the value of the goods, are we supposed to charge any tax such as GST etc ? if yes, then kindly confirm what is the Tax rate to be charged and why ?Query 2b – for the services which we shall be procuring fr

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 15-1-2018 Last Replied Date:- 17-1-2018 – Union Budget 2018-19 is just a fortnight away from now and there is one school of thought which say that Budget will not contain GST proposals. My understanding is that it will contain GST proposals too, if needed. There is no legal or constitutional bar which prevents Union Government to not have GST proposals in Budget. If Budget (Finance Bill) can have proposals for amendment to Customs, Excise, Service Tax, CST or Income Tax provisions, GST is no different. Any change to GST laws (CGST / UTGST / IGST Acts) and Sate Compensation law has to be passed by the Parliament which alone is empowered to legislate. The only pre-requisite fo

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d be converged into a common tax rate of, say, 15 percent. While a rate of 15% may be welcomed by service providers in general which would imply going back to Service Tax times as far as tax rate in concerned but a well planned balancing act would be needed in case of goods. However, Government and the GST Council should also decide not to tweak tax rates off and on but may fix a fixed date (may be once in a quarter) when any such tax rate change be attempted to in future. This would only add to efficient compliances. Compensation cess also needs to be rationalized for motor vehicles and used goods / vehicles in particular. We should not forget that GST law is going to enjoy status of work-in-progress for few years. All eyes are now on 18th

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Goods and Services Tax – GST – Dated:- 15-1-2018 – Mumbai, Jan 14 (PTI) Severely impacted by various reforms like RERA, GST and demonetisation, the realty sector is pinning its hopes on Budget 2018-19 for relief measures like lower taxes and infrastructure status. The year 2017 was an eventful one for the sector with many structural policy reforms, which resulted in a significant decline in home launches to 1,03,570 units compared to 1,75,822 in 2016. Industry players are expecting rationalisation of the GST rates from the current 12 per cent to 6 per cent and bringing stamp duty under the ambit of GST. Also, industry status to the full real estate sector will help in creating surplus housing demand along with financing at lower rate for l

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e additional stamp duty and registration on properties be reduced or merged with GST. A reduction of the taxes and add-on costs, inclusive of brokerage, on under-construction properties, will also ease the financial burden from a consumer perspective. Apart from GST, infrastructure status to the entire sector tops the list of their expectations from the budget. Real estate sector should be allotted infrastructure status, which will lead to construction funds being available to the developer at much lower interest rates. This will eventually benefit EWS and LIG customers, as the developers would be in a position of making the projects really affordable in its true sense, Poddar Housing and Development Managing Director Rohit Poddar said. The

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