Rectification of errors in B2B section of GSTR-1 – Transactions more than 500 invoices

Rectification of errors in B2B section of GSTR-1 – Transactions more than 500 invoices
Query (Issue) Started By: – phani raju konidena Dated:- 3-2-2018 Last Reply Date:- 5-2-2018 Goods and Services Tax – GST
Got 3 Replies
GST
Dear Experts,
Please clarify –
if same invoice numbers in B2B section and export section [6A] of GSTR-1 have been uploaded erroneously through 'offline tool' i.e CSV files.
Our invoice transactions are more than 500 invoices to upload GSTR-1
Is ther

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SUPPLY OF SERVICE (SOFTWARE DEVELOPMENT TO USA CLIENT)

SUPPLY OF SERVICE (SOFTWARE DEVELOPMENT TO USA CLIENT)
Query (Issue) Started By: – JOSEPH ALEXANDER Dated:- 3-2-2018 Last Reply Date:- 4-2-2018 Goods and Services Tax – GST
Got 2 Replies
GST
We have a company called BLT having GST registration. We got an order from USA for software development through internet and payment in advance towards Employee cost , office rent and commission for the propritor and it is to pay by USD thought bank.Appx Monthly $3500.000 all in charges ( Employ

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GST E-Way Bill Rules Implementation Delayed; No New Date Announced, Affecting Business Compliance Timelines.

GST E-Way Bill Rules Implementation Delayed; No New Date Announced, Affecting Business Compliance Timelines.
Notifications
GST
GST – E-way bill rules postponed – Notification
TMI Updates

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Can avail input same month on RCM paid

Can avail input same month on RCM paid
Query (Issue) Started By: – raja raja Dated:- 3-2-2018 Last Reply Date:- 5-2-2018 Goods and Services Tax – GST
Got 6 Replies
GST
Dear experts,
Please guide me Aug month we have paid reverse charge , same month we can claim input.
Thanks in advance
Reply By SHIVKUMAR SHARMA:
The Reply:
Yes,You can avail the ITC of RCM in the same month after making the Cash payment of Tax Under RCM.
Reply By KASTURI SETHI:
The Reply:
Sh.Sharma Ji,
Agree with you. There is no doubt. There was a lengthy discussion regarding whether ITC can be taken after crossing one month from the date of payment in cash or from the date of invoice under RCM. Do you remember ? If so, clear my doubt citing Rule etc.

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aiming credit of input tax.
It is clear that by virtue of Rule 36(1) Invoice raised by the recipient is the eligible document for claiming credit of tax paid under RCM But rule also imposes condition for payment of tax.
Nonetheless it is Inportant to note that in case of tax charged by the Supplier,the Tax invoice issued by the supplier is the eligible document for claiming credit.The claim of credit by the recipient ,in GSTR-2 is on provisional basis and gets finalised after matching of returns which is again subject to payment of tax by the supplier.
In line with the above an argument can be taken that in case of tax under RCM,Invoice issued under section 31(3) (f) is the eligible document for claiming credit.The credit of tax payable

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GST – Postponement of coming into force of the provisions relating to e-Way Bill under the TN GST Rules, 2017

GST – Postponement of coming into force of the provisions relating to e-Way Bill under the TN GST Rules, 2017
G.O. Ms. No. 024 Dated:- 3-2-2018 Tamil Nadu SGST
GST – States
Tamil Nadu SGST
Tamil Nadu SGST
COMMERCIAL TAXES AND REGISTRATION DEPARTMENT
[G.O.Ms. No. 24, Commercial Taxes and Registration (B1), 3rd February 2018, Thai 21, Hevilambi, Thiruvalluvar Aandu-2049.]
No. II(2)/CTR/116(d)/2018
In exercise of the powers conferred by section 164 of the Tamil Nadu Goods and Serv

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New Customs Duty and IGST Rates for Imports to India: Key Amendments and Updates for Importers.

New Customs Duty and IGST Rates for Imports to India: Key Amendments and Updates for Importers.
Notifications
Customs
Effective rates of customs duty and IGST for goods imported into India. –

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E WAY BILL

E WAY BILL
Query (Issue) Started By: – chandan bera Dated:- 2-2-2018 Last Reply Date:- 4-2-2018 Goods and Services Tax – GST
Got 3 Replies
GST
DEAR SIR/MADAM,
E WAY BILL IS MANDATORY FOR GROUNDNUT INTER STATE SALES FROM 01.02.2018 (HSN CODE-1202).
Reply By Ganeshan Kalyani:
The Reply:
Ground nut of sees quality is exempt under GST and the same is exempted from eway bill requirement.
Ground nut other than of seed quality is taxable @5 % and the same is covered for eway bill requ

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Frequently Asked Questions on E Way Bill

Frequently Asked Questions on E Way Bill
GST
Dated:- 2-2-2018

NATIONAL ACADEMY OF CUSTOMS, INDIRECT TAXES AND NARCOTICS (NACIN)
Frequently Asked Questions on E Way Bill
Q 1. What is an E Way Bill?
Ans. E-way bill (FORM GST EWB-01) is an electronic document (available to supplier / recipient / transporter) generated on the common portal evidencing movement of goods of consignment value more than ₹ 50000/-. It has two Components-Part A comprising of details of GSTIN of supplier & recipient, place of delivery (indicating PIN Code also), document (Tax invoice, Bill of Supply, Delivery Challan or Bill of Entry) number and date, value of goods, HSN code, and reasons for transportation; and Part B -comprising of transport details – transport document number (Goods Receipt Number or Railway Receipt Number or Airway Bill Number or Bill of Lading Number) and Vehicle number for road.
Q 2. What is the common portal for e-way bill?
Ans. The Common Goods and Services Tax

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ible in the value of goods.
In case of movement of goods for reasons other than supply, the movement would be occasioned by means of a delivery challan which is a mandatory document. The delivery challan has to necessarily contain the value of goods as per Rule 55 of the CGST Rules, 2017. The value given in the delivery challan should be adopted in the e-way bill.
Q 5. What are the benefits of e-way bill?
Ans. Following benefits are expected from e-way bill mechanism
(i) Physical interface to pave way for digital interface resulting in elimination of state boundary check-posts
(ii) It will facilitate faster movement of goods
(iii) It will improve the turnaround time of trucks and help the logistics industry by increasing the average distances travelled, reducing the travel time as well as costs.
Q 6. When will the e-way bill provisions be implemented?
Ans. The e-way bill provisions in respect of inter-state supplies of goods shall be implemented w.e.f 1st February, 2018

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and other articles (Chapter 71)
6
Currency
7
Used personal and household effects
8
Coral, unworked (0508) and worked coral (9601)
b) Goods being transported by a non-motorised conveyance;
c) Goods being transported from the port, airport, air cargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs; and
d) In respect of movement of goods within such areas as are notified under rule 138(14) (d) of the SGST Rules, 2017 of the concerned State.
e) where the goods, other than de-oiled cake, being transported are specified in the Schedule appended to notification No. 2/2017- Central tax (Rate) dated the 28th June, 2017
f) where the goods being transported are alcoholic liquor for human consumption, petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas or aviation turbine fuel; and
g) where the goods being transported are treated as no supply under Schedule III of the

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enerated by registered person and the goods are handed over to the transporter, for transportation of goods by road, the registered person shall furnish the information relating to the transporter in Part B of FORM GST EWB-01 on the common portal and the e-way bill shall be generated by the transporter on the said portal on the basis of the information furnished by the registered person in Part A of FORM GST EWB-01.
In a nutshell, E-way bill is to be generated by the consignor or consignee himself (if the transportation is being done in own/hired conveyance or by railways by air or by Vessel) or the transporter (if the goods are handed over to a transporter for transportation by road). Where neither the consignor nor consignee generates the e-way bill and the value of goods is more than ₹ 50,000/- it shall be the responsibility of the transporter to generate it.
In case the goods to be transported are supplied through an e-commerce operator, the information in Part A may be f

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pdating transport details in Part-B?
Ans. On furnishing of Part-A, a unique number will be generated on the portal which shall be valid for 72 hours for updation of Part B of FORM GST EWB-01.
Q 14. Is it mandatory to generate e-way bill? What if not done? What are the consequences for non-issuance of e-way bill?
Ans. It is mandatory to generate e-way bill in all cases where the value of consignment of goods being transported is more than 50,000/- and it is not otherwise exempted in terms of Rule 138(14) of CGST Rules, 2017.
Further no e-way bill is required to be generated in respect of goods being transported by a non-motorised conveyance; goods being transported from the port, airport, air cargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs; and in respect of movement of goods within such areas as are notified under rule 138(14) (d) of the SGST Rules, 2017 of the concerned State.
If e-way bills, whereve

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t who is registered, the movement shall be said to be caused by such recipient if the recipient is known at the time of commencement of movement of goods. The recipient shall be liable to generate e-way bill.
There could be three possibilities as below:
Situation
Movement caused by
Impact
Recipient is unknown
Unregistered person
E-way bill not required; However, the supplier has an option to generate e-way bill under “citizen” option on the e-way bill portal
Recipient is known and is unregistered
Unregistered person
E-way bill not required; However, the supplier has an option to generate e-way bill under “citizen” option on the e-way bill portal
Recipient is known and is registered
Deemed to be caused by the Registered recipient
Recipient to generate e-way bill
Q 16. What are the reasons for transportation to be furnished in the part A of e-way bill?
Ans. E-way bill is to be issued for movement of goods, irrespective of the fact whether the movement of good

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y him in FORM GST INV-1 and produce the same for verification by the proper officer in lieu of the tax invoice and such number shall be valid for a period of thirty days from the date of uploading.
In the above case, the registered person will not have to upload the information in Part A of FORM GST EWB-01 for generation of e-way bill and the same shall be auto-populated by the common portal on the basis of the information furnished in FORM GST INV-1.
Q 19. Can the e-way bill be cancelled if the goods are not transported after generation of e-way bill?
Ans. Where an e-way bill has been generated, but goods are either not being transported or are not being transported as per the details furnished in the e-way bill, the e-way bill may be cancelled electronically on the common portal, either directly or through a Facilitation Centre notified by the Commissioner, within 24 hours of generation of the e-way bill.
However, if the e-way has been verified in transit in accordance with t

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istered or enrolled transporter for updating the information in Part-B for further movement of consignment.
However once the details of the conveyance have been updated by the transporter in Part B of FORM GST EWB-01, the consignor or recipient, as the case maybe, who has furnished the information in Part-A of FORM GST EWB-01 shall not be allowed to assign the e-way bill number to another transporter.
Q 22. How does transporter come to know that particular e-way bill has been assigned to him?
Ans. The transporter comes to know the EWBs assigned to him by the taxpayers for transportation, in one of the following ways:
* The transporter can go to reports section and select 'EWB assigned to me for trans' and see the list.
* The transporter can go to 'Update Vehicle No' and select 'Generator GSTIN' option and enter taxpayer GSTIN, who has assigned or likely to assign the EWBs to him.
* The tax payer can contact and inform the transporter that the particular EWB is assigned t

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e updated as many times as one wants for movement of goods to the destination. However, the updating should be done within the validity period and at any given point of time, the vehicle number updated should be that of the one which is actually carrying the goods. The validity of e-way bill is not re-calculated for subsequent entries in Part-B.
Q 26. What is the concept of acceptance of e-way bill by the recipient?
Ans. The details of e-way bill generated shall be made available to the-
(a) supplier, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the recipient or the transporter; or
(b) recipient, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the supplier or the transporter,
on the common portal, and the supplier or the recipient, as the case maybe, shall communicate his acceptance or rejection of the consignment covered by the e-way bill.
In case, the person to whom the information in Part-

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rtal prior to the movement
Multiple consignments in one conveyance; all more than ₹ 50000/-; but the consignor has not generated e-way bill
Transporter shall generate individual FORM GST EWB-01 and may also generate consolidated e-way bill FORM GST EWB-02
Multiple consignments in one conveyance; a few less than ₹ 50000/- and e-way bill not generated for these consignments (less than ₹ 50,000/-)
Transporter shall generate FORM GST EWB-01 (for consignments of value more than ₹ 50000/-) and may generate e-way bill for consignments less than ₹ 50,000/-; and may also generate consolidated e-way bill FORM GST EWB-02
Q 28. Many distributors transport goods of multiple customers and know the details of the requirement only at the time of delivery? What to do if name of the consignee is not known?
Ans. Such movement of goods would be for reasons other than supply. The reasons for transportation will have to be mentioned in the Part A of the e-way bill.

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within the validity period of the e-way bill, the transporter may generate another e-way bill after updating the details in Part B of FORM GST EWB-01.
Q 32. What is the validity period of consolidated e-way bill?
Ans. A consolidated e-way bill has no separate validity and will be governed by the underlying validity period of the individual e-way bills.
Q 33. Can a e-way bill be modified?
Ans. No. Part-A of an e-way bill once generated, cannot be modified. However, Part-B can be updated as many times as the transport vehicle is changed within the overall validity period. The validity period is not changed when the Part-B is updated.
Q 34. Is it necessary to feed information and generate e-way bill electronically in the common portal?
Ans. Yes. The facility of generation and cancellation of e-way bill is also available through SMS.
Q 35. What is EBN? Who gives it?
Ans. Upon generation of the e-way bill on the common portal, a unique e-way bill number (EBN) shall be made a

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ficer empowered by him in this behalf may authorise the proper officer to intercept any conveyance to verify the e-way bill or the e-way bill number in physical form for all inter-State and intra-State movement of goods.
Physical verification of a specific conveyance can also be carried out by any officer, on receipt of specific information on evasion of tax, after obtaining necessary approval of the Commissioner or an officer authorised by him in this behalf.
Q 39. Are there any checks and balances on excessive use of power of interception of vehicles and inspection of goods?
Ans. A summary report of every inspection of goods in transit shall be recorded online on the common portal by the proper officer in Part A of FORM GST EWB-03 within twenty-four hours of inspection and the final report in Part B of FORM GST EWB-03 shall be recorded within three days of such inspection.
Once physical verification of goods being transported on any conveyance has been done during transit at

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s. The transporter can get one more e-way bill generated with the help of supplier or recipient by indicating supply as 'Sales Return' and with relevant document details and return the goods to supplier.
Q 42. What are the documents to be carried by the person in charge of a conveyance while transporting goods?
Ans. The person in charge of a conveyance shall carry-
(a) the invoice or bill of supply or delivery challan, as the case may be; and
(b) a copy of the e-way bill or the e-way bill number, either physically or mapped to a Radio Frequency Identification Device (RFID) embedded on to the conveyance in such manner as may be notified by the Commissioner.
Q 43. What are RFIDs?
Ans. RFIDs are Radio Frequency Identification Device used for identification. The Commissioner may require RFIDs to be embedded on to the conveyance in such manner as may be notified. The Commissioner shall get RFID readers installed at places where the verification of movement of goods is required t

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eing transported from one State to another by a person who has been exempted from the requirement of obtaining registration, the e-way bill shall have to be generated by the said person irrespective of the value of the consignment.
Q 46. Can a tax payer update his business name, address, mobile number or e-mail id in the e-way bill system?
Ans. No. EWB System will not allow tax payer to update these details directly. The taxpayer has to change these details at GST Common portal, from where it will be updated in EWB system.
Q 47. What are the modes of e-way bill generation?
Ans. The e-way bill can be generated through multiple modes viz the common portal for e-way bill or Using SMS based facility or Android App or Site-to-Site integration or GSP (Goods and Services Tax Suvidha Provider).
For using the SMS facility, a person has to register the mobile numbers through which he wants to generate the e-way bill on the e-way bill system.
For using Android App, the tax payer has t

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Key highlights of Union Budget-2018

Key highlights of Union Budget-2018
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 2-2-2018

Mr. Arun Jaitley today presented the final full budget of Modi government before the country goes to polls next year, amid subdued economic growth and challenging fiscal situation. Given that rural India constitutes two-thirds of the country's population, the agricultural sector is generously rewarded in this Budget along with education, healthcare and other populist policies being the focus areas. During the Budget 2018 speech, Mr. Jaitley said that common man will continue to be getting utmost importance from Modi government. Even Prime Minister Narendra Modi hailed the Budget, 2018 as "farmer friendly, common citizen friendly, business environment-friendly and development friendly”. Opposed to the expectations of aam aadmi, this Budget chose to keep income tax slabs unchanged for salaried class. It also clarified that Crypto currencies shall not be deemed as legal

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oms (CBIC).
In Nutshell, Union Budget, 2018, brought number of sops for MSME sector and kept its focus on infrastructure creation, higher farmers' income and economic reforms.
Though certain announcements could have been made as regards future roadmap of GST to address various concerns of trade for ease of business for GSTN Network, GST return filing, refund to exporters, Tran 1 deadline, Open issues in transitional credits and other GST law related issues still left unanswered.
General Economy
* Agriculture
* Minimum selling price(MSP) for Kharif crops has been set at least 1.5 times the production cost.
* Rural Economy
* Substantially increase in allocation of National Rural Livelihood Mission to ₹ 5750 crore in 2018-19.
* Education
* Government aims to move from black board to digital board schools by launching revitalising Infrastructure and systems (RISE) by 2022.
* Health
* Flagship National Healthcare protection scheme will be launched to cover 10 crore

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ilways
* ₹ 11,000 crore has been allocated for Mumbai rail network and ₹ 17,000 crore for the Bengaluru metro
* Aviation
* Airport Authority of India (AAI) has 124 airports. It has been proposed to increase the airport capacity by at least 5 times to 1 billion trips a year, ₹ 60 crore has been allocated to kick start the initiative in 2018-19.
* Technology
* Allocation to Digital India scheme doubled to ₹ 3073 crore.
* Fiscal Situation
* Fiscal deficit is 3.5% of GDP at ₹ 5.95 lakh crore in 2017-18. Projected fiscal deficit to be 3.3% of GDP in the next fiscal.
* Miscellaneous
* ₹ 7,148 crore allocated for industries in the textile sector
* Recapitalisation will pave the way for public banks to lend an additional ₹ 5 lakh crore
* Disinvestment target of ₹ 80,000 crore for FY19
Highlights of changes in Indirect Tax
Name of Central Board of Excise and Customs is being changed to Central Board of Indirect Taxes and C

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so as to empower Central Government to exempt goods re-imported after export for repair, further processing or manufacture ['Outward Processing of Goods'] from payment of whole or any part of duty of customs, leviable thereon subject to certain conditions.
Changes in recovery provisions [Section 28]:
* Provision introduced for pre-notice consultation in non-fraud cases.
* Provision introduced for supplementary SCN within existing time period.
* Providing a definite time frame of 6 months (non-fraud cases) and 1 year (fraud cases) for adjudication of SCN which is extendable to further period of 6 months/ 1 year.
* If the SCN is not adjudicated even within the extended period, it would be deemed as if no demand had been issued.
Few major amendments in the first schedule to the Customs Tariff Act, 1975:
* To make 'Make in India' initiative a great success, Customs duty on certain products, such as mobile phones, televisions, specified parts/accessories of motor vehicl

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l), being the goods imported into India at the rate of ₹ 8 per litre for the purpose of financing infrastructure projects.
* Abolition of Additional Duty of Customs [Road Cess] on imported motor spirit commonly known as petrol and high speed diesel oil.
EXCISE:
* Road and Infrastructure Cess on motor spirit, commonly known as petrol and high speed diesel oil, to be levied @ ₹ 8 per litre (@ ₹ 4 per litre in case it is manufactured in and cleared from 4 specified refineries located in the North-East India).
* Additional Duty of Excise [Road Cess] on motor spirit commonly known as petrol and high speed diesel oil has been abolished.
* Basic excise duty on Branded and Unbranded petrol and diesel has been reduced.
SERVICE TAX:
Retrospective Exemption:
* Services provided or agreed to be provided by the Naval Group Insurance Fund by way of life insurance to personnel of Coast Guard, under the Group Insurance Schemes of the Central Government.
* Services prov

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r section 115Q of the Act so as to bring deemed dividends also under the scope of dividend distribution tax under section 115-O.
* Long term capital gains exceeding ₹ 1 Lakh will be taxed at 10% without the benefit of indexation.
* Senior citizens to get ₹ 50,000 per annum deduction for medical insurance u/s 80D and limit u/s 80DDB, deduction of amount paid for medical treatment of specified diseases, has been raised to ₹ 1 Lakh for all senior citizens.
* Standard deduction of ₹ 40,000 allowed in lieu of existing exemption in respect of transport allowance and reimbursement of miscellaneous medical expenses.
* Education cess to be replaced with “Health & Education Cess” and the rate is to be increased to 4% from current rate of 3% which will lead to additional collection of ₹ 11000 crore.
* Government has also made PAN mandatory for any entity entering into a financial transaction of ₹ 2.5 lakh or more.
Hope the information will assist you

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E-way Bill Trial Phase Extended for Inter and Intra-State Goods Movement Due to Tech Issues; New Date Pending Notification.

E-way Bill Trial Phase Extended for Inter and Intra-State Goods Movement Due to Tech Issues; New Date Pending Notification.

GST
In view of difficulties faced by the trade in generating e-way bill due to initial technological glitches, it has been decided to extend the trial phase for generation of e-way bill, both for inter and intra state movement of goods. It'll be applicable from a date to be notified – CBEC
TMI Updates – Highlights, quick notes, marquee, annotation, news, alert

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GST TAXABILITY

GST TAXABILITY
Query (Issue) Started By: – CA BIJENDER KUMAR BANSAL Dated:- 2-2-2018 Last Reply Date:- 3-2-2018 Goods and Services Tax – GST
Got 2 Replies
GST
QUERY – One person purchases the online software license eg Antivirus keys. All keys come in email. The person sell those keys to Indian customers. Whether he needs to pay gst on import of goods as receiver.? Payment made by him through his credit card
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
In my view, yes, he is to pay

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E WAY BILL

E WAY BILL
Query (Issue) Started By: – raja raja Dated:- 2-2-2018 Last Reply Date:- 3-5-2018 Goods and Services Tax – GST
Got 4 Replies
GST
Dear Experts ,
Please guide me how to generate e way bill at situation
1)Material sending on supplier own vehicle
2)Material sending through unregistered transporter
Reply By Rajagopalan Ranganathan:
The Reply:
Sir,
Rule 138 (2) of CGST Rules, 2017 stipulates that " where the goods are transported by the registered person as a consi

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Reorganization of customs Commisionerate, Visakhapatnam consequent to transferring the Customs functions hitherto handled by Central Excise Officers post implementation of GST

Reorganization of customs Commisionerate, Visakhapatnam consequent to transferring the Customs functions hitherto handled by Central Excise Officers post implementation of GST
PUBLIC NOTICE 05/2018 Dated:- 2-2-2018 Trade Notice
Customs
OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS
CUSTOM HOUSE: PORT AREA: VISAKHAPATNAM – 530035
F. No: S10/20/2017- GP
Date 02-Feb-2018
PUBLIC NOTICE 05/2018
Subject: Regarding.
*****
Attention of all Importers, Exporters, Custom House Brokers, Steamer Agents, Custodians/Customs Cargo Service Providers, Trade Associations/Chamber of Commerce, and the Public is invited to the Notification no. 82/2017 – Customs (N.T.) dated 24-Aug-2017 issued by the Central Board of Excise and Customs specifyi

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tnam Municipal Corporation of Visakhapatnam in the state of Andhra Pradesh.
Additional Commissioner, or Joint Commissioner, or Deputy Commissioner, or Assistant Commissioner, of Customs working under the control of the Principal Commissioner of Customs, Visakhapatnam.
3. Further in exercise of the powers conferred by sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs, made amendments to notification no. 82/2017-Customs (N.T.) dated 24-Aug-2017, and issued a fresh Notification No. 03/2018-Customs (N.T.) dated 10-Jan-2018 expanding the Area of Jurisdiction under Principal Commissioner of Customs, Visakhapatnam and added the below mentioned areas.
Sl. No.
Newly added Areas
1
Contai

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In order to clarify Appointment of Appellate Authority under the HGST Act, 2017.

In order to clarify Appointment of Appellate Authority under the HGST Act, 2017.
N0.1943-ET-4-2018/1534 Dated:- 2-2-2018 Haryana SGST
GST – States
Excise and Taxation Commissioner
Haryana, Panchkula
Endst.N0.1943-ET-4-2018/1534
Dated 02.02.2018
Order
Sh. R.B.S. Tewatia, Additional Commissioner of State Tax at the Head Office, Panchkula, is hereby appointed as the Additional Commissioner of State Tax (Appeals)-cum-Appellate Authority for the State of Haryana as defined in clause (8)

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Rescission, in the Notification No. F.NO. FIN/REV-3/GST/1/08(Pt-1)/19 dated the 29th December, 2017 – Seeks to postpone the coming into force of the e-waybill rules.

Rescission, in the Notification No. F.NO. FIN/REV-3/GST/1/08(Pt-1)/19 dated the 29th December, 2017 – Seeks to postpone the coming into force of the e-waybill rules.
FIN/REV-3/GST/1/08(Pt-1)/079 Dated:- 2-2-2018 Nagaland SGST
GST – States
Nagaland SGST
Nagaland SGST
GOVERNMENT OF NAGALAND
FINANCE DEPARTMENT
(REVENUE BRANCH)
F.NO. FIN/REV-3/GST/1/08(Pt-1)/079
NOTIFICATION
Dated: 2nd February, 2018
In exercise of the powers conferred by section 164 of the Nagaland Goods and Se

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M/s. Universal Cables Ltd. Versus Commissioner of GST, Central Excise, Customs, Jabalpur

M/s. Universal Cables Ltd. Versus Commissioner of GST, Central Excise, Customs, Jabalpur
Central Excise
2018 (3) TMI 1229 – CESTAT, NEW DELHI – TMI
CESTAT, NEW DELHI – AT
Dated:- 2-2-2018
Excise Appeal No. 51817 of 2017 – FINAL ORDER NO. 50691/2018
Central Excise
Mr. Justice (Dr.) Satish Chandra, President And Mr. V. Padmanabhan, Member (Technical)
Shri Dhruv Tiwari, Advocate for the Appellants
Shri S K Bansal, AR for the Respondent
The present appeal is filed by the appellant against the Order-in-Original No. 24/2017 dated 31.8.2017. Disputed period is September, 2012 to April, 2016.
2. Brief facts of the case are that the appellant is engaged in the manufacturing of insulated wires and cables which attract central excise duty under Chapter 85 of the Central Excise Tariff Act, 1985. The appellant cleared the final products after paying the Central Excise duty and also discharged VAT/CST under MPIIPAS.
3. With this background, we heard Shri Dhruv Tiwari a

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r hearing both sides and on perusal of record, it appears that the identical issue has come up before the Tribunal in the case of M/s. Pioneer Engineer Industries vs. CCE, Indore [Final Order No. 50392/2018 dated 25.1.2018 ] where it was observed that-
5. A5. After hearing both sides and on perusal of record, it appears that the identical issue has come up before the Tribunal in Shree Cement Ltd. vs. CCE, Alwar (Final Order No. 50189-50191/2018 dt. 18.01.2018) where it was observed that -fter hearing both sides and on perusal of record, it appears that the identical issue has come up before the Tribunal in Shree Cement Ltd. vs. CCE, Alwar (Final Order No. 50189-50191/2018 dt. 18.01.2018) where it was observed that –
“7. We have heard both sides at length and perused the appeal record. As out lined above, the appellants are covered by the Investment Promotion Schemes of the Rajasthan Government. In terms of the various schemes of the Rajasthan Government, the appellants are required t

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that after 01/07/2000, unless the sales tax/VAT is actually paid to the good, no benefit towards excise duty can be given in terms of Section 4(3)(d). However, we note that the Tribunal in the case of Welspun Corporation Ltd. (Supra) has distinguished the decision of the Apex Court in the light of Gujarat VAT Act, 2003. In the Welspun Corporation Ltd. case, the assesse had opted for remission of tax scheme under which a portion of the VAT paid was remitted back to the assessee. The Tribunal held that such subsidy amounts are not required to the included in the transaction value.
9. In the present case we know that for the initial period the assessees are required to remit the VAT recovered by them at the time of sale of the goods manufactured. A part of such VAT is given back to them in the form of subsidy in Challan 37 B. Such Challans are as good as cash but can be used only for payment of VAT in the subsequent period. In terms of the scheme of the Government of Rajasthan payment

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Nexus India Capital Advisors Pvt. Ltd. Versus Commissioner, CGST, Kolhapur

Nexus India Capital Advisors Pvt. Ltd. Versus Commissioner, CGST, Kolhapur
Service Tax
2018 (3) TMI 863 – CESTAT MUMBAI – TMI
CESTAT MUMBAI – AT
Dated:- 2-2-2018
APPLICATION Nos. ST/COD/93245, 93279/17-Mum, APPEAL Nos. ST/87980, 88034/17-Mum – A/85267-85268/2018
Service Tax
MR. S.S. Garg, Member (Judicial)
Shri Jayesh Gagri, C.A., for appellant
Shri M.P. Damle, Assistant Commissioner (AR), for respondent
For the reasons stated in the applications, I condone the delay in filing both the appeals. Since the issue involved in both the appeals is identical and is in a narrow compass, I proceed to decide the appeal by this common order.
2. Briefly the facts of the present case are that the appellant is registered with the

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entral Excise Act, 1944 as made applicable to the Service Tax vide Section 83 of the Finance Act. Being aggrieved by the order-in-original, the appellant filed appeal before the Commissioner (Appeals) and the Commissioner (Appeals) dismissed the appeal being time barred and not maintainable under Section 85 of the Finance Act.
3. Heard both the parties and perused the records.
4. Learned counsel for the appellant submitted that the impugned order is not sustainable in law as the same has been passed by wrongly interpreting the provisions of the Act. He further submitted that the order-in-original dated 19.5.2015 was received by the appellant on 20.5.2015 and thereafter the appeal was filed to the Commissioner (Appeals) on 20.7.2015. He fu

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er considering the submissions of both the parties and perusal of the record, I find that the original authority passed the order on 19.5.2015 which was received by the appellant on 20.5.2015 and as per the period prescribed under Section 85 of the Finance Act, the appeal was to be filed within a period of two months before the Commissioner (Appeals). Further, I find that the last date to file the appeal was 19.7.2015 which was a Sunday i.e. a non-working day for the Central Government offices. In such a case, the last date for filing the appeal would shift to the next working day i.e. 20.7.2015 on which date the appeal was admittedly to have been filed. Therefore, I am of the view that in fact the appeal was filed within the limitation of

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Rescinding the Haryana Government Excise and Taxation Department Notification No.04/ST-2 dated 09th January, 2018 under the HGST Act, 2017

Rescinding the Haryana Government Excise and Taxation Department Notification No.04/ST-2 dated 09th January, 2018 under the HGST Act, 2017
31/ST-2 Dated:- 2-2-2018 Haryana SGST
GST – States
Haryana SGST
Haryana SGST
HARYANA GOVERNMENT
EXCISE AND TAXATION DEPARTMENT
Notification
The 2nd February, 2018
No. 31/ST-2.- In exercise of the powers conferred by section 164 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017), the Governor of Haryana hereby rescinds, except as r

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Seeks to postpone the coming into force of the e-way bill rules

Seeks to postpone the coming into force of the e-way bill rules
11/2018 Dated:- 2-2-2018 Central GST (CGST)
GST
CGST
CGST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
Notification No. 11/2018 – Central Tax
New Delhi, the 2nd February, 2018
G.S.R. 141 (E):- In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby rescinds, except as respe

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Seeks to exempt Integrated tax and Goods and Services Tax compensation cess on imported goods from the whole of levy of Social Welfare Surcharge.

Seeks to exempt Integrated tax and Goods and Services Tax compensation cess on imported goods from the whole of levy of Social Welfare Surcharge.
13/2018 Dated:- 2-2-2018 Customs -Tariff
Customs
Miscellaneous Exemption Notifications
Cus
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
Notification No.13/2018- Customs
New Delhi, the 2nd February, 2018
G.S.R. 116 (E). – In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) read with 1[section 110 of Finance Act, 2018 (13 of 2018)], the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods specified in the First Schedule to the Customs Tariff Act,

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Special provision for exemption from service tax in certain cases relating to services provided or agreed to be provided by Goods and Services Tax Network, retrospectively.

Special provision for exemption from service tax in certain cases relating to services provided or agreed to be provided by Goods and Services Tax Network, retrospectively.
Clause 104
Bill
SERVICE TAX
Finance Bill, 2018
104. Special provision for exemption from service tax in certain cases relating to services provided or agreed to be provided by Goods and Services Tax Network, retrospectively.
(1) Notwithstanding anything contained in section 66B of Chapter V of the Finance Act, 1994 (32 of 1994), as it stood prior to its omission vide section 173 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Chapter), no service tax shall be levied or collected in respect of taxable s

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GST exemption on services rendered to foreign flag vessel in Indian Port

GST exemption on services rendered to foreign flag vessel in Indian Port
Query (Issue) Started By: – Pratap Kulhari Dated:- 1-2-2018 Last Reply Date:- 3-2-2018 Goods and Services Tax – GST
Got 7 Replies
GST
We render inspection services to foreign companies for foreign flag vessel in Indian Port.
The Foreign Company is based in Foreign and the Place of supply of the service is on the Vessel (Foreign Entity) in Indian Port.
The invoice is raised to the foreign entity and money is received from foreign in USD.
IS this exempted from GST (services) and under which clause?
Guidance is solicited from all.
Reply By KASTURI SETHI:
The Reply:
Place of Supply is in taxable territory India. Only receipt of foreign exchange will not

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owledge purpose. Thanks in advance
Reply By KASTURI SETHI:
The Reply:
Inspection service has been supplied in Indian territory and the same is consumed in India. Territory matters a lot.
Reply By Alkesh Jani:
The Reply:
Sir, I do agree with your point of view, but I only mean to say that If proper clarification like first point of departure and services crossed the customs frontier, amount received in foreign exchange, all together can be summed up for putting up the strong case for exemption. Please correct me, if mistaken
Reply By KASTURI SETHI:
The Reply:
Dear Alkesh,
Don't you find the difference between the phrases, "Inspection of vessel' and "Services on board" (service on vessel) ?
Discussion Forum

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E-way Bill in case of Motor Vehicles

E-way Bill in case of Motor Vehicles
Query (Issue) Started By: – ROHIT GOEL Dated:- 1-2-2018 Last Reply Date:- 3-5-2018 Goods and Services Tax – GST
Got 3 Replies
GST
Whether E-way bill is required in case of purchase of motor vehicle by ultimate consumer (unregistered person)? If yes, then what will be the vehicle number and Transporter ID in Part B of GST EWB 01 and who will fill part B of prescribed form.
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
If the said vehicle is transported in another vehicle then the said vehicle number and the transporter ID sare to be placed in part B of the EWB 01.
Reply By Ganeshan Kalyani:
The Reply:
In my view e way bill is not required as generally customer takes delivery of the vehicle

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E-WAY BILL – BILLED TO & SHIPPED TO

E-WAY BILL – BILLED TO & SHIPPED TO
Query (Issue) Started By: – SAFETAB LIFESCIENCE Dated:- 1-2-2018 Last Reply Date:- 3-5-2018 Goods and Services Tax – GST
Got 5 Replies
GST
Respected Experts,
Our company is in Pondicherry. We are placing orders through agents in chennai and the materials are coming from Mumbai or Gujarat or Hyderabad.
A is the manufacturer B is the agent C is us and user (Company). A has to raise Tax Invoice as Billed to B and Shipped to C. We were informed that at present Two e-way bills to be issued. One is raised by A and for the movement from Mumabi to Chennai and another e-way bill raised by B for the movement from Chennai to Pondicherry. Is right ? Also we were informed both e-way bills to be carrie

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INPUT ON HUMAN HEALTH SERVICES

INPUT ON HUMAN HEALTH SERVICES
Query (Issue) Started By: – knr varma Dated:- 1-2-2018 Last Reply Date:- 3-5-2018 Goods and Services Tax – GST
Got 10 Replies
GST
Manufacturing Company providing emergency health services to staff at working unit, Company paying gst for above services. Company can avail input credit on health services
Reply By Alkesh Jani:
The Reply:
Sir, from my point of view ITC for health service is not available in terms of Section 17(5)(b) of CGST Act, 2017. The health services has been specifically mentioned for non-availment of ITC.
Reply By KASTURI SETHI:
The Reply:
Health services have been completely exempted from GST. On which input service you have paid GST ?Mention specifically.
Reply By Alkesh J

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. In the instant case company is providing health services and is not a medical practitioner moreover, clinical establishment is required. In view of above company has to pay GST and ITC is not available. Please correct me.
Reply By KASTURI SETHI:
The Reply:
Dear Querist,
Pl. see legal meaning of the terms. a clinical establishment, an authorised medical practitioner or para-medics. Concept will be clear. After looking into dictionary, if concept is not clear to you, then ask again.
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
I endorse the views of Shri Kasthuri Sethi.
Reply By Alkesh Jani:
The Reply:
Sir, thanks a lot now I am clear Thanks again
Reply By Ganeshan Kalyani:
The Reply:
Health service is exempted from GST.
Reply B

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