Need GST Rate – Goods and Services Tax – Started By: – CAHitesh Patel – Dated:- 19-12-2017 Last Replied Date:- 7-5-2018 – Need GST RATE of following item 1. sale of debris, demolished destructive mate
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Avishek Modi – Dated:- 19-12-2017 Last Replied Date:- 20-12-2017 – During Jan 2013 we imported machines for our factory (SSI).Factory was registered under excise but we could not avail MODVAT for the CVD/SAD on the imported machines as our manufacturing turnover never crossed ₹ 1.5 crores and there was no excise payable by us.Can we take credit for the CVD/SAD on these machines supported by the BOE in the Tran-1 6a? – Reply By Somil Bhansali – The Reply = Yes you can avail credit of CVD and SAD in Table 6(a) based on bill of entry. – Reply By KASTURI SETHI – The Reply = It is disputed issue. Sword of restriction of one year is hanging. Period wise restrictions imposed, have to be taken care of.
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – By: – CASanjay Kumawat – Dated:- 19-12-2017 – Introduction A typical transaction in this business will entail three parties, namely; builder (or developer), land owning party and flat buyer. The developer enters into a development agreement with landowner, whereby the developer acquires the development rights with respect to the land. The agreement for transfer of development rights executed between developers and landowners involve payment of consideration by the developers to the landowners for transfer/acquisition of development rights. Such consideration may be in monetary terms or by way of ownership rights of certain percentage of the developed area. Therefore, an opinion has been sought for the GST on Transfer of Property under Tripartite Agreement. Stages for discussion are as follows: Transfer of Development Rights (TDRs) Transfer of some flats to the landowner as a consideration for land Sale/transfer of flats by the landowner Sale/transfer of
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ers into an agreement with a landowner, wherein the right to develop the land is permanently and irrevocably transferred by the landowner to the developer(, i.e., sale of land); As a consideration for sale of development right, a fixed consideration or a share in sales proceeds or ownership of certain developed area is given by the developer to the landowner; Accordingly, the developer acquires exclusive, permanent and irrevocable rights for development and subsequently transfers (by way of sale, lease, license, etc. to end customers) the entire or certain percentage of the developed area (i.e. apartment, units, plots etc.) The developer is allowed to further assign the development rights to any other person, but the landowner is precluded from doing so. Relevant provisions under GST Act, 2017 Definition of goods Section 2(52) of the CGST Act, 2017, goods means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
nd the activities to be treated as supply of goods or supply of services as referred to in Schedule II. (2) Notwithstanding anything contained in sub-section (1),- activities or transactions specified in Schedule III; or such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council, shall be treated neither as a supply of goods nor a supply of services. (3) Subject to the provisions of sub-sections (1) and (2), the Government may, on the recommendations of the Council, specify, by notification, the transactions that are to be treated as- a supply of goods and not as a supply of services; or a supply of services and not as a supply of goods. IV. Schedule-II- Activities to be treated as supply of goods or supply of services Clause 2(a) of the Schedule-II, any lease, tenancy, easement, license to occupy land is a supp
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
/transfer of land). As per Clause 2(a) of Schedule-II of the CGST Act, 2017 read with Section 7 of the said Act merits consideration. Under the said clause, any lease, tenancy, easement, licence to occupy land is a supply of services. Accordingly, GST is applicable on license to occupy land being a supply of service. On other hand, as per Clause 5 of Schedule-III of the CGST Act, 2017 read with Section 7 of the said Act, under the said clause, Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building shall be treated neither as a supply of goods nor a supply of services. Accordingly, GST is not applicable on sale of land. Thus, acquisition of development rights with respect to a vacant land (not intended solely for residential property) is subject to GST if it qualifies as: (i) lease of vacant land; or (ii) tenancy of vacant land; or (iii) easement of vacant land; or (iv) license of vacant land. Thus, to assess the applicability of GST on acquisition of de
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
person (tenant), in exchange for the tenant's periodic payment of some sum of money (rent) . Accordingly, tenancy is the right to occupy real property permanently, for a time which may terminate upon a certain event, for a specific term, for a series of periods until cancelled (such as month-to-month), or at will (which may be terminated at any time). Some tenancy is for occupancy only as in a landlord-tenant situation, or a tenancy may also be based on ownership of title to the property. Easement As per section 4 of the Easement Act, 1882 easement defined as an easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. Accordingly, easement is a right of use over the property of another. Traditionally the permitted kinds of uses were limited, the most importa
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
nd, though subject to certain reservations, or to a restriction of the purposes for which it may be used. In case of license, only a right to use the property in a particular way or under certain terms is given which permits another person to make use of the property, of which the legal possession continues with the owner. There is no creation of interest in property and merely permission is granted to undertake an activity. Whether acquisition of development rights constitutes a license of vacant land? With respect to license, as per the definition and various judicial precedents, it is a settled position that there cannot be a license, if the activity creates an interest in the property. If as per the terms of the agreement, the developer has all the rights required for development and transfer (by way of sale, lease, license, etc. to end customers) of the property against a fixed consideration. Further, such rights are granted in exclusivity. In other words, by the activity of perma
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
and nature of rights transferred, it can be said that the transactions involves outright transfer i.e. sale of development rights. Whether development rights can be treated as an immovable property ? The term immovable property has not been defined under the GST law. However, as per the General Clauses Act, 1987, immovable property also includes benefits arising out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. The Courts in India have consistently held that any right associated with an immovable property also partakes the nature of immovable property . Accordingly, benefits arising out of land are also in the nature of immovable property. The Courts have also held that rights to develop property and avail benefits arising from such developed property are benefits arising out of land, which cannot be severed from the land. Accordingly, it could be argued that development rights should qualify as immovable property . Reliance is p
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
of an easement. Rather the same conferred upon the company a benefit to arise out of land, namely, the right to cut and remove bamboos which would grow from the soil coupled with ancillary rights and was thus a grant of a profit a prendre which is a benefit arising out of land. In Shakti Insulated Wires Limited v. JCIT, it was held that the developmental rights are embedded in the ownership of land only. These were valuable rights inherent in the ownership of land. Basis the ratio laid out in the above judgments it can be said that development rights a benefit arising from the land and, thus, qualify as immovable property . Whether a permanent transfer of development rights is akin to transfer of title in immovable property? Sale is defined as transfer of ownership in exchange for a price paid or promised or part paid or part promised. Therefore, with respect to an agreement for transfer of development rights whereby such rights are transferred permanently on an irrevocable basis, a vi
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
er, in the form of land /development rights; and From other buyers, in the form of money. For instance assume, GKC developers limited enters into a agreement with land owner Mr. Nagarjuna whereas in lieu of this agreement a total of 1000 residential units will be constructed by GKC ltd on the land provided by Mr. Nagarjuna, whereas 40% of the units i.e. 400 units shall be given to Mr. Nagarjuna and rest 600 units shall be taken by GKC ltd. Both can commercially sell the units in the open market. Land owner gets 400 units of flats in lieu of the land given and Developer gets 600 units of flats in lieu of the construction work done. Based on above, redevelopment transaction is a barter transaction between landowner and developers. Here developer is providing construction service to landowner. Value of construction service shall be ascertained on the basis of flats given to landowner in exchange of development rights given by him to builder. Further, as per decisions taken in 14th Meeting
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
2018 (4) TMI 608 – ALLAHABAD HIGH COURT – 2018 (11) G. S. T. L. 167 (All.) – Detention of goods – absence of Transit Declaration Form (TDF) – penalty – Held that: – in view of the fact that the goods have been seized on a single reason of absence of TDF without any other allegation in respect of illegal import of the goods into the State of U.P., the writ petition disposed off with a direction that subject to the petitioner furnishing security of the amount demanded, in the shape of indemnity bond as provided under Rule 140, the seized goods and the Truck may be released forthwith in favor of the petitioner.
–
Penalty – Held that: – the matter is still pending before the Proper Officer – penalty proceedings are not entered into.
–
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
utta (West Bengal). The goods were passing through the State of U.P. being a transit State. By the notice dated 09.11.2017, the goods were detained on a single reason of absence of Transit Declaration Form ('TDF' in short). All other documents evidencing movement of goods from Punjab to West Bengal were found to be in order and also there is no allegation of discrepancy either in the description of goods or in the quantity. Subsequent to the issuance of show-cause notice, the petitioner appears to have downloaded the TDF on 05.12.2017 and has filed the same in response to the penalty notice. The penalty proceeding is stated to be still pending as is apparent from the short counter affidavit filed in the writ petition. Insofar as the
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
2018 (4) TMI 409 – BOMBAY HIGH COURT – TMI – Transitional credit – restriction on invoice upto twelve months only – Constitutional validity of Clause (iv) of sub-section (3) of Section 140 of the Central Goods and Services Tax Act, 2017 – Notice issued to the Attorney General, returnable on 22nd January, 2018. – WRIT PETITION NO. 12378 OF 2017 Dated:- 19-12-2017 – S. C. Dharmadhikari and Smt. Bharati H. Dangre, JJ. Mr. Raghuraman a/w Mr. Raghavendra and Mr. Prabhakar K. Shetty for the Petition
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
2018 (1) TMI 490 – PUNJAB AND HARYANA HIGH COURT – 2018 (11) G. S. T. L. 302 (P & H) – CENVAT credit – manufacture of taxable as well as exempt goods – waste – chhilka, dundli, bhushi and sprout – Rule 6(3) of the Rules – Held that: – the Tribunal relying upon the decisions of the Bombay High Court in Hindalco Industries Limited vs. Union of India, [2014 (12) TMI 657 – BOMBAY HIGH COURT] held that for the by-products i.e. chhilka, dhundli, bhushi and sprout emerging during the manufacturing of malt and malt extract, the assessee is not liable to pay 10% of the value of the said goods – appeal dismissed – decided against Revenue. – CEA No. 35 of 2017 Dated:- 19-12-2017 – MR. AJAY KUMAR MITTAL, J. For The Appellant-Revenue : Mr. Saurabh Goel, Senior Standing Counsel Ajay Kumar Mittal, J. 1. This appeal has been preferred by the appellant-revenue under Section 35G of the Central Excise Act,1944 (in short, the Act ) against the impugned order dated 11.01.2017, Annexure A-4, passed by the
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
dit on inputs, capital goods and input services. During the course of manufacturing of the said products, certain waste is generated that is called Chhilka, Dundli, Bhushi and Sprout which attract nil rate of duty. A.G.(Audit) Chandigarh while conducting audit of the party pointed out that during the manufacture of Malt & Malt Extract, other products like Chhilka, Bhusa and Sprouts falling under CETH 2301 attracting nil duty are also produced. They also pointed out that the party manufactured and cleared Malt, Malt Extract, Chhilka, Bhusa, Dundali and Sprouts using enzymes formaldehyde, manufact caustic soda, flakes etc. on which Cenvat Credit has been availed by it. The respondent assessee cleared Malt & Malt Extract on payment of applicable duty and Chhilka, Bhusa, Dundali and Sprouts at nil rate of duty. The assessee produced and cleared dutiable as well as exempted products using inputs on which Cenvat Credit has been availed without maintaining separate accounts for receip
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
d an appeal before the Tribunal. Vide order dated 11.1.2017, Annexure A.4, the Tribunal allowed the appeal filed by the respondent assessee with consequential relief, if any. Hence the instant appeal by the appellant-revenue. 3. We have heard learned counsel for the appellant-revenue. 4. Admittedly, the respondent-assessee is engaged in the manufacturing of Malt and Malt extract. It is availing Cenvat Credit on inputs, capital goods and input services. During the course of manufacturing of said products, certain waste is generated that is called chhilka, dundli, bhushi and sprout which attract nil rate of duty. According to the appellant-revenue, as the assessee manufactures both dutiable as well as exempted final products, it is required to pay 10% of the value of exempted goods as per Rule 6(3) of the Rules. Accordingly, a show cause notice was issued to the assessee which was adjudicated by the appropriate authority and a demand of 10% of the value of the exempted goods was confirme
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Priya v – Dated:- 18-12-2017 Last Replied Date:- 19-12-2017 – I have an aggregated order of Pharma APIs and am a Merchant exporter. Is it compulsory for me to buy the goods from Manufacturers with .1% GST as I have to submit all my trade value data to supplier through Shipping bill. Can i buy with 18% GST and claim input credit in GST return ? I will execute the LUT for the export. Two supplier/manufacturer have asked to revise my PO to .1% and other 2 hav
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – Dated:- 18-12-2017 – New Delhi, Dec 18 (PTI) Goods and Services Tax Network (GSTN), the IT backbone of the new tax regime, today said it has put a new function on its portal to allow taxpayers choose the frequency of filing GSTR 1 form on quarterly or monthly basis. Taxpayers with annual aggregate turnover up to ₹ 1.5 crore in the previous financial year or anticipated in the current financial year can avail the option of filing quarterly returns. Form GSTR
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Customs – Customs duty electronic goods increased – Effective rates of customs duty and IGST for goods imported into India. – Notification – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – SAFETAB LIFESCIENCE – Dated:- 18-12-2017 Last Replied Date:- 16-2-2018 – Dear Experts, We have participated an event for business promotion at Maharastra (27). Our GST registration is in Puducherry(34) only. They provided stall for us. The Service provider has raised GST bill without GST and informed us, we(STATE 34), have to pay GST under RCM and take credit of ITC. His Bill says, 1. Description of Services – Sponsorship Services & Brand Promotion Ser
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Customs – PUBLIC NOTICE NO. 157/2017 – Dated:- 18-12-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS, NS-III MUMBAI CUSTOMS ZONE-II JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, TAL:- URAN, DIST : RAIGAD. PIN – 400 707. F. No. S/22-Gen-402/2017-18/AM(I)/JNCH. Pt. I Dated: 18.12.2017 PUBLIC NOTICE NO. 157/2017 Subject: Applicability of IGST / GST on goods transferred / sold while being deposited in a warehouse. -reg. Attention of the Importers, Exporters, General Trade, Port Terminal Operator, Shipping Lines / Shipping Agents, CFSs coming under the jurisdiction of JNCH, Nhava Sheva and all other stakeholders is invited to Circular No. 46/2017-Customs, dated 24th November 2017 [F. No: 473/10/2017-LC] on the above subject issued consequent to various References received from the trade regarding levy of IGST/GST on sales of goods deposited in a customs bonded warehouse. 2. Chapter IX of the Customs Act provides for deposit of goods into a customs bonded warehouse licensed under section 57 or 5
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Entry shall be the date on which it is filed. There is no provision to vary the assessable value of the goods at the ex-bond stage unless they are such goods on which tariff valuation applies. Therefore, duties of customs (BCD + IGST) shall be paid on the imported goods at the stage of ex-bonding on the value determined under section 14 of the Customs Act. 4. However, the transaction of sale / transfer etc. of the warehoused goods between the importer and any other person may be at a price higher than the assessable value of such goods. Such a transaction squarely falls within the definition of supply as per section 7 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as, CGST Act ) and shall be taxable in terms of section 9 of the CGST Act read with section 20 of the Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as, IGST Act ). As per sub-section (2) of section 7 of the IGST Act, any supply of imported goods which takes place before they cr
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ST at the value determined as per section 20 of the IGST Act read with section 15 of the CGST Act, 2017 and the rules made thereunder and the tax liability shall be reckoned as per section 9 of the CGST Act, 2017. 5.2 However, it may be noted that so long as such goods remain deposited in the warehouse the customs duty to be collected shall remain deferred. Further, it is only when such goods are ex-bonded under section 68, shall the deferred duty be collected, at the value as had been determined under section 14 of the Customs Act, 1962 in addition to IGST leviable, as indicated at Para 5.1 above. An illustrative chart on in bond sales and clearance thereof is attached as Annexure. 6. In case of any difficulty, the specific issue may be brought to the notice of Deputy/Assistant Commissioner in charge of Bond Section / Appraising main (Import),NS-III (email address: appraisingmain.jnch@gov.in). 7. Action to be taken in terms of decisions taken in this Public Notice should be considered
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
GST – States – F.12(46)FD/Tax/2017-Pt.-IV-145 – Dated:- 18-12-2017 – GOVERNMENT OF RAJASTHAN FINANCE DEPARTMENT (TAX DIVISION) NOTIFICATION Jaipur, Dated: December 18, 2017 In exercise of the powers conferred by section 68 of the Rajasthan Goods and Services Tax Act, 2017 (Act No. 9 of 2017) read with rule 138 of the Rajasthan Goods and Services Tax Rule, 2017, the State Government, on being satisfied that it is necessary in the public interest so to do, hereby notifies as under, namely:- (1) Every registered person who causes movement of taxable goods, as mentioned in Annexure appended to this notification, from a place outside the State to a place within the State or from a place within the State to a place outside the State, where consignment value exceeds fifty thousand rupees,- (i) in relation to a supply; or (ii) for reasons other than supply; or (iii) due to inward supply from un-registered persons; shall, before commencement of such movement, furnish information relating to th
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ode Description 1. Supply 2. Export or Import 3. Job Work 4. SICD or CKD 5. Recipient not known 6. Line Sales 7. Sales Return 8. Exhibition or fairs 9. For own use 10. Others. (2) When the goods are transported by the registered person as a consignor or the recipient of supply as the consignee, whether in his own conveyance or a hired one or by railways or by air or by vessel, the said person or the recipient may generate the e-way bill electronically on the portal after furnishing vehicle number in PART- B of the said format of e-way bill. (3) Where the e-way bill is not generated under clause (2) above and the goods are handed over to a transporter for transportation by road, the registered person shall furnish the information relating to the transporter in Part-B of the e-way bill on the 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 the e-way bill Provided that the re
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
of the movement of goods. Explanation: 2. The information in Part-A of e-way bill shall be furnished by the consignor or the recipient of the supply as consignee where the goods are transported by railways or by air or by vessel. (4) Upon generation of the e-way bill, a unique e-way bill number (EBN) shall be made available to the supplier, the recipient and the transporter on the portal. (5) Any transporter transferring goods from one conveyance to another in the course of transit shall, before such transfer and further movement of goods, update the details of conveyance in the e-way bill on the portal: Provided that where the goods are transported for a distance of less than ten kilometres within the State from the place of business of the transporter finally to the place of business of the consignee, the transporter may at his option update the details of conveyance in the e-way bill. (6) After e-way bill has been generated, where multiple consignments are intended to be transporte
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
an unregistered supplier in e-way bill he shall be informed electronically, if the mobile number or the e-mail is available. (9) Where an e-way bill has been generated, but goods are either not transported or are not transported as per the details furnished in the e-way bill, the e-way bill may be cancelled electronically on the portal, either directly or through a Facilitation Centre notified by the Commissioner, within 24 hours of generation of the e-way bill: Provided that an e-way bill cannot be cancelled if it has been verified in transit in accordance with the provisions of the Rajasthan Goods and Services Tax Act, 2017 (Act No. 9 of2017). (10) An e-way bill or a consolidated e-way bill generated under this notification shall be valid for the period as mentioned in column (3) of the Table below from the relevant date, for the distance the goods have to be transported, as mentioned in column (2) of the said Table. Table S.N. Distance Validity period (1) (2) (3) 1. Upto 100 km One
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
e-way bill. (12) Where the recipient referred to clause (II) above does not communicate his acceptance or rejection within seventy two hours of the details being made available to him on the portal, it shall be deemed that he has accepted the said details. (13) The e-way bill generated under this notification or under rule 138 of the Goods and Services Tax Rules of any State shall be valid in every State and Union territory. (14) Notwithstanding anything contained in this notification, no information shall be required to be furnished in the following circumstances, namely:- (a) where the goods being transported are other than those specified in Annexure; (b) where the goods are being transported by a non-motorised conveyance; (c) where the goods are 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. Explanation: The facility of generation and cancellation of e-way bi
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
of sheets, and other articles made from foam rubber or plastic foam or other synthetic foam and rubberized coir mattresses, 4. All kinds of toilet & washing soap and detergents. 5. All types of bearings. 6. All types of sanitary goods including sanitary pipes and fittings. 7. All types of electrical goods including UPS and CVTS. 8. Butter & Deshi Ghee. 9. Computers, its software, peripherals and accessories including storage devices, 10. Cooling equipments including air conditioners and refrigerators. 11. Non-ferrous metals, alloys and wires thereof. 12. Dry fruits including Clove, Cardamom, Pepper and betel nut. 13. Raw or refined edible oil and Hydrogenated vegetable Oil. 14. Electronic goods. 15. Iron & Steel in all forms. 16. Parts of Automobile & Tractor except when used in manufacturing of automobiles or tractors. 17. Tobacco, Tobacco products, Cigarette, Pan Masala and Churi. 18. Paints, varnishes, colour and dyes. 19. Timber, ply woods, Nuwood and Laminated she
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
GST – States – G.O.Ms.No. 289 – Dated:- 18-12-2017 – GOVERNMENT OF TELANGANA Revenue (CT-II) Department G.O.Ms.No. 289 Dated: 18-12-2017 NOTIFICATION In exercise of the powers conferred by Section 147 of the Telangana Goods and Services Tax Act, 2017 (Act No.23 of 2017), the State Government, on the recommendations of the Council, hereby notifies the supplies of goods listed in column (2) of the Table below as deemed exports, namely:- TABLE S.No. Description of supply (1) (2) 1. Supply of goods by a registered person against Advance Authorisation 2. Supply of capital goods by a registered person against Export Promotion Capital Goods Authorisation 3. Supply of goods by a registered person to Export Oriented Unit 4. Supply of gold by a bank
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
GST – States – G.O.Ms.No. 287 – Dated:- 18-12-2017 – GOVERNMENT OF TELAGANA Revenue (CT-II) Department G.O.Ms.No. 287 Dated: 18-12-2017 NOTIFICATION In exercise of the powers conferred by Section 164 of the Telangana Goods and Services Tax Act, 2017 (Act No.23 of 2017), the State Government hereby makes the following Rules further to amend the Telangana Goods and Services Tax Rules, 2017, namely:- (1) These Rules may be called the Telangana Goods and Services Tax (Fifth Amendment) Rules, 2017. (2) Save as otherwise provided in these Rules, they shall come into force on the date of their publication in the Official Gazette. In the Telangana Goods and Services Tax Rules, 2017,- (i) in Rule 3, with effect from 13th day of October, 2017, for sub-rule (3A), the following sub-rule shall be substituted, namely:- (3A)Notwithstanding anything contained in sub-rules (1), (2) and (3), a person who has been granted registration on a provisional basis under Rule 24 or who has been granted certific
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
er, 2017, after the words succeeding the said quarter , the words or within such further period as may be extended by the Commissioner by a notification in this behalf: Provided that any extension of the time limit notified by the Commissioner of State tax or the Commissioner of Union territory tax shall be deemed to be notified by the Commissioner. shall be inserted; (iv) after Rule 46, with effect from 13th day of October, 2017, the following Rule shall be inserted, namely:- 46A. Invoice-cum-bill of supply.- Notwithstanding anything contained in Rule 46 or Rule 49 or Rule 54, where a registered person is supplying taxable as well as exempted goods or services or both to an unregistered person, a single invoice-cum-bill of supply may be issued for all such supplies. ; (v) in Rule 54, with effect from 13th day of October, 2017, in sub-rule (2), (a) for the words tax invoice the words consolidated tax invoice shall be substituted; (b) after the words by whatever name called , the words
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
t avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund ; (viii) in Rule 96, in sub-rule (2), with effect from 28th day of October, 2017, the following provisos shall be inserted, namely:- Provided that where the date for furnishing the details of outward supplies in FORM GSTR-1 for a tax period has been extended in exercise of the powers conferred under section 37 of the Act, the supplier shall furnish the information relating to exports as specified in Table 6A of FORM GSTR-1 after the return in FORM GSTR-3B has been furnished and the same shall be transmitted electronically by the common portal to the system designated by the Customs: Provided further that the information in Table 6A furnished under the first proviso shall be auto-drafted in FORM GSTR-1 for the said tax period. ; (ix) (a) in Rule 96A, in sub-rule (1), in clause (a), with effect from 18th day of October, 2017, after the words after the expiry of t
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ee rule 3(3) and 3(3A) shall be substituted; (xi) with effect from 13th day of October, 2017, in FORM GSTR-1, for Table 6, the following shall be substituted, namely:- 6. Zero rated supplies and Deemed Exports GSTIN of recipient Invoice details Shipping bill/ Bill of export Integrated Tax Cess No. Date Value No. Date Rate Taxable value Amt. 1 2 3 4 5 6 7 8 9 10 6A. Exports 6B. Supplies made to SEZ unit or SEZ Developer 6C. Deemed exports ; (xii) With effect from 13th day of October, 2017, in FORM GSTR-1A, for Table 4, the following shall be substituted, namely:- 4. Zero rated supplies made to SEZ and deemed exports GSTIN of recipient Invoice details Integrated Tax Cess No. Date Value Rate Taxable value Tax amount 1 2 3 4 5 6 7 8 4A. Supplies made to SEZ unit or SEZ Developer 4B. Deemed exports (xiii) in FORM GSTR-4, with effect from 18th day of October, 2017, after instruction no.9, the following shall be inserted, namely:- 10. For the tax periods July, 2017 to September, 2017 and Octo
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
2018 (1) TMI 179 – KERALA HIGH COURT – [2017] 1 GSTL 33 (Ker), 2018 (10) G. S. T. L. 211 (Ker.) – Release of detained goods – Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017 – Held that: – the writ petition is disposed of directing the competent authority to complete the adjudication provided for under Section 129 of the statutes referred to above, within a week from the date of production of a copy of the judgment – It is is also directed that if the petitioner complies with Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017, the goods detained shall be released to him forthwith. – WP (C). No. 40622 of 2017 (C) Dated:- 18-12-2017 – P. B. Suresh Kumar, J. For the Petitioner : Sri. C. K. Sreejith For the Respondent :
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Rule 3 – Rules – IGST Rules – Integrated Goods and Services Tax Rules, 2017 – Rule 3 – 1[3. The proportion of value attributable to different States or Union territories, in the case of supply of advertisement services to the Central Government, a State Government, a statutory body or a local authority, under sub section (14) of section 12 of the Integrated Goods and Services Tax Act, 2017, in the absence of any contract between the supplier of service and recipient of services, shall be determined in the following manner namely:- (a) In the case of newspapers and publications, the amount payable for publishing an advertisement in all the editions of a newspaper or publication, which are published in a State or Union territory, as the case may be, is the value of advertisement service attributable to the dissemination in such State or Union territory. Illustration: ABC is a government agency which deals with the all the advertisement and publicity of the Government. It has various win
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Lucknow and Jaipur editions would constitute the proportion of value attributable to the dissemination in the Union territory of Delhi and States of Uttar Pradesh and Rajasthan respectively. DEF should issue separate State wise and Union territory wise invoices based on the editions. (b) in the case of printed material like pamphlets, leaflets, diaries, calendars, T shirts etc, the amount payable for the distribution of a specific number of such material in a particular State or Union territory is the value of advertisement service attributable to the dissemination in such State or Union territory, as the case may be. Illustration: As a part of the campaign Swachh Bharat , ABC has engaged a company GH for printing of one lakh pamphlets( at a total cost of one lakh rupees) to be distributed in the states of Haryana, Uttar Pradesh and Rajasthan. In such a case, ABC should ascertain the breakup of the pamphlets to be distributed in each of the three States i.e. Haryana, Uttar Pradesh and
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
e campaign Saakshar Bharat has engaged a firm IJ for putting up hoardings near the Airports in the four metros i.e. Delhi, Mumbai, Chennai and Kolkata . The release order issued by ABC to IJ will have the city wise, location wise breakup of the amount payable for such hoardings. The place of supply of this service is in the Union territory of Delhi and the States of Maharashtra, Tamil Nadu and West Bengal. In such a case, the amount actually paid to IJ for the hoardings in each of the four metros will constitute the value attributable to the dissemination in the Union territory of Delhi and the States of Maharashtra, Tamil Nadu and West Bengal respectively. Separate invoices will have to be issued State wise and Union territory wise by IJ to ABC indicating the value pertaining to that State or Union territory . (ii) in the case of advertisements placed on trains, the breakup, calculated on the basis of the ratio of the length of the railway track in each State for that train, of the am
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ion in these States will be in the ratio of the length of the track in each of these States and Union territory. If this ratio works out to say 0.5:0.5: 2:2 :3:3:1 , and the amount to be paid to KL is one lakh twenty thousand rupees, then KL will have to calculate the State wise and Union territory wise breakup of the value of the service, which will be in the ratio of the length of the track in each State and Union territory. In the given example the State wise and Union territory wise breakup works out to Delhi (five thousand rupees), Haryana( five thousand rupees), Uttar Pradesh (twenty thousand rupees), Madhya Pradesh (twenty thousand rupees), Maharashtra (thirty thousand rupees), Karnataka (thirty thousand rupees) and Goa (ten thousand rupees). Separate invoices will have to be issued State wise and Union territory wise by KL to ABC indicating the value pertaining to that State or Union territory. (d) (i) in the case of advertisements on the back of utility bills of oil and gas co
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
tes will be in the ratio of the number of railway stations in each State as ascertained from the Railways or from the website www.indianrail.gov.in. . Let us assume that this ratio is 713 : 251 and the total bill is rupees nine thousand six hundred and forty. The breakup of the amount between Madhya Pradesh and Chattisgarh in this ratio of 713:251 works out to seven thousand one hundred and thirty rupees and two thousand five hundred and ten rupees respectively. Separate invoices will have to be issued State wise by MN to ABC indicating the value pertaining to that State. (e) in the case of advertisements over radio stations the amount payable to such radio station, which by virtue of its name is part of a State or Union territory, as the case may be, is the value of advertisement service attributable to dissemination in such State or Union terrritory, as the case may be. Illustration: For an advertisement on Pradhan Mantri Ujjwala Yojana , to be broadcast on a FM radio station OP, for
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
e Broadcast Audience Research Council; (ii) the figures published for the last week of a given quarter shall be used for calculating viewership for the succeeding quarter and at the beginning, the figures for the quarter 1st July, 2017 to 30th September, 2017 shall be used for the succeeding quarter 1st October, 2017 to 31st December, 2017; (iii) where such channel viewership figures relate to a region comprising of more than one State or Union territory, the viewership figures for a State or Union territory of that region, shall be calculated by applying the ratio of the populations of that State or Union territory, as determined in the latest Census, to such viewership figures; (iv) the ratio of the viewership figures for each State or Union territory as so calculated, when applied to the amount payable for that service, shall represent the portion of the value attributable to the dissemination in that State or Union territory. Illustration: ABC issues a release order with QR channel
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
or Uttar Pradesh, Uttarakhand, Bihar and Jharkhand from the latest census; III. by applying the ratio of the populations of Uttar Pradesh and Uttarkhand, as so ascertained, to the Broadcast Audience Research Council viewership figures for their channel for this region, the viewership figures for Uttar Pradesh and Uttarakhand and consequently the ratio of these viewership figures can be calculated. Let us assume that the ratio of the populations of Uttar Pradesh and Uttarakhand works out to 9: 1. When this ratio is applied to the viewership figures of two lakhs for this region, the viewership figures for Uttar Pradesh and Uttarakhand work out to one lakh eighty thousand and twenty thousand respectively; IV. in a similar manner the breakup of the viewership figures for Bihar and Jharkhand can be calculated. Let us assume that the ratio of populations is 4:1 and when this is applied to the viewership figure of one lakh for this region, the viewership figure for Bihar and Jharkhand works o
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
f advertisement service attributable to dissemination in such State or Union territory, as the case may be. Illustration: ABC commissions ST for an advertisement on Pradhan Mantri Awas Yojana to be displayed in the cinema halls in Chennai and Hyderabad. The place of supply of this service is in the states of Tamil Nadu and Telengana. The amount actually paid to the cinema hall or screens in a multiplex, in Tamil Nadu and Telangana as the case may be, is the value of advertisement service in Tamil Nadu and Telangana respectively. Separate invoices will have to be issued State wise and Union territory wise by ST to ABC indicating the value pertaining to that State. (h) in the case of advertisements over internet 2[the service shall be deemed to have been provided all over India and], the amount attributable to the value of advertisement service disseminated in a State or Union territory shall be calculated on the basis of the internet subscribers in such State or Union territory, which i
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
yable for this service, shall represent the portion of the value attributable to the dissemination in that State or Union territory. Illustration: ABC issues a release order to WX for a campaign over internet regarding linking Aadhaar with one s bank account and mobile number. WX runs this campaign over certain websites. In order to ascertain the statewise breakup of the value of this service which is to be reflected in the invoice issued by WX to ABC, WX has to first refer to the Telecom Regulatory Authority of India figures for quarter ending March, 2017, as indicated on their website www.trai.gov.in. These figures show the service area wise internet subscribers . There are twenty two service areas. Some relate to individual States some to two or more States and some to part of one State and another complete State. Some of these areas are metropolitan areas. In order to calculate the State wise breakup, first the State wise breakup of the number of internet subscribers is arrived at.
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
lculated on the basis of the telecommunication( herein after referred to as telecom) subscribers in such State or Union territory , which in turn, shall be calculated in the following manner, namely:- (a) the number of telecom subscribers in a telecom circle shall be ascertained from the figures published by the Telecom Regulatory Authority of India on its website www. trai.gov.in ; (b) the figures published for a given quarter, shall be used for calculating subscribers for the succeeding quarter and at the beginning , the figures for the quarter 1st July, 2017 to 30th September, 2017 shall be used for the succeeding quarter 1st October, 2017 to 31st December, 2017; (c) where such figures relate to a telecom circle comprising of more than one State, or Union territory, the subscriber figures for that State or Union territory shall be calculated by applying the ratio of the populations of that State or Union territory, as determined in the latest census, to such subscriber figures. Illu
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
reas covered by Mumbai which forms another circle) and the State of Goa. When calculating the number of subscribers pertaining to Maharashtra and Goa, UV has to- I. obtain the subscriber figures for Maharashtra circle and Mumbai circle and add them to obtain a combined figure of subscribers; II. obtain the figures of the population of Maharashtra and Goa from the latest census and derive the ratio of these two populations; III. this ratio will then have to be applied to the combined figure of subscribers so as to arrive at the separate figures of subscribers pertaining to Maharashtra and Goa; IV. the ratio of these subscribers when applied to the amount payable for the short messaging service in Maharashtra circle and Mumbai circle, will give breakup of the amount pertaining to Maharashtra and Goa. Separate invoices will have to be issued State wise by UV to ABC indicating the value pertaining to that State . Illustration-4: The telecom circle of Andhra Pradesh consists of the areas of
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST Council decides that Inter-State e-way Bill to be made compulsory from 1st of February, 2018 – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – Dated:- 16-12-2017 – The 24th GST Council Meeting held today through video conferencing decides that Inter-State e-way Bill to be made compulsory from 1st of February, 2018; The System to be ready by 16th of January, 2018; The Uniform System of e-way Bill for Inter-State as well as Intra-State movement will be implemented across the country by 1st June, 2018. The 24th Meeting of the GST Council held today through video conference under the Chairmanship of the Union Minister of Finance and Corporate Affairs, Shri Arun Jaitley. It discussed about the implementation of e-way Bill system in the country. Till such time as the National e-way Bill is ready, the States were authorized to continue their own separate e
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
tate movement of goods on a compulsory basis will be notified with effect from 1st February, 2018. This will bring uniformity across the States for seamless inter-State movement of goods. iii) While the System for both inter-State and intra-State e-way Bill generation will be ready by 16th January, 2018, the States may choose their own timings for implementation of e-way Bill for intra-State movement of goods on any date before 1st June, 2018. There are certain States which are already having system of e-way Bill for intra-State as well as inter-State movement and some of those States can be early adopters of national e-way Bill system for intra-State movement also. But in any case, the Uniform System of e-way Bill for inter-State as well a
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – Dated:- 16-12-2017 – Q. Whether notification 66/2017 central dated 14.11.2017 is applicable for all assesses or for those only who are eligible for compounding scheme but not opted for the same? Ans. It is applicable to all registered persons who did not opt for composition levy under Section 10 of CGST ACT, 2017. Q. We have filed GSTR-3B with that days exchange rate for shipments of the than IGST paid. But invoice value as per Shipping Bill is as per Customs notified rates. Pls suggest which value to be updated in TABLE 6A? Ans. As per exchange rates notified under Customs Act. Q. In case of return of a good (or service), is the GST paid liable for refund? Ans. Credit not may be issued and tax liability can
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – SAFETAB LIFESCIENCE – Dated:- 16-12-2017 Last Replied Date:- 16-12-2017 – Dear Team, Please inform us the maximum time limit for availing GST-ITC….. – Reply By Somil Bhansali – The Reply = As per section 16(4) registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier. – Reply By SAFETAB LIFESCIENCE – The Reply = Dear Sir, I could not able to understand you
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – SAFETAB LIFESCIENCE – Dated:- 16-12-2017 Last Replied Date:- 12-10-2018 – Dear Team, What is the major difference from Cash Discount and Trade Discount. We are giving discount to our customers for making payment prior to agreed due date / credit periods. Discount is not worked on the basis of any percentage on the basic selling price. It is based on the number of days of payment made prior to the due dates. Whether we have to charge GST on the Discount amount. Whether we have to give Credit Note or we can get Debit Note from party or any one of the both can be used. Whether, the issuance of Credit Note without GST is a mistake and leviable penalty under GST act. Because, some of our clients are asking
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
given before or at the time of supply those given after the time of supply If a discount has been allowed before or at the time of supply, and it has been mentioned in the invoice separately, it will not be added in the value of supply. If discount is allowed after the supply, it may or may not be added in the value of the supply, depending on the following factors: whether the discount can be linked directly to the relevant invoice of supply, whether the discount has been allowed as per the terms already agreed upon before or at the time of supply, or whether the input tax credit related to the amount of the discount allowed has been reversed by the recipient of the supply.If you have a policy of allowing a cash discount if a customer pay
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
stand reduced , a credit note can be issued by supplier not later that September 2018 or date of filing of return whichever is earlier ( Sec 34 (2) of CGST Act ) Credit note should have details ie . Taxable value ,Rate of tax and amount of tax credited .Clients ( Recipient ) can not issue debit note. – Reply By YAGAY AND SUN – The Reply = Discounts, other than of mentioned on the Invoices, must be announced prior to giving it after the sales. – Reply By subramanian vijayakumar – The Reply = I endorse Badra Ji views – Reply By ROHIT GOEL – The Reply = In continuation to the discussion an example may be taken FMCG company raising Invoice of ₹ 10,000/- plus GST 1,800/- for ₹ 11,800/- and at the bottom of Invoice ₹ 450/- disc
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Bhushan Velhal – Dated:- 16-12-2017 Last Replied Date:- 16-12-2017 – Dear Sir,Good Morning.Logistic Transporter was missing of material from his custody, now we need to debit to Logistic Company Invoice Amount (Material + GST) & poor service. Pls. suggest SAC/HSN code & percentage of GST debit to logistic vendorRegards Bhushan – Reply By Vamsi Krishna – The Reply = In this case you need not raise any invoice, inform transporter about the loss cause
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – MohanLal tiwari – Dated:- 15-12-2017 Last Replied Date:- 16-12-2017 – Dear Panelist,We have supplied goods during Pre-GST regime which got rejected and needs to be replaced free of charge before lifting back the rejected goods.The customer needs Invoice copy for free replacement to issue way bill. – Reply By ANITA BHADRA – The Reply = Dear Sir If the amount of invoice exceeds ₹ 200 only then it is mandatory to prepare Tax invoice ..section 31 of the.
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Kusalava InternationalLimited – Dated:- 15-12-2017 Last Replied Date:- 15-12-2017 – Reply By CS SANJAY MALHOTRA – The Reply = Yes, please refer to Section 13 o
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – SAFETAB LIFESCIENCE – Dated:- 15-12-2017 Last Replied Date:- 16-12-2017 – Dear Team, We came to understand that RCM payable by the receiver (buyer) for the supply/services received from URD has been deferred till 31.03.2018. Whether all the supplies received from 01.07.2017 is fully exempted or from the date of announcement (05.10.2017, we think) ??? Section 9 (4) Please confirm whether the RCM payable from other than URD is still continuing. Section 9 (3)… What EXPENSES are all compulsory in Sec.9(3) for which (receiver) has to pay GST under RCM – Reply By CS SANJAY MALHOTRA – The Reply = RCM is mandatory under Section 9(3) of CGST Act, whereas the same stands deferred for Section 9(4) from 13.10.2
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
