Heading 9991
Services – Exemption from GST
GST
Services by way of providing information under the Right to Information Act, 2005 (22 of 2005).
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Heading 9985
Services – Exemption from GST
GST
Omitted
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Notes:
Omitted vide Notification No. 4/2022-Integrated Tax (Rate) dated 13.7.2022 w.e.f. 18.7.2022, before it was read as,
Services by way of fumigation in a warehouse of agricultural produce.
Definitions:
(d) “agricultural produce” means any produce out of cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other
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Heading 9971
Services – Exemption from GST
GST
Services by an intermediary of financial services located in a multi services SEZ with International Financial Services Centre (IFSC) status to a customer located outside India for international financial services in currencies other than Indian rupees (INR).
Explanation.- For the purposes of this entry, the intermediary of financial services in IFSC is a person,-
(i) who is permitted or recognised as such by the Government of India or an
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Heading 9971 or Heading 9991
Services – Exemption from GST
GST
Services by way of reinsurance of the insurance schemes specified in serial numbers 36 or 37 37[or 41].
Definition
* In the Para 8.2 As per the IRDAI (Re-insurance) Regulations, 2018, 'Retrocession' means a re-insurance transaction whereby a part of assumed reinsured risk is further ceded to another Indian Insurer or a CBR (Cross Border Re-insurer). [ See Circular No. 228/22/2024-G
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Heading 9971 or Heading 9991
Services – Exemption from GST
GST
Services of life insurance provided or agreed to be provided by the Naval Group Insurance Fund to the personnel of Coast Guard under the Group Insurance Schemes of the Central Government.
Definition
(zm) “life insurance business” has the same meaning as assigned to it in clause (11) of section 2 of the Insurance Act, 1938 (4 of 1938);
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Note:
As inserted vide Notification No. 2
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Heading 9965
Services – Exemption from GST
GST
Services by way of transportation of goods by a vessel from customs station of clearance in India to a place outside India.
Conditions
Nothing contained in this serial number shall apply after 30th day of September 2022.
Definition
(v) “Customs station” shall have the same meaning as assigned to it in clause (13) of section 2 of the Customs Act, 1962 (52 of 1962);
(zzm) “vessel” has the same meaning as assigned to it in clause (z) of section 2 of the Major Port Trusts Act, 1963 (38 of 1963);
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Notes:
As Amended vide Notification No. 07/2021- Integrated Tax (Rate) dated 30-09-2021 w.e.f. 01-10-2021, before it was read as,
Services by
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m customs station of clearance in India to a place outside India.
Conditions
Nothing contained in this serial number shall apply after 30th day of September 2020.
Definition
(v) “Customs station” shall have the same meaning as assigned to it in clause (13) of section 2 of the Customs Act, 1962 (52 of 1962);
(zzm) “vessel” has the same meaning as assigned to it in clause (z) of section 2 of the Major Port Trusts Act, 1963 (38 of 1963);
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Note:
As amended vide Notification No. 20/2019- Integrated Tax (Rate) dated 30-09-2019 w.e.f. 01-10-2019, before it was read as,
Services by way of transportation of goods by a vessel from customs station of clearance in India to a pla
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Heading 9965
Services – Exemption from GST
GST
Services by way of transportation of goods by an aircraft from customs station of clearance in India to a place outside India.
Conditions
Nothing contained in this serial number shall apply after the 30th day of September 2022.
Definitions:
(f) “aircraft” has the same meaning as assigned to it in clause (1) of section 2 of the Aircraft Act, 1934 (22 of 1934);
(v) “Customs station” shall have the same meaning as assigned to it in clause (13) of section 2 of the Customs Act, 1962 (52 of 1962);
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Notes:
As Amended vide Notification No. 07/2021- Integrated Tax (Rate) dated 30-09-2021 w.e.f. 01-10-2021, before it was read as,
Services by
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toms station of clearance in India to a place outside India.
Conditions
Nothing contained in this serial number shall apply after the 30th day of September 2020.
Definitions:
(f) “aircraft” has the same meaning as assigned to it in clause (1) of section 2 of the Aircraft Act, 1934 (22 of 1934);
(v) “Customs station” shall have the same meaning as assigned to it in clause (13) of section 2 of the Customs Act, 1962 (52 of 1962);
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Note:
As amended vide Notification No. 20/2019- Integrated Tax (Rate) dated 30-09-2019 w.e.f. 01-10-2019, before it was read as,
Services by way of transportation of goods by an aircraft from customs station of clearance in India to a place ou
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Chapter 99
Services – Exemption from GST
GST
Composite supply of goods and services in which the value of supply of goods constitutes not more than 25 per cent of the value of the said composite supply provided to the Central Government, State Government or Union territory or local authority 84[****] by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution or in relation to any function entrusted to a Municipality under article 243W of the Constitution.
Clarification
* Clarification on the applicability of GST on facility management services provided to Municipal Corporation of Delhi (MCD) Headquarters, New Delhi. [ See para 6 of Circular No. 245/02
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t for distribution of such wheat flour under Public Distribution System is eligible for exemption. [ See Circular No. 153/09/2021-GST dated 17.06.2021 ]
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Note:
As amended vide Notification No. 16/2021- Integrated Tax (Rate) dated 18-11-2021 w.e.f. 01-01-2022 before it was read as
Composite supply of goods and services in which the value of supply of goods constitutes not more than 25 per cent of the value of the said composite supply provided to the Central Government, State Government or Union territory or local authority or a Governmental authority or a Government Entity by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution or in rel
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GST RATE & ITC
Query (Issue) Started By: – SUSHEELA CHOUDHARY Dated:- 28-1-2018 Last Reply Date:- 29-1-2018 Goods and Services Tax – GST
Got 1 Reply
GST
SIR ONE OF MY CLIENT WHO IS WORK CONTRACTOR RECEIVED CONTRACT FOR CONSTRUCTION OF GOVERNMENT SCHOOL HOW MUCH GST IS TO BE CHARGED ON ABOVE SERVICE AND WHETHER IS WE ELIGIBLE FOR ITC ON INPUT SERVICE ON MATERIAL WHICH WE WILL BUY FOR CONSTRUCTION OF GOVERNMENT SCHOOL. PLEASE REPLY BE ON THE ABOVE ISSUE.
Reply By KASTURI SETHI:
The R
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GST Inward Permit under GST – Reg.
02/2018 Dated:- 28-1-2018 Assam SGST
GST – States
GOVERNMENT OF ASSAM
OFFICE OF THE COMMISSIONER OF STATE TAX, ASSAM
KAR BHAWAN, DISPUR, GUWAHATI-6
CIRCULAR No. 02/2018-GST
Dated Dispur, the 28th January, 2018
Subject: GST Inward Permit under GST – Reg.
No. CT/GST-15/2017/65.- As per Government Notification No. FTX.56/2017/39 dated 12-07-2017, a new electronic system was introduced on and from 07-07-2017 for issuance of GST Inward Permit and GST Outward Permit under the Assam Goods and Services Act, 2017, for importation and transportation of taxable goods into the State, for inter-State supply of taxable goods from Assam to outside the State and for intra-State supply of taxable goods withi
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t of goods (movement of goods which commences and terminates within the State). Provisions of rule 138 of the said rules related to furnishing of information prior to commencement of intra-State movement of goods and generation of e-way bill for such movement of goods will apply on and from, the 1st day of March, 2018. e-way bill can be generated from the Common Goods and Services Tax Electronic Portal www.ewaybillgst.gov.in before commencement of movement of goods.
Meanwhile, the existing system of GST Inward Permit and GST Outward Permit for transporting goods from outside into Assam being run from this Commissionerate's website shall continue till midnight of 31-01-2018 with the following conditions: –
1. Generation of GST Inward
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E-way bill
Query (Issue) Started By: – MohanLal tiwari Dated:- 27-1-2018 Last Reply Date:- 31-1-2018 Goods and Services Tax – GST
Got 7 Replies
GST
Dear experts,
For supplies to inter-state where transit time in 5 or more days, some of customers are asking to supply the materials with e-way bill to avoid any complication & penalty when vehicles are in transit on or after 1st Feb'18.
Please advise how to deal with E-way bill for supplies before 1st Feb'18 where consignment will be in transit on or after 1st feb'18.
Reply By Krishna Murthy:
The Reply:
From 01-02-2018, it is mandatory to issue e waybill. In your case, since the goods are in transit before Feb 01 and there is no bar to issue e waybill even for trans
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GST collections reverse trend; rise to 86,703 cr in Dec
GST
Dated:- 27-1-2018
New Delhi, Jan 25 (PTI) Halting two months of decline, the GST collections gathered momentum in December, rising to ₹ 86,703 crore.
"Total revenue Collections under GST for the month of December 2017 (received in December 2017/January up to January 24, 2018) has been ₹ 86,703 crores till January 24 2018," the Finance Ministry said in a tweet.
Total collections under the Goods and S
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RENT PAID TO DIRECTOR
Query (Issue) Started By: – UDAYKANT PATHAK Dated:- 27-1-2018 Last Reply Date:- 3-2-2018 Goods and Services Tax – GST
Got 5 Replies
GST
R/S
RENT PAID TO DIRECTOR IN PVT LTD CO IS RCM APLICABLE IN GST AS PER NOTIFICATION 13/2017 OF CGST ACT SUB SECTION 9 (3) OF CGST ACT?
Reply By KASTURI SETHI:
The Reply:
Serial No.6 of Notification No.13/2017-C.T dated 28.6.17 as amended does not talk of renting service. Hence no RCM is applicable in the situation explained.
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
Item No. 6 of the Notification provides that the services provided by a director to the company is coming under RCM and payable by the company. In my view RCM is applicable.
Reply By Ganeshan Kalyani:
T
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kindly advise
Query (Issue) Started By: – harkirat singh Dated:- 27-1-2018 Last Reply Date:- 30-1-2018 Goods and Services Tax – GST
Got 2 Replies
GST
Dear Sir,
After implementation of GST domestic supplier is asking us to provide proof of export i.e. bill of lading and refunding us some amount. Kindly advise us we are getting refund from which account.
Regards
Harkirat Singh
Harkirat957@gmail.com
Reply By KASTURI SETHI:
The Reply:
Pl. give full details of the situation/facts.
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The Madhya Pradesh Goods and Services Tax Rules, 2017
FA-3-23/2017-1-V-(19) Dated:- 27-1-2018 Madhya Pradesh SGST
GST – States
Madhya Pradesh SGST
Madhya Pradesh SGST
Commercial Tax Department
Mantralaya, Vallabh Bhawan, Bhopal
Bhopal, the 27th January 2018
No. FA-3-23/2017-1-V-(19).- In exercise of the powers conferred by Section 164 of the Madhya Pradesh Goods and Services Tax Act, 2017 (No. 19 of 2017), the State Government, hereby further amends the Madhya Pradesh Goods and
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Sale of fixed assets from SEZ Zone to another SEZ Zone
Query (Issue) Started By: – Velayutham Panchatcharam Dated:- 26-1-2018 Last Reply Date:- 26-1-2018 Goods and Services Tax – GST
Got 1 Reply
GST
Dear Sirs,
I am working in SEZ Developer Company having two SEZ Zone in the same state in the same name. I want to sell one fixed asset which is having ZERO net book value as on 31-Dec-2017 to another SEZ Zone. Please advise the applicability of GST and other things. .
Regards
V.Panch
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Royalty and license fees exempt from Integrated Tax u/r 10(1)(c) of 2007 Customs Valuation Rules.
Notifications
GST
Royalty and license fee exempted from Integrated tax to the extent it is pa
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New GST Rules for Construction Services in Exchange for Development Rights: Tax Obligations Clarified for Registered Persons.
Notifications
GST
Special procedure with respect to payment of ta
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GST Revenue for December 2017 Hits Rs. 86,703 Crore by January 24, 2018.
News
GST
Total Revenue Collections under GST for the month of December 2017 stand at ₹ 86,703 crore till 24th Ja
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Total Revenue Collections under GST for the month of December 2017 stand at 86,703 crore till 24th January 2018;
GST
Dated:- 25-1-2018
Total Revenue Collections under GST for the month of December 2017 stand at ₹ 86,703 crore till 24th January 2018;
One crore taxpayers have been registered under GST so far till 24 January, 2018 of which 17.11 lakh are Composition Dealers
The total revenue received under GST for the month of December 2017(received in December/January up to 2
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E-waybill quires
Query (Issue) Started By: – Yatin Bhopi Dated:- 25-1-2018 Last Reply Date:- 31-1-2018 Goods and Services Tax – GST
Got 3 Replies
GST
Dear expert,
Please guide me on below quires related to E-waybill.
1. We are manufacturer and import raw material (chemicals) in bulk from abroad. To pay the custom duties bill of entry will prepared for say 500MT. The movement of goods from Port to factory will be done through 20MT tankers (approx. 25 tanker trips required).
In such case are we need to generate E-waybill for making movement of goods from port to factory(since Rule 138 say registered person who causes the movement for reason other than supply or inward supply from an unregistered person), if yes then for each e
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provided information in Part A of the Form GST EWB – 01, or the transporter shall, before such transfer and further movement of goods,update the details of conveyance in the e-way bill on the common portal in Form GST EWB – 01.
Reply By Ramaswamy S:
The Reply:
1. Only one of the party (supplier or transporter or the recipient) to raise the e-way bill. If supplier has raised, then the transporter shall not raise the eway bill. He only updates that record with respect to vehicle number etc (if not done).
2. If there is a trans-shipment then the transporter is liable to raise the e-way bill.
Regards
S.Ramaswamy
Reply By Ganeshan Kalyani:
The Reply:
2. Transporter registration under eway bill is optional. Further, even though he is unr
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REFUND OF ACCUMULATED GST-ITC
Query (Issue) Started By: – SAFETAB LIFESCIENCE Dated:- 25-1-2018 Last Reply Date:- 25-1-2018 Goods and Services Tax – GST
Got 1 Reply
GST
Dear Experts,
My query is on Refund application RFD-01 A
We are a pharma manufacturer and our outward supply final product is of 12 % GST. We buy about 200 raw materials, packing materials, consumables and availing so many services with different (almost all) rates of GST. In the application Statement 1 asks the following.
Refund on account of ITC accumulated due to Inverted Tax Structure
1. Turnover of inverted rated supply of Goods
2. Tax payable on such inverted rated supply of goods
3. Adjusted Total Turnover
4. Net Input Tax Credit
5. Maximum refund
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d is as follows :-
"(5) In the case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula –
Maximum Refund Amount = {(Turnover of inverted rated supply of goods) x Net ITC ÷ Adjusted Total Turnover} – tax payable on such inverted rated supply of goods
Explanation.- For the purposes of this sub rule, the expressions “Net ITC” and “Adjusted Total turnover” shall have the same meanings as assigned to them in sub-rule (4)."
Now as per sub-rule (4) NET ITC and Adjusted Total turnover means :-
"Net ITC" means input tax credit availed on inputs and input services during the relevant period;"
"Adjusted Total turnover" means the turno
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High Court Rules Detention of Surgical Gloves Illegal Due to Missing Documentation u/r 138(2) of State SGST Rules.
Case-Laws
GST
Detention of goods – surgical gloves – detention on the ground
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Sharing Employees Between Group Companies Not a Taxable Service for Service Tax, Says New Clarification.
Case-Laws
Service Tax
Merely sharing the staff amongst the group companies and got the
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GIST OF RECENT PRONOUNCEMENTS ON GST (PART-VI)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 25-1-2018
Goods and Services Tax (GST), introduced from July 1, 2017 is over six months old now but has resulted in operational and implementation disruptions affecting all stakeholders. GST law, as drafted and legislated, is not free from the interpretational hassles. GST Council his however, making regular changes to fix the anomalies and hardships faced by taxpayers. We expect some legislative changes in the forthcoming Union Budget -2018, based on GST Council recommendations.
Taxpayers have already started challenging various provisions of GST laws and rules framed there under with more than 75 writs being filed
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o evade tax and the only allegation made in the seizure order was to the effect that the Transit Declaration Form (TDF) was absent and that the goods have been mis-described. Also, there was no allegation whatsoever as to the intention of the petitioner to evade tax. In such circumstances, it was held that in absence of any allegation or evasion of tax being made against the petitioner at the stage of detention and seizure and even at the stage of issuance of notice of penalty, it was difficult to sustain the penalty.
* In M/s M.K. Enterprises through its Prop. Mukesh Kumar v. State of U.P. & 3 Others (2017) 12 TMI 342 (Allahabad), where the assessee was not given any opportunity to show cause or give reply to the allegation on which good
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