CANTEEN AND TRANSPORT FACILITY TO CONTRACT LABOURS

Goods and Services Tax – Started By: – ANITA BHADRA – Dated:- 19-11-2017 Last Replied Date:- 19-11-2017 – Sir Benefit of Canteen and Transport facility extended to Contract worker by an employer is subject to GST ?If yes ,, whether employer need to pay GST on RCM Basis .Regards – Reply By Ganeshan Kalyani – The Reply = Company gets the contract labours from a manpower supply agency. The agency charges the company for supply of labour. The agreement between contractor and company may include the

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comission on agriculture produce

Goods and Services Tax – Started By: – sanjay khatri – Dated:- 18-11-2017 Last Replied Date:- 20-11-2017 – hi sir, i am a trader of cumin goods and also a comission agent of cumin goods. i am member of APMC in gujarat. comission service provided to farmers of cumin goods is taxable? – Reply By KASTURI SETHI – The Reply = Exempted vide Notification No.12/17-Central Tax (Rate) dated 28.6.17 Serial No.54(g) refers. – Reply By Ganeshan Kalyani – The Reply = The notification cited by Sri Kasturi Sir

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Applicability of GST

Goods and Services Tax – Started By: – ICAT Natrip – Dated:- 18-11-2017 Last Replied Date:- 20-11-2017 – As an Consultant, if we provide services to a foreign client at their place, say for example , if we provide services to an USA client by physically going to USA , then what will be the implication of GST on this transaction. consideration will be received in USD at USA.Thank You. – Reply By Ganeshan Kalyani – The Reply = GST is not applicable. – Reply By KASTURI SETHI – The Reply = Supply o

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Input Tax Credit utilization – Reg

Goods and Services Tax – Started By: – KIRAN KUMAR – Dated:- 18-11-2017 Last Replied Date:- 22-11-2017 – Dear Sir,Can we adjust the Revers charge input tax credit of previous months for Revers charge payment to current monthThanks & Regards,Kiran Kumar – Reply By Ganeshan Kalyani – The Reply = No, reverse charge liability must be paid in cash. The tax paid under reverse charge can be utilised to pay tax on the outward supply. – Reply By Rajagopalan Ranganathan – The Reply = Sir,Tax under reverse charge is to be paid in cash. ITC available in electronic credit ledger cannot be utilized for this purpose. – Reply By CS SANJAY MALHOTRA – The Reply = Agree with all experts. – Reply By KIRAN KUMAR – The Reply = Thanks for your valuable repli

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have not taken any credit because my final product exempted from tat Now we are selling the bolero's under GST, Requesting you to provide the GST ComplianceThanks & Regards,Kiran Kumar – Reply By Rajagopalan Ranganathan – The Reply = Sir' As per Sl. No. 2 of Notification No. 37/2017-Central Tax (Rate) dated 13.10.2017 motor vehicle falling under Chapter 87 when supplied by a registered person is chargeable to CGST at 65% of central tax applicable otherwise on such goods under Notification No. 1/2017-Central Tax (Rate) dated, 28th June, 2017 provided such supplier had purchased the Motor Vehicle prior to 1st July, 2017 and has not availed input tax credit of central excise duty, Value Added Tax or any other taxes paid on such veh

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Complex GST process hitting ecommerce startups

Goods and Services Tax – GST – Dated:- 18-11-2017 – New Delhi, Nov 18 (PTI) Online sales of auto components have been hit by complex GST model for ecommerce players, online marketplace boodmo said. Exclusion of e-commerce businesses from the composite scheme, a higher tax rate of 28 per cent for auto components and for logistics of spare parts as well, and a complex GST model has impacted adversely ecommerce startups, the co- founder of boodmo, Oleksandr Danylenko, said in a statement. Our new

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CORRECTION IN GSTR3B

Goods and Services Tax – Started By: – unni kv – Dated:- 18-11-2017 Last Replied Date:- 26-11-2017 – Dear Sir Please let us know whether we can do correction (add or reduce ITC) in preceding months GSRT3B in the proceeding month's GSTR3B ? regards kvunni. kannur. – Reply By KASTURI SETHI – The Reply = Still no provision has been made in Common Portal. Wait for. – Reply By unni kv – The Reply = Dear SirThanks for replu, but sir, from begining of GST itself heard that whatever ommission/deletion/correction of the previous months return can be rectified by adding/deleting in the next months return etc. regards – Reply By KASTURI SETHI – The Reply = Yes. It will be allowed when date for GSTR 2A, GSTR 2, 3 approach nearer. Monthly return fo

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ovision is that any adjustment on the tax, input tax credit taken in GSTR 3B tax can be adjusted in GSTR 3. – Reply By KASTURI SETHI – The Reply = Sh.CS Sanjay Malhotra Ji,. Sir, most of the assessees expect the facility for amendment in the case of 'FILED' GSTR 3 B for July, 17. Is there any hope ? I have read somewhere Govt. was planning to provide one time chance in this aspect ? Is there any hope ? Being a new law most of the assessees commited such mistake. – Reply By CS SANJAY MALHOTRA – The Reply = Sh Ganeshan ji righty remarked the provision in GST act that the adjustment is allowed in GSTR-3 but as the same has been deferred and implementation date is not certain, better to explore option for adjustment in succeeding month

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those who have submitted return but not filed. The same feature shall be valid for all coming months. Hence, one should thoroughly look at GSTR-3B before submission and even after submission but before filing as the error can be corrected using Reset Button. Returns once filed shall not be subject to any change thereafter. – Reply By Ganeshan Kalyani – The Reply = Sri Sanjay Sir, dealer would have filed GSTR 3B for the month of July 2017 to October 2017. So, if this reset option is enabled then it is not of use to those dealer who have filed the return. There would be very rare case where dealer has submitted but not filed. There is exceptional problem faced by some dealer. They have filed the return but GSTN shows as submit status but not

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PLACE OF SUPPLY OF ADVERTISEMENT SERVICES TO THE CENTRAL GOVERNMENT, STATE GOVERNMENT ETC.,

Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 18-11-2017 Last Replied Date:- 7-12-2017 – Section 12 of the Integrated Goods and Services Tax Act, 2017 ( Act for short) provides for the determination of place of supply of services where location of supplier and recipient is in India. Section 12(14) of the Act provides that the place of supply of advertisement services to- the Central Government, a State Government, a Statutory body; or a local authority meant for the States or Union territories identified in the contract or agreement shall be taken as being in each of such States or Union territories. The value of such supplies specific to each State or Union territory shall be in proportion to the amount attributable to services provided by way of dissemination in the respective States or Union territories as may be determined in terms of the contract or agreement entered into in this regard. In the absence of such contract or agreement, the same shall be determin

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tisement in the hoardings on the trains. Advertisement in the hoardings other than those on trains In the case of hoardings other than those on trains, the amount payable for the hoardings located in each State or Union territory, is the value of advertisement service attributable to the dissemination in each such State or Union territory, as the case may be. Advertisement in the hoardings on the trains In the case of advertisements placed on trains, the break up, calculated on the basis of the ratio of the length of the railway track in each State for that train, of the amount payable for such advertisements is the value of advertisement service attributable to the dissemination in such State or Union territory, as the case may be. Advertisement on the back of utility bills In the case of advertisements on the back of utility bills of oil and gas companies etc., the amount payable for the advertisements on bills pertaining to consumers having billing address in such States or Union te

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vertisement service disseminated in a State shall be calculated on the basis of the viewership of such channel in such State, which in turn, shall be calculated in the following manner- the channel viewership figures for that channel for a State or Union territory shall be taken from the figures published by the Broadcast Audience Research Council; 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 quarters 1st October,2017 to 31st December 2017. 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. the ratio o

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ulatory Authority of India; the figures published for the last quarter in a given financial year shall be used for calculating the number of internet subscribers for the succeeding financial year and at the beginning, the figures for the last quarter of financial year 2016 -2017 shall be used for the succeeding financial year 2017 -18; where such internet subscriber figures relate to a region comprising of more than one State or Union territory, the subscriber figures for a State or Union territory of that region, shall be calculated by supplying the ratio of the populations of that State or Union territory, as determined in the latest census, to such subscriber figures; the ratio of the subscriber figures for each State or Union territory as so calculated, when applied to the amount payable for this service, shall represent the portion of the value attributable to the dissemination in that State or Union territory. Advertisement through SMS In the case of advertisements through SMS, t

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CHANGES IN CENTRAL GOODS AND SERVICES TAX RULES, 2017

Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 18-11-2017 – Vide Notification dated 15.11.2017 the Central Government made the Central Goods and Services Tax (Twelfth Amendment) Rules, 2017 in exercise of the powers conferred under section 164 of the Central Goods and Services Tax Act, 2017. The amendment brings facility of filing refund manually whereas in the original act and rules it has been provided for online refund. This amendment came into effect from 15.11.2017. Amendment to Rule 43 Rule 43 provides for the manner of determination of input tax credit in respect of capital goods and reversal thereof in certain cases. Clause 2(i) of the Amendment Rules inserted the explanation after Rule 43(2). The newly inserted explanation provides that for the purposes of rule 42 and Rule 43, the Central Government clarified that the aggregate value of exempt supplies shall include the value of supply of services specified in the notification No. 42/2017-Integrated Tax (R

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t rules substituted the word supplier shall issue for supplier may issue . Amendment to Rule 97 Rule 97 deals with the Consumer welfare fund. Clause 2(iii) inserted Rule 97A after Rule 97. Rule 97A provides for manual filing and processing. The new Rule 97A provides that notwithstanding anything contained in this Chapter, in respect of any process or procedure prescribed herein, any reference to electronic filing of an application, intimation, reply, declaration, statement or electronic issuance of a notice, order or certificate on the common portal, in respect of that process or procedure, include manual filing of the said application, intimation, reply, declaration, statement or issuance of the said notice, order or certificate in such forms as appended to these rules. Amendment to Rule 107 Rule 107 provides the procedure for Advance Ruling. Clause 2(iv) of the Amendment Rules provides for the insertion of new rule 107A after rule 107. The newly inserted Rule 107A provides that notwi

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als) where such decision or order is passed by the Additional or Joint Commissioner; the Additional Commissioner (Appeals) where such decision or order is passed by the Deputy or Assistant Commissioner or Superintendent. The appeal shall be filed within three months from the date on which the said decision or order is communicated to such person. Rule 109A (2) provides that an officer directed under section 107(2) (appeal by Revenue) to appeal against any decision or order passed under this Act or SGST Act or UTGST Act may appeal to- the Commissioner (Appeals) where such decision or order is passed by the Additional or Joint Commissioner; the Additional Commissioner (Appeals) where such decision or order is passed by the Deputy or Assistant Commissioner or Superintendent The appeal should be filed within six months from the date of communication of said decision or order. Amendment to Rule 124 Rule 124 deals with the anti profiteering procedure. The second proviso to Rule 124 (4) provi

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; Form GST RFD – 01B – refund order details. Form GST RFD – 01A This form is to be used for the refund under rule 89 and Rule 97A. The following information is to be furnished by the person who seeks refund by manual filing- GSTIN/Temporary ID; Legal Name Trade Name, if any Address Tax period Amount of refund claimed in respect of central tax, State Tax, Integrated tax, UT tax, cess Grounds of refund claim (select from drop down) Excess balance in Electronic Cash Ledger; Exports of services with payment of tax; Exports of goods/services – without payment of tax (accumulated input tax credit); ITC accumulated due to inverted tax structure, under clause (ii) of first proviso to section 54(3); On account of supplies made to SEZ unit/SEZ developer (without payment of tax) Recipient of deemed export. Declaration under- Second proviso to Section 54(3); Section 54(3(ii); Rule 89(2)(f) Rule 89(2)(l) Verification Annexure – I Statement – 1 (Rule 89(5) – Refund type – ITC accumulated due to inve

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GST ISSUES FOR GST COUNCIL

Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 18-11-2017 Last Replied Date:- 21-11-2017 – With 23rd meeting of GST Council just over, to consider various implementation issues and rationalize rates etc in next meeting, here are few suggestions which ought to be decided by the Council. It is high time that petroleum products presently kept out of GST net be brought under GST at the earliest. April 2018 / Budget 2018 could be a good opportunity. If that is not possible now, it should atleast be done for Railways / Metros / Airlines / Transportation and Industrial use meant for production of goods. In income tax Act, 1961, transfer pricing (TP) provisions provide for computation of Arms Length Price (ALP) as per TP methods

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ed input tax credit thereon. Motor vehicles are important like any other business asset / equipment / plant / machinery. It should be made clear that second hand / used vehicle sale will not attract GST if sold to unregistered person or if it was not a business asset for a seller (personal use). Electricity used for commercial purposes (non-domestic) may be brought under GST net with a lower special rate. Generation of power through wind mills can also be taxed with input credit facility. In most of the cases, this is an investment or that planning exercise. Exemption to Resident Welfare Association (RWA) for maintenance of residential units deserves to be extended to units / offices in malls / commercial complexes which will be a great res

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ness / professional purposes. Restaurants may be categorized into two categories – serving alcoholic beverages and non-serving alco-beverages. The requirement of air conditioning be done away with as in almost all cases, it has become a necessity and can no longer be considered a luxury- be it at J&K, Rajasthan, Mumbai or Delhi or anywhere. Alco beverages are out of GST regime due to legal / political compulsion for no fault of this industry. In all fairness, there should be some tax benefit for all input taxes paid on input / input services while manufacturing alco-beverages. Though this is a non- priority, looking at consumption levels, it ultimately burdens the consumer, yet yielding huge tax revenue. There can be some refund mechani

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Arm’s length pricing under GST – Need for Convergence

Goods and Services Tax – GST – By: – Manish Didwania – Dated:- 18-11-2017 – The Goods and Services Tax (GST) is being introduced in the country after 13 year long journey since it was first discussed in report by Kelkar Task Force on indirect taxes. Agreeably, one could count GST as country s biggest tax reform which can trigger transformation on how businesses works across all industries and overhaul India s fractured tax system. Amongst several changes proposed in GST, one key proposal is valuation rules prescribed for transacting entities that are related to each other. As per the GST rules, the value of supply of goods and services between related persons may be determined based on the open market value of such supply. The term market value has been defined in the Central Goods and Services Act, 2017 (CGST Act) as the amount which recipient of a supply is required to pay for like kind and quality of goods/ services at or about the same time and at the same commercial level where t

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erature is already present on the subject matter which can be leveraged while determining the arm s length price of a transaction, including guidance by international bodies such as the Organisation for Economic Co-operation and Development (OECD), United Nations, substantial jurisprudence from various Tax Courts etc. It is accordingly natural that the Indian GST rules may also draw reliance from the Income-tax to frame and advocate rules on valuation of supply between related parties. On the Indirect tax front, currently, there are specific valuation provisions for import of goods under Customs which are broadly similar to what is present in Income-tax. However, despite having broadly similar rules for valuing a transaction, the taxpayers have been witnessing lack of effective ground level administrative coordination between Income-tax and customs authorities to achieve a single price for the same transaction. In the past, there have been attempts by Government to move towards converg

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Transfer Pricing audits proceedings, the tax officers have been selectively using the data furnished by taxpayers before the customs authorities (intending to show that the price paid by the taxpayer is towards the higher end and there is no loss of revenue to customs authorities) to hold that the taxpayer have overpriced the cost of goods procured from overseas related parties and consequently undertake Transfer Pricing adjustment. By dwelling further on this issue, one can make out that the root cause of the problem wherein the taxpayer ends up making separate disclosures before the Income-tax and Customs authorities, goes down to how the system has been set up and how the rules are framed by the Government. Some key areas of concern are listed below: While in the Income-tax there is a separate wing of officers who are trained and specialized in understanding the economics of the business and appreciates the fundamentals of Transfer Pricing, the Customs department follows the valuat

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GST on Advance received from Customer

Goods and Services Tax – Started By: – GOPAL CHOWDHURY – Dated:- 17-11-2017 Last Replied Date:- 22-11-2017 – Dear all, As Ministry has issued Notification No.66/2017-CT dated.15.11.2017 and I have seen here it was issued granting exemption for GST on advances received by the tax payers on goods not on service who not availed for composition scheme. In this regard can any one kindly clarify me the Notification as I still can't understand is the notification issued for the tax payers to charge the rate of tax changed on certain commondity which comes into effect from the date of issue of the Notification as the provision regarding billing on the same is provided U/s 14 of the CGST Act, 2017 as provided under the Notification or else its allowing exemption from payment of tax on advances received by the tax payers. Kindly let me know. – Reply By Ganeshan Kalyani – The Reply = No. 66/2017 – Dated: 15-11-2017 – CGST Seeks to exempt all taxpayers from payment of tax on advances received

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lier or the last date on which he is required, under sub-section (1) of section 31, to issue the invoice with respect to the supply or (b)… Provided sub-section (1) of section 31 states as follows: (i) A registered person supplying taxable goods shall, before ot at the time of,- (a) removal of goods for supply to the recipient, where the supply involves movement of goods; or (b)delivery of goods or making available thereof to the recipient, in any other case, issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such other particulars as may be prescribed: Provided that the Govt may, on the recommendation of the council, by notification, specify the categories of goods or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed: Further the aforesaid notification also refer section 14 which prescribed the rate of tax applicable on the change in rate of tax in respect of supply

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section of section 31 as referred by me above. If I am wrong in understanding the notification, kindly let me know with relevant provisions in this regard as no such news comes out from CBEC or GST council that they exempt all the advances from GST yet. Please let me know. THANKS. – Reply By Ganeshan Kalyani – The Reply = Sri Gopal Sir, Notification 66/2017-CT states that the registered person (other than composition dealer) shall pay the central tax on the outward supply of goods at the time of supply as specified in clause (a) of sub-section (2) of section 12 of the said Act including in the situations … Section 12 provides for time of supply which provides for the time for payment of tax. Section 12 (2)(a) provides that time of supply shall be the date of issue of invoice by the supplier or the last date on which he is required, under sub-section (1) of section 31, to issue the invoice with respect to the supply. From the above it clarifies that a registered person shall pay tax

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in rates of 177 items comes out, so I was awaited for the clarification, views or press release in this regard, because if we advice any company to do so and on later date if department come out with there views where it is amended that exemption is provided on all supplies etc etc , So I raised this query to know your valuable opinion. As the notification no.66/2017-CT hasn't specify that it is applicable on those goods which rates where amended w.e.f 15.11.2017, we can go by this view that it is applicable on all supplies, but whereas as said by me in my previous post that clause (d) of sub section (3) of section 31 is not get amended so that part I miss somewhere to co-relate. Well thanks all the expects once again for your opinion I got some clarity on my doubts and hope as per the clarification above we can say as the notification hasn't clarify in which regard it is applicable, so it is applicable on all supplies done by the registered person not opted section 10. Hope m

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Pan Masala Manufacturing

Goods and Services Tax – Started By: – Mudit phophaliya – Dated:- 17-11-2017 Last Replied Date:- 18-11-2017 – Hello Sir/Ma'am,I want to start a business of Pan Masala Manufacturing (with Brand). I would like to know if I can start my business as an unregistered manufacturer of Pan Masala with a turnover of less than 20 lakhs limit. And what are the licenses and other specifications required to start a Pan Masala manufacturing firm.Hope to get a reply as soon as possible. – Reply By KASTURI SETHI – The Reply = Pan Masala has always been out of Small Scale Scale. If it contains tobacco, then it is not completely out of Central Excise. Govt.'s intention is not to allow exemption to such products. It also remained under Compounded Levy

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Shri Ram Vilas Paswan grants permission to display revised MRP due to reduction of rates of GST up to 31st December, 2017

Goods and Services Tax – GST – Dated:- 17-11-2017 – On account of implementation of GST w.e.f. 1st July, 2017, there may be instances where the retail sale price of a pre-packaged commodity is required to be changed. In this context, Union Minister for Consumer Affairs, Food & Public Distribution, Shri Ram Vilas Paswan had allowed the manufacturers or packers or importers of pre-packaged commodities to declare the revised retail sale price (MRP) in addition to the existing retail sale price (MRP), for three months w.e.f. 1st July 2017 to 30th September, 2017. Declaration of the changed retail sale price (MRP) was allowed to be made by way of stamping or putting sticker or online printing, as the case may be. Use of unexhausted packagin

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Refund Order details – [See rules 91(2), 92(1), 92(3), 92(4), 92(5) and 97A]

GST – GST RFD – 01B – 1FORM-GST-RFD-01 B [See rules 91(2), 92(1), 92(3), 92(4), 92(5) and 97A] Refund Order details 1. ARN 2. GSTIN / Temporary ID 3. Legal Name 4. Filing Date 5. Reason of Refund 6. Financial Year 7. Month 8. Order No.: 9. Order issuance Date: 10. Payment Advice No.: 11. Payment Advice Date: 12. Refund Issued To : Drop down: Taxpayer / Consumer Welfare Fund 13. Issued by: 14. Remarks: 15. Type of Order Drop Down: RFD- 04/ 06/ 07 (Part A) 16. Details of Refund Amount (As per the manually issued Order): Description Integrated Tax Central Tax State/UT tax Cess Tax Interest Penalty Fees Others Total Tax Interest Penalty Fees Others Total Tax Interest Penalty Fees Others Total Tax Interest Penalty Fees Others Total a. Refund am

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Compilation of all notifications issued ON 15.11.2017

Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 17-11-2017 Last Replied Date:- 21-11-2017 – Recently 23rd GST council meeting has been held in which various decisions were declared. All the notifications were issued recently in this respect. Lets summarise this with the help of this update- Notification 66/2017 CT dated 15.11.2017 has been notified stating that all registered person other than person registered under composition scheme is not required to pay tax on advance received on supply of goods. The notification exempts all taxpayers from payment of tax on advances received in case of supply of goods. This notification has superseded the earlier notification no. 40/2017 CT dated 13.10.2017. This mean that the composition scheme dealer has to pay the taxes on advaces. All other assessee need not to pay the tax on advances. We are failed to understand why this provision has been kept for composition scheme? Secondly, this is applicable on supply of goods only and not s

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le is nil;says that there will be less liability the late fees will be paid as ₹ 10/- per day under CGST Act. The interpretation of this says that this less late fee will be payable if the liability of CGST is nil. If there is liability of IGST Act but no liability in CGST then also the less amount will be payable. Although it seems to be very absurd interpretation but notification reads like that only. In case there is tax to be paid then late fees is increased to ₹ 25/- per day. This late fees reduction is in respect of GSTR 3B. For the other returns, the normal late fee of ₹ 200/- per day will be payable. Due dates of many returns have been extended as follows vide notification- S. No. Notification No. FORM and Details Previous due date Revised due date 1 63/2017-Central Tax, dt. 15-11-2017 GST ITC-04 for the quarter July-September, 2017 25.10.2017 31.12.2017 2 62/2017-Central Tax, dt. 15-11-2017 GSTR-6 for July, 2017 for Input Service Distributor 13.08.2017 31.12.

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soon. Although the press conference by FM said that the GSTR-2 and GSTR-3 are deferred upto March 31, 2018 but the press release say that time limit will be decided soon. Meanwhile GSTR-1 can be continue to be filed without compulsion of filing GSTR-2 and GSTR-3 of previous month. Notification 57/2017-Central Tax ,dt. 15-11-2017 prescribes the due date for filing of GSTR 1 for assesses having turnover upto ₹ 1.5 crores on quarterly basis. Due dates of FORM GSTR-1 are prescribed as follows:- Tax period Due date Jul- Sep 31st Dec 2017 Oct- Dec 15th Feb 2018 Jan- Mar 30th April 2018 Time limit of filing GSTR-2 and GSTR-3 for the months of July, 2017 to March 2018 will be decided soon. Again there is dispute in press conference and press release. Notification 56/2017- CT, dt. 15-11-2017 states that FORM GSTR-3B along with payment of tax has been continued till March, 2018. It has to be filed by all the tax payers by 20th of the succeeding month. Although it was said earlier that the

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ITC on Hotel bills & GTA service

Goods and Services Tax – Started By: – MohanLal tiwari – Dated:- 17-11-2017 Last Replied Date:- 24-11-2017 – Dear experts,We are having different opinion for admissibility of ITC on :-1. Hotel Bills – Our sales & marketing team is mostly on tour (domestic & foreign) and taking services of hotels and paying applicable GST. What are the legal provisions preventing us to avail credit on SGST & CGST paid.2. GTA Services – Most of GTA service providers are raising invoice without charging any GST and we are paying GST @5% under RCM . Please advise if ITC for the same is admissible if not, please specify the ruling / notification issued by authority. – Reply By Ramaswamy S – The Reply = 1. The hotel bills would show the intra state G

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se refer to FAQ' released by CBEC and other state govt The query is answered.The relevant sections has been quoted by Mr Ganeshan.ThanksRegardsS Ramaswamy – Reply By CS SANJAY MALHOTRA – The Reply = Dear Mr. Tiwari, Am taking up Hotel Bills for Domestic Tour as views already shared on other aspects by my friends. Section 17(5)(b) disallows credit for Food and beverages, hence any inclusion of said amount in Hotel Bill is ineligible for ITC. However Room Rent is eligible for ITC. Now conditions for admissibility and Non-Admissibility If your POS and Hotel is situated in same state, then ITC is eligible for CGST/SGST. In case your POS and Hotel is situated in different states, then also CGST/SGST is applicable as per Place of Supply Rules

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Application for Refund (Manual) – [See rules 89(1) and 97A]

GST – GST RFD – 01A – 7[FORM-GST-RFD-01 A [See rules 89(1) and 97A] Application for Refund (Manual) (Applicable for casual taxable person or non-resident taxable person, tax deductor, tax collector and other registered taxable person) 1. GSTIN / Temporary ID 2. Legal Name 3. Trade Name, if any 4. Address 5. Tax period (if applicable) From To 6. Amount of Refund Claimed (Rs.) Act Tax Interest Penalty Fees Others Total Central tax State / UT tax Integrated tax Cess Total 7. Grounds of Refund Claim (select from drop down) (a) Excess balance in Electronic Cash Ledger (b) Exports of services- with payment of tax (c) Exports of goods / services- without payment of tax (accumulated ITC) (d) ITC accumulated due to inverted tax structure [under clause (ii) of first proviso to section 54(3)] (e) On account of supplies made to SEZ unit/ SEZ developer (with payment of tax) (f) On account of supplies made to SEZ unit/ SEZ developer (without payment of tax) (g) Recipient of deemed export supplies/

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making nil rated or fully exempt supplies. Signature Name – Designation / Status 8[DECLARATION [rule 89(2)(f)] I hereby declare that tax has not been collected from the Special Economic Zone unit /the Special Economic Zone developer in respect of supply of goods or services or both covered under this refund claim. Signature Name – Designation / Status] DECLARATION [rule 89(2)(g)] (For recipient/supplier of deemed export) In case refund claimed by recipient__ I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies. In case refund claimed by supplier__ I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for

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nature Name – Designation / Status (This Declaration is not required to be furnished by applicants, who are claiming refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub- of sub-section (8) of section 54.) 8. Verification I/We hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my/our knowledge and belief and nothing has been concealed therefrom. I/We declare that no refund on this account has been received by me/us earlier. Place Date Signature of Authorised Signatory (Name) Designation/ Status Annexure-1 Statement -1 [rule 89(5)] Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)] (Amount in Rs.) Turnover of inverted rated supply of goods and services Tax payable on such inverted rated supply of goods and services Adjusted total turnover Net input tax credit Maximum refund amount to be claimed [(1×4÷3)-2] 1 2 3 4 5 Statement 1

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, if any Integrated tax and cess involved in credit note, if any Net Integrated tax and cess (6+7+10 – 11) No. Date Value Taxable value Amt. No. Date 1 2 3 4 5 6 7 8 9 10 11 12 Statement- 3 [rule 89(2)(b) and 89(2)(c)] Refund Type: Export without payment of tax (accumulated ITC) (Amount in Rs.) Sr. No. Invoice details Goods/ Services (G/S) Shipping bill/ Bill of export EGM Details BRC/ FIRC No. Date Value Port code No. Date Ref No. Date No. Date 1 2 3 4 5 6 7 8 9 10 11 12 Statement- 3A [rule 89(4)] Refund Type: Export without payment of tax (accumulated ITC) – calculation of refund amount (Amount in Rs.) Turnover of zero rated supply of goods and services Net input tax credit Adjusted total turnover Refund amount (1×2÷3) 1 2 3 4 Statement-4 [rule 89(2)(d) and 89(2)(e)] Refund Type: On account of supplies made to SEZ unit or SEZ Developer (on payment of tax) (Amount in Rs.) GSTIN of recipient Invoice details Shipping bill/ Bill of export/ Endorsed invoice by SEZ Integrated

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ange in POS (inter-State to intra-State and vice versa) Order Details (issued in pursuance of sections 77(1) and 77(2), if any: Order No: Order Date: (Amount in Rs.) Recipients GSTIN/ UIN Name (in case B2C) Invoice details Details of tax paid on transaction considered as intra -State / inter-State transaction earlier Taxes re-assessed on transaction which were held inter State / intra- State supply subsequently Integrated tax Central tax State/ UT tax Cess Place of Supply Integrated tax Central tax State/ UT tax Cess Place of Supply No. Date Value Taxable Value 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Statement-7 [rule 89(2)(k)] Refund Type: Excess payment of tax, if any in case of last return filed. (Amount in Rs.) Tax period ARN of return Date of filing return Tax Paid in Excess Integrated tax Central tax State/ UT tax Cess 1 2 3 4 5 6 7 ] ******************** Notes-: 1. Inserted vide notification no. 55/2017 dated 15-11-2017 2. Substituted vide Notification No. 70/2017 Dated 21-12-2017,

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emporary ID 2. Legal Name 3. Trade Name, if any 4. Address 5. Tax period (if applicable) From To 6. Amount of Refund Claimed(Rs.) Act Tax Interest Penalty Fees Others Total Central tax State/UT tax Integrated tax Cess Total 7. Grounds of Refund Claim (select from drop down) (a) Excess balance in Electronic Cash Ledger (b) Exports of services- with payment of tax (c) Exports of goods/services- without payment of tax (accumulated ITC) (d) ITC accumulated due to inverted tax structure[under clause (ii) of first proviso to section 54(3)] (e) On account of supplies made to SEZ unit/ SEZ developer(with payment of tax) (f) On account of supplies made to SEZ unit/ SEZ developer (without payment of tax) (g) 2[Recipient of deemed export supplies/Supplier of deemed export supplies] 6[DECLARATION [second proviso to section 54(3)] I hereby declare that the goods exported are not subject to any export duty. I also declare that I have not availed any drawback of central excise duty/service tax/centra

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the amount of input tax credit availed in the valid return filed for the said tax period.I also declare that the supplier has not claimed refund with respect to the said supplies. In case refund claimed by supplier __ I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the recipient shall not claim any refund with respect of the said supplies and also, the recipient has not availed any input tax credit on such supplies. Signature Name – Designation / Status UNDERTAKING I hereby undertake to pay back to the Government the amount of refund sanctioned along with interest in case it is found subsequently that the requirements of clause (c) of sub-section (2) of section 16 read with sub-section (2) of section 42 of the CGST/SGST Act have not been complied with in respect of the amount refunded. Signature Name – Designation / Status] SELF- DECLARATION [rule 89(2)(l)] I/We _

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erted tax structure [clause (ii) of first proviso to section 54(3)] (Amount in Rs.) Turnover of inverted rated supply of goods Tax payable on such inverted rated supply of goods Adjusted total turnover Net input tax credit Maximum refund amount to be claimed [(1×4÷3)-2] 1 2 3 4 5 3[Statement 1A [rule 89(2)(h)] Refund type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)] Sl. No. Details of invoices of inward supplies received Tax paid on inward supplies Details of invoices of outward supplies issued Tax paid on outward supplies No. Date Taxable Value Integrated Tax Central Tax State/Un ion territory Tax No. Date Taxable Value Integrated Tax Central Tax State/Union territory Tax 1 2 3 4 5 6 7 8 9 10 11 12 13 ] 4[Statement- 2 [rule 89(2)(c)] Refund Type: Exports of services with payment of tax Sr. No. Invoice details Integrated tax Cess BRC/ FIRC Integrated tax and cess involved in debit note, if any Integrated tax and cess involv

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ote, if any Integrated tax and cess involved in credit note, if any Net Integrated tax and cess (8+9+10-11) No. Date Value No. Date Taxable Value Amt. 1 2 3 4 5 6 7 8 9 10 11 12 ] Statement-5A [rule 89(4)] Refund Type: On account of supplies made to SEZ unit / SEZ developer without payment of tax (accumulated ITC) – calculation of refund amount (Amount in Rs.) Turnover of zero rated supply of goods and services Net input tax credit Adjusted total turnover Refund amount (1×2÷3) 1 2 3 4 3[Statement 5B [rule 89(2)(g)] Refund type: On account of deemed exports (Amount in Rs) Sl. No. Details of invoices of outward supplies in case refund is claimed by supplier/ Details of invoices of inward supplies in case refund is claimed by recipient Tax paid No. Date Taxable Value Integrated Tax Central Tax State /Union Territory Tax Cess 1 2 3 4 5 6 7 8 ] 8. Substituted vide Notification No. 03/2019-Central Tax dated 29-01-2019 before it was read as DECLARATION [rule 89(2)(f)] I hereby de

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Anti-Profiteering Authority – Power to terminate the Chairman and Technical Member of the authority – Provisions of Rule 124 of GST Rules, 2017 amended.

Goods and Services Tax – Anti-Profiteering Authority – Power to terminate the Chairman and Technical Member of the authority – Provisions of Rule 124 of GST Rules, 2017 amended. – TMI Updates – Highlights

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Appointment of Appellate Authority – Additional Commissioner (Appeals) and Commissioner (Appeals) – assignment of jurisdiction in hierarchy – GST – New Rule 109A

Goods and Services Tax – Appointment of Appellate Authority – Additional Commissioner (Appeals) and Commissioner (Appeals) – assignment of jurisdiction in hierarchy – GST – New Rule 109A – TMI Updates – Highlights

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Form and manner of application to the Authority for Advance Ruling – Manual filing and processing – Goods and Services Tax – New Rule 107A

Goods and Services Tax – Form and manner of application to the Authority for Advance Ruling – Manual filing and processing – Goods and Services Tax – New Rule 107A – TMI Updates – Highlights

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Application for refund of tax, interest, penalty, fees or any other amount – Manual filing and processing – Goods and Services Tax – New Rule 97A

Goods and Services Tax – Application for refund of tax, interest, penalty, fees or any other amount – Manual filing and processing – Goods and Services Tax – New Rule 97A – TMI Updates – Highlights

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Manual filing and processing

Rule 97A – Rules – Refund – Central Goods and Services Tax Rules, 2017 – Rule 97A – 1[97A. Manual filing and processing. – Notwithstanding anything contained in this Chapter, in respect of any process or procedure prescribed herein, any reference to electronic filing of an application, intimation, reply, declaration, statement or electronic issuance of a notice, order or certificate on the common portal shall, in respect of that process or procedure, include manual filing of the said applicatio

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Appointment of Appellate Authority

Rule 109A – Rules – Appeals and Revision – Central Goods and Services Tax Rules, 2017 – Rule 109A – 1[109A. Appointment of Appellate Authority- (1) Any person aggrieved by any decision or order passed under this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act may appeal to – (a) the Commissioner (Appeals) where such decision or order is passed by the Additional or Joint Commissioner; (b) 2[any officer not below the rank of Joint Commissioner (Appeals)] where such decision or order is passed by the Deputy or Assistant Commissioner or Superintendent, within three months from the date on which the said decision or order is communicated to such person. (2) An officer directed under sub-section (2)

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Manual filing and processing

Rule 107A – Rules – Advance Ruling – Central Goods and Services Tax Rules, 2017 – Rule 107A – 1[107A. Manual filing and processing. – Notwithstanding anything contained in this Chapter, in respect of any process or procedure prescribed herein, any reference to electronic filing of an application, intimation, reply, declaration, statement or electronic issuance of a notice, order or certificate on the common portal shall, in respect of that process or procedure, include manual filing of the said

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Issue of consolidated tax invoice in case of banking company, NBFC etc. – For the words “supplier shall issue”, the words “supplier may issue” substituted

Goods and Services Tax – Issue of consolidated tax invoice in case of banking company, NBFC etc. – For the words “supplier shall issue”, the words “supplier may issue” substituted – TMI Updates – Highlights

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