Goods and Services Tax – Suppliers of services through an e-commerce platform exempted from obtaining compulsory registration if aggregate turnover is not exceeding rupees 20 lacs [Rs. 10 lacs in case
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST on receipt of advance – Now all assessee are allowed pay tax at time of supply of goods [This concession is not for service providers] – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Services – General Exemption from GST – CGST / UTGST / SGST / IGST – Table as amended – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Rate of Tax on Services – Table as amended – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Exempts Skimmed milk powder, or concentrated milk – supplied to a distinct person – for distribution through dairy cooperatives or companies – Notification as amended – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Rates for supply of services under IGST Act – Notification as amended – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Concessional GST rate of 5% on scientific and technical equipments supplied to public funded research institutions. – Notification – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Supplies of goods in respect of which no refund of unutilised input tax credit shall be allowed – Notification as amended [restriction of ITC on certain fabrics] – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Reverse charge on certain specified supplies of goods u/s 5(3) – Notification as amended [To include Raw cotton under mandatory RCM mechanism] – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – MohanLal tiwari – Dated:- 15-11-2017 Last Replied Date:- 18-11-2017 – Dear Experts, We are supplying goods to various Govt agencies like Railways & defense, PSUs and private sector industries on payment of GST. If any materials gets rejected and needs to be rectified / replaced, we have to get back the materials but the Govt. Agencies and PSUs are not issuing GST Invoice for return of goods on the ground that they have not accepted & accounted for the goods (GRN not issued) and not taken any ITC credit of GST. Kindly advise how to get back the rejected GST paid goods and replace without paying GST twice. Can we issue Credit Note against our invoice and take back the credit of GST paid and issu
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
not accounted and not taken ITC.2. Ask them to send (return) the goods on a Delivery Challan (returning the goods is not a supply)3. Issue Credit Note to reduce your tax liability and your accounting.4. After receipt of the material and issuance of credit note, supply the replacement on a new Invoice.RegardsS.Ramaswamy – Reply By MohanLal tiwari – The Reply = Mr Ramaswamy Thanks for valued suggestion. I am also in same opinion but the issue is, we have already paid GST against supply of goods in July'17 and submitted GSTR-3B. If we issue Credit Note today, how the GST amount will be credited in our account / GST Credit Ledger. – Reply By Ramaswamy S – The Reply = Issue the credit note in the current month and it reduces the current mont
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 15-11-2017 Last Replied Date:- 16-11-2017 – Under GST, The merchant exporter has to mentioned details of suppliers such as Tax invoice number,GSTN No. in their shipping bill. In routine the exporter has pass shipping bill in advance (Before procure material from supply) now exporter insists invoice from supplier before removal of material from suppliers premises . (In short the material may be despatched from supplier after t
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Heading 9996 – Goods and Services Tax – Services by way of admission to a protected monument so declared under the Ancient Monuments and Archaeological Sites and Remains Act 1958 (24 of 1958) or any o
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Sagar Rijal – Dated:- 15-11-2017 Last Replied Date:- 16-11-2017 – 1. Incase of Supply of Bamboo by a local supplier(Individual in Nature & Unregistered Under GST Law)2. Supply of Bamboo by a registered Dealer (Other than Individual)** Even my questions seem confusing to myself, so dear experts please provide me the coverage of Bamboo suply under GST law briefly. – Reply By CS SANJAY MALHOTRA – The Reply = Dear Mr. Sagar, Liability to pay GST on supply of goods is with Buyer if his turnover exceeds the threshold limit of ₹ 20 Lacs / ₹ 10 Lacs (hilly areas) p.a. as the case may be in last F.Y. Liability to pay GST in respect of purchase of goods from Unregistered Persons was with Buyer o
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ent under Chapters 14, 44, 46 & 94 of GST Tariff Act depending upon the nature and usage of the product. As handicraft it is exempted vide Notification No.8/17-I.T. dated 14.9.17. You will have to take decision for correct classification. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = I also endorse the views of Shri Malhotra. – Reply By Ganeshan Kalyani – The Reply = HSN classification is crucial tax. One need to select is appropriately. – Reply By Sagar Rijal – The Reply = Thank you experts. Sethi Sir can you Provide me the Pdf format of GST tariff Act? I was unable to find it. KINDLY PLEASE SIR! – Reply By KASTURI SETHI – The Reply = Yes. It is possible through email ID only . So send email ID through whatsapp. – Discussion-Forum –
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Manish Sulakshane – Dated:- 15-11-2017 Last Replied Date:- 16-11-2017 – Dear SirWe are manufacturer of Finned Tube Heat exchangers used in Refrigeration and Air conditioning Industries.The sale of our Products attracts GST @28 % earlier and as per the recent Council meets held at Gauhati last week, it has been reduced to 18%.One of our Customer who wishes to buy the Units from us has informed that they would be submitting us EPCG license along with invalid
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Chapter 99 – Goods and Services Tax – Supply of services having place of supply in Nepal or Bhutan, against payment in Indian Rupees ******************************
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Manish Sulakshane – Dated:- 15-11-2017 Last Replied Date:- 15-11-2017 – I want to know – RCM on Freight withdraw or not? – Reply By CS SANJAY MALHOTRA – The Reply = RCM on freight still exists as per Section 9(3) of CGST and 5(3) of IGST. Nothing has been withdrawn as on date. – Reply By Ramaswamy S – The Reply = RCM on GTA continues.RegardsS.Ramaswamy – Reply By Ganeshan Kalyani – The Reply = RCM on freight (GTA) is still in force. – Discussion-Forum – Kn
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Central Excise – Started By: – Nageswara Rao Sripada – Dated:- 15-11-2017 Last Replied Date:- 16-11-2017 – Rebate claims have been sanctioned in post GST regime of the claims submitted in pre GST regime. Amounts have been sanctioned by way of Cenvat credit. How to claim such credit. Is there provision in GSTR-TRAN.1 which is yet to be filed. I hardly find such provision in TRAN-1. Please come to my rescue with your valuable suggestions of way out. – Reply By KASTURI SETHI – The Reply = Throw ball in the court of the department. You must apply for cash refund again against same order. You have a solid ground that there is no such provision in Common Portal of GST at present. See the jurisdictional Commissioner in person.You can get refund in cash. Make all out efforts. I am sure you will be successful. – Reply By Ramaswamy S – The Reply = The time limit to file the revised TRAN-1 is upto 31st Dec 2017. So, suggest that please incorporate the amount in coloumn 7A of the TRAN-1 wherein i
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ed by any person before, on or after the appointed day, for refund of any amount of CENVAT credit, duty, tax, interest or any other amount paid under the existing law, shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be paid in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944. Sec 142(6) (a) every proceeding of appeal, review or reference relating to a claim for CENVAT credit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of existing law, and any amount of credit found to be admissible to the claimant shall be refunded to him in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of sub-section (2) of section 11B of the Central Ex
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
d by Sri Sanjay Sir clarifies the law. You must get refund in cash. Reproduce the said provision in your reply. – Reply By Ramaswamy S – The Reply = With due respects,would suggest the following: There is a time limit to file the appeal. The appeal has to be heard and the order is to be passed to sanction the refund in cash. If the amount of Cenvat through the order is transferred to GST through TRAN-1 iimmediately by revising the TRAN-1, it gets reflected and can be utilised for payment of GST. If not reflecting in TRAN-1, then can file the appeal and follow the process. This shall mitigate the uncertainiity as well as the blockage of funds. No harm in trying. Regards S.Ramaswamy – Reply By KASTURI SETHI – The Reply = Dear Sir, I agree with you to the extent that there is no harm in trying but I see no hope at all. We are hoping against hope. After issuance of OIO, the assessee has to follow legal procedure/course and that is filing appeal with the Commissioner (Appeals). – Reply By G
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Manish Sulakshane – Dated:- 15-11-2017 Last Replied Date:- 15-11-2017 – Can we removed the goods without charging GST? If no, than what is the producer of Refund the GST.Please guide. – Reply By Ramaswamy S – The Reply = GST is payable and the refund can be claimed either by the supplier or the recipient. For the procedure, please refer to Notifications 47-49/ 2017 Central Tax read with Circular No 14/14/2017. Regards S.Ramaswamy – Reply By CS SANJAY MALHO
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Latest GST Notifications (CGST Rate and IGST Rate) to give effect to gst council decisions – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – Dated:- 15-11-2017 – IGST Notifications (Rate) No. 50/2017 – Dated: 14-11-2017 – IGST Rate Seeks to amend notification No. 30/2017-Integrated Tax (Rate) dated 22.09.2017, so as to extend the benefit of IGST exemption, applicable in relation to supply of Skimmed milk powder, or concentrated milk for use in the production of milk distributed through dairy co-operatives to the companies that are registered under the Companies Act, 2013 also. No. 49/2017 – Dated: 14-11-2017 – IGST Rate Seeks to amend notification No. 9/2017-IT(R) so as to extend exemption to admission to protected monument and to consolidate entry at Sl. No. 12A & 12B. No. 48/2017 – Dated: 14-11-2017 – IGST Rate Seeks to amend notification No. 8/2017-IT(R) so as to specify rate @5% for standalone restaurants and @18% for other restaurants, reduce rate of job work on handicraft goods @ 5% and to substitute Services provided in item (vi) against Sl No. 3 in table. No. 47/2017 – Dated: 14-1
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
notification No. 12/2017-CT(R) so as to extend exemption to admission to protected monument and to consolidate entry at Sl. No. 11A & 11B. No. 46/2017 – Dated: 14-11-2017 – CGST Rate Seeks to amend notification No. 11/2017-CT(R) so as to specify rate @ 2.5% for standalone restaurants and @9% for other restaurants, reduce rate of job work on handicraft goods @ 2.5% and to substitute Services provided in item (vi) against Sl No. 3 in table. No. 45/2017 – Dated: 14-11-2017 – CGST Rate seeks to provide concessional GST rate of 2.5% on scientific and technical equipments supplied to public funded research institutions. No. 44/2017 – Dated: 14-11-2017 – CGST Rate seeks to amend notification no. 5/2017- Central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding restriction of ITC on certain fabrics. No. 43/2017 – Dated: 14-11-2017 – CGST Rate seeks to amend notification no. 4/2017- Central tax(rate) dated 28.06.2017 to give effect to gst council decision regardi
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
– CGST Seeks to extend the time limit for furnishing the return in FORM GSTR-6 for the month of July, 2017 No. 61/2017 – Dated: 15-11-2017 – CGST Seeks to extend the time limit for furnishing the return in FORM GSTR-5A for the months of July to October, 2017 No. 60/2017 – Dated: 15-11-2017 – CGST Seeks to extend the time limit for furnishing the return in FORM GSTR-5, for the months of July to October, 2017 No. 59/2017 – Dated: 15-11-2017 – CGST Seeks to extend the time limit for filing of FORM GSTR-4 No. 58/2017 – Dated: 15-11-2017 – CGST Seeks to extend the due dates for the furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of more than ₹ 1.5 crores No. 57/2017 – Dated: 15-11-2017 – CGST Seeks to prescribe quarterly furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of upto ₹ 1.5 crore No. 56/2017 – Dated: 15-11-2017 – CGST Seeks to mandate the furnishing of return in FORM GSTR-3B till March, 2018 No. 55/2017 – Dated: 15-11-2017 – C
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 15-11-2017 – The provisions for determining place of supply are given in chapter V of IGST Act, 2017 which covers section 10 to 14 of IGST Act,. Section 12 determines the place of supply of services where the location of supplier of services and the location of the recipient of services is in India. Thus, section 12 will apply only where the location of supplier as well as the recipient is in India. Similarly, section 13 determines the place of supply of services where the location of the supplier of services or the location of the recipient of services is outside India. Thus, this section prescribes the provisions for determining the place of supply in case where either the location of supplier or the location of recipient of service is outside India. This section uses the word or , therefore, there arises a question as to which section will apply in case location of both recipient of service as well as supplier of service i
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
se, there are divergent views of experts, one being that the given case is outside the purview of GST as both the supplier and recipient are outside . In this regard, there is another view which states that in this case, the section 13 will not apply at all as this transaction is out of purview of GST law. In this regard, it is worthwhile to mention here that CGST will be levied if transaction falls in charging section 9 of CGST Act, 2017 and IGST will be levied if the transaction falls in purview of charging section 5 of IGST Act, 2017. Section 9 of CGST Act, 2017; there shall be levied a tax called the central goods and services tax on all intra-State supplies of goods or services or both… Likewise, charging section 5 of IGST Act, 2017 states that there shall be levied a tax called the integrated goods and services tax on all inter-State supplies of goods or services or both.. Therefore, to fall in the provisions of CGST Act and IGST Act; there has to be either intra-state or inter
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ted to be a supply of services in the course of inter-State trade or commerce. This section is also not applicable as under section 2(11) of IGST Act, 2017, import of service is there if the service provider is located outside India, service recipient is located in India and place of supply is in India. In the given case, both service provider and recipient are located outside India, therefore, this clause is not applicable. Section 7(5):-(5) Supply of goods or services or both,- (a) when the supplier is located in India and the place of supply is outside India; (b) to or by a Special Economic Zone developer or a Special Economic Zone unit; or (c) in the taxable territory, not being an intra-State supply and not covered elsewhere in this section, shall be treated to be a supply of goods or services or both in the course of inter-State trade or commerce. The given case will fall under the residual clause (c) of section 7(5). Accordingly, the supply of service will be treated as inter-st
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 15-11-2017 Last Replied Date:- 21-11-2017 – Form GSTR-3B is summary return inserted by Government vide Rule 61 of the CGST Rules,2017 in lieu of Form -GSTR-3 . It is a summary return in place of GSTR-3. Form was introduced as time gap arrangement to collect the tax from the payer of tax. Since all the periodical monthly return were delayed and tax payers were not able to understand and file the returns on time. Government has come out with the temporary solution to introduce Form-3B and start collecting the tax. This return was not thought of at the time of making the GST Act. Moreover this return is so poorly drafted which is full of deficiency. One of the most dangerous part of the return is that after submit the return you can not make changes. Pay off section of the return is made after the submission of the return means thereby if you did any mistake and then you are caught and struck. Now I will elaborate the history
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ted 08.08.2017.
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
section of Eligible ITC , for claiming ITC you have to fill the figure in sub clause -v of clause -4 and instead by mistake you fill the figure one line down which is of clause -B-1 then impact of the same shall be double. Instead of claiming ITC the same shall convert in to liability. Suppose you fill the figure of ₹ 10000 wrongly in clause-B then liability shall be increased by 20000. And if you submitted the return and next stage is payoff . For the said mistake you need to pay ₹ 20000 first and then you can file the Form-3B. Means thereby a small mistake can lead you to pay heavy amount and there is no recourse to it. Moreover there is no provision of filing the revised return.
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
sumed that none of the above said returns will be filed on due date till 31.3.2018.
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
means that for the Quarter October to December, 2017 the payment shall be due on 20.1.2018. If the Form -3B to be filed by all taxpayer including the quarterly taxpayer one need to pay the taxes on monthly basis. This is totally contradictory to provision of GST act and rules thereof.
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
GST – Order No. 10/2017 – Dated:- 15-11-2017 – F. No. 349/58/2017-GST
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
GST – Order No. 9/2017 – Dated:- 15-11-2017 – F. No. 349/58/2017-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs *** New Delhi, the 15th November, 2017 Order No. 9/2017-GST Subject: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117 of the Central Goods and Service Tax Rules, 2017 In exercise of the powers conferred by rule 117 of the Central Goods and Services Tax Rules, 2017 read with section 168 of th
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
GST – States – 16718/CT/POL/56/3/2017 – Dated:- 15-11-2017 – OFFICE O THE COMMISSIONER OF COMMERCIAL TAXES, ODISHA, CUTTACK No. 16718/CT/POL/56/3/2017 Dated: 15.11.2017 To The General Manager Indian Oil Corporation Limited Indian Oil Bhavan, Odisha State Office Consumer Sales Department, 3rd Floor Plot No. A/2, Chandrasekharpur Bhubaneswar-751024 Sub: Issue of C Form for purchase of Non-GST Products on Inter-State basis Sir, In inviting a reference to the letter referred to above, I am directed to say that the communications annexed thereto were examined and the issues raised therein are clarified as follows:- 1. It was clarified very clearly in para 9 of the Circular No. 12539/CT dated 17.08.2017 that dealers including works contractors,
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ection (1) of Section 8 is registration under the CST Act. Consequent upon migration to the GST regime, the registration granted earlier under the CST Act became automatically invalid. 4. New registration can be granted under Section 7(1) of the Act only if a dealer is liable to pay tax on account of inter-state sales of the goods enumerated in clause (d) of Section 2 of the CST Act. Similarly, registration can also be granted to dealers who are liable to pay tax under the OVAT Act. Under no other circumstances, grant of registration can be considered. 5. Without registration, making inter-state purchase availing the concessional rate prescribed under sub-section (1) of Section 8 is simply not possible. 6. The recent clarification issued by
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
m of power. On the other hand, the said clarification does not dispense with the requirement of registration under the Act for availing the rate prescribed in Section 8 (1). It is reiterated that registration under the Act is the primary condition for a dealer to avail the rate prescribed in Section 8 (1). Therefore, the dealers who are no more liable to pay tax under the CST Act or under the OVAT Act cannot be considered for grant of registration. Consequently, they cannot make inter-state purchase of any of these six goods against Form C. Therefore, it is hereby re-iterated that all the instructions contained in the CCT Circular No. 12539/CT dated 17.08.2017 stand intact even after issue of the above said clarification by Government of In
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
