Goods and Services Tax

Goods and Services Tax – Services provided by a goods transport agency to an unregistered person, including an unregistered casual taxable person, other than the following recipients, namely: – (a) any factory registered under or governed by the Factories Act, 1948(63 of 1948); or (b) any Society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India; or (c) any Co-operative Society established by or under any l

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Goods and Services Tax – Supply of service by a Government Entity to Central Government, State Government, Union territory, local authority or any person specified by Central Government, State Government, Union territory or local authority against consideration received from Central Government, State Government, Union territory or local authority, in the form of grants. ****************************** Note: As Inserted vide vide notification no. 33/2017 dated 13.10.2017

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Goods and Services Tax – Started By: – RAJNI TOMAR – Dated:- 15-10-2017 Last Replied Date:- 18-10-2017 – Dear Expert,We received some food goods (Namkin etc.) and sponsorship services from unregistered person and paid GST under RCM. can we eligible for availed ITC thereon?Thanks in advance – Reply By RAJA SWAMINATHAN – The Reply = The Tax paid on reverse charge basis including purchases from unregistered dealers will be available for input tax credit provided such goods and/or services are used

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Goods and Services Tax – GST Rate Schedule – notifying rates of IGST @ 5%, 12%, 18%, 28%, 3% and 0.25% on supply of goods. – Notification as amended – TMI Updates – Highlights

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Goods and Services Tax – Started By: – SANTOSH POPHALE – Dated:- 15-10-2017 Last Replied Date:- 18-10-2017 – Dear sir,we have raised supplymentory invoice to customer in SAP on 13-Oct-17 , but customer not accept our invoice & says your invoice is wrong & may be cancel at your end.please suggest can we cancel this invoice? OR can book credit note to customer?if we issue credit note, can we knock off in GST return supplymentory inv (debit note) & credit notea waited for your valueable reply pl.Thanks & Regards,s.g.pophale – Reply By Rajagopalan Ranganathan – The Reply = Sir, As per Section 34 (1) of CGST Act, 2017 where a tax invoice has been issued for supply of any goods or services or both and the taxable value or tax cha

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Goods and Services Tax – Rates for supply of services under IGST Act – Notification as amended – TMI Updates – Highlights

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Goods and Services Tax – Mandatory payment of GST under reverse charge mechanism (RCM) on supply of Goods – Notification as amended – TMI Updates – Highlights

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Goods and Services Tax – Absolute Exemption from IGST / GST on supplies of goods – Notification as amended – TMI Updates – Highlights

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Goods and Services Tax – Mandatory payment of GST under reverse charge mechanism (RCM) on supply of services – Notification as amended – TMI Updates – Highlights

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Goods and Services Tax – The services provided by Overseeing Committee members to RBI shall be taxed under the reverse charge mechanism under GST – TMI Updates – Highlights

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Goods and Services Tax – Exempted supply of services under IGST – Notification as amended – TMI Updates – Highlights

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Goods and Services Tax – Reverse Charge Mechanism (RCM) – payment of tax u/s 5(4) of the IGST Act, 2017 exempted till 31.03.2018 – TMI Updates – Highlights

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Goods and Services Tax – Exemption for inter state supply of handicraft goods from the requirement to obtain registration under GST – Notification as amended – TMI Updates – Highlights

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 14-10-2017 Last Replied Date:- 16-10-2017 – Can we adjust GST Liability on advance received from customers against ITC available during the month or we have to make cash payment only like RCM. – Reply By Rajagopalan Ranganathan – The Reply = Sir, You can adjust GST Liability on advance received from customers against ITC available during the month. There is no prohibition against such adjustment in CGST Act, 2017. – Reply By

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Goods and Services Tax – Composition Scheme – value of supply of any exempt services shall not be taken into account – TMI Updates – Highlights

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 14-10-2017 Last Replied Date:- 30-12-1899 – GST practitioners are governed by section 48 of the CGST Act, 2017 and Rules 83 and 84 CGST Rules, 2017 which provide for conduct, procedure, functioning etc of GST practitioners. GST Practitioner (GSTP) As per section 2(55) of CGST Act, 2017, 'Goods and Services Tax Practitioner (GSTP)' means any person who has been approved under section 48 of the CGST Act, 2017 as GST practitioner. As per section 48 and rules to the Act, GST Practitioner is a tax professional who can prepare returns and perform other activities on the basis of the information furnished to him by a taxable person. However, the legal responsibility of such filings remains with the Taxpayer. For this purpose, GST Practitioners (GSTP) are required to be enrolled with Centre or State Authority. CA, CS, CMA, Advocates, Retired Government Officials, and Graduates are eligible to apply for registration. In

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shall provide for the conditions and stipulations and a GSTP shall fulfil those conditions which may be in respect of following: eligibility conditions duties and obligations, functioning, and manner of removal etc. Sub rule (1) of rule 83 of CGST Rules, 2017 provides the following eligibility conditions to get enrolled as GST Practitioner. Accordingly, any person who: (i) is a citizen of India, (ii) is a person of sound mind, (iii) is not adjudged as insolvent, and (iv) has not been convicted by a competent court for an offence with imprisonment not less than two years. can become a GST practitioner. Preconditions for enrolling as a GST Practitioner A GST Practitioner must fulfil the following conditions before he/she can enroll on the GST Portal: Applicant must have a valid PAN Card Applicant must have a valid mobile number Applicant must have a valid e-mail ID Applicant must have a professional address Applicant must have the prescribed documents and information on all mandatory fie

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mentioned insub-clause (i); or (iii) any other examination notified by the Government, on the recommendation of the Council, for this purpose; or (iv) has passed any of the following examinations, namely:- (a) final examination of the Institute of Chartered Accountants of India; or (b) final examination of the Institute of Cost Accountants of India; or (c) final examination of the Institute of Company Secretaries of India. In other words, it can be said that the following persons are eligible for becoming a GST Practitioner: Chartered Accountant Company Secretary Cost and Management Accountant Advocate Person who has passed: Graduate or Postgraduate degree in Commerce Graduate or Postgraduate degree in Banking Graduate or Postgraduate degree in Business Administration Graduate or Postgraduate degree in Business Management Degree examination of any recognized Foreign University recognized by any Indian University as equivalent to degree examination Retired Government Officials As per su

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tion within the said period of one year. No person shall be eligible to attend before any authority as a goods and services tax practitioner in connection with any proceedings under the Act on behalf of any registered or un- registered person unless he has been enrolled under rule 83. Show cause notice against GST Practitioner If the GST practitioner is found guilty of misconduct, his enrolment is liable to be cancelled. Where any goods and services tax practitioner is found guilty of misconduct in connection with any proceedings under the Act, the authorised officer may, after giving him a notice to show cause in FORM GST PCT-03 for such misconduct. Further, after giving him a reasonable opportunity of being heard, by order in FORM GST PCT -04 he can be directed that he shall henceforth be disqualified under section 48 to function as a goods and services tax practitioner. Functions performed by GST Practitioner As per Rule 83(8) of CGST Rules, 2017, a GST practitioner can undertake an

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registered person on whose behalf such return and details are furnished. Any statement furnished by the GST practitioner shall be made available to the registered person on the GST Common Portal. For every statement furnished by the GST practitioner, a confirmation shall besought from the registered person over email or SMS.The registered person before confirming, should ensure that the facts mentioned in the return are true and correct before signature. However, failure to respond to request for confirmation shall be treated as deemed confirmation. A GST practitioner shall also be allowed to appear as authorised representative before any officer of department, Appellate Authority or Appellate Tribunal, on behalf of such a registered person who has authorised him to be his GST practitioner. Change of GST Practitioner A taxpayer may choose a different GST Practitioner by simply un-selecting the previous one and then choosing a new GST Practitioner on the GST portal. = = = = = = = = = –

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Goods and Services Tax – GST – Dated:- 13-10-2017 – It has been observed that taxpayers are facing problem in claiming transitional credit in respect of existing registration under earlier laws of Central Excise, Service Tax and VAT. When these registrations are mentioned in the TRAN 1 form in different tables, and transitional credit claimed against them, the tax payers gets the message of processed with error when they save such details. This happens because the application validates the furnished registration number under existing laws in TRAN 1 with the registration number mentioned in the registration/enrolment application. Hence, to claim transitional credit in respect of earlier registrations one must first include them in his enrol

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Goods and Services Tax – GST – Dated:- 13-10-2017 – Advisory for uploading invoice level data in GSTR 1 using Offline Tool : A. While uploading data in GSTR 1, by the taxpayers there are discrepancy in number of invoices and other details, which are filled in in excel and uploaded and which are finally accepted on the Portal. The differences arises at two stages as given below: 1. Discrepancy in summary of invoices and other details displayed in the Offline tool and that shown in the excel sheet 2. Discrepancy between summary shown in Offline Tool and that in the Tile on the Form GSTR-1 at the Portal B. The detail reasons of the same are analysed below: 1. Discrepancy in summary of invoices and other details displayed in the Offline tool a

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) and – (hyphen) only. There should not be any duplicate entry of invoices. iii. Incorrect GSTN format entered in excel. GSTIN entered should be of 15 character & alphanumeric with no blanks or special character in between. iv. Incorrect data entered after decimal. Only two digits need to be entered after decimal. d. It has been noticed that many taxpayers are entering data in excel sheet. But they are not using excel template provided by GSTN. Sometimes excel template, being used by taxpayers, has same format as provided by GSTN. However, in many cases these excels, used by taxpayers, do not have any validations, as put in the excel template provided by GSTN, given as part of Offline Tool. Use of different format of excel template, wit

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hecks performed at the GST portal: i. Correctness of GSTIN of buyers (whether GSTIN is active or not). If GSTIN is not active then invoice will be rejected on uploading on portal. ii. Duplicate invoice number, with respect to data uploaded earlier on the portal by the taxpayer. iii. Whether the Invoice Number, mentioned in the Credit Note/Debit Note already exists in the GST portal or not. iv. In Export shipping bill number and date is checked. Moreover date of shipping bill must be on or after Invoice Date. c. The invoices that fail on account of above validations are put in error report which can be generated and downloaded from the portal. d. On account of this the number of accepted invoices and credit/debit notes goes down which is sho

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Goods and Services Tax – Started By: – ROHIT GOEL – Dated:- 13-10-2017 Last Replied Date:- 1-11-2017 – IN A CASE GOODS ARE PURCHASED FOR RS. 100 AND GST OF RS. 12 PAID TO SELLER. SUBSEQUENT TO THIS SELLER ISSUES AN ADDITIONAL DISCOUNT OF RS. 5/- AGAINST GOODS OF RS. 100/- BUT THE AMOUNT IS NOT REVERSED THROUGH DEBIT / CREDIT NOTES. SELLER SAYS THAT HE WILL NOT ISSUE ANY CREDIT NOTE AND THERE IS NO REQUIREMENT FOR US TO ISSUE DEBIT NOTE IMPLYING THAT GST OF RS. 12/- IS PAID TO GOVERNMENT TAKING TRANSACTION VALUE OF RS. 100/- INPLACE OF NET VALUE OF RS. 95/-.IN SUCH A SCENARIO IF I DEBIT RS 100/- AS PURCHASE AND REDUCE DISCOUNT OF RS. 5/- FROM PURCHASES MAKING IT NET AT RS. 95/-. CAN I WILL BE ELIGIBLE FOR GST INPUT OF RS. 12/- OR IT WILL BE

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Goods and Services Tax – GST – Dated:- 13-10-2017 – In case a supplier fails to upload few invoice(s) for supplies to registered persons in his GSTR1 and has filed here is no need for undue concern for the recipient (buyer). Though, no invoices can be added to a GSTR 1 once it is filed, there are, yet two ways in which the recipient can claim credit and the supplier can discharge his liability on such invoices. These are, The recipient can add such invoices in his GSTR 2. These added invoices w

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Goods and Services Tax – New Notifications under CGST, IGST and UTGST as on 13-10-2017 issued – TMI Updates – Highlights

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Goods and Services Tax – GST – Dated:- 13-10-2017 – CGST No. 45/2017 – Dated: 13-10-2017 – CGST Seeks to amend the CGST Rules, 2017 No. 44/2017 – Dated: 13-10-2017 – CGST Seeks to extend the time limit for submission of FORM GST ITC-01 No. 43/2017 – Dated: 13-10-2017 – CGST Seeks to extend the time limit for filing of FORM GSTR-6 No. 42/2017 – Dated: 13-10-2017 – CGST Seeks to extend the time limit for filing of FORM GSTR-5A No. 41/2017 – Dated: 13-10-2017 – CGST Seeks to extend the time limit for filing of FORM GSTR-4 No. 40/2017 – Dated: 13-10-2017 – CGST GST on receipt of advance – payment of tax to be made on issuance of invoice by registered persons having aggregate turnover less than ₹ 1.5 crores No. 39/2017 – Dated: 13-10-2017

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GST Rate Seeks to amend notification No. 13/2017-CT(R) regarding services provided by Overseeing Committee members to RBI under RCM No. 32/2017 – Dated: 13-10-2017 – CGST Rate Seeks to amend notification No. 12/2017-CT(R) No. 31/2017 – Dated: 13-10-2017 – CGST Rate Seeks to amend notification No. 11/2017-CT(R) IGST No. 11/2017 – Dated: 13-10-2017 – IGST Seeks to cross-empower State Tax officers for processing and grant of refund under IGST No. 10/2017 – Dated: 13-10-2017 – IGST Persons making inter-State supplies of taxable services shall be exempted from registration u/s 23(2) where turnover is not exceeding ₹ 20 Lacs No. 9/2017 – Dated: 13-10-2017 – IGST Seeks to amend notification no. 8/2017-IT dated 14.09.2017 so as to add certain

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Goods and Services Tax – Started By: – Anil Kumar – Dated:- 13-10-2017 Last Replied Date:- 16-10-2017 – Dear Sir,We undertake Job work of solvent Distillation, the solvent is sent for distillation by the principle, on completion we raise a Invoice for the job work charges, does the charges is taxed in GST, please clarify.RegardsANil KUmar M – Reply By KASTURI SETHI – The Reply = Job work is taxable service. GST is applicable. – Reply By RAJA SWAMINATHAN – The Reply = Job Work Charges are taxabl

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Goods and Services Tax – Persons making inter-State supplies of taxable services shall be exempted from registration u/s 23(2) where turnover is not exceeding ₹ 20 Lacs – Notification – TMI Updates – Highlights

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 13-10-2017 Last Replied Date:- 25-11-2017 – Merchant Exporter can export goods while charging concessional rate of 0.01% GST as per decision of GST Council in its 22nd Meeting held on 6th October,2017.In view of the above merchant exporter can procure goods for export with full rate of GST or any concessional rate?Secondly the above concession is only for merchant exporter and manufacture exporter also. – Reply By Rajagopalan

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