Goods and Services Tax

Goods and Services Tax – GST – By: – Swati Kharkia – Dated:- 12-10-2017 Last Replied Date:- 15-10-2017 – GST – One Nation One Tax – is an initiative by the Government to eliminate various indirect taxes and incorporate all of them into one, thereby reducing the tax complexity. But five products viz petroleum crude, high-speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel – the Panchratnas were not lucky enough to be given the opportunity to taste the fruits of this simple tax regime. In this regard, reference may be made to Section 9(2) of the CGST Act, 2017 which states that the central tax on the supply of petroleum crude, high-speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel shall be levied with effect from such date as may be notified by the Government on the recommendations of the Council. A perusal of the above indicates that the Government may bring these five petroleum products into the GST re

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rices would be reduced to almost half. If we look into the present situation of the economy, petrol prices recently touched ₹ 80/litre in Mumbai, ₹ 74/litre in Kolkata while it is over ₹ 70/litre in Delhi and Bangalore. According to the data released by the Indian Oil Corporation BSE for the petrol price build up in Delhi, the fuel costs only ₹ 26.65 at the refineries. Dealers get a litre of petrol at ₹ 30.70 which is sold at ₹ 70.39/litre in Delhi. This means that ₹ 39.69 is charged as tax component and dealer's commission on every litre of petrol sold (More than even the purchase price of the dealer!) So we are being looted in the name of taxes! Worse than that, the Oil companies are suffering since the day GST has got implemented. They have been left at the mercy of their accountants since dealing in different kinds of taxes at the same time has become a major challenge. Complying with all the tax laws (new and old) for each transaction

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transportation. How do such issues get resolved? Had it been a One-Tax regime, such a situation would not have arisen. As per the latest report, petrol pumps across the nation have threatened to go on a 24 -hour strike on 13th October 17 due to long pressing demands being ignored, one of them being their inclusion in the GST regime. If the strike really happens, the loss of revenue to the economy would be magnificent. Is this really worth it, I mean, in an economy which calls itself republic, people have to go on strike to get their demands met! With all such problems creeping in, there is still a ray of hope that the Panchratnas are brought into the GST regime as soon as possible. If the Government wants to give Diwali gifts in the real sense, then will it not be better to first starting with lowering the prices of oil and then extending benefits to the batti which cannot be lit without the oil! Disclaimer: The views expressed in this article are strictly personal – Reply By KASTURI

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Customs – PUBLIC NOTICE NO. 44/2017 – Dated:- 12-10-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS CUSTOM HOUSE, PORT AREA, VISAKHAPATNAM – 530 035 F. No. S2/08/2017-EDI Date: 12/10/2017 PUBLIC NOTICE NO. 44/2017 Sub: Validation of Bank Accounts in the Public Financial Management System (PFMS) for speedy & smooth disbursal of IGST (Integrated Goods & Services Tax) Export Refund-reg. Attention of all the importers, exporters, Customs brokers, and other stake holders is invited to the processing of refund of IGST paid on goods exported. 2. In this context, it is again clarified that the shipping bill itself are treated as the refund application with effect from 01/

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"closed" bank accounts of the exporters still exist in the system and PFMS has invalidated such accounts making the prospective disbursal of IGST refund to such closed accounts impossible. Accordingly, the list of accounts, which are not validated by PFMS pertaining VCH (Export) is uploaded on the website of the "Visakhapatnam Customs House" (www.Vizagcustoms.gov.in) under the heading "Latest for wider publicity and necessary action at the end of the concerned exporters. 5. In view of the above, exporters are advised to update their bank accounts immediately and not to make any changes in the same during the current financial year for smooth disbursal of IGST Refund. 6. Difficulties if any may be brought to the not

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GST – States – Order No. 18-2017-18/GST – Dated:- 12-10-2017 – GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DEPARTMENT OF TRADE AND TAXES GST BRANCH VYAPAR BHAWAN : I.P. ESTATE: NEW DELHI-02 No. F.2(13)/Policy-GST/2017/933-39 Dated 12/10/2017 ORDER NO. 18-2017-18/GST Subject : Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117 of the Delhi Goods and Services Tax Rules, 2017 In exercise of the powers conferred by rule 117 of the Delhi Goods and Services

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GST – States – EXN-F(10)-19/2017 – Dated:- 12-10-2017 – Government of Himachal Pradesh Excise and Taxation Department No. EXN-F(10)-19/2017 Dated: Shimla-2, the 12th October, 2017 NOTIFICATION In pursuance of the proviso to sub-section (1)(c) of section 174 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), the Governor of Himachal Pradesh, hereby rescinds the following notifications issued under the laws shown in Col. (3) of the table against each notification, namely:- Sr.No. Notification Number and Date of issuance Name of the Act under which Notification has been issued. Col. (1) Col. (2) Col. (3) 1. EXN-F(9)2/81-III dated 20th May, 1992 published in the Rajpatra, Himachal Pradesh on 27th May, 1992 The Central Sales

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s Tax Act, 1956 7. EXN-F(1)-2/2004-Part dated 23rd October, 2009 published in the Rajpatra, Himachal Pradesh on 24th October, 2009 The Himachal Pradesh Value Added Tax Act, 2005 8. EXN-F(5)-6/2006-Vol-I dated 1st April, 2013 published in the Rajpatra, Himachal Pradesh on 1st April, 2013 The Central Sales Tax Act, 1956 9. EXN-F(5)-6/2006-Vol.-II dated 18th July, 2014, published in the Rajpatra, Himachal Pradesh on 19th July, 2014 The Central Sales Tax Act, 1956 10. EXN-F(10)-17/2014 dated 6th April, 2015, published in the Rajpatra, Himachal Pradesh on 7th April, 2015 The Himachal Pradesh Value Added Tax Act, 2005 11. EXN-F(10)-17/2014 dated 15th May, 2015 published in the Rajpatra, Himachal Pradesh on 16th May, 2015 The Central Sales Tax Act

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Goods and Services Tax – Started By: – nikhil verma – Dated:- 11-10-2017 Last Replied Date:- 12-10-2017 – If any one looking for GST registration in India. Can contact Mr. Neeraj Bhagat. For more information visit at: www.neerajbhagat.comYou can also Email us: info@neerajbhagat.com – Reply By Ganeshan Kalyani – The Reply = What is the charges ? – Reply By KASTURI SETHI – The Reply = I think add is not permitted in this forum. This forum is meant for queries. – Discussion-Forum – Knowledge Shari

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Goods and Services Tax – GST – Dated:- 11-10-2017 – To reduce the cascading of taxes arising on account of non-inclusion of petrol, diesel, ATF, natural gas and crude oil in GST and to incentivise investments in the E&P (exploration and production) sector and downstream sector, the GST Council in its 22nd meeting held on 6thOctober, 2017 has made the following recommendations for GST rate structure for Specified Goods and Services: i. Offshore works contract services and associated services

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Customs – PUBLIC NOTICE NO. 60/2017 – Dated:- 11-10-2017 – GOVERNMENT OF INDIA OFFICE OF THE COMMISSIONER OF CUSTOMS (AIRPORT & ADMN) AIR CARGO COMPLEX: NSCBI AIRPORT: KOLKATA-700052 CUSTOM HOUSE: 15/1, STRAND ROAD: KOLKATA-700001 F. NO. S41(Misc) – 64/2017CCX/ Date 11.10.2017 PUBLIC NOTICE NO. 60/2017 Sub: Refund of IGST paid on export of goods under Rule 96 of the CGST Rules, 2017 Attention of trade, importers exporters field formations and public in general is invited to Instruction No.

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Customs – PUBLIC NOTICE NO. 59/2017 – Dated:- 11-10-2017 – GOVERNMENT OF INDIA OFFICE OF COMMISSIONER OF CUSTOMS (AIR PORT & ADMIN.) AIR CARGO COMPLEX, NSCBI AIRPORT, KOLKATA: 700 052. F. NO. S41(Misc) -64/2017CCX Date : 11.10.2017 PUBLIC NOTICE NO. 59/2017 Sub: Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017- reg. Attention of the trade, exporters, importers, Customs Brokers to is invited Rule 96 of CGST Rules 2017 which deals with refund of Integrated Tax paid on goods exported out of India. It provides that the shipping bill filed by an exporter shall be deemed to be an application for refund of integrated tax paid on the goods exported out of India once export general manifest (EGM) and valid return in Form GSTR-3 of Form GSTR -3B. as the case may be has been filed. Once these conditions are met the, Customs System shall process the claim for refund and an amount equal to the integrated tax paid in respect of each shipping bill or bill of export shall b

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rters are advised that they should follow up with their carriers to ensure that correct EGM/export reports are filed in a timely manner. Details of export supplies in Table 6A of GSTR-I 4. The details of zero rated supplies declared in Table 6A of return in Form GSTR-I are matched electronically with the corresponding details available in Customs Systems as per details provided in shipping bills/bill of export. Thus exporters must file their GSTR-I very carefully to ensure that all relevant details match. For their convenience, the details available in the Customs System have been made available for viewing in their ICEGATE login. 4.1 Exporters who have not filed their GSTR-I for month of July 2017 are advised to do so immediately 4.2 For month of August 2017 and subsequent months, facility of filing GSTR-I has not been made available by GSTN as present. In order to facilitate processing of refunds, GSTN is making available a separate utility for filing details in Table 6A of GSTR-I on

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t shall be credited to the bank account of the exporter registered with Customs even if it is different from the bank account of the applicant mentioned in his registration particulars. However, exporters are advised to either change the bank account declared to Customs to align it with their GST registration particulars or add account declared with Customs in their GST registration details. 6.1 Further, as the refund payments are being routed through the PFMS portal, the bank account details need to be verified and validated by PFMS. The status of validation of bank account with PFMS is available in ICES. Exporters are advised that if the account has not been validated by PFMS, they must get their details corrected in the Customs System so that their bank account gets validated by PFMS. Exporters are also advised not to change their bank account details frequently to avoid delay in refund payment. Processing of refund claims 7. Proper officer of each jurisdiction shall generate a paym

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cer of integrated tax at the Customs station has to intimate withholding of refund to the applicant and the jurisdictional Commissioner of central tax. State tax or Union territory tax, as the case may be, and a copy of such intimation has to be transmitted to the common portal. Exports in violation of the provisions of the Customs Act, 1962. 9. In case where proper officer determines that the goods were exported in violation of the provisions of the Customs Act, 1962 IGST refund has to be withheld in terms of sub rule 94(4)(b) of aforesaid Rule 96. Accordingly, necessary action in such cases to ensure that IGST refund is withheld should be taken. 10. Guidelines and procedure for filing and processing of refunds of IGST paid on export goods for exports made under manual (non-EDI) shipping bills shall be communicated separately. 11. Difficulties faced if any, may be brought to the notice of Deputy Commissioner of Customs, Drawback Section, Air Cargo Complex, Kolkata-52. (R.P.SINGH) COMM

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GST – States – 12/WBGST/PRO/17-18 – Dated:- 11-10-2017 – GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA -700015 ORDER No. : 12/WBGST/PRO/17-18 Dated: 11/10/2017 Subject: Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03 In exercise of the powers conferred by sub-rule (4) of rule 3 of the West Bengal Goods and Services Tax Rules, 2017 rea

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GST – States – 19/2017 – Dated:- 11-10-2017 – GOVERNMENT OF TELANGANA COMMERCIAL TAXES DEPARTMENT TGST Notification No. 19/2017 CCT s Ref No. A(1)/88/2017 Dt. 11-10-2017 In exercise of the powers conferred by sub-rule (4) of Rule 3 of the Telangana Goods and Services Tax Rules, 2017 read with Section 168 of the Telangana Goods and Services Tax Act, 2017 (referred to as the Act hereafter), on the recommendations of the Council, the period for intimation of details of stock held on the date prece

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GST – States – CCT/26-2/2017-18/3/3049 – Dated:- 11-10-2017 – GOVERNMENT OF GOA Department of Finance Office of the Commissioner of Commercial Taxes Order No. CCT/26-2/2017-18/3/3049 Read: Order No. 02/2017-GST dated 18th September, 2017, issued by the Commissioner (GST), under the Central Goods and Services Tax Act, 2017. Subject: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under Rule 120A of the Goa Goods and Services Tax Rules, 2017. In exercise of the powers co

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GST – States – CCT/26-2/2017-18/4/3047 – Dated:- 11-10-2017 – GOVERNMENT OF GOA Department of Finance Office of the Commissioner of Commercial Taxes Order No. CCT/26-2/2017-18/4/3047 Read: Order No. 04/2017-GST dated 29th September, 2017, issued by the Commissioner (GST), under the Central Goods and Services Tax Act, 2017. Subject: Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CM

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2017 (10) TMI 784 – ALLAHABAD HIGH COURT – 2018 (8) G. S. T. L. 28 (All.) , [2018] 1 GSTL 148 (All) – Issuance of Password corresponding to the new provisional ID issued to the petitioner – case of petitioner is that Since the password has not been issued to the petitioner the petitioner is unable to complete the process of migration so as provided under Section 139 of GST Act read with Rule 24(1) of the CGST Rules, 2017 – Held that: – On inquiry made by the petitioner the petitioner has been informed on the GST Portal that the petitioner will not be allowed to deposit its tax and further to file the returns unless the late filing penalty and interest are also to be deposited. The contention of the petitioner is that there is no fault of the petitioner but on account of laches at the hands of the competent authority the petitioner company may suffer adverse financial consequences which may be arbitrary.
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The concerned respondent authority is directed to immediately issue a passwo

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of the respective parties, the present writ petition is disposed of finally without calling for the counter affidavit as there is no disputed facts involved in the present case. The brief facts of the case are that the petitioner is a company incorporated under the Companies Act, 1956 and is engaged in the business of providing health care services. The petitioner company is also engaged in the business of supplying taxable goods and services. The petitioner company was registered as a Trader under the provisions of U.P. Trade Tax Act since 15.9.1997. The said registration under the U.P. Trade Tax Act was continued under the provisions of U.P. Value Added Tax Laws under the U.P. VAT Act. The assessing/ registering authority of the petitioner company has issued TIN number. The petitioner company has also been registered under the provisions of Central Sales Tax Act, 1956. With effect from 1.7.2017 the new law has been introduced namely Goods and Service Tax Act (GST) and in the said Ac

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N be made available to the petitioner company. In this regard, the petitioner was directed to update the PAN details on the website of the Commercial Tax Department, State of U.P. It is stated by the petitioner that on 4.3.2017, the petitioner updated its PAN details on the website of the Commercial Tax Department, State of U.P. and the same was acknowledged by the Commercial Tax Department by issuing a receipt dated 4.3.2017 itself. The petitioner has made a complaint, with the Commercial Tax Department, State of U.P., for re-issue of GST provisional ID and Password with the correct PAN. According to the petitioner inspite of lapse of significant time and period, the provisional ID and Password matching with correct PAN number has not been supplied to the petitioner by the Commercial Tax Department, State of U.P. and therefore, the petitioner has made an inquiry on the website of the Commercial Tax Department, and thereafter it has been gathered by the petitioner that the Commercial T

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oner to complete the migration process, pay its taxes and accordingly file GST return for the month of July 2017. The request of the petitioner appears to have been processed and therefore, an automatic email was received by the petitioner in which it has been stated that the request of the petitioner had been received and assigned a request ID of SR 1133968. It is further stated in the reply that the issue reported upon by the petitioner was being worked on and update would be provided to the petitioner shortly. According to the petitioner that even after the aforesaid assurance till date the petitioner has not received any further email of its complaint registered with the request ID SR 1133968. According to the petitioner the petitioner company has not being given password corresponding to the new provisional ID issued to the petitioner by the Department. Since the password has not been issued to the petitioner the petitioner is unable to complete the process of migration so as prov

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aid registration is cancelled in pursuance of an application filed by such person that he was not liable to registration under section 22 or section 24." Rule 24 (1) of CGST Rules, 2017 provides the migration of persons registered under the existing law. For ready reference Rule 24(1) (a) and 24(1)(b) and the proviso of the said Rule 24 is quoted hereinbelow : "Rule-24. (1)(a) Every person, other than a person deducting tax at source or an Input Service Distributor, registered under an existing law and having a Permanent Account Number issued under the provisions of the Income-tax Act, 1961 (Act 43 of 1961) shall enroll on the common portal by validating his e-mail address and mobile number, either directly or through a Facilitation Centre notified by the Commissioner. (b) Upon enrollment under clause (a), the said person shall be granted registration on a provisional basis and a certificate of registration in FORM GST REG-25, incorporating the Goods and Services Tax Identifi

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of U.P. Learned counsel for the petitioner has further submitted that in absence of the migration the petitioner company is also unable to access the various online services which are available on the GST website. According to the petitioner the petitioner company is doing its regular business after the enforcement of the GST Act and after getting its provisional ID while rendering health care services and other taxable supply of goods and services. It is submitted by the counsel for the petitioner that in order to get the benefit of input credit by the tax paid by it on its purchases and its sales of goods, the petitioner had to provide its GST number to its seller and also to certain purchasers. It is further submitted by the petitioner's counsel that the petitioner requires to complete the migration process for getting the benefits on the closing stock available with it as on 30.6.2017. The GST Act requires a dealer has to submit monthly returns and has to deposit due and legit

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lity of payment of interest under Section 50 of GST Act, which is enforceable automatically. It further provides for penal proceedings. On inquiry made by the petitioner the petitioner has been informed on the GST Portal that the petitioner will not be allowed to deposit its tax and further to file the returns unless the late filing penalty and interest are also to be deposited. The contention of the petitioner is that there is no fault of the petitioner but on account of laches at the hands of the competent authority the petitioner company may suffer adverse financial consequences which may be arbitrary. We have heard the learned counsel for the parties. In the view of the aforesaid facts, we hereby direct the concerned respondent authority to immediately issue a password to the petitioner company for completing migration process on the GST Portal for upload its returns and to deposit the due tax. It is further directed that the concerned respondent authority will allow the petitioner

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2017 (10) TMI 693 – DELHI HIGH COURT – 2018 (8) G. S. T. L. 23 (Del.) – Relief package for exporters – import of Gold bars – Advance Authorisation Scheme – Held that: – in view of the press release dated 6th October 2017, which prima facie makes no distinction as regards the Advance Authorisations (AA) issued prior to or after 1st July 2017, the Petitioner will not hereafter be required to pay IGST in respect of the imports of gold bars made by it Petitioner in terms of the AAs issued to it – interim relief is granted subject to the Petitioner furnishing to the Respondent authorities a letter of undertaking that the clearance of the imported goods in terms of the AA will be subject to the final result of the present petition. – W. P. (C) 8

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10.10.2017 the held-up refund of IGST paid on goods exported outside India in July would begin to be paid. The August backlog would get cleared from 18.10.2017 and refunds for subsequent months would be handled expeditiously. Other refunds of IGST paid on supplies to SEZs and of inputs taxes on exports under Bond/LUT, shall be processed from 18.10.2017 onwards. For this, the Council agreed to suitably empower Central and State GST officers so that exporters get refunds from one authority only. Related matters of settlement of funds are being resolved. b. To prevent cash blockage of exporters due to upfront payment of GST on inputs etc. the Council approved two proposals, one for immediate relief and the other for providing long term suppor

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uncil on 6th October 2017, the situation on the ground remains the same. He has produced before the Court a copy of an e-challan showing payment of IGST to the tune of ₹ 58,58,345/- by the Petitioner in respect of Bill of Entry dated 10th October 2017 for import of gold bars from Abu Dhabi. He submits that the Petitioner was not permitted to clear the goods without such payment and that the Petitioner s protest to the authorities was to no avail. 4. The Court directs the Petitioner to place the above facts on an affidavit to be filed not later than 3 days from today with an advance copy to Mr. Narula, who will seek instructions thereon before the next date of hearing. 5. In the meanwhile, it is directed that, in view of the aforementi

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Customs – Existing system will be used to make immediate payment of refund of IGST on Exports w.e.f. 10th October 2017 till 14th October 2017. The payment through PFMS portal would be started from 16th October 2017 – TMI Updates – Highlights

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Goods and Services Tax – Started By: – Subash Sharma – Dated:- 10-10-2017 Last Replied Date:- 18-10-2017 – Is GST applicable on Ocean Freight for Nepal import consignment via Kolkata port? – Reply By KASTURI SETHI – The Reply = GST is applicable. – Reply By Subash Sharma – The Reply = What percentage of GST applicable? – Reply By Ganeshan Kalyani – The Reply = The query is not clear. – Reply By YAGAY AND SUN – The Reply = This query is clear to us. In our view GST is not Applicable. Since, Nepal is Land Locked Country and Indian GST Law has no Jurisdiction over Nepal. In Future, Goods can also be imported to Port at Odisha by Nepal and Government had clarified this matter in its' earlier Circular. – Reply By KASTURI SETHI – The Reply =

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Goods and Services Tax – Started By: – JSW CEMENT LIMITED – Dated:- 10-10-2017 Last Replied Date:- 11-10-2017 – Dear All Experts,Kindly throw your valuable opinion on whether value of Free cost material should be included in works contract value for the purpose of charging GST – Reply By Himansu Sekhar – The Reply = Please refer to Sec 15(20(b) of CGST act,2017. The value of free cost materials is includible in the WCS. – Reply By KASTURI SETHI – The Reply = I agree with the view of Sh.Himansu Sekhar Ji. Section 15(2) (b) of CGST Act. – Reply By Ganeshan Kalyani – The Reply = Yes , value of material issued free of cost to the contractor to incorporate it into the construction work to be added to consideration. – Reply By Ganeshan Kalyani –

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FAQ on GOVERNMENT SERVICES under GST – Goods and Services Tax – GST – Dated:- 10-10-2017 – FAQ on GOVERNMENT SERVICES under GST – News – Press release

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Service Tax – The place of provision of services is the place where duty free shop is located, which is admittedly beyond Customs Frontiers – Even in the Integrated Goods And Services Tax Act, 2017,as

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Goods and Services Tax – GST – By: – Ashwarya Agarwal – Dated:- 10-10-2017 Last Replied Date:- 28-10-2017 – GST Update (Decisions of 22nd GST Council meeting which is yet to be notified): 1. Benefit for Composition Scheme 1.1 Threshold turnover to opt for composition scheme is raised from 75 lacs to 1 crore; 1.2 Person opting for composition scheme was restricted from providing any exempted / taxable service. But now a composite dealer can provide exempted service also. Eg. A doctor running clinic / hospital and pharmacy can now opt for composition for pharmacy; 1.3 A Group of Ministers shall be formed to make composition scheme more attractive. 2. Earlier any person providing inter-state service (other than job worker) was not eligible for threshold exemption of 20 lacs. However now such service providers can avail such benefit. Any person who has already taken registration may opt for cancellation; 3. Now small and medium businesses with annual aggregate t/o upto ₹ 1.5 crore s

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nth of July and 18th October 2017 for Month of August; 9.2 Refunds of IGST and Input tax for export to SEZ shall begin from 18th October 2017; 9.3 Merchant exporter (Trader) can now procure goods from domestic supplier on payment of GST @ 0.1%; 9.4 Exporters holding Adv. Authorization/EPCG and EOU's can now import / procure goods from domestic supplier without payment of GST; 9.5 Mechanism in 9.3 and 9.4 above is for temporary relief. As permanent relief, e-wallet to be introduced w.e.f 1st April 2018 which shall be credited for exporter with notional amount as advance refund for payment of GST. This advance shall be later adjusted with balance refund due after export; 9.6 To restore the lost incentive on sale of duty credit scrips, the GST on sale/purchase of these scrips is being reduced from 5% to 0%; 9.7 Specified banks and Public Sector Units (PSUs) are being allowed to import Gold without payment of IGST. This can then be supplied to exporters as per a scheme similar to Advan

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plot for infra development by authority having more than 50% stake of CG/ SG/UT shall be exempted from GST; 14. Further GST rates have also been revised in respect of certain goods / services. Finally 22nd meeting of GST Council has really given some breathing space to trade and industry people. Source: Press Release of department dated 06.10.2017 – Reply By shailender kumar – The Reply = Exporter take Duty Drawback with ITC under GST – Reply By Ashwarya Agarwal – The Reply = Yes, dept has issued new duty drawback rate which has 2 rates for each item. One is with cenvat and other is without cenvat. – Reply By Avinash Gopalakrishnan – The Reply = when are they planning to bring the Notification on 9.3 Merchant exporter (Trader) can now procure goods from domestic supplier on payment of GST @ 0.1%, or can i just ask my supplier to bill me at 0.1% for the next supply – Reply By Ashwarya Agarwal – The Reply = I am not sure about it but hopefully tomorrow i.e. 12.10.17. – Reply By Avinash G

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Customs – PUBLIC NOTICE NO. 43/2017 – Dated:- 10-10-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE PORT AREA : VISAKHAPATNAM – 530035 F. No. S23/197/2016-Ap(DBK) Date: 10.10.2017. PUBLIC NOTICE NO. 43/2017 Sub: Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017 Attention of all Importers, Exporters, Customs Brokers and the Members of the Trade is invited to the following Board's instruction No. 15/2017-Cus dated 09.10.2017 issued by Central Board of Excise an

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Customs – TRADE FACILITY NO. 14/2017 – Dated:- 10-10-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN-682009 F. No. C1/03/2016-TU. Cus. Dated: 10.10.2017. TRADE FACILITY NO. 14/2017 Subject: Addressing the issues related to IGST Export Refunds Kind attention of exporters, importers, Customs Brokers, Steamer Agents and all other stakeholders is drawn to the several issues pertaining to the IGST Expo

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GST – States – 02/2017/TNGST – Dated:- 10-10-2017 – GOVERNMENT OF TAMIL NADU COMMERCIAL TAXES DEPARTMENT OFFICE OF THE ADDITIONAL CHIEF SECRETARY / COMMISSIONER OF COMMERCIAL TAXES Ezhilagam, Chepauk, Chennai 600 005. PRESENT: DR.C.CHANDRAMOULI, I.A.S. Circular No. 02/2017/TNGST (RC 085 /2016/A1/Taxation Cell) Dated: 10.10.2017. Subject: GST- Submission of Letter of Undertaking by the Exporter in respect of Exports without payment of Integrated Tax under the IGST Act – Further Clarification- Issued. In view of the difficulties being faced by the exporters in submission of bonds/Letter of Undertaking (LUT for short) for exporting goods or services or both without payment of integrated tax, Notification No. 37/2017-Central Tax dated 4th October, 2017 has been issued which extends the facility of LUT to all exporters under rule 96A of the Central Goods and Services Tax Rules, 2017 (hereafter referred to as the CGST Rules ) subject to certain conditions and safeguards. This notification h

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ph 5 of the Foreign Trade Policy 2015-2020 and to persons receiving a minimum foreign inward remittance of 10% of the export turnover in the preceding financial year which was not less than Rs. one crore. b) Validity of LUT: The LUT shall be valid for the whole financial year in which it is tendered. However, in case the goods are not exported within the time specified in sub-rule (1) of rule 96A of the CGST Rules and the registered person fails to pay the amount mentioned in the said sub-rule, the facility of export under LUT will be deemed to have been withdrawn. If the amount mentioned in the said sub-rule is paid subsequently, the facility of export under LUT shall be restored. As a result, exports, during the period from when the facility to export under LUT is withdrawn till the time the same is restored, shall be either on payment of the applicable integrated tax or under bond with bank guarantee. c) Form for bond/LUT: Till the time FORM GST RFD-11 is available on the common por

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prosecuted should sufT1ce for the purposes of Notification No. 37/2017-Central Tax dated 4th October, 2017. Verification, if any, may be done on post-facto basis. e) Time for acceptance of LUT/Bond: As LUT/Bond is a priori requirement for export, including exports to a SEZ developer or a SEZ unit, the LUT/bond should be processed on top most priority. It is clarified that LUT/bond should be accepted within a period of three working days of its receipt along with the self-declaration as stated in para 2(d) above by the exporter. If the LUT / bond is not accepted within a period of three working days from the date of submission, it shall deemed to be accepted. f) Bank guarantee: Since the facility of export under LUT has been extended to all registered persons, bond will be required to be furnished by those persons who have been prosecuted for cases involving an amount exceeding Rupees two hundred and fifty lakhs, A bond, in all cases, shall be accompanied by a bank guarantee of 15% of t

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to be done. A copy of the sealing report would be forwarded to the Deputy/Assistant Commissioner having jurisdiction over the principal place of business. i) Purchases from manufacturer and Form CT-1: It is clarified that there is no provision for issuance of CT-1 form which enables merchant exporters to purchase goods from a manufacturer without payment of tax under the GST regime. The transaction between a manufacturer and a merchant exporter is in the nature of supply and the same would be subject to GST. j) Transactions with EOUs: Zero rating is not applicable to supplies to EOUs and there is no special dispensation for them under GST regime. Therefore, supplies to EOUs are taxable like any other taxable supplies. EOUs, to the extent of exports, are eligible for zero rating like any other exporter. k) Realization of export proceeds in Indian Rupee: Attention is invited to para A (v) Part-I of RBI Master Circular No. 14/2015-16 dated 01St July, 2015 (updated as on 05th November, 201

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accordance with the applicable RBI guidelines. It may also be noted that the supply of services to SEZ developer or SEZ unit under LUT will also be permissible on the same lines. The supply of services, however, to Nepal or Bhutan will be deemed to be export of services only if the payment for such services is received by the supplier in convertible foreign exchange. l) Jurisdictional officer: In this backdrop, it is hereby informed that the Bond or the letter of undertaking in place of Bond, in all cases, will be accepted by the jurisdictional Assistant Commissioners in respect of Assessment Circles and in the absence of Assistant Commissioner of State Taxes it will be accepted by the State Tax Officer of the Assessment Circle or any other officer as may be specified by the Territorial Deputy Commissioner. In respect of Large Taxpayers Unit, Chennai and Fast Track Assessment Circles, Coimbatore, Bond or the letter of undertaking in place of Bond will be accepted by respective Deputy C

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GST – States – F. No.AC/Export Cell/W.208/2017-18/566-571 – Dated:- 10-10-2017 – Office of the Special Commissioner (GST) Export/KCS Branch, Department of Trade & Taxes Govt. of NCT of Delhi 8th Floor, Vyapar Bhawan, I.P. Estate, New Delhi-110002 F. No.AC/Export Cell/W.208/2017-18/566-571 Dated: 10-10-2017 Circular Subiect:- Issues related to Bond/Letter of Undertaking (LUT) FOR Export without payment of Integrated Goods & Service Tax (IGST). Ref : Notification No. 37/2017 Central Tax dated 04-10-2017, Circular No. 08-08-2017-GST dated 04-10-2017 issued by CBEC, Ministry of Finance, Govt. of India. In supersession of earlier Circular No.-AC/Export Cell/W-208/2017-18, dated 2-8-2017 and Circular No. AC/Export Cell/W-208/2017-18/848-877, dated 7-9-2017 except as respects things done or omitted to be done before such supersession. 1 All registered persons who intend to supply goods or services for export without payment of integrated tax shall be eligible to furnish. Letter of Un

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of integrated tax will be deemed to have been withdrawn and if the amount mentioned in the said sub-rule is paid, the facility of export without payment of Integrated tax shall be restored. 2. Validity of LUT: The LUT shall be valid for the whole financial year in which it is tendered. 3. Bank Guarantee: Since the facility of export under LUT has been extended to all registered persons, bond will be required to be furnished by those persons who have been prosecuted for cases involving an amount exceeding Rupees Two hundred and fifty lakhs. A bond, in all cases, shall be accompanied by a bank guarantee of 15% of the bond amount. 4. Clarification regarding running bond: The exporters shall furnish a running bond where the bond amount would cover the amount of sell-assessed estimated tax liability on the export. The exporter shall ensure that the outstanding Integrated tax liability on exports is within the bond amount. In case the bond amount is insufficient to cover the said liability

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ove, a fresh list of documents to be submitted for acceptance of FORM GST RFD-11 with Letter of Undertaking (LUT) at Export Cell Window, 1st Floor, Vypar Bhawan, Deptt. of Trade & Taxes, I.P. Estate, New Delhi as under:- 1 The registered person/exporter will submit request letter on its letter head for acceptance of GST RFD-11 signed by the proprietor/partner/director/authorised signatory as the case may be. 2 Form GST RFD-11 duly filled and signed with seal on company/firm's letter head. 3 Letter of Undertaking (prescribed format available on www.cbec.gov.in) on company/firm's letter head (in duplicate) duly signed by competent authority. 4 Undertaking/declaration on letter that he has not prosecuted for any office under the Central Goods and Services Tax Act, 2017 (12 of 2017 or Delhi GST Act, 2017 or under any of the existing laws in case where the amount of tax evaded exceeds two hundred and fifty lakh rupees. 5 Copy of GST Registration Certificate Provisional/Permanent

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The Uttarakhand Goods and Services Tax (SIXTH Amendment) Rules, 2017 – GST – States – 792/2017/9(120)/XXVII(8)/2017 – Dated:- 10-10-2017 – PDF DOWNLOAD – Notification – Circular

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