Goods and Services Tax

GST – States – 01-L/2017 – Dated:- 7-10-2017 – OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES Karnataka Vanijya Therige Karyalaya, Gandhinagar, Bengaluru NOTIFICATION (NO. 01-L/2017) No. KGST.CR.01/17-18, Dated: 07-10-2017 In exercise of the powers conferred by rule 120A of the Karnataka Goods and Services Tax Rules, 2017, the period for submitting the declaration in FORM GST TRAN-1 is being extended till 31st October, 2017. RITVIK PANDEY Commissioner of Commercial Taxes (Karnataka), Bengaluru

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– Recommendations made by the GST Council in its 22nd Meeting held today under Chairmanship of the Union Minister of Finance and Corporate Affairs, Shri Arun Jaitley in the national capital. – TMI Updates – Highlights

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Goods and Services Tax – Changes in GST Rates for Goods – TMI Updates – Highlights

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Goods and Services Tax – Changes in IGST EXEMPTION ON IMPORTS OF GOODS – TMI Updates – Highlights

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Goods and Services Tax – GST – Dated:- 6-10-2017 – The GST Council, in its 22nd Meeting which was held today in the national capital under Chairmanship of the Union Minister of Finance and Corporate Affairs, Shri Arun Jaitley has recommended the following facilitative changes to ease the burden of compliance on small and medium businesses: Composition Scheme 1. The composition scheme shall be made available to taxpayers having annual aggregate turnover of up to ₹ 1 crore as compared to the current turnover threshold of ₹ 75 lacs. This threshold of turnover for special category States, except Jammu & Kashmir and Uttarakhand, shall be increased to ₹ 75 lacs from ₹ 50 lacs. The turnover threshold for Jammu & Kashmir and Uttarakhand shall be ₹ 1 crore. The facility of availing composition under the increased threshold shall be available to both migrated and new taxpayers up to 31.03.2018. The option once exercised shall become operational from the fir

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) shall be constituted to examine measures to make the composition scheme more attractive. Relief for Small and Medium Enterprises 4. Presently, anyone making inter-state taxable supplies, except inter-State job worker, is compulsorily required to register, irrespective of turnover. It has now been decided to exempt those service providers whose annual aggregate turnover is less than ₹ 20 lacs (Rs. 10 lacs in special category states except J & K) from obtaining registration even if they are making inter-State taxable supplies of services. This measure is expected to significantly reduce the compliance cost of small service providers. 5. To facilitate the ease of payment and return filing for small and medium businesses with annual aggregate turnover up to ₹ 1.5 crores, it has been decided that such taxpayers shall be required to file quarterly returns in FORM GSTR-1, 2 & 3 and pay taxes only on a quarterly basis, starting from the Third Quarter of this Financial Yea

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proving to be burdensome for small dealers and manufacturers. In order to mitigate their inconvenience on this account, it has been decided that taxpayers having annual aggregate turnover up to ₹ 1.5 crores shall not be required to pay GST at the time of receipt of advances on account of supply of goods. The GST on such supplies shall be payable only when the supply of goods is made. 8. It has come to light that Goods Transport Agencies (GTAs) are not willing to provide services to unregistered persons. In order to remove the hardship being faced by small unregistered businesses on this account, the services provided by a GTA to an unregistered person shall be exempted from GST. Other Facilitation Measures 9. After assessing the readiness of the trade, industry and Government departments, it has been decided that registration and operationalization of TDS/TCS provisions shall be postponed till 31.03.2018. 10. The e-way bill system shall be introduced in a staggered manner with ef

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Goods and Services Tax – GST – Dated:- 6-10-2017 – As per discussions held in the 22nd GST Council Meeting held under Chairmanship of Union Finance Minister Shri Arun Jaitley on 6th October, 2017, the following changes in GST rates for certain Goods have been recommended. GST RATE FOR FOLLOWING GOODS HAVE BEEN REDUCED S. No. Chapter/Heading/Sub-heading/Tariff item Description Present GST Rate GST Rate Recommended by the GST Council 1. 0804 Mangoes sliced dried 12% 5% 2. 1905 or 2106 Khakra and plain chapati / roti 12% 5% 3. 19 or 21 Food preparations put up in unit containers and intended for free distribution to economically weaker sections of the society under a programme duly approved by the Central Government or any State Government, s

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for children amusement 28% 18% 9. 3915 Plastic waste, parings or scrap 18% 5% 10. 4004 00 00 Rubber waste, parings or scrap 18% 5% 11. 4017 00 20 Hard Rubber waste or scrap 28% 5% 12. 4707 Paper waste or scrap 12% 5% 13. 4907 Duty credit scrips 5% Nil 14. 5401 Sewing thread of manmade filaments, whether or not put up for retail sale 18% 12% 15. 5402, 5404, 5406 All synthetic filament yarn, such as nylon, polyester, acrylic, etc. 18% 12% 16. 5403, 5405, 5406 All artificial filament yarn, such as viscose rayon, Cuprammonium, 18% 12% 17. 5508 Sewing thread of manmade staple fibres 18% 12% 18. 5509, 5510, 5511 Yarn of manmade staple fibres 18% 12% 19. 5605 Real Zari 12% 5% 20. 6802 All goods falling under heading 6802 [other than those of marbl

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nd mixed flow vertical pumps 28% 18% 26. 84 or 85 E-Waste 28%/18% 5% 27. Any Chapter Biomass briquettes 18% 5% Foot note; 1. Reduction in GST rate against S. No 4 above is subject to following condition: If the supplier of such food preparations produces a certificate from an officer not below the rank of the Deputy Secretary to the Government of India or not below the rank of the Deputy Secretary to the State Government concerned to the effect that such food preparations have been distributed free to the economically weaker sections of the society under a programme duly approved by the Central Government or the State Government concerned, within five months from the date of supply of such goods or within such further period as the jurisdic

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Goods and Services Tax – GST – Dated:- 6-10-2017 – As per discussions held in the 22nd GST Council Meeting held under Chairmanship of Union Finance Minister Shri Arun Jaitley on 6th October, 2017, the following changes in IGST rates on Imports of specified Goods have been recommended. S. No Description Present applicable IGST rate Recommended IGST rate 1 IGST exemption on imports of rigs imported for oil / gas exploration and production projects under lease, subject to the following conditions that: (i) Integrated tax leviable under section 5(1) of the IGST Act, 2017 on supply of service covered by item 1(b) or 5(f) of Schedule II of the Central Goods and Services Tax Act, 2017; (ii) The rig is not sold without the prior permission of the

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Goods and Services Tax – GST: Relief for SMEs, threshold for composition scheme raised – TMI Updates – Highlights

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Goods and Services Tax – GST to facilitate ease of doing business: EU – TMI Updates – Highlights

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Goods and Services Tax – GST – Dated:- 6-10-2017 – New Delhi, Oct 6 (PTI) The European Union (EU) today gave thumbs up to India's Goods and Services Tax (GST) saying the new tax regime would facilitate ease of doing business. Visiting EU leaders also welcomed India's efforts to promote economic and social development and expressed interest in participating in initiatives such as 'Make in India' 'Digital India', 'Skill India', and 'Start-Up India'. The EU closely follows Prime Minister (Narendra) Modi's economic reforms, including the historic introduction of the Goods and Services Tax (GST), which can facilitate ease of doing business and promotes market integration in India by realising a simple

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dia cooperation on resource efficiency and circular economy. Both sides agreed to enhanced cooperation and exchange of experience and best practices in the field of Intellectual Property rights (IPR) and public procurement, it said. The leaders expressed their shared commitment to strengthening the Economic Partnership between India and the EU and noted the ongoing efforts of both sides to re-engage actively towards timely relaunching negotiations for a comprehensive and mutually beneficial India-EU Broad Based Trade and Investment Agreement (BTIA). With regard to import tolerance level of tricyclazole in rice the relevant plant protection companies will be invited to present new scientific data in order for the European Food Safety Authori

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Goods and Services Tax – GST – Dated:- 6-10-2017 – New Delhi, Oct 6 (PTI) In a relief to small and medium enterprises, the GST Council on Friday raised the turnover threshold to ₹ 1 crore for businesses to avail of the composition scheme that allows them to pay 1-5 per cent tax without going through tedious formalities. With small businesses and traders complaining about the compliance burden the new Goods and Services Tax (GST) regime has put on them, the panel decided to give option to taxpayers to avail of the so-called Composition Scheme if their turnover is less than ₹ 1 crore as against the previous limit of ₹ 75 lakh. The GST Council, headed by Finance Minister Arun Jaitley, at its 22nd meeting reached consensus on

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Goods and Services Tax – Started By: – Pawan Chaudhari – Dated:- 6-10-2017 Last Replied Date:- 7-10-2017 – Hello,I have small scrap shop,I purchase scrap from house hold like old paper, iron steel etc.and give them money in cash So I don't have any bill of purchase and when I sale this goods after accumulation in bulk to other dealers for which I give them GST bill and they pay me amount including GST via cheque which I have to withdra cash from . So my query is how do I show the purchase.? I also have to transport accumulated goods to the dealer. Or any suggestions how will GST work with this business model.? – Reply By Pawan Chaudhari – The Reply = It's sales bill without purchase bill – Reply By KASTURI SETHI – The Reply = In su

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t if per day purchase ismorethan five thousand. You can have an invoice once in a month and pay gst on reverse charge and take ITC. – Reply By Chhatra Jain – The Reply = As you are purchasing from URD it for you to pay raise bill of supply if it is more than 5000/ per day and pay GST in reverse charge. Once you pay you pay GST in reverse charge it will be your ITC and same can be adjusted against your output liability. Alternatively if purchase is less than 5000/ you can raise GST in Sales Invoice and pay GST. So in this way you can discharge your GST liability. In case of transportation of goods to dealer if freight is less than 1500/ no need to pay GST. If it is more than that recipient is to pay GST on Freight iin reverse charge. But GST

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India s GST rollout positive step: official – Goods and Services Tax – GST – Dated:- 6-10-2017 – Singapore, Oct 6 (PTI) The positive steps taken by the Indian government like the implementation of the Goods and Services Tax and the ease of doing business are heartening, a senior business executive said here today, but voiced concern over the slow litigation process. Sunil Peter, chief executive officer of the Singapore Indian Chambers of Commerce and Industry (SICCI), said the arbitration courts could help in quick conflict resolution which will strengthen and encourage companies to enter and grow their investments in India. The positive steps that the Indian government was taking to do business in India such as the GST implementation, are

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Goods and Services Tax – Started By: – RAMESH SINGLA – Dated:- 6-10-2017 Last Replied Date:- 7-10-2017 – I have been looking for an answer as to whether section 17(5)(c) bars the credit when works contract service are supplied for construction of an immovable property. The language of the section apparently bars such ITC except when such works contract service is input service for further supply of works contract service. Therefore, it appears that the builders who are building or getting constructed buildings which are obviously, immovable properties, would not be eligible for ITC. I request the experts to read the section and then give the opinion. My view is that the ITC is not admissible to the builders in view of the language used in

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t the statutory provisions strictly according to the language used by the legislature. Moreover while interpreting the statutory provisions no intendment is permissible. – Reply By KASTURI SETHI – The Reply = Sh.Ranganathan Sir,. It needs more x-ray of the phrases used in the construction of Section 17(5)(c). Will you please spare time for throwing more light word for word ? Thanks a lot. – Reply By Himansu Sekhar – The Reply = During the construction stage it becomes a service and the servicer is provided to another customer. This is also a works contract service. The building is not constructed on his own account also. The credit on the basis of bills of subcontractors who may be providing works contract services is not deniable as the sa

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GST : Frequently Asked Questions – Goods and Services Tax – GST – Dated:- 6-10-2017 – PDF Download – News – Press release

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GST : Frequently Asked Questions – Goods and Services Tax – GST – Dated:- 6-10-2017 – PDF Download – News – Press release

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FAQ – GST – Goods and Services Tax – GST – Dated:- 6-10-2017 – PDF Download – News – Press release

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Goods and Services Tax – Started By: – RameshBabu Kari – Dated:- 6-10-2017 Last Replied Date:- 7-10-2017 – Dear Experts,A Software company reimburses certification course done by the employees of the company through online from the institute located in USA in non taxable territory. After completion of the Course, company will reimburse to expenditure inccured to get that certificate and does it attract RCM ? if so, can company avail ITC on such RCM ? Does amounts to import of service ? – Reply

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Goods and Services Tax – Started By: – kantipudi satyanarayana – Dated:- 6-10-2017 Last Replied Date:- 8-10-2017 – For cancellation of registration GST REG 16 has been prescribed. But it has not so far been activated in the portal. What is the fate of the migrated assessee If he is not allowed to cancel his GST regn when he expects that his gross receipts would be below the threshold limit. Whether shall he not raise tax invoices till GST REG 16 is activated? Or shall he keep on issuing tax invoices without charging GST? What about filing of GST Returns? Can he show his monthly taxable turnover to be nil? Is it fair on the part of the Govt not to allow the assessee to cancel his registation? My question is what to do during the intervening

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e time. Rightly advised by an expert. – Reply By Rajagopalan Ranganathan – The Reply = Sir, According to Section 22 (2) of CGST Act, every person who, on the day immediately preceding the appointed day, is registered or holds a licence under an existing law, shall be liable to be registered under this Act with effect from the appointed day. If your turnover is below the limit of ₹ 20 lakhs, please contact your range officer or Seva Kendra of your Commissionerate seeking their help in cancellation of the registration. – Reply By kantipudi satyanarayana – The Reply = Dear experts, thanks for your timely response. I wish to invite your attention to the following: 1. I got migrated to gst as it is a must who have othewise been on excise o

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Goods and Services Tax – Started By: – nandankumar roy – Dated:- 6-10-2017 Last Replied Date:- 8-10-2017 – DEAR SIR,TO AVOID BOND WE HAVE SUPPLIED TO SEZ UNIT WITH IGST WITHIN SAME STATE. WHETHER IT WILL BE CREATE ANY PROBLEM IN RETURN AND SALES IS ONLY YRLY 12 LACS APPX. PL HELP.N K ROY – Reply By Rajagopalan Ranganathan – The Reply = Sir, According to Section 2 (m) (ii) of THE SPECIAL ECONOMIC ZONES ACT, 2005 export means supplying goods, or providing services, from the Domestic Tariff Area to a Unit or Developer. Therefore any supply made to SEZ is treated as export and liable to pay IGST. Therefore your supply on payment of IGST even though the supply is within the same State is in order. For detailed procedure for export please see Circular No. 8/8/2017-GST dated 4.10.2017 issued by CBEC which is available in TMI web site. – Reply By nandankumar roy – The Reply = THANKS SIRJI,ROY – Reply By KASTURI SETHI – The Reply = Excellent reply by Sh.Ranganathan Sir. To the point. – Reply B

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eligible to claim refund under either of the following options, namely:- (a) he may supply goods or services or both under bond or Letter of Undertaking,subject to such conditions, safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of unutilised input tax credit; or (b) he may supply goods or services or both, subject to such conditions,safeguards and procedure as may be prescribed, on payment of integrated tax andclaim refund of such tax paid on goods or services or both supplied,in accordance with the provisions of section 54 of the Central Goods and Services Tax Actor the rules made there under. So from above it will not create any problem. – Reply By Kishan Barai – The Reply = In exercise of the powers conferred by section 54 of the Central Goods and Services Tax Act, 2017, and section 20 of the Integrated Goods and Services Tax Act, 2017, sub-rule (5) of rule 96A of the Central Goods and Services Tax Rules, 2017, and in supersession

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and fifty lakh rupees; (ii) the Letter of Undertaking shall be furnished on the letter head of the registered person, in duplicate, for a financial year in the annexure to FORM GST RFD – 11 referred to in sub-rule (1) of rule 96A of the Central Goods and Services Tax Rules, 2017 and it shall be executed by the working partner, the Managing Director or the Company Secretary or the proprietor or by a person duly authorised by such working partner or Board of Directors of such company or proprietor; (iii) where the registered person fails to pay the tax due along with interest, as specified under sub-rule (1) of rule 96A of Central Goods and Services Tax Rules, 2017, within the period mentioned in clause (a) or clause (b) of the said sub-rule, the facility of export without payment 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. The provisions of

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Goods and Services Tax – Started By: – PAWANKUMAR GARG – Dated:- 6-10-2017 Last Replied Date:- 8-10-2017 – SIR, A RETURN IN FORM GSTR-4 CAN NOT BE FILED WITHOUT WITHOUT AUTO POPULATING THE DATA IN GSTR-2 FOR THE Q.ENDING 30.09.2017. PLEASE LET ME KNOW THE WAY . – Reply By KASTURI SETHI – The Reply = Software is likely to be amended. So many deficiencies are therein. Date of quarterly return may be extended because still filing of GST return for July, 17 is in progress. So wait for rectification

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Goods and Services Tax – Started By: – PAWANKUMAR GARG – Dated:- 6-10-2017 Last Replied Date:- 6-10-2017 – SIR,I WANTS TO KNOW THE HSN CODE AND RATE OF GST ON THE SALE OF TROLLY USED BY AGRICULTURIST

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Goods and Services Tax – GST – By: – Swati Kharkia – Dated:- 6-10-2017 – Anticipations from over a decade were put to rest on July 1, 2017 when India's biggest tax reform since independence, Goods and Services Tax (GST) was launched. With an attempt to create historic mark, the Government although claims to have succeeded in this smooth transition from the earlier tax regime to the new tax regime, but the scenarios after 75 days of its implementation does not justify the same. GST – A Goods & Simple Tax as christened by our Hon ble Prime Minister to make it look simple, but it didn t really change the hard realities faced by the public. Even after multiple representations from various sectors to postpone the date of the implementation of this historic reform , GST was implemented as planned by the Government albeit after 3 months from the scheduled date of 1st April 2017. Was the timeliness actually fruitful? Various instances of the difficulties being faced by the vast number

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ll, people started managing and memorising all they could to survive in the new regime with the typical Indian attitude of Jugaad . But… Just as they started understanding and implementing whatever they had learnt, amendments to the notifications started flowing in! Ah, Forget and Re-learn – The law of survival. More and more notifications were issued after 1st July which kept amending what was notified at an earlier date. When the government itself was not sure how things should be placed, with the GST Council also not being clear on the modalities (despite so many meetings at the cost of the public money), the public is expected to adapt to the new system. No complaints still, people continued the process of forgetting and relearning. With an approach to minimising tax evasion, monthly return filing system was adopted in GST. But as soon as the first due date approached, the Government seeming unready with their own infrastructure, brought in a Short-cut return called GSTR – 3

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that if the system is not able to handle so many users together, if the bandwith is so weak, if the ASP/GSP are not properly trained, if the forms are not ready for use, then why is the monthly system of filing not being done away with! Is the extension in deadlines an intelligent solution to this disease of system error ? Or is it the manner in which time is given to the developer of the GSTN to put its house in order (both internally and externally)! Its high time the Government, more particularly the Hon ble Prime Minister intervene and wield its power to ensure the GSTN is up and running with the expectancy of more than 80 lakh users all at one time. The Government should also reconsider its decision and change the monthly system of filing returns to quarterly or half yearly. This will give the Government more time to put build a reliable network and enable the Government to revert to monthly compliance with the FY 2018-19. Alternatively, the Government should build such an infras

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Goods and Services Tax – GST – By: – CA.VINOD CHAURASIA – Dated:- 6-10-2017 – Introduction: In this article we shall be discussing about revised & consolidated procedure for submission of letter of undertaking / Bond for export without payment of IGST. Central Govt. vide its circular no. 8/2017 dated 04/10/2017 has revised, relaxed and consolidated the procedure for submission of letter of undertaking / Bond for export without payment of IGST which is enumerated below: 1. Due to 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 has been issued in superses

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Integrated Goods and Services Tax Act, 2017 or any of the existing laws and the amount of tax evaded in such cases exceeds two hundred and fifty lakh rupees unlike Notification No. 16/2017-Central Tax dated 7th July, 2017 which extended the facility of export under LUT to status holder as specified in paragraph 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. 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.

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applicable in the State in which the bond is being furnished. Documents for LUT: Self-declaration to the effect that the conditions of LUT have been fulfilled shall be accepted unless there is specific information otherwise. That is, self- declaration by the exporter to the effect that he has not been prosecuted should suffice for the purposes of Notification No. 37/2017- Central Tax dated 4th October, 2017. Verification, if any, may be done on post-facto basis. 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. Bank guarantee: Since the facili

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rs: Till mandatory self-sealing is operationalized, sealing of containers, wherever required to be carried out under the supervision of the officer, shall be done under the supervision of the central excise officer having jurisdiction over the place of business where the sealing is required 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. 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. 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 taxa

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r Nepal or Bhutan . Accordingly, it is clarified that the acceptance of LUT for supplies of goods to Nepal or Bhutan or SEZ developer or SEZ unit will be permissible irrespective of whether the payments are made in Indian currency or convertible foreign exchange as long as they are in 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 exercise of the powers conferred by sub-section (3) of section 5 of the CGST Act, it is hereby stated that the LUT/Bond shall be accepted by the jurisdictional Deputy/Assistant Commissioner having jurisdiction over the principal place of business of the exporter. The exporter is at liberty to furnish the LUT/bond

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2018 (4) TMI 1006 – GUJARAT HIGH COURT – 2018 (11) G. S. T. L. 304 (Guj.) – Transition of CENVAT credit to ITC under GST – condition contained in clause (iv) of subsection (3) of section 140 of the Central GST Act – With introduction of GST, the petitioners could avail their CENVAT credit of the stock of goods lying with the petitioners, on which, the purchases were made not earlier than one year – NOTICE issued. – Special Civil Application No. 18433 of 2017 Dated:- 6-10-2017 – MR. AKIL KURESHI AND MR. BIREN VAISHNAV, JJ. For The Petitioner : Uchit N Sheth, Advocate ORDER 1. Leave to amend. 2. The petitioners have challenged the condition contained in clause (iv) of subsection (3) of section 140 of the Central GST Act. The petitioners und

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