Goods and Services Tax

Goods and Services Tax – Started By: – malay pota – Dated:- 3-10-2017 Last Replied Date:- 6-10-2017 – I have a question regarding payment of CVD and SAD as per old Customs duty structure and setting off of the same under GST regime.Our question is as under:Suppose I, as MANUFACTURER, have an Advance Authorization (Advance Licence) issued in 2016 .In the advance licence we have made import and effected export also but, unfortunately we could not fulfill complete Export Obligation and for regularization of the advance licence, we need to pay applicable customs duty on the excess import made by us with interest. The applicable duty structure( when the goods imported by us) of the imported item for which we need to pay customs duty with applic

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Goods and Services Tax – Started By: – jaineet singh – Dated:- 3-10-2017 Last Replied Date:- 8-10-2017 – hello sirs, we are small scale businessmen from Amritsar /Punjab. we deal in textile machinery parts and items. sometimes we also export the items to Nepal. after GST implimentation, there is a lot of confusion in sending export to Nepal.Earlier it was an easy task as not many documents were needed and export to Nepal was free too. but now there are changes . please discuss the changes made

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Goods and Services Tax – 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 – TMI Updates – Highlights

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Goods and Services Tax – APPLICATION FOR CANCELLATION OF REGISTRATION OF MIGRATED TAXPAYERS – Form GST REG-29 as amended. – TMI Updates – Highlights

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 3-10-2017 Last Replied Date:- 3-10-2017 – We have filed GSTR1 for the month of July-17 but lack of knowledge we have not declare RCM details and liability. Please note that we have shown RCM Laibility in GSTR3B and also make payment also for the month of July-17. Now can we mention RCM details for the month of july-17 alongwith GSTR1 for the month of Aug-17. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = In my view GSTR – 1

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DECLARATION OF DETAILS OF RCM INVOICE IN GSTR1 – Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 3-10-2017 Last Replied Date:- 3-10-2017 – Please advice us where to mention RCM I

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Goods and Services Tax – Cancellation of GST registration – who have migrated from old regime / existing law but not required to be registered under the GST can apply for cancellation till 31-10-2017 – TMI Updates – Highlights

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Goods and Services Tax – GST – By: – CA.VINOD CHAURASIA – Dated:- 3-10-2017 Last Replied Date:- 5-12-2017 – GST on Custom House Agents Introduction: This article discusses in detail about the GST taxability on Custom house Agents. Customs House Agent means a person licensed, temporarily or otherwise, under the regulations made under sub-section (2) of section 146 of the Customs Act,1962 (52 of 1962); General Rule The default GST rate for services for which specific rate has not been provided by the GST Council is 18%. Hence, 18% GST rate would be applicable for most of the supporting services in transport. Specific Rule Ocean freight Transport of goods in a vessel GST is payable @ 5% with ITC of input services GST on Reverse Charge basis @ 5% to be paid by the importer in case services supplied by a person located in non- taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India. If value of ocean freight

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All other services Detention, DO fee, BL fee, Container cleaning, Agency Charges, Clearance charges, EXW charges etc. 18% GST rates on Air shipments: Sl.no. Description of Service Charges Covered Rate of Tax 1 Transport of goods by Air-Export Prepaid Air Freight on exports and related surcharges and all Origin charges including clearance and billed to entity based in India 18% 2 Transport of goods by Air-Export Prepaid Air Freight on exports billed to overseas client/ Agent All Origin charges including clearance and billed to overseas client/Agent 0% 18% 3 Transport of goods by Air -Import (Prepaid and collect) Air Freight on Import Custom Clearance Charges Origin EXW charges 0% 18% 18% Where s the Place of Supply of Transportation of goods services under the GST law ? When location of both supplier & recipient is India, the place of supply of transportation of good services as per section 12(8) IGST Act shall be: the location of the recipient, if the recipient is a GST registered

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e. Basis the origin and destination of the transaction, analysis of each transaction from point of view of GST is encapsulated below: Inward Shipments – Shipments Coming Into India INWARD SHIPMENT Type of Shipment Legs of Transactions Scope Taxability Under GST Delivered Duty Paid ( DDP ) (i.e Entire liability discharged by Consignor/ Seller) a. Between Consignor and Overseas Agent ( OA ) Contract for delivery of goods from outside India to factory/ warehouse of consignee in India Not taxable since both parties are located outside India b. Between OA and Indian Freight Forwarder ( Indian FF ) Contract to perform the Indian leg of shipment, on behalf of OA and not the Consignor or Consignee Section 12(8)(b) of IGST Act shall apply *refer note below Ex-Works ( EXW ) ( i.e Entire liability discharged by Consignee/ Buyer) a. Between Consignee and Indian FF Contract for delivery of goods from outside India to factory/warehouse of consignee in India Taxable u/s 12(8) of IGST Act b. Between I

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a b. Between Consignee and Indian FF Contract for transportation of goods from foreign port to factory/warehouse of consignee, including clearance and freight charges Taxable u/s 12(8) of IGST Act Outward Shipments – Shipments going Into India OUTWARD SHIPMENT Type of Shipment Legs of Transactions Scope Taxability Under GST Delivered Duty Paid ( DDP ) (i.e Entire liability discharged by Consignor/ Seller) a. Between Consignor and Indian FF Contract for delivery of goods from India to factory/warehouse of consignee outside India Taxable u/s 12(8) of IGST Act b. Between Indian FF and OA Contract to perform the foreign leg of shipment, on behalf of FF and not on the behalf of the Consignor or Consignee Taxable u/s 13(9) of IGST Act. Tax liability shall be discharged on RCM basis. Ex-Works ( EXW ) ( i.e Entire liability discharged by Consignee/ Buyer) a. Between Consignee and OA Contract for delivery of goods from India to factory/warehouse of consignee outside India Not taxable since both

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ontract for transportation of goods from Indian port to factory/warehouse of consignee, including clearance and freight charges Not taxable since both parties are located outside India *Note In respect of transaction performed by Indian FF on behalf of OA, the services are provided to a non-resident entity which would be considered as a non-registered entity. Accordingly, the place of supply of service for unregistered entity will be location where the goods are handed over for transportation i.e. India, provided the air/ocean freight is paid by the OA. Hence, such transaction would be subject to GST. Frequently asked questions 1) What is the rate of tax on export freight when freight is prepaid in India? Ans. 5 %. 2) What is the rate of tax on export freight when it is on collect terms? Ans. Under Sec 13(9) of IGST, this is export of service. So this kind of a transaction is a zero rated supply as per section 16 of IGST Act. 3) What is the rate of tax on THC (Terminal Handling Charges

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Therefore, it would be better to show freight and other charges separately. 8) GST is not applicable for export freight collect shipments where freight is collected by my overseas agent at the destination but is GST applicable when I raise my invoice on my overseas agent for freight or for my share of the freight that was due to me? Also, at what rate can it be charged? Ans. No, as per section 13(9) of IGST Act, if the place of supply of service lies outside India, GST is not applicable. 9) If I handle ex-works export shipment then are charges such as THC, B/L Fee, Customs clearance done in India? Will transport in India, etc. be taxable? Am I supposed to charge my overseas agent tax along with the charges? Ans. In respect of transaction performed by Indian FF on behalf of OA, the services are provided to a non-resident entity which would be considered as a non-registered entity. Accordingly, the place of supply of service for unregistered entity will be location where the goods are h

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rate of tax? Ans. Yes, GST is applicable on export door delivery charges at the rate of 18% if these charges are paid in India. 12) Is GST applicable on export door delivery shipments if the charges are on a collect basis and collected by my agent overseas? Ans. No, as per IGST rule 13(9), this transaction is not taxable. 13) As a freight forwarder, how should I decide if I should charge IGST or SGST/CGST Ans. The main criteria to decide the applicability of IGST vs SGST/CGST on my invoices raised for Indian customers is the location of the recipient of service. If the recipient of services is in the same state as you are, you have to charge SGST/CGST if the recipient is in a different state, you have to charge IGST. 14) If I use the services of a GTA, am I supposed to pay GST under reverse charge? At what rate? Can I claim ITC on the tax paid? Ans. Yes, if you use services of GTA for road transport, GST is payable under reverse charge. You can claim the ITC paid after paying the tax t

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, you must have a state wise registration with separate GSTIN numbers for each state. If you have a full-fledged branch office in Delhi that services Delhi customers then invoices must be raised by your Delhi office for your Delhi customers. Your Mumbai office, in turn, has to raise an invoice on your Delhi office for services supplied by the Mumbai office to the Delhi office. Alternatively, your Mumbai office is free to raise once a month, a consolidated statement for services supplied by the Mumbai office to the Delhi office throughout the month. Your Mumbai office will get to consume the ITC on invoices raised by service providers in Mumbai for freight, THC, etc. Your Delhi office will get to use the ITC on invoices raised by its Mumbai office, in other words, every branch office in a different state than yours must be treated as a vendor. 19) If I have only one office in Maharashtra, is it mandatory for me to have an office/branch office to handle shipments from let s say Chennai?

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e same service. 21) Is there a concept of pure agent/disbursement under GST regime. Ans. Yes, there is pure agent concept in GST, in the previous example, customs broker must ask the CFS, shipping line, etc. to make the invoice in the name of the importer. Customs broker can pay on behalf of the importer and importer will be able to use the ITC. Since the invoice of the CFS, shipping line, etc., is in the name of the importer, the customs broker cannot claim ITC on this transaction. It is advisable that you obtain an authorization letter from your customer (once every year) authorising you to customs clearance, transport, pay shipping lines, etc., on their behalf. 21) Are cash expenses, sundry expenses, operations vouchers, sundries paid to operations staff on per job basis, taxable? Are conveyances paid to operations staff to go from one CFS to another CFS taxable? Are labour charges, carting charges, warai charges, loading/unloading charges paid in cash taxable? Is ITC available on t

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Customs – 11/2017 – Dated:- 3-10-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE; WILLINGDON ISLAND, COCHIN-682009 F. No. FSP/01/2017.Cus Date: 03.10.2017 TRADE FACILITY No. 11/2017 Sub: Procedure for grant of self-sealing permission (SSP) to the exporters in GST regime consequent to CBEC Circular No. 26/2017 – Customs dated 01.07.2017, Circular No. 36/2017 dated 28.08.2017 and Circular No.37/2017 dated 20.09.2017-reg. Attention of all Exporters/ Importers/ Steamer Agents/ Customs Brokers/ Trade & Industry and the Public is invited to the CBEC Circular No. 26/2017-Cus dated 01-7-2017, Circular no. 36/2017 dated 28.08.2017 and Circular No. 37/2017-Cus dated 20.09.2017 on the above subject. 2. Board Circular No. 26/2017-Cus dated 01-7-2017 prescribes changes in the export procedures and sealing of containerized cargo. At present, there are three categories of containers which arrive at the port/ICD: a. Container

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supervised factory stuffing will be automatically entitled for self-sealing procedure. All exporter AEOs will also be eligible for self-sealing. It is clarified that all those exporters who are already operating under the self-sealing procedure need not approach the jurisdictional Customs authorities for the self sealing permission. Exporters with supervised factory stuffing permission need to submit the list of authorised signatories as per point 5.1.3. 5. Containers from the premises falling under the jurisdiction of this Custom House is prescribed as follows: 5.1 The exporter shall:- 5.1.1 Inform the Superintendent of Customs (SSP) of this office about their arrangement to follow self-sealing procedure to export goods from the factory premises or warehouse at least 15 days before the first planned export along with necessary information as per format enclosed as Annexure A'; 5.1.2 Be registered under the GST and should be filing GSTR1 and GSTR2. 5.1.3 Submit therewith a list of

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ill be received in this Office and a duly acknowledged copy returned to the exporter. The Superintendent (SSP) or Inspector of Customs shall inspect the premises with regard to the viability of stuffing of container in the premises and submit a report to the Deputy/ Assistant Commissioner of Customs (SSP) within 48 hours. 7. The Deputy/ Assistant Commissioner shall forward the proposal to the Principal Commissioner/ Commissioner of Customs who would consider granting permission of self-sealing of export containers at the required premises. 8. Self-Sealing permission once granted by a Jurisdictional Principal Commissioner/ Commissioner of Customs shall be valid for exports at all customs stations unless withdrawn by the jurisdictional Principal Commissioner or Commissioner of Customs for non-compliance of law, rules and regulations. 9. Subsequently, the exporter shall only intimate the shipment/ self-sealing particulars to the Superintendent of Customs (SSP) one day in advance to the pl

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factory/ premises is not favourable, the exporter shall bring the goods to the Container Freight Station / Inland Container Depot for export. 13. Where exporter is not a GST registrant, he shall bring the export goods to a Container Freight Station/Inland Container Depot for stuffing and sealing of the container. However, in certain situations, an exporter may follow the self-sealing procedure even if he is not required to be registered under GST Laws. Such an exception is available to the Status Holders recognized by DGFT under a valid status holder certificate issued in this regard. 14. In case exporter(s) wants to change the approved premise(s), they shall make a request as per the procedures prescribed in this Trade Facility and a fresh permission shall be granted before commencement of self sealing at the new premises. 15. The exporter intending to clear export goods on self-clearance (without employing a Customs Broker) shall file the Shipping Bill under digital signature. 16. A

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th the same electronic seal before leaving the premises. The concept of e- seal is further elaborated in the Board Circular 36/2017-Customs dated 28.08.2017 and 37/2017-Customs dated 20.09.2017. 18. However, as a measure of facilitation, the existing practice of sealing the container with a bottle seal would continue till 31.10.2017. The list of Vendors providing E-seals is made available on the website of CBEC (www.cbec.gov.in) for ease of reference of the trade (as per Circular No. 37/2017- Cus dated 20.09.2017). 19. Examination norms as prescribed under Circular No. 6/ 2002-Cus., dated 23.01.2002 (as amended) shall be applicable for all consignments. In case, the RFID seals of the containers are found to be tampered with, then mandatory examination would be carried out by the Customs authorities. 20. Custodians and Customs Brokers are also advised to proactively engage with vendors of c-seals regarding availability of reading facilities at container terminals and ICDs so that there

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GST – States – G.S.R.046/P.A.5/2017/S.164/Amd.(4)/2017 – Dated:- 3-10-2017 – GOVERNMENT OF PUNJAB DEPARTMENT OF EXCISE AND TAXATION (EXCISE AND TAXATION-II BRANCH) NOTIFICATION The 3rd October, 2017 No. G.S.R.46/P.A.5/2017/S.164/Amd.(4)/2017.-In exercise of the powers conferred by section 164 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No.5 of 2017), and all other powers enabling him in this behalf, the Governor of Punjab, on the recommendations of the Council, is pleased to make the following amendment further to the Punjab Goods and Services Tax Rules, 2017, namely:- RULES (1) These rules may be called the Punjab Goods and Services Tax (Fourth Amendment) Rules, 2017. (2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette. 2. In the Punjab Goods and Services Tax Rules, 2017, (hereinafter referred to as the principal rules), in rule 3, – (i) after sub-rule (3), the following sub-rule shall be in

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ter rule 120, the following rule shall be inserted, namely:- 120A. Every registered person who has submitted a declaration electronically in FORM GST TRAN-1 within the time period specified in rule 117, rule 118, rule 119 and rule 120 may revise such declaration once and submit the revised declaration in FORM GST TRAN-1 electronically on the common portal within the time period specified in the said rules or such further period as may be extended by the Commissioner in this behalf. ; 4. In the principal rules, in rule 122, in clause (b), after the words Commissioners of State tax or central tax , the words for at least one year shall be inserted; 5. In the principal rules, in rule 124, – (i) for sub-rule (3), the following sub-rule shall be substituted, namely:- "(3) The Technical Member shall be paid a monthly salary and other allowances and benefits as are admissible to him when holding an equivalent Group 'A' post in the Government of India: Provided that where a retire

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erformance report to the Council by the tenth of the close of each quarter."; 7. In the principal rules, in rule 138, in sub-rule (1), the following provisos shall be inserted, namely:- Provided that where goods are sent by a principal located in one State to a job-worker located in any other State, the e-way bill shall be generated by the principal irrespective of the value of the consignment; Provided further that where handicraft goods are transported from one State to another by a person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of section 24, the e-way bill shall be generated by the said person irrespective of the value of the consignment. Explanation – For the purposes of this rule, the expression handicraft goods has the meaning as assigned to it in the Government of Punjab, Department of Excise and Taxation, notification No. S.O.57/P.A.5/2017/S.23/2017 dated 3rd October, 2017. ; 8. In the principal rules, with effect fr

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GST – States – G.O. Ms. No. 29/2017-Puducherry GST (Rate) – Dated:- 3-10-2017 – GOVERNMENT OF PUDUCHERRY COMMERCIAL TAXES SECRETARIAT [G.O. Ms. No. 29/2017-Puducherry GST (Rate), Puducherry, dated 3rd October 2017] NOTIFICATION In exercise of the powers conferred by clause (ii) of the proviso to sub-section (3) of section 54 of the Puducherry Goods and Services Tax Act, 2017 (Act No. 9 of 2017), the Lieutenant-Governor, Puducherry, on the recommendations of the Council, hereby makes the followi

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GST – States – G.O. Ms. No. 28/2017-Puducherry GST (Rate) – Dated:- 3-10-2017 – GOVERNMENT OF PUDUCHERRY COMMERCIAL TAXES SECRETARIAT [G.O. Ms. No. 28/2017-Puducherry GST (Rate), Puducherry, dated 3rd October 2017] NOTIFICATION In exercise of the powers conferred by sub-section (1) of section 11 of the Puducherry Goods and Services Tax Act, 2017 (Act No.6 of 2017), the Lieutenant-Governor, Puducherry, on the recommendations of the Council, hereby makes the following amendments in the notification of the Commercial Taxes Secretariat, Government of Puducherry issued vide G. O. Ms. No. 2/2017-Puducherry GST (Rate), dated the 29th June, 2017, published in the Gazette of Puducherry, Extraordinary, Part-I, No. 95, dated the 29th June, 2017, namely:- In the said notification,- (A) in the Schedule,- (i) against Serial number 27, in column (3), for the words "other than put up in unit containers and bearing a registered brand name", the words, brackets and letters "other than th

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rs 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 77 and 78, in column (3), for the words "other than those put up in unit container and bearing a registered brand name", the words, brackets and letters "other than those put up in unit container and,- (a) bearing a registered brand name; or (b) bearing a brand name on which an actionable claim or enforceable right in a Court of Law is available [other than those where any actionable claim or enforceable right in respect of such brand name has been foregone voluntarily, subject to the conditions as in the ANNEXURE I]", shall be substituted; (iv) against Serial number 101, in column (3), for the words "other than put up in unit container and bearing a registered brand name", the words, brackets and letters "other than those put up in unit container and,- (a) bearing a registered brand name; or (b) bearing a brand name on which an actionable claim or enforceable right in a Court of Law is available [other t

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shall be inserted, namely:- "102A 2306 Cotton seed oil cake"; (viii) after S. No. 130 and the entries relating thereto, the following Serial number and the entries shall be inserted, namely:- "130A 50 to 55 Khadi fabric, sold through Khadi and Village Industries Commission(KVIC) and KVIC certified institutions/outlets"; (ix) after S. No. 135 and the entries relating thereto, the following Serial number and the entries shall be inserted, namely:- "135A 69 Idols made of clay" ; (x) in S. No. 138, for the entry in column (3), the entry "Charkha for hand spinning of yarns, including amber charkha", shall be substituted; (xi) in S. No. 143, for the entry in column (3), the entry "Indigenous handmade musical instruments as listed in ANNEXURE II", shall be substituted; (xii) in S. No. 144, for the entry in column (3), the entry "Muddhas made of sarkanda, Brooms or brushes, consisting of twigs or other vegetable materials, bound together,

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other country."; (C) after paragraph 2, the following Annexures shall be inserted, namely:- "ANNEXURE-I For foregoing an actionable claim or enforceable right on a brand name,- (a) the person undertaking packing of such goods in unit containers which bears a brand name shall file an affidavit to that effect with the Commissioner of State Tax that he is voluntarily foregoing his actionable claim or enforceable right on such brand name as defined in Explanation (ii)(a); and (b) the person undertaking packing of such goods in unit containers which bear a brand name shall, on each such unit containers, clearly print in indelible ink, both in English and the local language, that in respect of the brand name as defined in Explanation (ii)(a) printed on the unit containers he has foregone his actionable claim or enforceable right voluntarily. ANNEXURE-II Sl. No. List of indigenous handmade musical instruments (1) (2) 1 Bulbul Tarang 2 Dotar, Dotora, or Dotara 3 Ektara 4 Getchu Vadya

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ped) 65 Ekkalam 66 Karnal 67 Ramsinga 68 Kahal 69 Nagphani 70 Turi 71 Dhad 72 Damru 73 Dimadi 74 Dhol 75 Dholak 76 Dholki 77 Duggi 78 Ghatsinghari or gadasingari 79 Ghumot 80 Gummeta 81 Kanjira 82 Khol 83 Kinpar and Dhopar (tribal drums) 84 Maddale 85 Maram 86 Mizhavu 87 Mridangam 88 Pakhavaj 89 Pakhavajjori – Sikh instrument similar to tabla 90 Panchamukhavadyam 91 Pung 92 Shuddhamadalam or Maddalam 93 Tabala/tabl/chameli – goblet drum 94 Tabla 95 Tablatarang – set of tablas 96 Tamte 97 ThanthiPanai 98 Thimila 99 Tumbak, tumbaknari, tumbaknaer 100 Daff, duff, daf or dufDimdi or dimri – small frame drum without jingles. 101 Kanjira – small frame drum with one jingle 102 Kansi – small without jingles 103 Patayanithappu – medium frame drum played with hands 104 Chenda 105 Dollu 106 Dhak 107 Dhol 108 Dholi 109 Idakka 110 Thavil 111 Udukai 112 Chande 113 Nagara – pair of kettledrums 114 Pambai – unit of two cylindrical drums 115 Paraithappu, halgi – frame drum played with two sticks 116 Sa

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GST – States – G.O. Ms. No. 27/2017-Puducherry GST (Rate) – Dated:- 3-10-2017 – GOVERNMENT OF PUDUCHERRY COMMERCIAL TAXES SECRETARIAT [G.O. Ms. No. 27/2017-Puducherry GST (Rate), Puducherry, dated 3rd October 2017] NOTIFICATION In exercise of the powers conferred by sub-section (1) of section 9 of the Puducherry Goods and Services Tax Act, 2017 (Act No. 6 of 2017), the Lieutenant-Governor, Puducherry, on the recommendations of the Council, hereby makes the following amendments in the notification of the Commercial Taxes Secretariat, Government of Puducherry issued vide G. O. Ms. No. 1/2017-Puducherry GST (Rate), dated the 29th June, 2017, published in the Gazette of Puducherry, Extraordinary, Part-I, No. 95, dated the 29th June, 2017, namely:- In the said notification,- (A) in Schedule I-2.5%,- (i) against Serial numbers 11, 13, 25, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58 and 59, in column (3), for the words "put up in unit container and bearing a registered brand name

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"[other than aquatic feed including shrimp feed and prawn feed, poultry feed and cattle feed, including grass, hay and straw, supplement and husk of pulses, concentrates and additives, wheat bran and de-oiled cake]", shall be omitted; (vi) in S. No. 106, in column (3), the brackets and words, "[other than aquatic feed including shrimp feed and prawn feed, poultry feed and cattle feed, including grass, hay and straw, supplement and husk of pulses, concentrates and additives, wheat bran and de-oiled cake]", shall be omitted; (vii) in S. No. 107, in column (3), for the words, "[other than aquatic feed including shrimp feed and prawn feed, poultry feed and cattle feed, including grass, hay and straw, supplement and husk of pulses, concentrates and additives, wheat bran and de-oiled cake", the words "other than cotton seed oil cake]", shall be substituted; (viii) in S. No. 185, for the entry in column (3), the entry "Agarbatti, lobhan, dhoopbatt

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v) after S. No. 259 and the entries relating thereto, the following Serial number and the entries shall be inserted, namely:- "259A 9601 Worked corals other than articles of coral"; (xv) for S. No. 260 and the entries relating thereto, the following shall be substituted, namely:- "260 9603 (other than 9603 1000). Broomsticks [other than brooms consisting of twigs or other vegetable materials bound together, with or without handles]" ; (xvi) after S. No. 263 and the entries relating thereto, the following Serial number and the entries shall be inserted, namely:- "263A Any chapter Rosaries, prayer beads or Hawansamagri" ; (B) in Schedule II-6%,- (i) in S. No. 15, in column (3), the word "walnuts,", shall be omitted; (ii) in S. No. 17, in column (3), for the words and figure "dried fruits of Chapter 8", the words, figure and brackets, "dried fruits of Chapter 8 [other than tamarind, dried]", shall be substituted: (iii) in S. No.

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conditions as specified in the ANNEXURE]", shall be substituted; (vi) in S. No. 73, in column (3), for the word "agarbattis", the words, "agarbattis, lobhan, dhoopbatti, dhoop, sambhrani", shall be substituted; (vii) after S. No. 85 and the entries relating thereto, the following Serial number and the entries shall be inserted, namely:- "85A 4016 Rubber bands"; (viii) after S. No. 92 and the entries relating thereto, the following Serial number and the entries shall be inserted, namely:- "92A 44, 68, 83. Idols of wood, stone [including marble] and metals [other than those made of precious metals]"; (ix) after S. No. 99 and the entries relating thereto, the following Serial number and the entries shall be inserted, namely:- "99A 4419 Tableware and Kitchen ware of wood" ; (x) in S. No. 128, in column (3), for the words "similar documents of title", the words and brackets, "similar documents of title [other than Duty C

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or low reliefs, crosses, figures of animals, bowls, vases, cups, cachou boxes, writing sets, ashtrays, paper weights, artificial fruit and foliage, etc.; other ornamental goods essentially of stone"; (xvi) after S.No. 177 and the entries relating thereto, the following Serial numbers and the entries shall be inserted, namely:- "177A 6909 Pots, jars and similar articles of a kind used for the conveyance and packing of goods of ceramic. 177B 6911 Tableware, kitchenware, other household articles and toilet articles, of porcelain or china. 177C 6912 Tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china. 177D 6913 Statues and other ornamental articles"; (xvii) after S. No. 189 and the entries relating thereto, the following Serial number and the entries shall be inserted, namely:- "189A 8306 Bells, gongs and the like, non-electric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or simila

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ket, "Diabetic foods, Custard powder;[other than batters including idli/dosa batter, Namkeens", shall be substituted; (ii) in S. No. 111, in column (3), for the words "Plastic Tarpaulin", the words, "Plastic Tarpaulin, Medical grade sterile disposable gloves, Plastic raincoats", shall be substituted; (iii) after S. No. 123 and the entries relating thereto, the following Serial number and the entries shall be inserted, namely:- "123A 4016 Rice rubber rolls for paddy de-husking machine"; (iv) S. No. 140 and the entries thereof shall be omitted; (v) in S. No. 157, in column (3), for the words "Braille paper", the words "Braille paper, kites, paper mache articles" shall be substituted; (vi) in S. No. 172, in column (3), for the words, "of felt", the words and brackets, "of felt [other than textile caps]", shall be substituted; (vii) S. Nos. 186 and 187 and the entries thereof shall be omitted; (viii) S. No. 304

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for the words, " plastic tarpaulins", the words "plastic tarpaulins, medical grade sterile disposable gloves, plastic raincoats", shall be substituted; (iii) in S. No. 49, in column (3), for the words, "other than erasers", the words, "other than erasers, rubber bands, rice rubber rolls for paddy de-husking machine", shall be substituted; (iv) in S. No. 70, in column (3), for the words, "of other calcareous stone", the words and brackets, "of [other calcareous stone (other than statues), statuettes, pedestals; high or low reliefs, crosses, figures of animals, bowls, vases, cups, cachou boxes, writing sets, ashtrays, paper weights, artificial fruit and foliage; other ornamental goods essentially of stone]", shall be substituted; (v) in S. No. 85, the words, "; ceramic pots, jars and similar articles of a kind used for the conveyance or packing of goods", shall be omitted; (vi) S. No. 87 and the entries thereof shall

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ng unsorted diamonds", shall be substituted; (G) in the Explanation, for clause (ii), the following shall be substituted, namely:- "(ii) (a) The phrase "brand name" means brand name or trade name, that is to say, a name or a mark, such as symbol, monogram, label, signature or invented word or writing which is used in relation to such specified goods for the purpose of indicating, or so as to indicate a connection in the course of trade between such specified goods and some person using such name or mark with or without any indication of the identity of that person. (b) The phrase "registered brand name" means,- (A) a brand registered as on the 15th May 2017 under the Trade Marks Act, 1999, irrespective of whether or not the brand is subsequently deregistered; (B) a brand registered as on the 15th May 2017 under the Copyright Act, 1957(Central Act 14 of 1957); (C) a brand registered as on the 15th May 2017 under any law for the time being in force in any ot

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GST – States – J.21011/1/2017-TAX/Vol-I/Pt – Dated:- 3-10-2017 – GOVERNMENT OF MIZORAM TAXATION DEPARTMENT … NOTIFICATION No.J. 21011/1/2017-TAX/Vol-I/Pt, the 3rd October, 2017. In exercise of the powers conferred by section 168 of the Mizoram Goods and Services Tax Act, 2017 (6 of 2017) read with sub-rule (5) of rule 61 of the Mizoram Goods and Services Tax Rules, 2017 and Notification No.J.21011/1/2017-TAX/Vol-II/Pt-II dated the 12th September, 2017, the Commissioner, on the recommendations of the Council, hereby specifies that the return for the month as specified in column (2) of the Table below shall be furnished in FORM GSTR-3B electronically through the common portal on or before the last dates as specified in the corresponding en

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GST – States – S.O.062/P.A.5/2017/S.168/2017 – Dated:- 3-10-2017 – GOVERNMENT OF PUNJAB DEPARTMENT OF EXCISE AND TAXATION (EXCISE AND TAXATION-II BRANCH) NOTIFICATION The 3rd October, 2017 No. S.O.62/P.A.5/2017/S.168/2017.- In exercise of the powers conferred by section 168 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No.5 of 2017) read with sub-rule (5) of rule 61 of the Punjab Goods and Services Tax Rules, 2017, the Commissioner, on the recommendations of the Council, hereby specifies that the return for the month as specified in column (2) of the Table below shall be furnished in FORM GSTR-3B electronically through the common portal on or before the last dates as specified in the corresponding entry in column (3) of the sa

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GST – States – 36/2017-State Tax – Dated:- 3-10-2017 – GOVERNMENT OF SIKKIM FINANCE, REVENUE AND EXPENDITURE DEPARTMENT COMMERCIAL TAXES DIVISION GANGTOK No.36/2017-State Tax Date: 03/10/2017 NOTIFICATION In exercise of the powers conferred by section 164 of the Sikkim Goods and Services Tax Act, 2017 (9 of 2017), the State Government hereby makes the following rules further to amend the Sikkim Goods and Services Tax Rules, 2017, namely:- (1) These rules may be called the Sikkim Goods and Services Tax (Ninth Amendment) Rules, 2017. 2. In the Sikkim Goods and Services Tax Rules, 2017, – (i) in rule 24, in sub-rule (4), for the figures, letters and word, 30th September , the figures, letters and word 31st October shall be substituted; (ii) i

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Goods and Services Tax – Started By: – ROHIT GOEL – Dated:- 2-10-2017 Last Replied Date:- 3-10-2017 – 8418090 FOR TURBO VENTILATOR AS PER WHICH IGST RATE OF 28% APPLICABLE SOME PROFESSIONALS ARE OF THE VIEW THAT RENEWABLE ENERGY DEVICE UNDER CHAPTER 84 OR 85 ARE SUBJECT TO IGST RATE OF 5%. CAN SOMEONE HELP IN FINDING THE CORRECT RATE APPLICABLE TO TURBO VENTILATORS – Reply By Rajagopalan Ranganathan – The Reply = Sir, As per sl. No. 120 of Schedule IV of Notification No. 1/2017-IGST (Rate) date

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Goods and Services Tax – GST – Dated:- 1-10-2017 – Faridabad, Oct 1 (PTI) Finance Minister Arun Jaitley on Sunday hinted that there is scope for lesser slabs under the Goods and Services Tax (GST) once there is revenue buoyancy. We have almost by the day, space and scope for improvement. We have space for improvement and need for improvement to reduce compliance burden as far as small taxpayers are concerned, he said at an event here. We have space for improvement, eventually once we become rev

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Goods and Services Tax – Facility of furnishing Letter of Undertaking extended to more exporters – TMI Updates – Highlights

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Goods and Services Tax – GST – Dated:- 1-10-2017 – Small exporters have brought to the notice of the Government the difficulties in furnishing bond with requisite bank guarantee. To facilitate exports under GST, it has been decided that the facility of furnishing Letter of Undertaking, in place of a bond, for exporting goods or services or both shall be allowed to exporters and no bank guarantee will be required.The relevant notification for this shall be issued in due course. The issue of cash

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Customs – Public Notice No. 31/2017 – Dated:- 1-10-2017 – OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, AHMEDABAD – 380009. F.N0. V111/48-154/Cus/T/2017 Dated: 01.10.2017 Public Notice No. 31/2017 Subject:- Refund of IGST paid on export of goods under Rule 96 of CGST Rules, 2017- Reg. All the Exporters & Traders are hereby informed that the Central Board of Excise & Customs vide its Instruction No. 15/2017 dated 09.10.2017 issued vide F.NO. 450/119/2017-cus IV have issued Instruction and guideline for refund of IGST paid on export of goods under Rule 96 of the CGST Rules, 2017. 2. Rule 96 of the CGST Rules 2017 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 or Form GSTR- 3B, as the case may be has been filed.

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ectronically with the corresponding details available in Customs Systems as per details provided in shipping bills/bill of export. Thus, exporter must file their GSTR-1 very carefully to ensure that all relevant details match. For convenience, the details available in the Customs System has been made available for viewing in their ICEGATE login. 4.1 Exporters who have not filed their GSTR-1 for the month of July 2017 are advised to do so immediately. 4.2 For month of August 2017 and subsequent months, facility of filing GSTR-1 has not been made available by GSTN at present. In order to facilitate processing of refunds, GSTN is making available a separate utility for filing details in Table 6A of GSTR-1 on the GSTN web portal. Exporters are advised to submit the requisite details once GSTN develops the utility. valid return in Form GSTR-3 or Form GSTR-3B 5. Filling of valid return in GSTR-3 or GSTR-3B is another pre-condition for considering shipping bill/Bill of export as claim of refu

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align it with their GST registration particulars or add the account declared with Customs in their GST registration details. 6.1 Further, as the refund payments are being routed through the Public Financial Management System (PFMS) portal, the bank account needs to be verified and validated by PFMS. The status of the 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. Export in violation of the provisions of the Customs Act, 1962 7. In case where proper officer determines that the goods were exported in violation of the provisions of the Customs Act, 1962, IGST refund will be withheld in terms sub rule 94(4)(b) of aforesaid Rule 96 of the CGST Rules, 2017. 8. Guidelines and procedures f

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Goods and Services Tax – To facilitate exports under GST, it has been decided to allow exporters the facility of furnishing Letter of Undertaking in place of a bond – This facility of furnishing Lette

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Customs – Import – Export – SEZ – By: – Manoj Kasture – Dated:- 29-9-2017 Last Replied Date:- 29-9-2017 – IMPORT OF GOODS, DUTIES APPLICABLE AND CREDIT GST has brought about big change in levies related to Imports, Exports and more importantly the Credit permissibility. BASIC PROVISIONS OF CUSTOMS ACT, CUSTOMS TARIFF ACT, Integrated GST (IGST) and All types of Customs Duty and IGST, GST Compensation Cess: Basic Customs Duty – Sec 12 of Customs Act for Levy of Basic Customs Duty (BCD) Valuation of Goods for Customs Duty – Sec 14 of Customs Act Additional Duty (Also called CVD) – Sec 3(1) of Customs Tariff Act 1975 – {Equal to Excise Duty} Additional Duty (Part excise Duty as may be notified) – Sec 3(3) of Customs Tariff Act 1975 – Additional Duty (Part excise Duty as may be notified) Sec 3(2) of Customs Tariff Act 1975 – Valuation of Goods for Duty under Sec 3(1) and Sec 3(3) Special Additional Duty (SAD) – Sec 3(5) of Customs Tariff Act – {equal to VAT} Import of Goods – Sec 2(10) of

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per Customs Tariff Act . Point to note: BCD is applicable only on GOODS. Import of Services is not subjected to BCD. BCD (Basic Customs Duty) continues in GST regime. Sec 12 of Customs Act for levy of BCD also continues in GST Regime. Credit of BCD is not permitted. Valuation of Goods Imported or Exported as per Sec 14 of Customs Act 1962: Sec 14 deals with valuation of Goods imported or exported. Transaction value is elaborated here. It means price paid or payable for goods imported or exported subject to two conditions: Price is sole criteria Both parties are not related Transaction value includes commissions and brokerage, engineering, design works, royalties, licence fees, cost of transportation, insurance, loading, unloading and handline charges. Transaction value related provisions under Customs Act continue even post 1st July 17 and please note that in GST similar provisions for Valuation are made. Additional Duty (Also called CVD) equal to Excise – Sec 3(1) of Customs Tariff Ac

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– Sec 3(2) of Customs Tariff Act (CTA) CVD and Additional Duty will be applicable on the summation of the following: Value of Goods imported Basic Customs Duty as per Sec 12 of Customs Act Not Included: CVD as per Sec 3(1) of Customs Tariff Act Part Additional Duty as per Sec 3(3) of Customs Tariff Act Special Additional Duty (SAD) – Sec 3(5) of Customs Tariff Act Safeguard Duty – Sec 8B of Customs Tariff Act Anti-Dumping Duty – Sec 9A of Customs Tariff Act IGST – Sec 3(7) of Customs Tariff Act GST Compensation Cess – Sec 3(9) of Customs Tariff Act Special Additional Duty (SAD) – Sec 3(5) of Customs Tariff Act SAD equal to State Sales Tax or VAT is levied. These are notified. Post GST, the list of Goods attracting SAD is very small. For our business, none of our materials or capital Goods would attract SAD post GST. Import of Goods – Sec 2(10) of IGST Act Import of Goods as per IGST Act means bringing Goods into India from place outside India. In GST, only if Goods when being brought t

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e on any imported article if such cess is notified and applicable on the goods in India. Credit of IGST – Sec 20 of IGST Act All provisions of Credit as per CGST Act will apply for IGST. Credit of Cess – Sec 11 of GST Compensation to Cess Act 2017 Credit of Cess is permitted and governed by CGST Act. Key difference between pre-GST and post GST Credit Eligibility for builders: Duty Credit Eligibility Pre-GST Credit Eligibility Post GST Basic Customs Duty – Sec 12 of Customs Act Credit Disallowed No credit allowed CVD – Sec 3(1) of Customs Tariff Act Credit Allowed in 2 years Not applicable for our materials and Capital Goods SAD – Sec 3(5) of Customs Tariff Act Credit Disallowed Same as above IGST – Sec 3(7) of Customs Tariff Act Did not exist Credit Allowed GST Compensation Cess – Sec 3(9) of Customs Tariff Act Did not exist Credit Allowed Whether credit on Inputs (Goods for Construction) permitted ?? NO YES Whether credit on Capital Goods permitted ?? To extent of CVD only IGST Credit

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Goods and Services Tax – GST – By: – CA.VINOD CHAURASIA – Dated:- 29-9-2017 – Introduction: This article discusses in detail about the GST taxability on Custom house Agents. Customs House Agent means a person licensed, temporarily or otherwise, under the regulations made under sub-section (2) of section 146 of the Customs Act,1962 (52 of 1962); General Rule The default GST rate for services for which specific rate has not been provided by the GST Council is 18%. Hence, 18% GST rate would be applicable for most of the supporting services in transport. Specific Rule Ocean freight Transport of goods in a vessel GST is payable @ 5% with ITC of input services GST on Reverse Charge basis @ 5% to be paid by the importer in case services supplied by a person located in non- taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India. If value of ocean freight is not available with the importer then value shall be d

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leaning, Agency Charges, Clearance charges, EXW charges etc. 18% GST rates on Air shipments: Sl no Description of Service Charges Covered Rate of Tax 1 Transport of goods by Air-Export Prepaid Air Freight on exports and related surcharges and all Origin charges including clearance and billed to entity based in India 18% 2 Transport of goods by Air-Export Prepaid Air Freight on exports billed to overseas client/ Agent All Origin charges including clearance and billed to overseas client/Agent 0% 18% 3 Transport of goods by Air -Import (Prepaid and collect) Air Freight on Import Custom Clearance Charges Origin EXW charges 0% 18% 18% Where s the Place of Supply of Transportation of goods services under the GST law ? When location of both supplier & recipient is India, the place of supply of transportation of good services as per section 12(8) IGST Act shall be: the location of the recipient, if the recipient is a GST registered person; if the recipient is an unregistered person, the pl

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alysis of each transaction from point of view of GST is encapsulated below: Inward Shipments – Shipments Coming Into India INWARD SHIPMENT Type of Shipment Legs of Transactions Scope Taxability Under GST Delivered Duty Paid ( DDP ) (i.e Entire liability discharged by Consignor/ Seller) a. Between Consignor and Overseas Agent ( OA ) Contract for delivery of goods from outside India to factory/ warehouse of consignee in India Not taxable since both parties are located outside India b. Between OA and Indian Freight Forwarder ( Indian FF ) Contract to perform the Indian leg of shipment, on behalf of OA and not the Consignor or Consignee Section 12(8)(b) of IGST Act shall apply *refer note below Ex-Works ( EXW ) ( i.e Entire liability discharged by Consignee/ Buyer) a. Between Consignee and Indian FF Contract for delivery of goods from outside India to factory/ warehouse of consignee in India Taxable u/s 12(8) of IGST Act b. Between Indian FF and OA Contract to perform the origin leg of tra

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rtation of goods from foreign port to factory/warehouse of consignee, including clearance and freight charges Taxable u/s 12(8) of IGST Act Outward Shipments – Shipments going Into India OUTWARD SHIPMENT Type of Shipment Legs of Transactions Scope Taxability Under GST Delivered Duty Paid ( DDP ) (i.e Entire liability discharged by Consignor/ Seller) a. Between Consignor and Indian FF Contract for delivery of goods from India to factory/warehouse of consignee outside India Taxable u/s 12(8) of IGST Act b. Between Indian FF and OA Contract to perform the foreign leg of shipment, on behalf of FF and not on the behalf of the Consignor or Consignee Taxable u/s 13(9) of IGST Act. Tax liability shall be discharged on RCM basis. Ex-Works ( EXW ) ( i.e Entire liability discharged by Consignee/ Buyer) a. Between Consignee and OA Contract for delivery of goods from India to factory/warehouse of consignee outside India Not taxable since both parties are located outside India b. Between OA and Indi

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actory/warehouse of consignee, including clearance and freight charges Not taxable since both parties are located outside India *Note In respect of transaction performed by Indian FF on behalf of OA, the services are provided to a non-resident entity which would be considered as a non-registered entity. Accordingly, the place of supply of service for unregistered entity will be location where the goods are handed over for transportation i.e. India, provided the air/ocean freight is paid by the OA.Hence, such transaction would be subject to GST. Frequently asked questions 1) What is the rate of tax on export freight when freight is prepaid in India? Ans. 5 %. 2) What is the rate of tax on export freight when it is on collect terms? Ans. Under Sec 13(9) of IGST, this is export of service. So this kind of a transaction is a zero rated supply as per section 16 of IGST Act. 3) What is the rate of tax on THC (Terminal Handling Charges), IHC (Inland Haulage Charges ), B/L Fee s, and other ori

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charges separately. 8) GST is not applicable for export freight collect shipments where freight is collected by my overseas agent at the destination but is GST applicable when I raise my invoice on my overseas agent for freight or for my share of the freight that was due to me? Also, at what rate can it be charged? Ans. No, as per section 13(9) of IGST Act, if the place of supply of service lies outside India, GST is not applicable. 9) If I handle ex-works export shipment then are charges such as THC, B/L Fee, Customs clearance done in India? Will transport in India, etc. be taxable? Am I supposed to charge my overseas agent tax along with the charges? Ans. In respect of transaction performed by Indian FF on behalf of OA, the services are provided to a non-resident entity which would be considered as a non-registered entity. Accordingly, the place of supply of service for unregistered entity will be location where the goods are handed over for transportation i.e. India, provided the ai

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elivery charges at the rate of 18% if these charges are paid in India. 12) Is GST applicable on export door delivery shipments if the charges are on a collect basis and collected by my agent overseas? Ans. No, as per IGST rule 13(9), this transaction is not taxable. 13) As a freight forwarder, how should I decide if I should charge IGST or SGST/CGST Ans. The main criteria to decide the applicability of IGST vs SGST/CGST on my invoices raised for Indian customers is the location of the recipient of service. If the recipient of services is in the same state as you are, you have to charge SGST/CGST if the recipient is in a different state, you have to charge IGST. 14) If I use the services of a GTA, am I supposed to pay GST under reverse charge? At what rate? Can I claim ITC on the tax paid? Ans. Yes, if you use services of GTA for road transport, GST is payable under reverse charge. You can claim the ITC paid after paying the tax to the government. 15) If I am not a GTA and provide servi

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STIN numbers for each state. If you have a full-fledged branch office in Delhi that services Delhi customers then invoices must be raised by your Delhi office for your Delhi customers. Your Mumbai office, in turn, has to raise an invoice on your Delhi office for services supplied by the Mumbai office to the Delhi office. Alternatively, your Mumbai office is free to raise once a month, a consolidated statement for services supplied by the Mumbai office to the Delhi office throughout the month. Your Mumbai office will get to consume the ITC on invoices raised by service providers in Mumbai for freight, THC, etc. Your Delhi office will get to use the ITC on invoices raised by its Mumbai office, in other words, every branch office in a different state than yours must be treated as a vendor. 19) If I have only one office in Maharashtra, is it mandatory for me to have an office/branch office to handle shipments from let s say Chennai? Ans. If you have an office only in one state, it is not m

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ursement under GST regime. Ans. Yes, there is pure agent concept in GST, in the previous example, customs broker must ask the CFS, shipping line, etc. to make the invoice in the name of the importer. Customs broker can pay on behalf of the importer and importer will be able to use the ITC. Since the invoice of the CFS, shipping line, etc., is in the name of the importer, the customs broker cannot claim ITC on this transaction. It is advisable that you obtain an authorization letter from your customer (once every year) authorising you to customs clearance, transport, pay shipping lines, etc., on their behalf. 21) Are cash expenses, sundry expenses, operations vouchers, sundries paid to operations staff on per job basis, taxable? Are conveyances paid to operations staff to go from one CFS to another CFS taxable? Are labour charges, carting charges, warai charges, loading/unloading charges paid in cash taxable? Is ITC available on these expenses? Ans. Yes, every transaction is taxable. Ca

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GST – Order No. 04/2017 – Dated:- 29-9-2017 – F. No. 349/58/2017-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs *** New Delhi, the 29th September, 2017 Order No. 04/2017-GST 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

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