The Madhya Pradesh Goods and Services Tax (Amendment) Rules, 2017.

GST – States – FA-3-54/2017-1-V-(117) – Dated:- 29-9-2017 – Commercial Tax Department Mantralaya, Vallabh Bhawan, Bhopal Bhopal, the 29th September 2017 FA-3-54/2017-1-V-(117).-In exercise of the powers conferred by Section 164 of the Madhya Pradesh Goods and Services Tax Act, 2017 (No. 19 of 2017), the State Government, hereby further amends the Madhya Pradesh Goods and Services Tax Rules, 2017, namely:- AMENDMENT 1. In the Madhya Pradesh 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) in rule 118, for the words a period of ninety days of the appointed day , the words and figures the period specif

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Last Date for filing of return in FORM GSTR-3B

GST – States – 04/2017 – State Tax – Dated:- 29-9-2017 – DEPARTMENT OF TRADE AND TAXES (GST-POLICY BRANCH) NOTIFICATION No. 04 /2017-State Tax Delhi, the 29th September, 2017 (Reference notification no. 35/2017 of GOI) No. F. 2(3)/Policy-GST/2017/870-81.-In exercise of the powers conferred by sub-rule (5) of rule 61 of the Delhi Goods and Services Tax Rules, 2017, read with notification dated 11.08.2017 and notification no. 22/2017-State Tax, dated 22.08.2017, 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 correspond

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The Gujarat Goods and Services Tax (Eighth Amendment) Rules, 2017.

GST – States – 36/2017-State Tax – Dated:- 29-9-2017 – NOTIFICATION FINANCE DEPARTMENT. Sachivalaya, Gandhinagar. Notification No. 36/2017-State Tax Dated the 29th September, 2017. No. (GHN-92)/GSTR-2017(10)-TH:- In exercise of the powers conferred by section 164 of the Gujarat Goods and Services Tax Act, 2017 (Guj.25 of 2017), the Government of Gujarat, hereby makes the following rules further to amend the Gujarat Goods and Services Tax Rules, 2017, namely:- 1. These rules may be called the Gujarat Goods and Services Tax (Eighth Amendment) Rules, 2017. 2. In the Gujarat 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 b

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The Rajasthan Goods and Services Tax (Eighth Amendment) Rules, 2017.

GST – States – F.No.12(46)FD/Tax/2017-Pt-II-105 – Dated:- 29-9-2017 – GOVERNMENT OF RAJASTHAN FINANCE DEPARTMENT (Tax Division) NOTIFICATION Jaipur, dated: September 29, 2017 In exercise of the powers conferred by section 164 of the Rajasthan Goods and Services Tax Act, 2017 (Act No. 9 of 2017), the State Government hereby makes the following rules further to amend the Rajasthan Goods and Services Tax Rules, 2017, namely:- 1. Short title and commencement.- (1) These rules may be called the Rajasthan Goods and Services Tax (Eighth Amendment) Rules, 2017. 2. In the Rajasthan 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

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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

Goods and Services Tax – 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 In exercise of the powers conferred by sub-rule (4) of rule 3 of the Central Goods

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Exempting supply of services associated with transit cargo to Nepal and Bhutan.

GST – 30/2017 – Dated:- 29-9-2017 – Government of India Ministry of Finance (Department of Revenue) Notification No. 30/2017- Union Territory Tax (Rate) New Delhi, the 29th September, 2017 G.S.R. 1213 (E).- In exercise of the powers conferred by sub-section (1) of section 8 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.12/2017- Union Territory Tax (Rate), dated the 28thJune, 2017, published in the Gazette of India, Extraordinary, Part II

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Exempting supply of services associated with transit cargo to Nepal and Bhutan.

GST – 31/2017 – Dated:- 29-9-2017 – Government of India Ministry of Finance (Department of Revenue) Notification No. 31/2017-Integrated Tax (Rate) New Delhi, the 29th September, 2017 G.S.R. 1212 (E).- In exercise of the powers conferred by sub-section (1) of section 6 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.9/2017- Integrated Tax (Rate), dated the 28thJune, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-

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Exempting supply of services associated with transit cargo to Nepal and Bhutan.

GST – 30/2017 – Dated:- 29-9-2017 – Government of India Ministry of Finance (Department of Revenue) Notification No. 30/2017- Central Tax (Rate) New Delhi, the 29th September, 2017 G.S.R. 1211 (E).- In exercise of the powers conferred by sub-section (1) of section 11 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.12/2017- Central Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-secti

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Eighth amendment to CGST Rules, 2017

GST – 36/2017 – Dated:- 29-9-2017 – Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs Notification No. 36/2017 – Central Tax New Delhi, the 29th September, 2017 G.S.R. 1214 (E):- In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:- 1 These rules may be called the Central Goods and Services Tax (Eighth Amendment) Rules, 2017. 2. In the Central 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

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REG-29, – (a) for the heading, APPLICATION FOR CANCELATION OF PROVISIONAL REGISTRATION , the heading, APPLICATION FOR CANCELATION OF REGISTRATION OF MIGRATED TAXPAYERS shall be substituted; (b) under sub-heading PART-A, against item (i), for the word and letters Provisional ID , the letters GSTIN shall be substituted. [F. No. 349/58/2017-GST(Pt.)] (Dr.Sreeparvathy S.L.) Under Secretary to the Government of India Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19th June, 2017, published vide number G.S.R 610 (E), dated the 19th June, 2017 and last amended vide notification No. 34/2017-Central Tax, dated the 15th September

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How to file LUT/Bond for SEZ units under GST

Goods and Services Tax – GST – By: – PARAS MEHRA – Dated:- 28-9-2017 – Introduction On receiving large number of representations from exporter, the Central Board of Excise and Customs (CBEC) in order to grant significant relief to the exporter who were facing lot of difficulties under GST regime, had issued circular just to clarify the issues relating to furnishing of bonds/letter of undertaking (LUT) for exports without payment of IGST. These clarifications brought huge relief for the exporters with respect to export without payment of IGST Export or Import to SEZ unit is an interstate supply of goods or service and hence they are mainly covered under IGST act. IGST Act provides for special treatment of Special Economic Zone Units just as

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ent of tax. Supply to SEZ under bond or LUT are also called Zero-rated supplies Supply to SEZ units under bond or LUT is made in such cases where goods or services are supplied without payment of IGST, it is therefore also called Zero-rated supplies. One needs to file certain documents with the department to supply the goods and services to the SEZ units. The list of documents is as under: You need to deliver LUT on stamp paper / while in case of Bonds it can be provided on non-judicial stamp paper both should be signed by the appropriate authority of the organization. In both LUT / Bond Fill appropriately Form GST-RFD-11 on the letter head of the organization In both cases of LUT / Bond, you need to produce authority letter of your organiz

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ANTI PROFITEERING PROVISIONS AND AUTHORITY IN GST (PART-1)

Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 28-9-2017 – The GST law contains a unique provision on anti-profiteering measure as a deterrent for trade and industry to enjoy unjust enrichment in terms of profit arising out of implementation of Goods and Services Tax in India, i.e., anti-profiteering measure would obligate the businesses to pass on the cost benefit arising out of GST implementation to their customers. The provisions are contained in the GST law as per following provisions: CGST Act, 2017 Section 171 on Anti-profiteering measures IGST Act, 2017 Section 20 which stipulate that provisions of CGST Act, 2017 shall apply mutatis mutandis to IGST Act UTGST Act, 2017 Section 21 which stipulate that provisions of CGST Act, 2017 shall apply mutatis mutandis to UTGST Act SGST Act, 2017 Section 171 on Anti-profiteering measures The Rules for Anti Profiteering are contained in Chapter XV (Rule Nos. 122 to 137) of the Central Goods and Services Tax Rules, 2017. O

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owers to impose a penalty in case it finds that the price being charged has not been reduced consequent to reduction in rate of tax or allowance of input tax credit. During the two years of initial transition into GST regime, Anti-Profiteering Authority (APA) will step in and may ask businesses that have not passed on full benefits of reduced tax burden to consumers to make up for such benefit, with interest. Functions of Anti-Profiteering Authority (APA) The Authority under section 171 of the GST law shall have the following monitoring functions : Input tax credit availed by taxpayer have actually resulted in commensurate reduction in price of goods / services The reduction in prices on account of reduction in tax rates have actually resulted in a commensurate reduction in price of goods / services. Authority for Checking Anti-Profiteering Activities The Government has notified anti-profiteering authority (APA) which will check any undue increase in prices of products of companies und

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nvestigation by Director General of Safeguards To determine methodology & procedure Cooperation with other agencies (income tax, police, revenue intelligence etc) Power to summon Order monitoring by IGST / SGST / CGST authority Tenure of 2 years. Duties of APA As per Rule 127, APA shall be duty bound to : to determine whether any reduction in rate of tax on any supply of goods or services or the benefit of the input tax credit has been passed on to the recipient by way of commensurate reduction in prices. to identify the registered person who has not passed on the benefit of reduction in rate of tax on supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices. to pass an appropriate order. The powers to take action are also listed as duties whereby it can order price reduction, refund of profit, recovery, penalty or even cancellation of GST registration. Duties of Various Authorities State Level Screening Committee Sc

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The Tamil Nadu Goods and Services Tax (Fifth Amendment) Rules, 2017.

GST – States – G.O. Ms. No. 121 – Dated:- 28-9-2017 – GOVERNMENT OF TAMIL NADU COMMERCIAL TAXES AND REGISTRATION DEPARTMENT [G.O. Ms. No.121, Commercial Taxes and Registration (B1), 28th September 2017, Purattasi 12, Hevilambi, Thiruvalluvar Aandu-2048.] No. SRO A-41(d)/2017 In exercise of the powers conferred by section 164 of the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017), the Governor of Tamil Nadu hereby makes the following rules further to amend the Tamil Nadu Goods and Services Tax Rules, 2017, namely:- (1) These rules may be called the Tamil Nadu Goods and Services Tax (Fifth Amendment) Rules, 2017. 2. In the Tamil Nadu Goods and Services Tax Rules, 2017,- (i) in rule 24, in sub-rule (4), for the figures

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UTTAR PRADESH GOODS AND SERVICES TAX (FIFTH AMENDMENT) RULES, 2017

GST – States – KA.NI.-2-1422/XI-9(42)/17 – Dated:- 28-9-2017 – Uttar Pradesh Shasan Sansthagat Vitta, Kar Evam Nibandhan Anubhag-2 NOTIFICATION No.-KA.NI.-2-1422/XI-9(42)/17-U.P.GST Rules-2017-Order-(51)-2017 Lucknow : Dated : September 28, 2017 In exercise of the powers conferred by section 164 of the Uttar Pradesh Goods and Services Tax Act, 2017 (UP Act no.1 of 2017) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (UP Act no.1 of 1904). the Governor is pleased to make the following rules with a view to amending the Uttar Pradesh Goods And Services Tax Rules, 2017:- THE UTTAR PRADESH GOODS AND SERVICES TAX (FIFTH AMENDMENT) RULES, 2017 1. Short title and commencement (1) These rules may be called the Uttar Pradesh Goods and Services Tax (Fifth Amendment) Rules, 2017. (2) Save as otherwise provided in these rules, they shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of rule 3 In the Utt

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-rule (5), for the words, brackets and figure "or sub-rule (3)", the words, brackets, figure and letter "or sub-rule (3) or sub-rule (3A)" shall be substituted: 3. Amendment of rule 120 In the said rules, after 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 period specified in rule 117, rule 118, rule 119 or rule 120 may revise such declaration once and submit the revised declaration in FORM GST TRAN-1 electronically on the common portal within the period specified in the said rules or such further period as may be extended by the Commissioner in this behalf." 4. Amendment of rule 122 In the said 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. Amendment of rule 124- In the said rules, in rule 124. – (i) for sub-rule (3

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Council and subject to an opportunity of being heard, the Central Government may terminate the appointment of a Technical Member at anytime."; 6. Amendment of rule 127 In the said rules, in rule 127. after clause (iii), the following clause shall be inserted, namely:- (iv) to furnish a performance report to the Council by the tenth of the close of each quarter.": 7. Amendment of rule 138 In the said rules, in rule 138, in sub-rule (1), the following provisos shall be inserted at the end. namely:- "Provided that where goods are sent by a principal located in one Slate 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 irresp

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y 01, 2017; (iii) after the words "Designation/Status", appearing at the end the following words, letters and figures shall be inserted, and be deemed to have been inserted with effect from July 01, 2017 ; "Instructions: 1. Central Tax credit in terms of sub-section (9) of section 140 of the CGST Act, 2017 shall be availed in column 6 of table 5 (a)." 2. Registered persons availing credit through Credit Transfer Document (CTD) shall also file Trans 3 besides availing credit in table 7A under the heading "inputs."; 9. Amendment of FORM GSTR-4 In the said rules, in "FORM GSTR-4", in Serial No.8, in entry 8B(2), for the words "Intra-State Supplies", the words "Inter-State Supplies" shall be substituted, and be deemed to have been substituted with effect from July 01, 2017; 10. Amendment of Notes of FORM GST EWB-1 In the said rules, in the Notes to "FORM GST EWB-01", after Note 4, the following Note shall be inserted, an

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The Madhya Pradesh Goods and Services Tax (Amendment) Rules, 2017.

GST – States – FA-3-40/2017-1-V-(115) – Dated:- 28-9-2017 – Commercial Tax Department Mantralaya, Vallabh Bhawan, Bhopal Bhopal, the 28th September 2017 FA-3-40/2017-1-V-(115).-In exercise of the powers conferred by Section 164 of the Madhya Pradesh Goods and Services Tax Act, 2017 (No. 19 of 2017), the State Government, hereby further amends the Madhya Pradesh Goods and Services Tax Rules, 2017, namely:- AMENDMENT (i) In the Madhya Pradesh Goods and Services Tax Rules, 2017, in sub-rule (1) of

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The Goa Goods and Services Tax (Seventh Amendment) Rules, 2017.

GST – States – 38/1/2017-Fin(R&C)(18)/2452 – Dated:- 28-9-2017 – GOVERNMENT OF GOA Department of Finance Revenue & Control Division Notification 38/1/2017-Fin(R&C)(18)/2452 In exercise of the powers conferred by section 164 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017), the Government of Goa hereby makes the following rules further to amend the Goa Goods and Services Tax Rules, 2017, namely:- (1) These rules may be called the Goa Goods and Services Tax (Seventh Amendment) Rules, 2017. (2) Save as otherwise provided in these rules, they shall be deemed to have come into force with effect from the 15th day of September, 2017. 2. In the Goa 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 inserted, namely:- (3A) Notwithstanding anything contained in sub-rules (1), (2) and (3), a person who has been granted registration on a provisional basis under rule 24 or wh

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e 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. ; 5. In the principal rules, in rule 127, after clause (iii), the following clause shall be inserted, namely:- (iv) to furnish a performance report to the Council by the tenth of the close of each quarter. ; 6. 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 consi

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nd letters (including Credit Transfer Document (CTD)) shall be inserted; (iii) after the words Designation/Status , the following shall be inserted, namely:- Instructions: (1) Central Tax credit in terms of sub-section (9) of section 140 of the CGST Act, 2017 shall be availed in column 6 of table 5(a). (2) Registered persons availing credit through Credit Transfer Document (CTD) shall also file TRAN 3 besides availing credit in table 7A under the heading inputs. ; 8. In the principal rules, with effect from the 1st day of July, 2017, in FORM GSTR-4 , in Serial No. 8, in entry 8B(2), for the words Intra-State Supplies , the words Inter-State Supplies shall be substituted; 9. In the principal rules, with effect from the 30th day of August, 2017, in the Notes to FORM GST EWB-01 , after Note 4, the following Note shall be inserted, namely:- 5. The details of bill of entry shall be entered in place of invoice where the consignment pertains to an import. . By order and in the name of the Gov

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The Principal Commissioner of Central Goods And Service Tax And Central Excise Versus Bhavani Ceramic Pvt Ltd.

2017 (10) TMI 501 – GUJARAT HIGH COURT – 2017 (356) E.L.T. A20 (Guj.) – Whether the Tribunal is correct in law when the significant document submitted by the assessee corroborated by the conformational statements of the assessee are overlooked and ignored? – Held that: – It can be seen that the entire issue is based on appreciation of evidence of record and essentially one of facts. No question of law arises – appeal dismissed – decided against Revenue. – Tax Appeal No. 773 of 2017 Dated:- 28-9-2017 – MR. AKIL KURESHI AND MR. BIREN VAISHNAV, JJ. For The Appellant : Mr Sudhir M Mehta, Advocate ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Department has filed this appeal challenging the judgment of the CESTAT dated 06.03.2017 ra

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d from 2004 to 200708 and after verification of records, the audit found that the ratio, declared by the assessee is in order and the ratio remained the same as such no show cause notice are issued for the subsequent periods. The audit officer who took objection of ratio is not able to give any correct ratio. In audit report, they have mentioned ratio of 205 whereas they have recovered the duty as per 1.8 ratio. Thus there is no base ratio of 2.5. Thereafter audit has also been conducted in the year 2009 and 2010 by Central Excise Audit Section as well as A.G. Audit and ratio was found in order as declared by the assessee and further no any objection was taken by the audit party. Thus the subsequent show cause notice was not required to be

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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.

Customs – 123/2017 – Dated:- 28-9-2017 – OFFICE OF COMMISSIONER OF CUSTOMS NS-IV JAWAHAR LAL NEHRU CUSTOM HOUSE, NHAVA SHEVA TAL: URAN, DIST. RAIGAD, MAHARASHTRA-400707 F.No.S/12-Gen-82/2015-16 AM(X) Date: 28.09.2017 PUBLIC NOTICE NO. 123/2017 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 01/07/2017 and therefore, no separate re

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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 JNCH(Export) is uploaded on the website of the Jawahar Lal Nehru Customs House (http://www.jawaharcustoms.gov.in) under the heading Latest Updates 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. Difficulty if any, may be brought to the notice of the Deputy / Assistant Commissioner of customs (Drawb

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Assistant Commissioner of central Goods And Service Tax, Division – VIII (VEJALPUR) Versus Vodafone Essar Gujarat Limited

2017 (10) TMI 82 – GUJARAT HIGH COURT – 2018 (8) G. S. T. L. 105 (Guj.) – Penalty – input credit on parts used for construction of fixed and semifixed structures – Held that: – When the assessee bonafide carrying a belief which cannot be stated to be wholly untenable that cenvat credit on such inputs was available, claimed the same with full knowledge of the department, merely because eventually such credit was disallowed, would not give rise to penalty proceedings – appeal dismissed – decided against Revenue. – TAX APPEAL NO. 761 of 2017 Dated:- 28-9-2017 – MR. AKIL KURESHI AND MR. BIREN VAISHNAV For The Appellant : Priyank P Lodha, Advocate ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Department is in appeal against the judgment of CESTAT dated 20.01.2017 raising following questions for our consideration: Whether in the facts and circumstances of the case and law, the Hon'ble Tribunal has committed substantial error of law in setting aside the penalty as being unwar

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e of 2014 (35) STR 865. The Tribunal by the impugned judgment confirmed the stand of the department that the cenvat credit was not available to the assessee. The Tribunal was of the opinion that the issue is squarely covered by the judgment of Bombay High Court in case of Bharti Airtel. The decision in case of Mundra Ports & Special Economic Zone Ltd. (supra) referred by this Court involved different facts. With respect to penalty however, the Tribunal was of the opinion that being a disputable and pure question of law, the penalty was not justified and accordingly deleted the same. It is this portion of the Tribunal's judgment that the department has challenged before us. 3. Having heard learned counsel for the department and having perused the documents on record, it emerges that the claim of the assessee for input credit on parts used for construction of fixed and semifixed structures was highly debatable one. The case of the department is that the assessee did not make prop

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redit in respect of input of capital goods wrongly or without taking reasonable steps to ensure that the appropriate duty on the said input or capital goods has been paid or contravene any of the provisions of the rules in respect of any input or capital goods then all such goods shall be liable to confiscation and the person would be liable to a penalty not exceeding the duty on the excisable goods in respect of which the contravention has been committed or ₹ 10,000/whichever is greater. 5. Under this rule therefore penalty could be imposed if a person takes a cenvat credit wrongly or without taking a reasonable steps to ensure that appropriate duty is paid. The reference to credit being wrongly taken or without taking reasonable steps would have an element of totally wrong or malicious claim. If the credit is claimed bonafide and the belief that such cenvat credit was available is a reasonable belief, penalty under the said rule would not be imposed. It is not compulsory to imp

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Regarding IGST credit

Goods and Services Tax – Started By: – Jasbir Uppal – Dated:- 27-9-2017 Last Replied Date:- 30-9-2017 – Dear professionals, The IGST paid on import of goods from out of Indian Territory which is out credit should be showing in cash balance on GSTN portal but it is not shown and the taxpayer is unable to adjust the liability of RCM. In GSTR-3B there is no mechanism for adjustment IGST with liability of RCM. Professionals brother and sister please give the valuable views. With regards J.S. Uppal Tax Professional – Reply By Himansu Sekhar – The Reply = No, it is just like any credit if you upload the particulars in gstr2. It will not be shown in the cash balance. – Reply By Himansu Sekhar – The Reply = RCM has to be paid by cash only. – Reply

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sited in this ledger by Internet banking, debit card, credit card, RTGS, NEFT, over the counter payments of authorized banks. (The credit card needs to be registered on the portal) Payments can be debited from this ledger the debit entry no. is to be reflected in the return. This information will be reflected on real time basis.Then can the taxpayer meat out the tax liability under RCM with this amount. – Reply By Himansu Sekhar – The Reply = RCM can be paid from casdh ledger.It has no relationship with imports igst. – Reply By KASTURI SETHI – The Reply = Under RCM deposit of tax in cash makes you eligible for taking ITC. Thus such cash deposit lying in your electronic ledger has independent existence. No bottleneck in using ITC as already

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ANNUAL SUBSCRIPTION

Goods and Services Tax – Started By: – MARIAPPAN GOVINDARAJAN – Dated:- 27-9-2017 Last Replied Date:- 29-9-2017 – Dear Colleagues,Please discuss the following issue- Whether the annual subscription paid to the professional institutes such as ICAI,ICAI, ICWAI attracts GST?If so what is the rate?Whether the Institute is to raise invoices against all the members?Whether the Institute is pay to tax under revserse charge if the member is not registered under GST?Whether the tax paid on annual subscription can be taken as input tax credit by the members who registered with GST? – Reply By Himansu Sekhar – The Reply = Sir,The annual subscription is subject to tax at 18%. Invoice will be issued.If subscription received from unregistered person, RC

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Reverse Charge

Goods and Services Tax – Started By: – Vivek anandhan – Dated:- 27-9-2017 Last Replied Date:- 5-10-2017 – Dear Experts We are availing cab service from unregistered person, whether we need to pay GST under revers charge. Also we are paying GST under reverse charge for availing service of cab service (Radio taxi) RegardsVivekanandhan – Reply By KASTURI SETHI – The Reply = Rent-a-cab is not under RCM . So as individual not required to pay but if service is in the course or furtherance of business GST is applicable under reverse charge. Pl go through Para No.3 which is relevant for you:- Reverse charge system not applicable when an individual unregistered person sales goods or provides services not in furtherance of business – Sale of old jew

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GST Revenue Figures – GST paid under different heads (upto 25th September, 2017) is ₹ 90,669 crore

Goods and Services Tax – GST Revenue Figures – GST paid under different heads (upto 25th September, 2017) is ₹ 90,669 crore – TMI Updates – Highlights

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GST yields ₹ 90,669 crore in August

Goods and Services Tax – GST – Dated:- 27-9-2017 – New Delhi, Sep 26 (PTI) Total GST collection for August touched ₹ 90,669 crore, against ₹ 94,063 crore mopped up in the first month of the new indirect tax regime rollout. The number includes transitional credit claims of taxpayers in July which according to the government are just ₹ 12,000 crore and not ₹ 65,000 crore as previously claimed. According to the revised estimate, the GST mop-up for July stood at ₹ 94,063 crore, up from the initial projection of ₹ 92,283 crore. The total revenue of GST paid under different heads (up to September 25, 2017) is ₹ 90,669 crore, an official statement said, adding these figures do not include GST paid by 10.2

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till a number of assessees who have not filed their returns either for July or August 2017. The increase in the above stated figures will be informed in due course, it said. The total number of taxpayers who were required to file monthly returns for August is 68.20 lakh, of which, as on September 25, 37.63 lakh GSTR 3B returns have been filed, it said. The GST was implemented across the country in place of more than a dozen central and state levies like excise duty, service tax and VAT, from July 1. In July, the GST collection was ₹ 92,283 crore from 64.42 per cent of the total taxpayer base. Of this, as much as ₹ 14,894 crore has come in from the Central GST (CGST), ₹ 22,722 crore from State GST (SGST), ₹ 47,469 cro

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GST Revenue Figures – As on 25th September, 2017

Goods and Services Tax – GST – Dated:- 27-9-2017 – The Goods and Services Tax (GST) was introduced on 1st of July, 2017. In the press release dated 29th August, 2017, it was reported that the total revenue of GST paid under different heads for the month of July, 2017 (upto 29th August) was ₹ 92,283 crore. Out of the total GST collection of ₹ 92,283 crore, the total CGST revenue was ₹ 14,894 crore, SGST revenue was ₹ 22,722 crore, IGST revenue was ₹ 47,469 crore (of which IGST from imports was ₹ 20,964 crore) and Compensation Cess was ₹ 7,198 crore (of which ₹ 599 crore is Compensation Cess from imports). Many assessees have been filing the returns for July 2017 belatedly and till 31st August,

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GST – Need for preserving data bases, documents relating to pre-GST regime

Goods and Services Tax – GST – By: – Srikanthan S – Dated:- 27-9-2017 – India has moved forward to a single indirect tax system with effect from 1st July, 2017 which is considered to be a major milestone in the history of India. As is usual in any fiscal statute, various compliances have been prescribed under the new GST laws; the country is progressing in this direction with great support from the GOI and the IT back-bone GSTN. As we hear from various agencies about the amount of transitional credit availed by the registered dealers via TRAN-1 and the likelihood of scrutiny at some point in future, this Article is an attempt to draw attention to an important area: data and documents preservation to avoid possible disputes and tax demands

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issued / received etc. All documents / data relating to Industrial Exemptions enjoyed till 30.6.2017, refunds pending to be received from Central and State Governments, and correspondence relating thereto. Original Excise / VAT / Service Tax and other Registration Certificates to be preserved carefully. All assessment orders, notices and replies thereto, pending litigation related documents etc. Many a time, data relating to past pending assessments may be called for and hence preserving the data bases / ERP accesses (including master passwords) is essential so that retrieval is made easy in future. In many large organizations, IT personnel, third party support systems and functional people may leave and appropriate handover process in res

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