Complex GST process hitting ecommerce startups

Complex GST process hitting ecommerce startups
GST
Dated:- 18-11-2017

New Delhi, Nov 18 (PTI) Online sales of auto components have been hit by complex GST model for ecommerce players, online marketplace boodmo said.
Exclusion of e-commerce businesses from the composite scheme, a higher tax rate of 28 per cent for auto components and for logistics of spare parts as well, and a complex GST model has impacted adversely ecommerce startups, the co- founder of boodmo, Oleksandr Danylenk

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

CORRECTION IN GSTR3B

CORRECTION IN GSTR3B
Query (Issue) Started By: – unni kv Dated:- 18-11-2017 Last Reply Date:- 26-11-2017 Goods and Services Tax – GST
Got 12 Replies
GST
Dear Sir
Please let us know whether we can do correction (add or reduce ITC) in preceding months GSRT3B in the proceeding month's GSTR3B ?
regards
kvunni.
kannur.
Reply By KASTURI SETHI:
The Reply:
Still no provision has been made in Common Portal. Wait for.
Reply By unni kv:
The Reply:
Dear Sir
Thanks for replu, but sir, from begining of GST itself heard that whatever ommission/deletion/correction of the previous months return can be rectified by adding/deleting in the next months return etc.
regards
Reply By KASTURI SETHI:
The Reply:
Yes. It will be allowed w

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

y 2017 GSTR 3B can be adjusted in Aug 2017 GSTR 3B. Anyway the provision is that any adjustment on the tax, input tax credit taken in GSTR 3B tax can be adjusted in GSTR 3.
Reply By KASTURI SETHI:
The Reply:
Sh.CS Sanjay Malhotra Ji,. Sir, most of the assessees expect the facility for amendment in the case of 'FILED' GSTR 3 B for July, 17. Is there any hope ? I have read somewhere Govt. was planning to provide one time chance in this aspect ? Is there any hope ? Being a new law most of the assessees commited such mistake.
Reply By CS SANJAY MALHOTRA:
The Reply:
Sh Ganeshan ji righty remarked the provision in GST act that the adjustment is allowed in GSTR-3 but as the same has been deferred and implementation date is not certain,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GSTR-3B return at the botton. System allows amendments to those who have submitted return but not filed. The same feature shall be valid for all coming months.
Hence, one should thoroughly look at GSTR-3B before submission and even after submission but before filing as the error can be corrected using Reset Button. Returns once filed shall not be subject to any change thereafter.
Reply By Ganeshan Kalyani:
The Reply:
Sri Sanjay Sir, dealer would have filed GSTR 3B for the month of July 2017 to October 2017. So, if this reset option is enabled then it is not of use to those dealer who have filed the return. There would be very rare case where dealer has submitted but not filed. There is exceptional problem faced by some dealer. They have

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

PLACE OF SUPPLY OF ADVERTISEMENT SERVICES TO THE CENTRAL GOVERNMENT, STATE GOVERNMENT ETC.,

PLACE OF SUPPLY OF ADVERTISEMENT SERVICES TO THE CENTRAL GOVERNMENT, STATE GOVERNMENT ETC.,
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 18-11-2017

Section 12 of the Integrated Goods and Services Tax Act, 2017 ('Act' for short) provides for the determination of place of supply of services where location of supplier and recipient is in India.
Section 12(14) of the Act provides that the place of supply of advertisement services to-
* the Central Government,
* a State Government,
* a Statutory body; or
* a local authority
meant for the States or Union territories identified in the contract or agreement shall be taken as being in each of such States or Union territories. The value of such supplies specific to each State or Union territory shall be in proportion to the amount attributable to services provided by way of dissemination in the respective States or Union territories as may be determined in terms of the contract or agreement enter

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ified into two for the purpose of this Rule as-
* Advertisement in the hoardings other than those on trains;
* Advertisement in the hoardings on the trains.
Advertisement in the hoardings other than those on trains
* In the case of hoardings other than those on trains, the amount payable for the hoardings located in each State or Union territory, is the value of advertisement service attributable to the dissemination in each such State or Union territory, as the case may be.
Advertisement in the hoardings on the trains
* In the case of advertisements placed on trains, the break up, calculated on the basis of the ratio of the length of the railway track in each State for that train, of the amount payable for such advertisements is the value of advertisement service attributable to the dissemination in such State or Union territory, as the case may be.
Advertisement on the back of utility bills
* In the case of advertisements on the back of utility bills of oil and gas compa

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

se may be.
Advertisement over television channels
* In the case of advertisement on television channels, the amount attributable to the value of advertisement service disseminated in a State shall be calculated on the basis of the viewership of such channel in such State, which in turn, shall be calculated in the following manner-
* the channel viewership figures for that channel for a State or Union territory shall be taken from the figures published by the Broadcast Audience Research Council;
* the figures published for the last week of a given quarter shall be used for calculating viewership for the succeeding quarter and at the beginning, the figures for the quarter 1st July, 2017 to 30th September, 2017 shall be used for the succeeding quarters 1st October,2017 to 31st December 2017.
* where such channel viewership figures relate to a region comprising of more than one State or Union territory, the viewership figures for a State or Union territory of that region, shall be

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ch in turn, shall be calculated in the following manner-
* the internet subscriber figures for a State shall be taken from the figures published in this regard by the Telecom Regulatory Authority of India;
* the figures published for the last quarter in a given financial year shall be used for calculating the number of internet subscribers for the succeeding financial year and at the beginning, the figures for the last quarter of financial year 2016 -2017 shall be used for the succeeding financial year 2017 -18;
* where such internet subscriber figures relate to a region comprising of more than one State or Union territory, the subscriber figures for a State or Union territory of that region, shall be calculated by supplying the ratio of the populations of that State or Union territory, as determined in the latest census, to such subscriber figures;
* the ratio of the subscriber figures for each State or Union territory as so calculated, when applied to the amount payable for t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

CHANGES IN CENTRAL GOODS AND SERVICES TAX RULES, 2017

CHANGES IN CENTRAL GOODS AND SERVICES TAX RULES, 2017
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 18-11-2017

Vide Notification dated 15.11.2017 the Central Government made the 'Central Goods and Services Tax (Twelfth Amendment) Rules, 2017 in exercise of the powers conferred under section 164 of the Central Goods and Services Tax Act, 2017. The amendment brings facility of filing refund manually whereas in the original act and rules it has been provided for online refund. This amendment came into effect from 15.11.2017.
Amendment to Rule 43
Rule 43 provides for the manner of determination of input tax credit in respect of capital goods and reversal thereof in certain cases. Clause 2(i) of the Amendment Rules inserted the explanation after Rule 43(2). The newly inserted explanation provides that for the purposes of rule 42 and Rule 43, the Central Government clarified that the aggregate value of exempt supplies shall include the value of supply

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ction 54 (2) the issue of tax invoice is mandatory. Clause 2(ii) of Amendment rules substituted the word 'supplier shall issue' for 'supplier may issue'.
Amendment to Rule 97
Rule 97 deals with the Consumer welfare fund. Clause 2(iii) inserted Rule 97A after Rule 97. Rule 97A provides for manual filing and processing. The new Rule 97A provides that notwithstanding anything contained in this Chapter, in respect of any process or procedure prescribed herein, any reference to electronic filing of an application, intimation, reply, declaration, statement or electronic issuance of a notice, order or certificate on the common portal, in respect of that process or procedure, include manual filing of the said application, intimation, reply, declaration, statement or issuance of the said notice, order or certificate in such forms as appended to these rules.
Amendment to Rule 107
Rule 107 provides the procedure for Advance Ruling. Clause 2(iv) of the Amendment Rules provides for the insertio

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

r the Union Territory Goods and Services Tax Act may appeal to-
* the Commissioner (Appeals) where such decision or order is passed by the Additional or Joint Commissioner;
* the Additional Commissioner (Appeals) where such decision or order is passed by the Deputy or Assistant Commissioner or Superintendent.
The appeal shall be filed within three months from the date on which the said decision or order is communicated to such person.
Rule 109A (2) provides that an officer directed under section 107(2) (appeal by Revenue) to appeal against any decision or order passed under this Act or SGST Act or UTGST Act may appeal to-
* the Commissioner (Appeals) where such decision or order is passed by the Additional or Joint Commissioner;
* the Additional Commissioner (Appeals) where such decision or order is passed by the Deputy or Assistant Commissioner or Superintendent
The appeal should be filed within six months from the date of communication of said decision or order.
Amendment

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

or casual taxable person or non resident taxable person, tax deduction, tax collector and other registered taxable person;
* Form GST RFD – 01B – refund order details.
Form GST RFD – 01A
This form is to be used for the refund under rule 89 and Rule 97A. The following information is to be furnished by the person who seeks refund by manual filing-
* GSTIN/Temporary ID;
* Legal Name
* Trade Name, if any
* Address
* Tax period
* Amount of refund claimed in respect of central tax, State Tax, Integrated tax, UT tax, cess
* Grounds of refund claim (select from drop down)
* Excess balance in Electronic Cash Ledger;
* Exports of services with payment of tax;
* Exports of goods/services – without payment of tax (accumulated input tax credit);
* ITC accumulated due to inverted tax structure, under clause (ii) of first proviso to section 54(3);
* On account of supplies made to SEZ unit/SEZ developer (without payment of tax)
* Recipient of deemed export.
* Declaratio

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST ISSUES FOR GST COUNCIL

GST ISSUES FOR GST COUNCIL
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 18-11-2017

With 23rd meeting of GST Council just over, to consider various implementation issues and rationalize rates etc in next meeting, here are few suggestions which ought to be decided by the Council.
* It is high time that petroleum products presently kept out of GST net be brought under GST at the earliest. April 2018 / Budget 2018 could be a good opportunity. If that is not possible now, it should atleast be done for Railways / Metros / Airlines / Transportation and Industrial use meant for production of goods.
* In income tax Act, 1961, transfer pricing (TP) provisions provide for computation of Arms Length Price (ALP) as per TP methods i.e., comparable uncontrolled price, cost plus, resale price, profit split and transactional net margin methods. In GST, valuation in governed by section 15 of the CGST Act, 2017 read with rule 28-31 of CGST Rules, i.e., open market, l

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

h input credit facility. In most of the cases, this is an investment or that planning exercise.
* Exemption to Resident Welfare Association (RWA) for maintenance of residential units deserves to be extended to units / offices in malls / commercial complexes which will be a great respite to professionals / small businesses. There could be a limit of ₹ 5000 p.m. Assuming there is a charge @ ₹ 2 per sq. ft. for upto 2500 sq. ft. per months would, it will be a great help to small offices.
* Hotel / travelling expenses meant for business / professional being business expenses, should be allowed for input credit and CGST / SGST paid thereon shall be allowed input tax credit.
* Registration of any immovable property located in India is taxed as per location of such property. Owner / land lord should be allowed to take single registration at his place of residence and tax may be charged accordingly. In such cases, input tax credit should be specifically allowed. Similar provi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

be made more effective and committees be formed at block / panchyat level with people drawn from Government service / education / profession who can receive and forward the grievances for timely and effective redressal.
* Summary return form 3B may be continued and infact be made mandatory. Also monthly returns GSTR 1, 2 and 3 be made quarterly for all types of tax payers as a permanent feature.
* Exemptions to schools / pre-school ought to be extended to higher education as well. This was allowed in Service Tax.
* Late fee for all filings may be waived till 31st March, 2018 or be halved.
* Monetary threshold limit of composition scheme be extended to ₹ 1.50 crore to bring it at par with pre-GST period in Central Excise.
* Looking at the margins involved, restaurants (outside composition scheme) be asked to reduce their prices for customers in line with anti profiteering law.
Reply By Ganeshan Kalyani as =
Nice article Sir. The suggestions noted down are all valid.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Arm’s length pricing under GST – Need for Convergence

Arm’s length pricing under GST – Need for Convergence
By: – Manish Didwania
Goods and Services Tax – GST
Dated:- 18-11-2017

The Goods and Services Tax (GST) is being introduced in the country after 13 year long journey since it was first discussed in report by Kelkar Task Force on indirect taxes. Agreeably, one could count GST as country's biggest tax reform which can trigger transformation on how businesses works across all industries and overhaul India's fractured tax system.
Amongst several changes proposed in GST, one key proposal is valuation rules prescribed for transacting entities that are related to each other. As per the GST rules, the value of supply of goods and services between related persons may be determined based on the open market value of such supply. The term “market value” has been defined in the Central Goods and Services Act, 2017 (CGST Act) as the amount which recipient of a supply is required to pay for like kind and quality of goods/ servi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Income-tax, where Transfer Pricing is a developed subject. A lot of literature is already present on the subject matter which can be leveraged while determining the arm's length price of a transaction, including guidance by international bodies such as the Organisation for Economic Co-operation and Development (OECD), United Nations, substantial jurisprudence from various Tax Courts etc. It is accordingly natural that the Indian GST rules may also draw reliance from the Income-tax to frame and advocate rules on valuation of supply between related parties.
On the Indirect tax front, currently, there are specific valuation provisions for import of goods under Customs which are broadly similar to what is present in Income-tax. However, despite having broadly similar rules for valuing a transaction, the taxpayers have been witnessing lack of effective ground level administrative coordination between Income-tax and customs authorities to achieve a single price for the same transaction.
I

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

increase income of taxpayer to get more income tax). Moreover, during the Transfer Pricing audits proceedings, the tax officers have been selectively using the data furnished by taxpayers before the customs authorities (intending to show that the price paid by the taxpayer is towards the higher end and there is no loss of revenue to customs authorities) to hold that the taxpayer have overpriced the cost of goods procured from overseas related parties and consequently undertake Transfer Pricing adjustment.
By dwelling further on this issue, one can make out that the root cause of the problem wherein the taxpayer ends up making separate disclosures before the Income-tax and Customs authorities, goes down to how the system has been set up and how the rules are framed by the Government. Some key areas of concern are listed below:
* While in the Income-tax there is a separate wing of officers who are trained and specialized in understanding the economics of the business and appreciates t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST on Advance received from Customer

GST on Advance received from Customer
Query (Issue) Started By: – GOPAL CHOWDHURY Dated:- 17-11-2017 Last Reply Date:- 22-11-2017 Goods and Services Tax – GST
Got 10 Replies
GST
Dear all,
As Ministry has issued Notification No.66/2017-CT dated.15.11.2017 and I have seen here it was issued granting exemption for GST on advances received by the tax payers on goods not on service who not availed for composition scheme.
In this regard can any one kindly clarify me the Notification as I still can't understand is the notification issued for the tax payers to charge the rate of tax changed on certain commondity which comes into effect from the date of issue of the Notification as the provision regarding billing on the same is provided U/s 14 of the CGST Act, 2017 as provided under the Notification or else its allowing exemption from payment of tax on advances received by the tax payers.
Kindly let me know.
Reply By Ganeshan Kalyani:
The Reply:
No. 66/2017 – Dated: 15-11-

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

provision of this clause is as follows:
"The date of issue of invoice by the supplier or the last date on which he is required, under sub-section (1) of section 31, to issue the invoice with respect to the supply" or
(b)…
Provided sub-section (1) of section 31 states as follows:
"(i) A registered person supplying taxable goods shall, before ot at the time of,-
(a) removal of goods for supply to the recipient, where the supply involves movement of goods; or
(b)delivery of goods or making available thereof to the recipient, in any other case,
issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such other particulars as may be prescribed:
Provided that the Govt may, on the recommendation of the council, by notification, specify the categories of goods or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed:
Further the aforesaid notification also ref

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

meeting of GST council and not related for the common practice which is still following under the clause of sub section of section 31 as referred by me above.
If I am wrong in understanding the notification, kindly let me know with relevant provisions in this regard as no such news comes out from CBEC or GST council that they exempt all the advances from GST yet.
Please let me know. THANKS.
Reply By Ganeshan Kalyani:
The Reply:
Sri Gopal Sir, Notification 66/2017-CT states that the registered person (other than composition dealer) shall pay the central tax on the outward supply of goods at the time of supply as specified in clause (a) of sub-section (2) of section 12 of the said Act including in the situations …
Section 12 provides for time of supply which provides for the time for payment of tax. Section 12 (2)(a) provides that time of supply shall be the date of issue of invoice by the supplier or the last date on which he is required, under sub-section (1) of section 31, to i

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

them, neither any clarification comes in this regard in the notification itself.
Whereas on the same date amendment in rates of 177 items comes out, so I was awaited for the clarification, views or press release in this regard, because if we advice any company to do so and on later date if department come out with there views "where it is amended that exemption is provided on all supplies etc etc", So I raised this query to know your valuable opinion.
As the notification no.66/2017-CT hasn't specify that it is applicable on those goods which rates where amended w.e.f 15.11.2017, we can go by this view that it is applicable on all supplies, but whereas as said by me in my previous post that clause (d) of sub section (3) of section 31 is not get amended so that part I miss somewhere to co-relate.
Well thanks all the expects once again for your opinion I got some clarity on my doubts and hope as per the clarification above we can say as the notification hasn't clarify

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Pan Masala Manufacturing

Pan Masala Manufacturing
Query (Issue) Started By: – Mudit phophaliya Dated:- 17-11-2017 Last Reply Date:- 18-11-2017 Goods and Services Tax – GST
Got 3 Replies
GST
Hello Sir/Ma'am,
I want to start a business of Pan Masala Manufacturing (with Brand). I would like to know if I can start my business as an unregistered manufacturer of Pan Masala with a turnover of less than 20 lakhs limit. And what are the licenses and other specifications required to start a Pan Masala manufacturing firm.
Hope to get a reply as soon as possible.
Reply By KASTURI SETHI:
The Reply:
Pan Masala has always been out of Small Scale Scale. If it contains tobacco, then it is not completely out of Central Excise. Govt.'s intention is not to all

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Shri Ram Vilas Paswan grants permission to display revised MRP due to reduction of rates of GST up to 31st December, 2017

Shri Ram Vilas Paswan grants permission to display revised MRP due to reduction of rates of GST up to 31st December, 2017
GST
Dated:- 17-11-2017

On account of implementation of GST w.e.f. 1st July, 2017, there may be instances where the retail sale price of a pre-packaged commodity is required to be changed. In this context, Union Minister for Consumer Affairs, Food & Public Distribution, Shri Ram Vilas Paswan had allowed the manufacturers or packers or importers of pre-packaged commodities to declare the revised retail sale price (MRP) in addition to the existing retail sale price (MRP), for three months w.e.f. 1st July 2017 to 30th September, 2017. Declaration of the changed retail sale price (MRP) was allowed to be made by

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Refund Order details – [See rules 91(2), 92(1), 92(3), 92(4), 92(5) and 97A]

Refund Order details – [See rules 91(2), 92(1), 92(3), 92(4), 92(5) and 97A]
GST RFD – 01B
GST
1FORM-GST-RFD-01 B
[See rules 91(2), 92(1), 92(3), 92(4), 92(5) and 97A]
Refund Order details
1.
ARN
2.
GSTIN / Temporary ID
3.
Legal Name
4.
Filing Date
5.
Reason of Refund
6.
Financial Year
7.
Month
8.
Order No.:
9.
Order issuance Date:
10.
Payment Advice No.:
11.
Payment Advice Date:
12.
Refund Issued To :
Drop down: Taxpayer / Consumer Welfare Fund
13.
Issued by:
14.
Remarks:
15.
Type of Order
Drop Down: RFD- 04/ 06/ 07 (Part A)
16.
Details of Refund Amount (As per the manually issued Order):
Description
Integrated Tax
Central Tax
State/UT tax
Cess
Tax
Interest
Penalty
Fees

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Compilation of all notifications issued ON 15.11.2017

Compilation of all notifications issued ON 15.11.2017
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 17-11-2017

Recently 23rd GST council meeting has been held in which various decisions were declared. All the notifications were issued recently in this respect. Lets summarise this with the help of this update-
* Notification 66/2017 CT dated 15.11.2017 has been notified stating that all registered person other than person registered under composition scheme is not required to pay tax on advance received on supply of goods. The notification exempts all taxpayers from payment of tax on advances received in case of supply of goods. This notification has superseded the earlier notification no. 40/2017 CT dated 13.10.2017.
This mean that the composition scheme dealer has to pay the taxes on advaces. All other assessee need not to pay the tax on advances. We are failed to understand why this provision has been kept for composition scheme?
Secondly, this is applic

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

wards, if the total amount of central tax payable is nil;says that there will be less liability the late fees will be paid as ₹ 10/- per day under CGST Act. The interpretation of this says that this less late fee will be payable if the liability of CGST is nil. If there is liability of IGST Act but no liability in CGST then also the less amount will be payable. Although it seems to be very absurd interpretation but notification reads like that only.
In case there is tax to be paid then late fees is increased to ₹ 25/- per day. This late fees reduction is in respect of GSTR 3B. For the other returns, the normal late fee of ₹ 200/- per day will be payable.
* Due dates of many returns have been extended as follows vide notification-
S. No.
Notification No.
FORM and Details
Previous due date
Revised due date
1
63/2017-Central Tax, dt. 15-11-2017
GST ITC-04 for the quarter July-September, 2017
25.10.2017
31.12.2017
2
62/2017-Central Tax, dt. 15-11-2017
GST

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

018
Time limit of filing GSTR-2 and GSTR-3 for the months of July, 2017 to March 2018 will be decided soon. Although the press conference by FM said that the GSTR-2 and GSTR-3 are deferred upto March 31, 2018 but the press release say that time limit will be decided soon.
Meanwhile GSTR-1 can be continue to be filed without compulsion of filing GSTR-2 and GSTR-3 of previous month.
* Notification 57/2017-Central Tax ,dt. 15-11-2017 prescribes the due date for filing of GSTR 1 for assesses having turnover upto ₹ 1.5 crores on quarterly basis. Due dates of FORM GSTR-1 are prescribed as follows:-
Tax period
Due date
Jul- Sep
31st Dec 2017
Oct- Dec
15th Feb 2018
Jan- Mar
30th April 2018
Time limit of filing GSTR-2 and GSTR-3 for the months of July, 2017 to March 2018 will be decided soon. Again there is dispute in press conference and press release.
* Notification 56/2017- CT, dt. 15-11-2017 states that FORM GSTR-3B along with payment of tax has been continued till

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ITC on Hotel bills & GTA service

ITC on Hotel bills & GTA service
Query (Issue) Started By: – MohanLal tiwari Dated:- 17-11-2017 Last Reply Date:- 24-11-2017 Goods and Services Tax – GST
Got 8 Replies
GST
Dear experts,
We are having different opinion for admissibility of ITC on :-
1. Hotel Bills – Our sales & marketing team is mostly on tour (domestic & foreign) and taking services of hotels and paying applicable GST. What are the legal provisions preventing us to avail credit on SGST & CGST paid.
2. GTA Services – Most of GTA service providers are raising invoice without charging any GST and we are paying GST @5% under RCM . Please advise if ITC for the same is admissible if not, please specify the ruling / notification issued by authority.
Reply By Ramas

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ort the views of experts.
Reply By Ramaswamy S:
The Reply:
Please refer to FAQ' released by CBEC and other state govt The query is answered.
The relevant sections has been quoted by Mr Ganeshan.
Thanks
Regards
S Ramaswamy
Reply By CS SANJAY MALHOTRA:
The Reply:
Dear Mr. Tiwari,
Am taking up Hotel Bills for Domestic Tour as views already shared on other aspects by my friends.
Section 17(5)(b) disallows credit for Food and beverages, hence any inclusion of said amount in Hotel Bill is ineligible for ITC. However Room Rent is eligible for ITC.
Now conditions for admissibility and Non-Admissibility
* If your POS and Hotel is situated in same state, then ITC is eligible for CGST/SGST.
* In case your POS and Hotel is situated

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Application for Refund (Manual) – [See rules 89(1) and 97A]

Application for Refund (Manual) – [See rules 89(1) and 97A]
GST RFD – 01A
GST
7[FORM-GST-RFD-01 A
[See rules 89(1) and 97A]
Application for Refund (Manual)
(Applicable for casual taxable person or non-resident taxable person, tax deductor, tax collector and other registered taxable person)
1.
GSTIN / Temporary ID
2.
Legal Name
3.
Trade Name, if any
4.
Address
5.
Tax period (if applicable)
From To
6.
Amount of Refund Claimed (Rs.)
Act
Tax
Interest
Penalty
Fees
Others
Total
Central tax
State / UT tax
Integrated tax
Cess
Total
7.
Grounds of Refund Claim (select from drop down)
(a)
Excess balance in Electronic Cash Ledger
(b)
Exports of services- with payment of tax
(c)
Exports of goods / services- without payment of tax (accumulated ITC)
(d)
ITC accumulated due to inverted tax structure [under clause (ii) of first proviso to section 54(3)]
(e)
On account of supplies made to SEZ unit/ SEZ developer (with payment of tax)
(f)
On account o

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

on 54(3)(ii)]
I hereby declare that the refund of ITC claimed in the application does not include ITC availed on goods or services used for making 'nil' rated or fully exempt supplies.
Signature
Name –
Designation / Status
8[DECLARATION [rule 89(2)(f)]
I hereby declare that tax has not been collected from the Special Economic Zone unit /the Special Economic Zone developer in respect of supply of goods or services or both covered under this refund claim.
Signature Name –
Designation / Status]
DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient__
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare that the supplier has not claimed refund with respect to the said supplies.
In

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

or any other amount for the period fromto-, claimed in the refund application, the incidence of such tax and interest has not been passed on to any other person.
Signature
Name –
Designation / Status
(This Declaration is not required to be furnished by applicants, who are claiming refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub- of sub-section (8) of section 54.)
8. Verification
I/We hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my/our knowledge and belief and nothing has been concealed therefrom.
I/We declare that no refund on this account has been received by me/us earlier.
Place
Date
Signature of Authorised Signatory
(Name)
Designation/ Status
Annexure-1
Statement -1 [rule 89(5)]
Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
(Amount in Rs.)
Turnover of inverted rated
supply of goods and services
Tax p

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

an GSTIN of applicant (recipient).
Statement- 2 [rule 89(2)(c)]
Refund Type: Exports of services with payment of tax
(Amount in Rs.)
Sr. No.
Invoice details
Integrated tax
Cess
BRC/ FIRC
Integrated tax and cess involved in debit note, if any
Integrated tax and cess involved in credit note, if any
Net Integrated tax and cess (6+7+10 – 11)
No.
Date
Value
Taxable value
Amt.
No.
Date
1
2
3
4
5
6
7
8
9
10
11
12
Statement- 3 [rule 89(2)(b) and 89(2)(c)]
Refund Type: Export without payment of tax (accumulated ITC) (Amount in Rs.)
Sr. No.
Invoice details
Goods/ Services (G/S)
Shipping bill/ Bill of
export
EGM Details
BRC/ FIRC
No.
Date
Value
Port code
No.
Date
Ref No.
Date
No.
Date
1
2
3
4
5
6
7
8
9
10
11
12
Statement- 3A [rule 89(4)]
Refund Type: Export without payment of tax (accumulated ITC) – calculation of refund amount
(Amount in Rs.)
Turnover of zero rated supply of goods and services
Net input tax credi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Amount in Rs)
Sl.
No.
Details of invoices/credit notes/debit notes of outward supplies in case refund is claimed by supplier/Details of invoices of inward supplies in case refund is claimed by recipient
Tax paid
GSTIN of the supplier
No.
Date
Taxable Value
Type
(Invoice/ Credit
Note/
Debit
Note)
Integrated Tax
Central Tax
State
Tax
/Union
territory
Tax
Cess
1
2
3
4
5
6
7
8
9
10
]
Statement-6 [rule 89(2)(j)]
Refund Type: On account of change in POS (inter-State to intra-State and vice versa)
Order Details (issued in pursuance of sections 77(1) and 77(2), if any:
Order No:
Order Date:
(Amount in Rs.)
Recipients' GSTIN/ UIN Name (in case B2C)
Invoice details
Details of tax paid on transaction considered as intra -State / inter-State transaction earlier
Taxes re-assessed on transaction which were held inter State / intra- State supply subsequently
Integrated tax
Central tax
State/ UT tax
Cess
Place of Supply
Integrated tax
Central ta

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

port duty. I also declare that I have not availed any drawback on goods or services or both and that I have not claimed refund of the integrated tax paid on supplies in respect of which refund is claimed.
Signature
Name –
Designation / Status
7. Substituted vide Notification No. 74/2018 – Central Tax dated 31-12-2018 before it was read as
“1[FORM-GST-RFD-01 A
[See rules 89(1) and 97A]
Application for Refund (Manual)
(Applicable for casual taxable person or non-resident taxable person, tax deductor, tax collector and other registered taxable person)
1.
GSTIN/Temporary ID
2.
Legal Name
3.
Trade Name, if any
4.
Address
5.
Tax period (if applicable)
From To
6.
Amount of Refund Claimed(Rs.)
Act
Tax
Interest
Penalty
Fees
Others
Total
Central tax
State/UT tax
Integrated tax
Cess
Total
7.
Grounds of Refund Claim (select from drop down)
(a)
Excess balance in Electronic Cash Ledger
(b)
Exports of services- with payment of tax
(c)
Exports of goods/service

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

pt supplies.
Signature Name –
Designation / Status
DECLARATION [rule 89(2)(f)]
I hereby declare that the Special Economic Zone unit /the Special Economic Zone developer has not availed of the input tax credit of the tax paid by the applicant, covered under this refund claim.
Signature
Name –
Designation / Status
3[DECLARATION [rule 89(2)(g)]
(For recipient/supplier of deemed export)
In case refund claimed by recipient __
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period.I also declare that the supplier has not claimed refund with respect to the said supplies.
In case refund claimed by supplier __
I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

me –
Designation / Status
(This Declaration is not required to be furnished by applicants, who are claiming refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54.)
8. Verification
I/We hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my/our knowledge and belief and nothing has been concealed therefrom.
I/We declare that no refund on this account has been received by me/us earlier.
Place
Date
Signature of Authorised Signatory
(Name)
Designation/ Status
Annexure-1
Statement -1 [rule 89(5)]
Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)]
(Amount in Rs.)
Turnover of inverted rated supply of goods
Tax payable on such inverted rated supply of goods
Adjusted total turnover
Net input tax credit
Maximum refund amount to be claimed [(1×4÷3)-2]
1
2
3
4
5
3[Statement 1A [rule 89(2)(

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ce details
Goods/Services (G/S)
Shipping bill/ Bill of export
EGM Details
BRC/ FIRC
No.
Date
Value
Port code
No.
Date
Ref No.
Date
No.
Date
1
2
3
4
5
6
7
8
9
10
11
12
]
Statement- 3A [rule 89(4)]
Refund Type: Export without payment of tax (accumulated ITC) – calculation of refund amount
(Amount in Rs.)
Turnover of zero rated supply of goods and services
Net input tax credit
Adjusted total turnover
Refund amount (1×2÷3)
1
2
3
4
5[Statement-4 [rule 89(2)(d) and 89(2)(e)]
Refund Type: On account of supplies made to SEZ unit or SEZ Developer (on payment of tax)
(Amount in Rs.)
GSTIN of recipient
Invoice details
Shipping bill/ Bill of export/ Endorsed invoice by SEZ
Integrated Tax
Cess
Integrated tax and cess involved in debit note, if any
Integrated tax and cess involved in credit note, if any
Net Integrated tax and cess (8+9+10-11)
No.
Date
Value
No.
Date
Taxable Value
Amt.
1
2
3
4
5
6
7
8
9
10
11
12
]
St

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Amendments to GST Rules 2017 clarify Anti-Profiteering Authority's power to dismiss Chairman and Technical Member.

Amendments to GST Rules 2017 clarify Anti-Profiteering Authority's power to dismiss Chairman and Technical Member.
Act-Rules
GST
Anti-Profiteering Authority – Power to terminate the Chairman

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

New Rule 109A Introduces Appellate Hierarchy Roles for GST Appeals: Additional Commissioner & Commissioner (Appeals) Jurisdiction.

New Rule 109A Introduces Appellate Hierarchy Roles for GST Appeals: Additional Commissioner & Commissioner (Appeals) Jurisdiction.
Act-Rules
GST
Appointment of Appellate Authority – Additiona

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

New Rule 107A Introduces Manual Filing for Advance Ruling Applications Under GST Framework for Improved Clarity and Guidance.

New Rule 107A Introduces Manual Filing for Advance Ruling Applications Under GST Framework for Improved Clarity and Guidance.
Act-Rules
GST
Form and manner of application to the Authority for

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Manual Refund Filing Now Permitted Under GST Rule 97A for Streamlined Tax Processing and Faster Application Handling.

Manual Refund Filing Now Permitted Under GST Rule 97A for Streamlined Tax Processing and Faster Application Handling.
Act-Rules
GST
Application for refund of tax, interest, penalty, fees or a

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Manual filing and processing

Rule 97A
Manual filing and processing
GST
Refund
Rule 97A of Central Goods and Services Tax Rules, 2017
1[97A. Manual filing and processing. – Notwithstanding anything contained in this Chapter, in respect of any process or procedure prescribed herein, any reference to electronic filing of an application, intimation, reply, declaration, statement or electronic issuance of a notice, order or certificate on the common portal shall, in respect of that process or procedure, include ma

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Appointment of Appellate Authority

Rule 109A
Appointment of Appellate Authority
GST
Appeals and Revision
Rule 109A of Central Goods and Services Tax Rules, 2017
1[109A. Appointment of Appellate Authority-
(1) Any person aggrieved by any decision or order passed under this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act may appeal to – 
(a) the Commissioner (Appeals) where such decision or order is passed by the Additional or Joint Commissioner;
(b) 2[any officer not below the rank of Joint Commissioner (Appeals)] where such decision or order is passed by the Deputy or Assistant Commissioner or Superintendent, within three months from the date on which the said decision or order is communicated to such per

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Manual filing and processing

Rule 107A
Manual filing and processing
GST
Advance Ruling
Rule 107A of Central Goods and Services Tax Rules, 2017
1[107A. Manual filing and processing. – Notwithstanding anything contained in this Chapter, in respect of any process or procedure prescribed herein, any reference to electronic filing of an application, intimation, reply, declaration, statement or electronic issuance of a notice, order or certificate on the common portal shall, in respect of that process or procedure,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST Rule Change: Banking Companies and NBFCs Now Have Discretion in Issuing Consolidated Tax Invoices.

GST Rule Change: Banking Companies and NBFCs Now Have Discretion in Issuing Consolidated Tax Invoices.
Act-Rules
GST
Issue of consolidated tax invoice in case of banking company, NBFC etc. –

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Amended Rule 43 Clarifies ITC Reversal for Capital Goods and Service Supplies to Nepal/Bhutan Under GST.

Amended Rule 43 Clarifies ITC Reversal for Capital Goods and Service Supplies to Nepal/Bhutan Under GST.
Act-Rules
GST
Reversal of ITC (GST) – Manner of determination of input tax credit in r

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Reversal of Input Tax Credit Under GST: Rule 42 and 43 Explained for Services in Nepal and Bhutan.

Reversal of Input Tax Credit Under GST: Rule 42 and 43 Explained for Services in Nepal and Bhutan.
Act-Rules
GST
Reversal of ITC (GST) – Manner of determination of input tax credit in respect

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

RESEARCH & DEVELOPMENT UNIT UNDER GST

RESEARCH & DEVELOPMENT UNIT UNDER GST
Query (Issue) Started By: – SURYAKANT MITHBAVKAR Dated:- 17-11-2017 Last Reply Date:- 17-11-2017 Goods and Services Tax – GST
Got 3 Replies
GST
We have manufacture of Pharmaceutical Machinery set up new Research & Development unit within our existing Unit.
We have opted DSIR certificate from concerned authority.
We purchase raw material for production activity for R & D unit which is exempted from GST or Not ?
While selling the product what b

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

gta credit

gta credit
Query (Issue) Started By: – Ramakrishnan Seshadri Dated:- 17-11-2017 Last Reply Date:- 19-11-2017 Goods and Services Tax – GST
Got 5 Replies
GST
Dear Sir,
We are manufacturers of automobile parts supplying to OEM. The finished goods are supplied to them through transport agency.
We have an understanding with an intermediate service provider who will recieve the transport agency invoices in his name with gst 5% and he will pay to the transport agency and gst to the government.
After that he will raise invoice on us for this transport service along with his service and claim gst.
Now our question is whether gst paid and claimed by the intermediate service provider is eligible for gst credit by us
Please clarify e

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =