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

The Tamil Nadu Goods and Services Tax (Eighth Amendment) Rules, 2017.
G.O. Ms. No. 148 Dated:- 25-10-2017 Tamil Nadu SGST
GST – States
Tamil Nadu SGST
Tamil Nadu SGST
GOVERNMENT OF TAMIL NADU
COMMERCIAL TAXES AND REGISTRATION DEPARTMENT
[G.O. Ms. No. 148, Commercial Taxes and Registration (B1), 25th October 2017,
Aippasi 8, Hevilambi, Thiruvalluvar Aandu-2048.]
No. SRO A-46(f)/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 (Eighth Amendment) Rules, 2017.
2. In the Tamil Nadu Goods and Services Tax Rules, 2017, with effect from the 29th June, 2017, after “FORM GST RFD-10”, the Form “FORM GST RFD-11”, “Bond for export of goods or services without payment of integrated tax”, a

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amount of integrated tax payable in respect of export of goods or services.
Signature of Authorized Signatory:
Name :
Designation / Status –
Date –
Bond for export of goods or services without payment of integrated tax
(See rule 96A)
I/We……………..of………………..,hereinafter called “obligor(s)”, am/are held and firmly bound to the President of India (hereinafter called “the President”) in the sum of………………….rupees to be paid to the President for which payment will and truly to be made.
I/We jointly and severally bind myself/ourselves and my/our respective heirs/ executors/ administrators/ legal representatives/successors and assigns by these presents; Dated this……………….day of………………..;
WHEREAS the above bounden obligor has been permitted from time to time to supply goods or services for export out of India without payment of integrated tax;
and whereas the obligor desires to export goods or services in accordance with the provi

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AND the President shall, at his option, be competent to make good all the loss and damages, from the amount of bank guarantee or by endorsing his rights under the above-written bond or both;
I/We further declare that this bond is given under the orders of the Government for the performance of an act in which the public are interested;
IN THE WITNESS THEREOF these presents have been signed the day hereinbefore written by the obligor(s).
Signature(s) of obligor(s).
Date :
Place
Witnesses :
(1) Name and Address : Occupation :
(2) Name and Address : Occupation :
Accepted by me this………………………..day of ……………………. (month)……………..…….. (year)
………………………………..of …………….. (Designation)
for and on behalf of the President of India.
Letter of Undertaking for export of goods or services without payment of integrated tax

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he integrated tax, thereon in the event of failure to export the goods or services, along with an amount equal to eighteen percent interest per annum on the amount of tax not paid, from the date of invoice till the date of payment.
I/we declare that this undertaking is given under the orders of the proper officer for the performance of enacts in which the public are interested.
IN THE WITNESS THEREOF these presents have been signed the day hereinbefore written by the undertaker(s).
Signature(s) of undertaker(s).
Date :
Place :
Witnesses :
(1) Name and Address : Occupation :
(2) Name and Address : Occupation :
Date :
Place :
Accepted by me this………………………..day of ……………………. (month)……………..…….. (year)
………………………………..of …………….. (Designation)
for and on behalf of the President of India.
Dr. C. CHANDRAMOULI,

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Seeks to notify the evidences required to be produced by the supplier of deemed export supplies for claiming refund under rule 89(2)(g) of the SGST rules, 2017

Seeks to notify the evidences required to be produced by the supplier of deemed export supplies for claiming refund under rule 89(2)(g) of the SGST rules, 2017
G.O. Ms. No. 47/CT/2017-18 Dated:- 25-10-2017 Puducherry SGST
GST – States
Puducherry SGST
Puducherry SGST
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES SECRETARIAT
(G.O. Ms. No. 47/CT/2017-18, Puducherry, dated 25th October 2017)
NOTIFICATION
In exercise of the powers conferred by clause (g) of sub-rule (2) of rule 89 of the Puducherry Goods and Services Tax Rules, 2017, read with notification issued vide G.O. Ms. No. 46/CT/2017-18, dated 25th October, 2017, the Lieutenant-Governor, Puducherry hereby notifies the following, as detailed in column (2) of the Table below

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Seeks to notify certain supplies as deemed exports under section 147 of the SGST Act, 2017

Seeks to notify certain supplies as deemed exports under section 147 of the SGST Act, 2017
G.O. Ms. No. 46/CT/2017-18 Dated:- 25-10-2017 Puducherry SGST
GST – States
Puducherry SGST
Puducherry SGST
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES SECRETARIAT
(G.O. Ms. No. 46/CT/2017-18, Puducherry, dated 25th October 2017)
NOTIFICATION
In exercise of the powers conferred by section 147 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 notifies the supplies of goods listed in column (2) of the Table below as deemed exports, namely:-
TABLE
S.No.
Description of supply
(1)
(2)
1.
Supply of goods by a registered person agai

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The Puducherry Goods and Services Tax (Tenth Amendment) Rules, 2017.

The Puducherry Goods and Services Tax (Tenth Amendment) Rules, 2017.
G.O. Ms. No. 45/CT/2017-18 Dated:- 25-10-2017 Puducherry SGST
GST – States
Puducherry SGST
Puducherry SGST
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES SECRETARIAT
(G.O. Ms. No. 45/CT/2017-18, Puducherry, dated 25th October 2017)
NOTIFICATION
In exercise of the powers conferred by section 164 of the Puducherry Goods and Services Tax Act, 2017 (Act No. 6 of 2017), the Lieutenant-Governor, Puducherry, hereby makes the following rules further to amend the Puducherry Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Puducherry Goods and Services Tax (Tenth Amendment) Rules, 2017.
(2) They shall be deemed to have come into force fr

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e inserted;
(iii) in FORM GST RFD-01,
(a) for “Statement-2”, the following Statement shall be substituted, namely:-
“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)
“;
(b) for “Statement-4”, the following Statement shall be substituted, namely:-
“Statement-4 [rule 89(2)(d) and 89(2)(e)]
Refund Type: On account of supplies made to SEZ unit or SEZ Developer (on payme

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Seeks to extend the time limit for filing of FORM GSTR-4

Seeks to extend the time limit for filing of FORM GSTR-4
22/2017 Dated:- 25-10-2017 Telangana SGST
GST – States
Telangana SGST
Telangana SGST
GOVERNMENT OF TELANGANA
COMMERCIAL TAXES DEPARTMENT
TGST Notification No. 22/2017
CCT's Ref No. A(1)/128/2017
Dt. 25-10-2017
In exercise of the powers conferred by sub-section (6) of Section 39 read with section 168 of the Telangana Goods and Services Tax Act, 2017 (23 of 2017) (hereinafter referred to as the said Act), the Commissioner

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Seeks to reduce GST rate on Food preparations put up in unit containers and intended for free distribution to economically weaker sections of the society under a programme duly approved by the Central Government or any State Government.

Seeks to reduce GST rate on Food preparations put up in unit containers and intended for free distribution to economically weaker sections of the society under a programme duly approved by the Central Government or any State Government.
G.O. Ms. No. 39/2017-Puducherry GST (Rate) Dated:- 25-10-2017 Puducherry SGST
GST – States
Puducherry SGST
Puducherry SGST
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES SECRETARIAT
[G.O. Ms. No. 39/2017-Puducherry GST (Rate),
Puducherry, dated 25th 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, here

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ions produces a certificate from an officer not below the rank of the Deputy Secretary to the Government of India or the Deputy Secretary to the State Government concerned to the effect that such food preparations have been distributed free to the economically weaker sections of the society under a programme duly approved by the Central Government or the State Government concerned, within a period of five months from the date of supply of such goods or within such further period as the Jurisdictional Commissioner of the Central tax or the Commissioner of the State tax, as the case may be, may allow in this regard.
Explanation.-
(1) In this notification, “tariff item”, “sub-heading”, “heading” and “Chapter” shall mean respectively a tariff

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waives the late fee payable under section 47 for all registered persons who failed to furnish the return in FORM GSTR-3B

waives the late fee payable under section 47 for all registered persons who failed to furnish the return in FORM GSTR-3B
SRO. 457 Dated:- 25-10-2017 Jammu and Kashmir SGST
GST – States
Jammu and Kashmir SGST
Jammu & Kashmir SGST
Government of Jammu and Kashmir
Finance Department
Civil Secretariat, Srinagar
Notification
Srinagar, the 25th October, 2017
SRO-457 .- In exercise of the powers conferred by section 128 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act N

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Seeks to extend the time limit for filing of FORM GSTR-5A

Seeks to extend the time limit for filing of FORM GSTR-5A
20/2017 Dated:- 25-10-2017 Telangana SGST
GST – States
Telangana SGST
Telangana SGST
GOVERNMENT OF TELANGANA
COMMERCIAL TAXES DEPARTMENT
TGST Notification No. 20/2017
CCT's Ref No. A(1)/114/2017,
Dt. 25-10-2017
In exercise of the powers conferred by sub-section (6) of Section 39 read with Section 168 of the Telangana Goods and Services Tax Act, 2017 (23 of 2017) and in supersession of Notification No. 12/2017, dt. 11-

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Seeks to extend the time limit for submission of FORM GST ITC-01

Seeks to extend the time limit for submission of FORM GST ITC-01
23/2017 Dated:- 25-10-2017 Telangana SGST
GST – States
Telangana SGST
Telangana SGST
GOVERNMENT OF TELANGANA
COMMERCIAL TAXES DEPARTMENT
TGST Notification No. 23/2017
CCT's Ref No. A(1)/129/2017,
Dt. 25-10-2017
In pursuance of section 168 of the Telangana Goods and Services Tax Act, 2017 (23 of 2017) (hereafter referred to as the said Act) and clause (b) of sub-rule (1) of Rule 40 of the Telangana Goods and Ser

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Hughes And Hughes Chem. Ltd. Versus Union of India And ANR

Hughes And Hughes Chem. Ltd. Versus Union of India And ANR
GST
2017 (11) TMI 1413 – DELHI HIGH COURT – 2017 (6) G. S. T. L. 369 (Del.)
DELHI HIGH COURT – HC
Dated:- 25-10-2017
W.P.(C) 8281/2017
GST
MR. SANJIV KHANNA AND MR. PRATHIBA M. SINGH, JJ.
For The Petitioner : Mr. Amit Khemka, Mr. Rishi Sehgal & Ms. Aditi Kharpate, Advocates
For The Respondents : Mr. Vikram Jetly, CGSC And Mr. Harpreet Singh, Sr. Standing Counsel
ORDER
CM No. 38021/2017
This is an application for recall of the direction in order dated 9th October, 2017 whereby the Secretary of the GST Council was asked to remain present in the Court on 6th November, 2017.
2. Counsel for the petitioner-non applicant states that the petitioner has received

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nd issue before the authorities concerned.
6. Counsel for the petitioner states that the petitioner is unaware of the code number, which is applicable to a person/service provider who seeks benefit of exemption under Serial No. 3 of the Notification No. 12/2017- Central Tax (Rate). This is an aspect for which the petitioner must first get in touch with a specialist on the subject and in case they are unable to get hold of the code, correspond with the respondent Council, who, we are sure would ensure that the requisite information is made available.
7. In view of the aforesaid position, learned counsel for the petitioner states that the writ petition may be treated as disposed of. We take the said statement on record and dispose of the wr

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The Jharkhand Goods and Services Tax (Ninth Amendment) Rules, 2017.

The Jharkhand Goods and Services Tax (Ninth Amendment) Rules, 2017.
Va Kar/GST/04/2017-S.O. No. 115 Dated:- 25-10-2017 Jharkhand SGST
GST – States
Jharkhand SGST
Jharkhand SGST
COMMERCIAL TAXES DEPARTMENT

NOTIFICATION
25th October, 2017
S.O. No. 115 Dated- 25th October, 2017 In exercise of the powers conferred by section 164 of the Jharkhand Goods and Services Tax Act, 2017 (12 of 2017), the State Government hereby makes the following rules further to amend the Jharkhand Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Jharkhand Goods and Services Tax (Ninth Amendment) Rules, 2017.
(2) This notification shall be deemed to be effective from 13th October, 2017.
2. In the Jharkhand Goods an

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sub-rule (4) of rule 44 within a period of ninety days from the day on which such person commences to pay tax under section 10:
Provided that the said persons shall not be allowed to furnish the declaration in FORM GST TRAN-1 after the statement in FORM GST ITC-03 has been furnished.”;
(ii) after rule 46, the following rule shall be inserted, namely:-
“46A. Invoice-cum-bill of supply.- Notwithstanding anything contained in rule 46 or rule 49 or rule 54, where a registered person is supplying taxable as well as exempted goods or services or both to an unregistered person, a single “invoice-cum- bill of supply” may be issued for all such supplies.”;
(iii) in rule 54, in sub-rule (2),
(a) for the words “tax invoice” the words “consolid

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(2)”, the words, figures, brackets and letter “See rule 3(3) and 3(3A)” shall be substituted;
(vi) in FORM GSTR-1, for Table 6, the following shall be substituted, namely:-
“6. Zero rated supplies and Deemed Exports
GSTIN of recipient
Invoice details
Shipping bill/Bill of export
Integrated Tax
Cess
No.
Date
Value
No.
Date
Rate
Taxable Value
Amt.
1
2
3
4
5
6
7
8
9
10
6A. Exports
6B. Supplies made to SEZ unit or SEZ Developer
6C. Deemed exports
“;
(vii) in FORM GSTR-1A, for Table 4, the following shall be substituted, namely:-
“4. Zero rated supplies made to SEZ and deemed exports
GSTIN of recipient
Invoice details
Integrated Tax
Cess
No.
Date
Value
Rate
Taxable value
Tax amount
1
2
3
4
5
6
7
8

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TIME LIMIT TO MAKE PAYMENT TO SUPPLIERS

TIME LIMIT TO MAKE PAYMENT TO SUPPLIERS
Query (Issue) Started By: – SURYAKANT MITHBAVKAR Dated:- 24-10-2017 Last Reply Date:- 5-11-2017 Goods and Services Tax – GST
Got 3 Replies
GST
Under GST regime we avail input credit as soon as Goods received in our premises/factory.
Please let us know what is time limit to make payment to the suppliers though our credit is not disallow.
Reply By Rajagopalan Ranganathan:
The Reply:
Sir,
According to second proviso to Section 16 (2) (d) of CGST Act, 2017 "where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a p

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GST Revenue Collection Figures stand at 92,150 crore as on 23rd October, 2017; Waiver of late fee on filing of GSTR-3B for August and September, 2017 GST Revenue Figures – As on 23rd October, 2017

GST Revenue Collection Figures stand at 92,150 crore as on 23rd October, 2017; Waiver of late fee on filing of GSTR-3B for August and September, 2017 GST Revenue Figures – As on 23rd October, 2017
GST
Dated:- 24-10-2017

Press Information Bureau
Government of India
Ministry of Finance
24-October-2017 15:10 IST
The total revenue of GST paid under different heads (upto 23rd October, 2017) for the month of September 2017 is ₹ 92,150/- crore. The total CGST revenue is Rs. 14,042 crore, SGST revenue is Rs. 21,172 crore, IGST revenue is ₹ 48,948 crore (of which IGST from imports in September 2017 is ₹ 23,951 crore) and Compensation Cess is ₹ 7,988/- crore (of which ₹ 722 crore is Compensation Cess

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Deemed Export benefit under Notfication No.47/2017 C.T dated 18.10.17

Deemed Export benefit under Notfication No.47/2017 C.T dated 18.10.17
Query (Issue) Started By: – SURYAKANT MITHBAVKAR Dated:- 24-10-2017 Last Reply Date:- 26-10-2017 Goods and Services Tax – GST
Got 3 Replies
GST
we have manufacturing machinery and supply to customer who is exporting the same (Deem Export)
Whether we have to charge GST full rate or supply without GST.
If without GST what procedure to adopt.
Pl advice.
Reply By Rajagopalan Ranganathan:
The Reply:
Sir,
According to third proviso to Section 89 (1) of CGST Act, 2017 in respect of supplies regarded as deemed expor the refund application may be filed by
(a) the recipient of deemed export supplies; or
(b) the supplier of deemed export supplies in cases wher

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xporter) of goods for exports subject to fulfilment of conditions laid down in notification as foolows.
(i) the registered supplier shall supply the goods to the registered recipient on a tax invoice;
(ii) the registered recipient shall export the said goods within a period of ninety days from the date of issue of a tax invoice by the registered supplier;
(iii) the registered recipient shall indicate the Goods and Services Tax Identification Number of the registered supplier and the tax invoice number issued by the registered supplier in respect of the said goods in the shipping bill or bill of export, as the case may be;
(iv) the registered recipient shall be registered with an Export Promotion Council or a Commodity Board recognis

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rom multiple registered suppliers and then export, the goods from each registered supplier shall move to a registered warehouse and after aggregation, the registered recipient shall move goods to the Port, Inland Container Deport, Airport or Land Customs Station from where they shall be exported;
(viii) in case of situation referred to in condition (vii), the registered recipient shall endorse receipt of goods on the tax invoice and also obtain acknowledgement of receipt of goods in the registered warehouse from the warehouse operator and the endorsed tax invoice and the acknowledgment of the warehouse operator shall be provided to the registered supplier as well as to the jurisdictional tax officer of such supplier; and
(ix) when goods

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Different GST rates for the same product due to different tariff classification

Different GST rates for the same product due to different tariff classification
Query (Issue) Started By: – Nikhil Oltikar Dated:- 24-10-2017 Last Reply Date:- 10-11-2017 Goods and Services Tax – GST
Got 13 Replies
GST
Madam/Sir,
A product was classified in different HSN codes under the same chapter heading by different manufacturers prior to implementation of GST. After July 1 2017, Certain HSN codes attracted 18% GST while other attracted 28% GST. Now certain manufacturers are supplying under 18% GST and others under 28% GST.
How can this issue be resolved?
Reply By KASTURI SETHI:
The Reply:
There is no change in HSN of the products whether pre-GST era or post GST era. It is internationally based. However, there are different sub-heading nos. Of same Chapter. Rate depends upon the complete HSN Code . Chapter may be same but Heading No. Or sub-heading no. may vary. Sometimes rate of tax /duty depends upon last two digit. So read carefully HSN which stands for Chapter

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the Product X under Tariff Code 11113344 at the time of it's excise registration.
Company B classified the Product X under Tariff Code 11115566 at the time of its excise registration.
Prior to 1st July 2017, there was no issue as excise rates for both HSN codes were the same.
After 1st July 2017 , HSN Code 11113344 attracted 18% GST and HSN Code 11115566 attracted 28%.
Neither Company A nor Company B can change their product tariff classification.
How can this issue be resolved?
Reply By KASTURI SETHI:
The Reply:
Pl. let me know the exact name of the product and its usage. Both Chapter/Heading/Sub-Heading Nos. appear to be wrong.
Reply By KASTURI SETHI:
The Reply:
I have Central Excise Tariff Act as on 1.3.17 and both sub-heading nos. are not available. When these HSNs have been added have to be ascertained after reading all the amendments / additions after 1.3.17 onwards. Can you post both invoices in this forum ? Without seeing invoices we cannot arrive at any concret

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nkatesan Subramanyan:
The Reply:
Hello Sir,
We import Computer components and this problem of different GST rates is prevalent for the Computer power supplies. The classification is clearly 8504.4029 or 8504.4090. Mumbai Customs is levying 18% GST, whereas Chennai Customs classifies them at 28%. Delhi Air customs levies 18% whereas the ICD at Delhi levies 28%. Due to this reason, we at Chennai are not able to sell the goods to our co-dealers based in Delhi as they have classified the same at 18%. We have written to the GST council to sort out this anomaly, but there is no action for the last 4 months. We are eagerly waiting for them to solve the problem at least by the Nov. 10 meeting. Further the same product, viz., computer power supplies can be classified under the heading 8473.30 where it explicitly attracts only 18%. Prior to GST, the rates were same for both headings and it did not matter where the goods were classified.
Venkatesan
Reply By KASTURI SETHI:
The Reply:
Dear Sir

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IGST 0.1% Applies to Inter-State Goods for Export Between Registered Parties, Subject to Conditions.

IGST 0.1% Applies to Inter-State Goods for Export Between Registered Parties, Subject to Conditions.
Notifications
GST
IGST at the rate of 0.1% shall be payable on inter-State supply of taxab

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New Circular Clarifies GST Taxability for Printing Contracts: Goods vs. Services Classification Crucial for Accurate Tax Rates.

New Circular Clarifies GST Taxability for Printing Contracts: Goods vs. Services Classification Crucial for Accurate Tax Rates.
Circulars
GST
Clarification on taxability of printing contracts

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High Court Refuses to Change IGST Rate on Imports, Keeps GST Jurisdiction Intact.

High Court Refuses to Change IGST Rate on Imports, Keeps GST Jurisdiction Intact.
Case-Laws
GST
Jurisdiction under GST – determination of rate of IGST on import of goods – HC refused to inter

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CASE LAWS IN ‘GST’

CASE LAWS IN ‘GST’
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 24-10-2017

The litigation on GST has already started. In this article, the decided cases on GST by the High Courts are discussed.
Challenging the implementation of GST
In 'Dr. Kanagasabapathy Sundaram Pillai V. Union of India' – 2017 (9) TMI 389 – Bombay High Court, a public interest litigation was filed by the petitioner challenging the decision of the Government to implement GST with effect from 01.07.2017 on the following grounds-
* That implementation is without Parliamentary sanction and implementation in the midst of the financial year is not valid;
* That the preparations are not well to adopt the new system as the rates of CGST done just a week back for which many representation from the public are not yet replied/rectified;
* That the States/Union territories are not yet decided, not made laws and not declared their proposed rate, not prepared well for smooth imp

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s and taxes have been notified;
* rules have been framed and notified;
* wide publicity is given in public domain;
* entire machinery has been geared up not only to accept new challenge but to ensure GST is implemented effectively.
The High Court was not inclined to entertain PIL and the same was dismissed by the High Court.
Additional levy of IGST
In 'Narendra Plastic Private Limited V. Union of India & Others' – 2017 (9) TMI 674 – Delhi High Court, the grievance of the petitioner is that it holds export orders placed on it prior to 1st July 2017 for the fulfillment of which it has to undertake imports of inputs. The petitioner seeks to explain that, with the change brought about by the GST regime, the petitioner would have no option but to pay IGST out of its sources causing a working capital blockage. The High Court held that the petitioner is not questioning the legislative competence to levy the additional IGST. It is only questioning the applicability of such levy even t

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t of credit is available vis-à-vis such Advance Authorization licenses issued prior to 1st July, 2017;
* this interim direction is further subject to the petitioner furnishing an undertaking by way of an affidavit filed in this Court within one week to the effect that in the case the petitioner ultimately not succeeding in this writ petition, or failing to fulfill its export obligations, it is liable to pay the entire IGST as was leviable, together with interest as the Court may determine at the time final disposal of the writ petition;
* the petitioner will furnish to the Customs Department the entire list of its Advance Authorizations that are valid as on 1st July, 2017 and a list of the export orders placed on the petition prior to 1st July, 2017;
* the above direction will only apply to those imports which are made by the petitioner for fulfillment of its export orders placed with it prior to 1st July, 2017 and not to any export order thereafter.
Detention of goods
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ll be deemed to be concluded. The Statute also provides for the release of the goods pending passing of the order. The goods seizure shall be released, on a provisional basis, under execution of a bond and furnishing or a security. The provisions also provide for adjudication following detention of goods including the provisional release of pending adjudication. When the statute itself provides for such a mechanism, a deviation there from cannot be ordered. The Government pleader himself agreed that the adjudication will be completed within one week. The High Court set aside the judgment under appeal and directs the respondent to issue necessary notice and conduct physical verification in the presence of the respondent and complete adjudication. The High Court gave also liberty to the Revenue to comply with Rule 140(1) and get provisional release on that basis.
Rate of GST on old and scrap buses
In 'M/s M.J.S. Enterprises and others V. The controller of Stores & Purchase and others'

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espondents or the concerned authorities of the Commercial Tax Department. The High Court dismissed the petition as premature.
Composition levy
In 'Rajasthan Tax Consultants Association V. Union of India and others' – 2017 (10) TMI 254 – Rajasthan High Court, the main grievance is that GST network system is not working up to the level and the same is required to be correct and updated to meet the requirements. The High Court held that the problem occurring in system must be immediately report. No coercive action against any of the client of the petitioner members who are referred in the petition and are informing by email, will be protected. The composition scheme is extended up to 30.09.2017, therefore, desirous assessee can apply. Those who could not apply under composition scheme up to 16.08.2017, their applications will be accepted and if their cases does not fall under composition log-in they will send it by email and their applications will be accepted with effect from 01.07.201

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executed prior to 01.07.2017, GST cannot be imposed and 2% VAT alone is applicable. The High Court held that there will be a direction to the Commissioner of Commercial taxes to consider the representation given by the petitioner/association and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of the High Court. The writ petition is allowed by way of remand.
Issuing of password
In 'M/s Metro Institutes of Medical Sciences Private Limited V. State of UP and five others' – 2017 (10) TMI 784 – Allahabad High Court, the case of the petitioner is that since the password has not been issued to the petitioner, the petitioner is unable to complete the process of migration as provided under section 139 of the CGST Act read with Rule 24(1) of CGST Rules 2017. The High Court held that on inquiry made by the petition, the petitioner has been informed on the GST portal that the petitioner will not be allowed to deposit tax and fur

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LEVY OF IGST ON OCEAN FREIGHT IN RESPECT OF IMPORTED GOODS

LEVY OF IGST ON OCEAN FREIGHT IN RESPECT OF IMPORTED GOODS
By: – SURESH ASTEKAR
Goods and Services Tax – GST
Dated:- 24-10-2017

In this Article an attempt is made to ascertain the correctness or otherwise of levy of IGST on ocean freight, on the goods imported into India, under Reverse Charge Mechanism.
IGST on service of transportation of goods by a vessel under RCM
Vide Notification No. 8/2017-Integrated Tax (Rate) Dated 28.06.2017, the Central Government has notified the integrated tax payable on the inter-State supply of services. Sl.No.9 (ii) of the said Notification, which attracts 5% IGST, is as under:
“(ii) Transport of goods in a vessel including services provided or agreed to be provided by a person located in non-taxable territory to 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.”
Explanation No.4 to the said Notification further provides

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axable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India.
A person located in non-taxable territory
Importer, as defined in clause (26) of section 2 of the Customs Act, 1962(52 of 1962), located in the taxable territory.
It may be seen that by virtue of Notifications No.10/2017-Integrated Tax (Rate) dated 28.06.2017, an importer is liable to pay IGST @ 5%, under RCM, on the transportation of goods by a vessel, where such service is provided by a person located in non-taxable territory.
Transaction of import of goods
Bringing of goods into India from a place outside India has been defined to be “import of goods” vide Section 2(10) of the IGST Act.
Section 5(1) of the IGST Act, which is the charging Section, provides for levy of IGST, on all inter-State supplies of goods or services or both.
Section 7(2) of the IGST act provides that supply of goods imported into the territory of India, till they cr

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fact, this is the fundamental character of GST law and the avowed purpose of bringing in GST is to avoid multiple taxes. It is for this purpose that the GST law has specifically identified certain transactions, although they are of mixed nature i.e., involving supply of goods as well as services, to be either supply of goods or supply of services.
Valuation of goods imported
By virtue of the proviso to Section 5(1) of the IGST Act, the IGST on goods imported into India shall be levied and collected in accordance with the provisions of section 3 of the Customs Tariff Act, 1975 on the value as determined under the Customs Act at the point when duties of customs are levied on the said goods.
Section 14 of the Customs Act read with the Customs Valuation Rules provides inter alia, that the value of the imported goods shall be the value of such goods, and shall include: (a) the cost of transport, loading, unloading and handling charges associated with the delivery of the imported goods t

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of service”?
Without going into the history of levy of Service Tax on ocean freight, it may be noted, in brief, that under the Finance Act, 1994, Service Tax was levied on transportation of goods by vessel. However, the GST is supposed to subsumed within its scope all the taxes levied under the earlier law and a single tax is to be levied in the nature of GST (IGST in case of interstate supplies).
A reference may now be made to the provisions of the CGST Act, which have been made applicable to IGST Act by virtue of Section 20 of IGST Act, which determine the nature of a particular supply.
Section 2(30) of the CGST Act defines the term “composite supply”, as under:
“(30) 'composite supply' means a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal suppl

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ve been specifically made applicable to IGST Act, by virtue of Section 20 (i), (ii), & (iii) of the IGST Act.
In the light of the above provisions, the nature of transaction of “import of goods” may be considered.
The goods imported under CIF terms do constitute “composite supply” comprising of “supply of goods, and the supply of services of transport and insurance”. The “supply of goods” becomes the “principal supply” being the predominant element of the composite supply and the “transport and insurance” become ancillary supplies.
Even in respect of CF and FOB terms of import, the importer is liable to pay IGST on the Insurance and freight by including the same in the value of the goods imported. Consequently, the said supply also becomes a “composite supply” of goods and services and the principal supply being “import of goods” is alone liable to IGST only under one category, viz., “supply of goods”.
In view of the statutory provisions as discussed above, the transaction viz., i

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GST under RCM: When to pay (Basic level)

GST under RCM: When to pay (Basic level)
By: – CASanjay Kumawat
Goods and Services Tax – GST
Dated:- 24-10-2017

[With reference to deferment of RCM provision given under section 9(4) of CGST Act and section 5(4) of IGST Act]
Generally, the supplier of goods or services is liable to pay GST. However, in specified cases like imports and other notified supplies, the liability may be cast on the recipient under the reverse charge mechanism. Reverse charge means the liability to pay tax is on the recipient of supply of goods or services instead of the supplier of such goods or services in respect of notified categories of supply.
There are two type of reverse charge scenarios provided in the GST law:
* First is dependent on the nature of supply and/or nature of supplier, like GTA, legal services from Advocates, insurance agent services to company. This scenario is covered by section 9 (3) of the CGST/ SGST (UTGST) Act and section 5 (3) of the IGST Act.
Second scenario

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* date of payment as per books of account or date of debit in bank account, whichever is earlier; or
* the date immediately following sixty days from the date of issue of invoice or similar other document.
Deferment of applicability of Section 9(4) of the CGST Act, 2017 and Section 5(4) of the IGST Act, 2017
The Central Government vide Notification No. 32/2017-Integrated Tax (Rate)- 13.10.2017 has exempted the inter-State supply of goods or services or both received by a registered person from unregistered supplier from the whole of the IGST leviable thereon under section 5(4) of the IGST Act. It may be noted that the exemption contained in this Notification shall apply to all registered persons till the 31st day of March, 2018. On the similar lines, Notification No. 38/2017-Central Tax (Rate) dated 13.10.2017 has been issued under CGST Act, 2017.
With effect date of the deferment has not been provided in this notification. Accordingly, in view of the various judicial pronounceme

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Act, 2017, time of supply is earliest of: –
* date of payment as per books of account or date of debit in bank account, whichever is earlier; or
* the date immediately following sixty days from the date of issue of invoice or similar other document.
Date of payment is 31st October, 2017 and 60 days from the date of issue of invoice by the supplier is 3rd November, 2017. Therefore, time of supply in this case is 31st October, 2017 (earliest of payment date or 61th day from the date of issue of invoice.)
GSTR-3B of the September has been filed upto 20th October, 2017. Therefore, this discussion may relevant for the period starting from the 1st October, 2017 to 12th October, 2017.
Accordingly, a registered recipient is not required to pay GST under RCM under section 9(4) of the CGST Act, 2017 and section 5(4) of the IGST Act, 2017 in respect of supplies received by him in the said period unless its time of supply is falling on or before 12th October, 2017.
Note: The author can be

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Refund of IGST on Exports

Refund of IGST on Exports
OFFICE MEMORANDUM Dated:- 24-10-2017 Trade Notice
Customs
OFFICE OF THE DEPUTY COMMISSIONER OF CUSTOMS (EXPORT'
INLAND CONTAINER DEPOT M L N EAST MUMBAI -400 081
F. No. S/6 -B- MISC-152/2017-18 ICD (M) (X)
Date:-24.10.2017
OFFICE MEMORANDUM
Sub-Refund of IGST on Exports-Reg.
A seminar is being organised on 25.10.2017 at 11.30 AM at the O/o Asstt. /Dy. Commissioner of Customs, ICD, Mulund on the above cited subject for awareness regarding all the aspec

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Registration of Government Departments, local bodies, Government under GST as per Section 22(1) and Section 25(6) of the Kerala State Goods and Services Tax Act 2017.

Registration of Government Departments, local bodies, Government under GST as per Section 22(1) and Section 25(6) of the Kerala State Goods and Services Tax Act 2017.
B1/157/2017/TAXES Dated:- 24-10-2017 Kerala SGST
GST – States
GOVERNMENT OF KERALA
TAXES (B) DEPARTMENT
No. B1/157/2017/TAXES
CIRCULAR
Dated, Thiruvananthapuram, 24/10/2017
Sub: Registration of Government Departments, local bodies, Government under GST as per Section 22(1) and Section 25(6) of the Kerala State Goods and Services Tax Act 2017.
Goods and Services Tax (GST) has been rolled out in the Country effective from 01/07/2017. Many local bodies, Government Departments, Government institutions etc; are required to take registration under GST for taxable supp

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Waives the late fee payable the return in FORM GSTR-3B.

Waives the late fee payable the return in FORM GSTR-3B.
FTX.56/2017/Pt-III/002 Dated:- 24-10-2017 Assam SGST
GST – States
Assam SGST
Assam SGST
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
FINANCE (TAXATION) DEPARTMENT
NOTIFICATION
The 24th October, 2017
No.FTX.56/2017/Pt-III/002.- In exercise of the powers conferred by section 128 of the Assam Goods and Services Tax Act, 2017 (Assam Act No. XXVIII of 2017), the Governor of Assam, on the recommendation of the Goods and Services

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THE PUDUCHERRY GOODS AND SERVICES TAX (REMOVAL OF DIFFICULTIES) ORDER, 2017

THE PUDUCHERRY GOODS AND SERVICES TAX (REMOVAL OF DIFFICULTIES) ORDER, 2017
G.O. Ms. No. 44/CT/2017-18 Dated:- 24-10-2017 Puducherry SGST
GST – States
Puducherry SGST
Puducherry SGST
GOVERNMENT OF PUDUCHERRY
COMMERCIAL TAXES SECRETARIAT
(G.O. Ms. No. 44/CT/2017-18, Puducherry, dated 24th October 2017)
NOTIFICATION
THE PUDUCHERRY GOODS AND SERVICES TAX (REMOVAL OF DIFFICULTIES) ORDER, 2017
Order No. 01/2017 – State Tax
Whereas, certain difficulties have arisen in giving effect to the provisions of the Puducherry Goods and Services Tax Act, 2017 (Act No. 6 of 2017), hereinafter in this order referred to as the said Act, in so far as it relates to the provisions of section 10 of the said Act;
Now, therefore, in exercise o

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