TRANSITIONAL PROVISIONS

Goods and Services Tax – Started By: – RAJNI TOMAR – Dated:- 9-10-2017 Last Replied Date:- 11-10-2017 – We are situated in Haryana; we were traders and registered under the existing law (Service Tax, VAT) and having import export number. We also having Branches in few states in the pre -GST regime they were also registered in VAT, & Service tax. Now, we have registered in GST and having closing stock as on 30.06.2017. In this stock some goods imported, purchased from manufacture and some stock transfer received from our Branched against Form F. We want to take credit on closing stock as on 30.06.2017. We have purchased Invoices showing Excise duty and Bill of Entry also. We have Branch s invoices but not showing Excise amount thereon.

= = = = = = = =

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

= = = = = = = =

h VAT, Central Excise & Service Tax and TRANS-2 for those who are newly registered under GST laws. – Reply By Ganeshan Kalyani – The Reply = Sir, branches are considered as extended warehouse of the factory. Though you have received goods from factory under stock transfer invoice but actually those goods have suffered excise duty. Also, since goods were manufactured by your factory and material was dispatched to branches, so the goods lying at the breaches are duty paid and are considered to have excise invoice i.e. duty paid documents. Hence , in my view you are eligible to claim 100% credit of the duty paid. – Reply By Ganeshan Kalyani – The Reply = Sir, i welcome views of the expert collegues in this regard. Thanks. – Reply By KASTUR

= = = = = = = =

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

= = = = = = = =

No extension of last date for filing GSTR-1 for July, 2017

Goods and Services Tax – GST – Dated:- 9-10-2017 – The last date for filing GSTR-1 for the month of July, 2017 is 10th October, 2017. An extension of two months has already been given. There will be no further extension given to taxpayers for filing their GSTR-1 return for July. Taxpayers who have not yet filed their GSTR-1 for July are advised to do so immediately. Once a taxpayer files GSTR-1 by 10th October, the corresponding entries in GSTR-2A of his buyer shall get auto populated. The buye

= = = = = = = =

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

= = = = = = = =

Scheme of budgetary support under Goods and Service Tax Regime to the units located in specified states – refund of 58% of CGST or 29% of IGST paid through debit in the cash ledger

Indian Laws – Scheme of budgetary support under Goods and Service Tax Regime to the units located in specified states – refund of 58% of CGST or 29% of IGST paid through debit in the cash ledger – TMI Updates – Highlights

= = = = = = = =

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

= = = = = = = =

ITC eligible on purchases (tyre, consumables & labour bills) of GTA

Goods and Services Tax – Started By: – gvenugopal g – Dated:- 9-10-2017 Last Replied Date:- 10-10-2017 – Hi All,Our Company engaged in Freight Forwarding (GTA) and we are charging our customers CGST @6% and SGST @6% on freight charges. We are paying the entire GST collection without adjusting ITC (on our purchase & labour bills). Kindly clarify whether we (GTA) are eligible to take ITC (GST) on our purchase made by us for tyres, consumables and GST paid on vehicle repairing and body buildin

= = = = = = = =

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

= = = = = = = =

Sensex, Nifty inch up on GST relief

Goods and Services Tax – GST – Dated:- 9-10-2017 – Mumbai, Oct 9 (PTI) Wide fluctuations prevailed in the stock market today before key indices Sensex and Nifty closed with measly gains, with institutional investors lending all- crucial support. The GST Council last week offered relief to exporters and small and medium businesses. Caution prevailed as earnings season for the September quarter kicks off this week, traders said. The 30-share Sensex rallied to the day's high of 31,935.63, but

= = = = = = = =

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

= = = = = = = =

gst rate for gta and itc credit eligibility

Goods and Services Tax – Started By: – Ramakrishnan Seshadri – Dated:- 9-10-2017 Last Replied Date:- 10-10-2017 – Dear Sir,We are manufacturers of automobile parts. We use to hire transport agencies to transport our goods to our customer.The transport agency is also registered with the gst and having a valid gstin.Now our question, the transport agency is issuing invoice charging gst of 5%.. In another case the gta is charging cgst 6%+sgst 6%. Could you please confirm credit is eligible on this

= = = = = = = =

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

= = = = = = = =

gst rates-gta

Goods and Services Tax – Started By: – Ramakrishnan Seshadri – Dated:- 9-10-2017 Last Replied Date:- 10-10-2017 – Dear Sir,Could any please inform us the correct gst rate for Goods transport agency for outward supply. Whether it is 5% (CGST 2.5%+SGST 2.5%) or 12% (CGST 6% +SGST 6%)Awaiting the replyThanks & Regards,S.Ramakrishnan – Reply By Rajagopalan Ranganathan – The Reply = Sir, According to Sl. No. 11 of Notification No. 11/2017-Central Tax (Rate) dated 2806.2017 as amended- Heading 99

= = = = = = = =

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

= = = = = = = =

gst credit on freight outward

Goods and Services Tax – Started By: – Ramakrishnan Seshadri – Dated:- 9-10-2017 Last Replied Date:- 10-10-2017 – Dear Sir,Good afternoon Could any please give opinion that the gta paid on freight outwards is eligible for ITC credit. If eligible under which rule it is eligible.Thanks & REgards,S.Ramakrishnan – Reply By Himansu Sekhar – The Reply = The issue has been deliberated in FAQs which is reproduced below: – Reply By Himansu Sekhar – The Reply = Question 28. Can GST charged as per transport bilti on movement of mineral from mine to the buyer be allowed as ITC to the buyer irrespective of the ownership of the transporting vehicle?Answer: In case of an FOR contract for supply of mineral from the mine to the buyer, it is a composite

= = = = = = = =

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

= = = = = = = =

INTRODUCTION OF VAT IN GULF COUNTRIES

Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 9-10-2017 – Yet another tax reform in the world in Gulf Countries is taking place. VAT is being introduced for the first time in Gulf countries as recommended by Gulf Cooperation Council (GCC). Genesis The GCC group of nations have historically worked together in designing and implementing new public policies as they recognize that such a collaborative approach is best for the region, therefore they framed a VAT agreement for all the member states. GCC VAT AGREEMENT is a framework agreement signed by all six GCC countries: Broad framework that mainly states provisions for intra GCC trade Gives countries discretion to choose treatment in certain sectors where it does not affe

= = = = = = = =

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

= = = = = = = =

able person is a person, persons or entity that carries out an economic activity that requires them to be registered for VAT. VAT is levied at each stage in the supply chain and is collected by businesses on behalf of the Government. VAT is ultimately incurred and paid by the end consumer. From when? For UAE and KSA 1st January, 2018 is the go-live date for VAT and other GCC countries have time from January 1st , 2018 to January 1st, 2019 to implement VAT. Registration for VAT will commence prior to implementation date. In UAE, Registration has commenced w.e.f. 1.10.2017. What tax laws? There will be three Federal laws applicable in UAE and KSA: Executive Regulation of Federal Law on Tax Procedures Federal Decree Law on Value Added Tax Fede

= = = = = = = =

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

= = = = = = = =

te prepared scenarios Understand the key areas of impact in business and plan for adversely affected areas. Cash flow impact analysis as VAT is paid on an accrual basis Analyse the capabilities of existing accounting systems to deal with VAT Contract reengineering and documentation Analyse and understand transitional issues. Evaluate the impact of new tax on pricing of any supplies. Plan for the training of existing staff and the recruitment of skilled resources/outsourced agencies Prepare the implementation road map and align relevant teams IT preparedness and software upgradation Inventory management Working capital reassessment and management Due diligence of existing system and procedure VAT in gulf countries is likely to be simple as c

= = = = = = = =

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

= = = = = = = =

Are the reduced GST rates on commodities retrospective

Goods and Services Tax – Started By: – Abhishek Panicker – Dated:- 9-10-2017 Last Replied Date:- 10-10-2017 – I would like the experts to kindly inform whether -The tax rates on commodities which the GST council has been reducing in almost every meeting is applicable retrospectively.This is because if it is so, then the prices of these goods should see a downward revision which necessarily does not seem to be the reality. And if this is the reality, then the Anti-Profiteering mechanism should come into play. But is the department doing so?Moreover, even if the reduced rates are not retrospective, then the goods which are packaged prior to this reduction exhibit the prices which were arrived at on the basis of the higher taxation rates.How

= = = = = = = =

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

= = = = = = = =

If the selling price is lesser that cost price due to Credit notes. Credit notes are issued without GST component by the seller

Goods and Services Tax – Started By: – chetan jhaver – Dated:- 9-10-2017 Last Replied Date:- 27-8-2018 – under below scenario . what is the right way of being tax compliant. PURCHASE PRICE AS PER INVOICE basic 1260 input gst ( cgst + sgst ) 352.8 (a) TOTAL PRICE WITH GST 1613 (b) CREDIT NOTES PERTAINING TO PURCHASE cd @ 3% 48.39 quarterly discount @ rs. 20 per fan 20 quarterly growth discount ( variable ) 18.9 annual growth discount ( variable ) 18.9 free fan scheme . on 48 fans 1 fan free 33 t

= = = = = = = =

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

= = = = = = = =

Telangana Goods and Services Tax (3rd Amendment) Rules, 2017

Telangana Goods and Services Tax (3rd Amendment) Rules, 2017 – GST – States – G.O.Ms.No. 229 – Dated:- 9-10-2017 – GOVERNMENT OF TELANGANA REVENUE (COMMERCIAL TAXES-II ) DEPARTMENT G.O.Ms.No. 229 Dated: 09-10-2017 In exercise of the powers conferred by section 164 of the Telangana Goods and Services Tax Act, 2017 (Act No. 23 of 2017), the Government hereby makes the following amendments to the Telangana Goods and Services Tax Rules, 2017 as amended from time to time, namely,- (1) These rules may be called the Telangana Goods and Services Tax (3rd 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. In the Telangana Goods and Services Tax Rules, 2017 for rule 138, the following shall be substituted, namely,- 138. Information to be furnished prior to commencement of movement of goods and generation of e-way bill.- (1) Every registered person who caus

= = = = = = = =

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

= = = = = = = =

portal and the e-way bill shall be generated by the transporter on the said portal on the basis of the information furnished by the registered person in Part A of FORM GST EWB-01: Provided that the registered person or, as the case may be, the transporter may, at his option, generate and carry the e-way bill even if the value of the consignment is less than fifty thousand rupees: Provided further that where the movement is caused by an unregistered person either in his own conveyance or a hired one or through a transporter, he or the transporter may, at their option, generate the e-way bill in FORM GST EWB-01 on the common portal in the manner specified in this rule: Provided also that where the goods are transported for a distance of less than ten kilometres within the State from the place of business of the consignor to the place of business of the transporter for further transportation, the supplier or the transporter may not furnish the details of conveyance in Part B of FORM GST E

= = = = = = = =

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

= = = = = = = =

than ten kilometres within the State from the place of business of the transporter finally to the place of business of the consignee, the details of conveyance may not be updated in the e-way bill. (6) After e-way bill has been generated in accordance with the provisions of sub-rule (1), where multiple consignments are intended to be transported in one conveyance, the transporter may indicate the serial number of e-way bills generated in respect of each such consignment electronically on the common portal and a consolidated e-way bill in FORM GST EWB-02 maybe generated by him on the said common portal prior to the movement of goods. (7) Where the consignor or the consignee has not generated FORM GST EWB-01 in accordance with the provisions of sub-rule (1) and the value of goods carried in the conveyance is more than fifty thousand rupees, the transporter shall generate FORM GST EWB-01 on the basis of invoice or bill of supply or delivery challan, as the case may be, and may also gener

= = = = = = = =

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

= = = = = = = =

r a consolidated e-way bill generated under this rule shall be valid for the period as mentioned in column (3) of the Table below from the relevant date, for the distance the goods have to be transported, as mentioned in column (2) of the said Table: Table Sr. no. Distance Validity period (1) (2) (3) 1. Upto 100 km One day 2. For every 100 km or part thereof thereafter One additional day Provided that the Commissioner may, by notification, extend the validity period of e-way bill for certain categories of goods as may be specified therein: Provided further that where, under circumstances of an exceptional nature, the goods cannot be transported within the validity period of the e- way bill, the transporter may generate another e-way bill after updating the details in Part B of FORM GST EWB-01. Explanation.-For the purposes of this rule, the relevant date shall mean the date on which the e-way bill has been generated and the period of validity shall be counted from the time at which the

= = = = = = = =

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

= = = = = = = =

orted from the port, airport, air cargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs; and (d) in respect of movement of goods within such areas as are notified under clause (d) of sub-rule (14) of Rule 138 of the Goods and Services Tax Rules of the concerned State. Explanation. – The facility of generation and cancellation of e-way bill may also be made available through SMS. ANNEXURE [(See rule 138 (14)] S.No. Chapter or Heading or Sub-heading or Tariff item Description of Goods (1) (2) (3) 1. 0101 Live asses, mules and hinnies 2. 0102 Live bovine animals 3. 0103 Live swine 4. 0104 Live sheep and goats 5. 0105 Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls. 6. 0106 Other live animal such as Mammals, Birds, Insects 7. 0201 Meat of bovine animals, fresh and chilled. 8. 0202 Meat of bovine animals frozen [other than frozen and put up in unit container] 9.

= = = = = = = =

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

= = = = = = = =

cted, salted, in brine, dried or smoked [other than put up in unit containers] 17. 0210 Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal, other than put up in unit containers 18. 3 Fish seeds, prawn / shrimp seeds whether or not processed, cured or in frozen state [other than goods falling under Chapter 3 and attracting 2.5%] 19. 0301 Live fish. 20. 0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 21. 0304 Fish fillets and other fish meat (whether or not minced), fresh or chilled. 22. 0306 Crustaceans, whether in shell or not, live, fresh or chilled; crustaceans, in shell, cooked by steaming or by boiling in water live, fresh or chilled. 23. 0307 Molluscs, whether in shell or not, live, fresh, chilled; aquatic invertebrates other than crustaceans and molluscs, live, fresh or chilled. 24. 0308 Aquatic invertebrates other than crustaceans and molluscs, live, fresh or chilled. 25. 0401 Fresh

= = = = = = = =

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

= = = = = = = =

lled. 36. 0702 Tomatoes, fresh or chilled. 37. 0703 Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled. 38. 0704 Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled. 39. 0705 Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled. 40. 0706 Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled. 41. 0707 Cucumbers and gherkins, fresh or chilled. 42. 0708 Leguminous vegetables, shelled or unshelled, fresh or chilled. 43. 0709 Other vegetables, fresh or chilled. 44. 0712 Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared. 45. 0713 Dried leguminous vegetables, shelled, whether or not skinned or split. 46. 0714 Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh or chilled; sago pith. 47. 0801 Coconuts, fresh or dried, whether or not shelled or pee

= = = = = = = =

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

= = = = = = = =

s and loganberries, black, white or red currants and gooseberries, cranberries, bilberries and other fruits of the genus vaccinium, Kiwi fruit, Durians, Persimmons, Pomegranates, Tamarind, Sapota (chico), Custard-apple (ata), Bore, Lichi, fresh. 58. 0814 Peel of citrus fruit or melons (including watermelons), fresh. 59. 9 All goods of seed quality 60. 0901 Coffee beans, not roasted 61. 0902 Unprocessed green leaves of tea 62. 0909 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries [of seed quality] 63. 0910 11 10 Fresh ginger, other than in processed form 64. 0910 30 10 Fresh turmeric, other than in processed form 65. 1001 Wheat and meslin [other than those put up in unit container and bearing a registered brand name] 66. 1002 Rye [other than those put up in unit container and bearing a registered brand name] 67. 1003 Barley [other than those put up in unit container and bearing a registered brand name] 68. 1004 Oats [other than those put up in unit container

= = = = = = = =

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

= = = = = = = =

ntainer and bearing a registered brand name] 78. 1106 Flour, of the dried leguminous vegetables of heading 0713 (pulses) [other than guar meal 1106 10 10 and guar gum refined split 1106 10 90], of sago or of roots or tubers of heading 0714 or of the products of Chapter 8 i.e. of tamarind, of singoda, mango flour, etc. [other than those put up in unit container and bearing a registered brand name] 79. 12 All goods of seed quality 80. 1201 Soya beans, whether or not broken, of seed quality. 81. 1202 Ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken, of seed quality. 82. 1204 Linseed, whether or not broken, of seed quality. 83. 1205 Rape or colza seeds, whether or not broken, of seed quality. 84. 1206 Sunflower seeds, whether or not broken, of seed quality. 85. 1207 Other oil seeds and oleaginous fruits (i.e. Palm nuts and kernels, cotton seeds, Castor oil seeds, Sesamum seeds, Mustard seeds, Saffower (Carthamustinctorius) seeds, Melon seeds, Poppy seeds, Ajam

= = = = = = = =

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

= = = = = = = =

wn as khoi, parched paddy or rice coated with sugar or gur, commonly known as Murki 96. 1905 Pappad 97. 1905 Bread (branded or otherwise), except pizza bread 98. 2201 Water [other than aerated, mineral, purified, distilled, medicinal, ionic, battery, de-mineralized and water sold in sealed container] 99. 2201 Non-alcoholic Toddy, Neera including date and palm neera 100. 2202 90 90 Tender coconut water other than put up in unit container and bearing a registered brand name 101. 2302, 2304, 2305, 2306, 2308, 2309 Aquatic feed including shrimp feed and prawn feed, poultry feed and cattle feed, including grass, hay and straw, supplement and husk of pulses, concentrates and additives, wheat bran and de-oiled cake 102. 2501 Salt, all types 103. 2835 Dicalcium phosphate (DCP) of animal feed grade conforming to IS specification No.5470 :2002 104. 3002 Human Blood and its components 105. 3006 All types of contraceptives 106. 3101 All goods and organic manure [other than put up in unit container

= = = = = = = =

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

= = = = = = = =

topographical plans and globes, printed 121. 5001 Silkworm laying, cocoon 122. 5002 Raw silk 123. 5003 Silk waste 124. 5101 Wool, not carded or combed 125. 5102 Fine or coarse animal hair, not carded or combed 126. 5103 Waste of wool or of fine or coarse animal hair 127. 52 Gandhi Topi 128. 52 Khadi yarn 129. 5303 Jute fibres, raw or processed but not spun 130. 5305 Coconut, coir fibre 131. 63 Indian National Flag 132. 6703 Human hair, dressed, thinned, bleached or otherwise worked 133. 6912 00 40 Earthen pot and clay lamps 134. 7018 Glass bangles (except those made from precious metals) 135. 8201 Agricultural implements manually operated or animal driven i.e. Hand tools, such as spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry. 136. 8445 Amber charkha 137. 8446 Handloom [

= = = = = = = =

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

= = = = = = = =

recious stones; precious metals and metals clad with precious metal (Chapter 71) 151. Jewellery, goldsmiths and silversmiths wares and other articles (Chapter 71) 152. Currency 153. Used personal and household effects 154. Coral, unworked (0508) and worked coral (9601); 3. in the principal rules, after rule 138, the following shall be inserted, namely- 138A. Documents and devices to be carried by a person-in-charge of a conveyance.- (1) The person in charge of a conveyance shall carry- (a) the invoice or bill of supply or delivery challan, as the case may be; and (b) a copy of the e-way bill or the e-way bill number, either physically or mapped to a Radio Frequency Identification Device embedded on to the conveyance in such manner as may be notified by the Commissioner. (2) A registered person may obtain an Invoice Reference Number from the common portal by uploading, on the said portal, a tax invoice issued by him in FORM GST INV-1 and produce the same for verification by the proper o

= = = = = = = =

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

= = = = = = = =

her than by way of supply. 138B. Verification of documents and conveyances.- (1) The Commissioner or an officer empowered by him in this behalf may authorise the proper officer to intercept any conveyance to verify the e-way bill or the e-way bill number in physical form for all inter-State and intra-State movement of goods. (2) The Commissioner shall get Radio Frequency Identification Device readers installed at places where the verification of movement of goods is required to be carried out and verification of movement of vehicles shall be done through such device readers where the e-way bill has been mapped with the said device. (3) The physical verification of conveyances shall be carried out by the proper officer as authorised by the Commissioner or an officer empowered by him in this behalf: Provided that on receipt of specific information on evasion of tax, physical verification of a specific conveyance can also be carried out by any officer after obtaining necessary approval of

= = = = = = = =

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

= = = = = = = =

T EWB-01 (See rule 138) E-Way Bill PART-A A.1 GSTIN of Recipient A.2 Place of Delivery A.3 Invoice or Challan Number A.4 Invoice or Challan Date A.5 Value of Goods A.6 HSN Code A.7 Reason for Transportation A.8 Transport Document Number PART- B B. Vehicle Number Notes: 1. HSN Code in column A.6 shall be indicated at minimum two digit level for taxpayers having annual turnover upto five crore rupees in the preceding financial year and at four digit level for taxpayers having annual turnover above five crore rupees in the preceding financial year. 2. Transport Document number indicates Goods Receipt Number or Railway Receipt Number or Airway Bill Number or Bill of Lading Number. 3. Place of Delivery shall indicate the PIN Code of place of delivery. 4. Reason for Transportation shall be chosen from one of the following: Code Description 1 Supply 2 Export or Import 3 Job Work 4 SKD or CKD 5 Recipient not known 6 Line Sales 7 Sales Return 8 Exhibition or fairs 9 For own use 0 Others FORM GS

= = = = = = = =

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

= = = = = = = =

Date: Details of Supplier GSTIN Legal Name Trade name, if any Address Serial No. of Invoice Date of Invoice Details of Recipient (Billed to) Details of Consignee (Shipped to) GSTIN or UIN, if available Name Address State (name and code) Type of supply – B to B supply B to C supply Attracts Reverse Charge Attracts TCS GSTIN of operator Attracts TDS GSTIN of TDS Authority Export Supplies made to SEZ Deemed export Sr.No. Description of Goods HSN Qty. Unit Price (per unit) Total Value Discount, if any Taxable Value Central tax State or UT tax Integrated tax Cess Rate Amt. Rate Amt. Rate Amt. Rate Amt. Freight Insurance Packing and Forwarding Charges etc. Total Total Invoice Value (In figure) Total Invoice Value (In Words) Signature Name of the Signatory Designation or Status ; (iii) in the principal rules to FORMS, – I. with effect from the 1st July of 2017, for FORM GST ENR-01 , the following FORM shall be substituted and shall be deemed to be have been substituted, namely:- FORM GST ENR

= = = = = = = =

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

= = = = = = = =

s, if any(Fill up the same information as in item 5 [(a), (b), and (c)] 7. Consent I on behalf of the holder of Aadhaar number give consent to Goods and Services Tax Network to obtain my details from UIDAI for the purpose of authentication. Goods and Services Tax Network has informed me that identity information would only be used for validating identity of the Aadhaar holder and will be shared with Central Identities Data Repository only for the purpose of authentication. 8. List of documents uploaded (Identity and address proof) 9. Verification I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom. Place: Signature Date: Name of Authorised Signatory For Office Use: Enrolment No. Date- (II) with effect from the 1st day of July, 2017 for FORM GST RFD-01 , the following FORM shall be sub

= = = = = = = =

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

= = = = = = = =

ue to inverted tax structure [clause (ii) of first proviso to section 54(3)] (f) On account of supplies made to SEZ unit/ SEZ developer (with payment of tax) (g) On account of supplies made to SEZ unit/ SEZ developer (without payment of tax) (h) Recipient of deemed export (i) Tax paid on a supply which is not provided, either wholly or partially, and for which invoice has not been issued (tax paid on advance payment) (j) Tax paid on an intra-State supply which is subsequently held to be interState supply and vice versa(change of POS) (k) Excess payment of tax, if any (l) Any other (specify) 8. Details of Bank account Name of bank Address of branch IFSC Type of account Account No. 9. Whether Self-Declaration filed by Applicant u/s 54(4), if applicable Yes No DECLARATION [second proviso to section 54(3)] I hereby declare that the goods exported are not subject to any export duty. I also declare that I have not availed any drawback on goods or services or both and that I have not claimed

= = = = = = = =

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

= = = = = = = =

for the said tax period. Signature Name – Designation / Status SELF- DECLARATION [rule 89(2)(l)] I ____________________ (Applicant) having GSTIN/ temporary Id -, solemnly affirm and certify that in respect of the refund amounting to Rs. / with respect to the tax, interest, or any other amount for the period from-to, 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-section (8) of section 54.) 10. 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 Signature o

= = = = = = = =

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

= = = = = = = =

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 Statement-5 [rule 89(2)(d) and 89(2)(e)] Refund Type: On account of supplies made to SEZ unit or SEZ Developer (without payment of tax) (Amount in Rs.) Sr.No. Invoice details Goods/ Services (G/S) Shipping bill/ Bill of export/Endorsed invoice no. No. Date Value No. Date 1 2 3 4 5 6 7 Statement-5A [rule 89(4)] Refund Type: On account of supplies made to SEZ unit / SEZ developer 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 Statement-6 [rule 89(2)(j)] Refund Type: On account of ch

= = = = = = = =

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

= = = = = = = =

orary ID- for the tax period < >, the incidence of tax and interest, has not been passed on to any other person. This certificate is based on the examination of the books of account and other relevant records and returns particulars maintained/ furnished by the applicant. Signature of the Chartered Accountant/ Cost Accountant: Name: Membership Number: Place: Date: Note – This Certificate is not required to be furnished by the applicant, claiming refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub- section (8) of section 54 of the Act. Instructions – 1. Terms used: (a) B to C: From registered person to unregistered person (b) EGM: Export General Manifest (c) GSTIN: Goods and Services Tax Identification Number (d) IGST: Integrated goods and services tax (e) ITC: Input tax credit (f) POS: Place of Supply (Respective State) (g) SEZ: Special Economic Zone (h) Temporary ID: Temporary Identification Number (i) UIN: Unique Identity Number 2. Refund of e

= = = = = = = =

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

= = = = = = = =

he value of exempt supplies other than zero-rated supplies, during the relevant period. 10.For the purpose of Statement-1, refund claim will be based on supplies reported in GSTR-1 and GSTR-2. 11.BRC or FIRC details will be mandatory where refund is claimed against export of services details of shipping bill and EGM will be mandatory to be provided in case of export of goods. 12.Where the invoice details are amended (including export), refund shall be allowed as per the calculation based on amended value. 13.Details of export made without payment of tax shall be reported in Statement-3. 14. Availability of refund to be claimed in case of supplies made to SEZ unit or SEZ developer without payment of tax shall be worked out in accordance with the formula prescribed in rule 89(4). 15. Turnover of zero rated supply of goods and services shall have the same meaning as defined in rule 89(4). ; (III) , with effect from the 1st day of July, 2017, in FORM GST TRAN-2 ,- (a) in serial No. 4, for

= = = = = = = =

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

= = = = = = = =

Constitution of State Level Screening Committee on anti-profiteering for the Tamil Nadu under the Tamil Nadu Goods and Services Tax Act, 2017

GST – States – G.O. Ms. No. 122, II(2)/CTR/838(d)/2017 – Dated:- 9-10-2017 – NOTIFICATIONS BY GOVERNMENT COMMERCIAL TAXES AND REGISTRATION DEPARTMENT [G.O. Ms. No. 122, Commercial Taxes and Registration (B1), 9th October 2017, Purattasi 23, Hevilambi, Thiruvalluvar Aandu-2048] No. II(2)/CTR/838(d)/2017 In exercise of the powers conferred by sub-rule (2) of rule 123 of the Central Goods and Services Tax Rules, 2017, the Governor of Tamil Nadu hereby constitutes a State Level Screening Committee

= = = = = = = =

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

= = = = = = = =

Extends the time limit for furnishing the details or return, GSTR-1, GSTR-2, GSTR-3.

GST – States – EXN-F(10)-32/2017 – Dated:- 9-10-2017 – EXCISE AND TAXATION DEPARTMENT NOTIFICATION Shimla, the 9th October, 2017 No. EXN-F(10)-32/2017.-In exercise of the powers conferred by the second proviso to sub-section (1) of section 37, first proviso to sub-section (2) of section 38 and sub-section (6) of section 39 read with section 168 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), the Commissioner, on the recommendations of the Council, hereby extends the time limit for furnishing the details or return, as the case may be, under sub-section (1) of section 37, sub-section (2) of section 38 and sub-section (1) of section 39 of the said Act, as specified in column (2) of the Table below for the month of July,

= = = = = = = =

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

= = = = = = = =

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

GST – States – EXN-F(10)-32/2017 – Dated:- 9-10-2017 – EXCISE AND TAXATION DEPARTMENT NOTIFICATION Shimla, the 9th October, 2017 No. EXN-F(10)-32/2017.-In exercise of the powers conferred by section 168 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017) read with sub-rule (5) of rule 61 of the Himachal Pradesh Goods and Services Tax Rules, 2017 and notification No. EXN-F(10)-22/2017, dated 26 August, 2017 published in the Gazette of Himachal Pradesh on 28th August, 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

= = = = = = = =

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

= = = = = = = =

waiver the late fee payable in FORM GSTR-3B for the month of July, 2017

GST – States – EXN-F(10)-32/2017 – Dated:- 9-10-2017 – EXCISE AND TAXATION DEPARTMENT NOTIFICATION Shimla, the 9th October, 2017 No. EXN-F(10)-32/2017.-In exercise of the powers conferred by section 128 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), the Governor of Himachal Pradesh, on the recommendations of the Council, is pleased to waive the late fee payable under section 47 of the said Act, for all registered persons who failed to furnish the return in FORM GSTR- 3B

= = = = = = = =

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

= = = = = = = =

Hughes & Hughes Chem. Ltd. Versus Union of India & Another

2017 (10) TMI 602 – DELHI HIGH COURT – TMI – Imposition of 12% GST on sanitary napkins – Although the Petitioner has served the GST Council dasti, there is no appearance on its behalf today – the Court is constrained to direct the Secretary of the GST Council to remain present in Court on the next date of hearing. – W.P.(C) 8281/2017 & CM 34058/2017 (stay) Dated:- 9-10-2017 – S. Muralidhar And Prathiba M. Singh, JJ. For the Petitioner : Mr Amit Khemka and Ms Aditi Kharpate, Advocates For the Respondent : Mr Vikram Jetly, CGSC for R-1/UOI None ORDER CM 36039/2017 ( permission to file additional affidavit ) 1. In view of the submissions made therein, the application is allowed. The additional affidavit be taken on record. The application i

= = = = = = = =

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

= = = = = = = =

The Pr. Commissioner of GST, Delhi -South Commissionerate Versus McDONALDS India Pvt. Ltd.

2017 (10) TMI 514 – DELHI HIGH COURT – 2018 (8) G. S. T. L. 25 (Del.) – Taxability – outstanding dues – whether the amount shown as outstanding in the books of accounts of the Assessee as on 10th May 2008 would be amenable to service tax by virtue of the amendments? – amendment made in Explanation (c) to Section 67 of the FA 1994 – an explanation was added to sub-rule (1) under Rule 6 of the STR, 1994 by N/N. 19/2008/ST dated 10th May 2008 – The CESTAT has, in the impugned order, held that the amendment was made to Section 67 of the FA 1994 as well as Rule 6 of the ST Rules only with effect from 10th May 2008 and not retrospectively. It was noted that the explanation to Rule 6 being prejudicial to the interest of the AE would, therefore, not apply retrospectively.

Held that: – As a consequence of the above amendments, service tax was required to be paid on taxable service provided to AEs even where the consideration of such tax and services had not actually been received but had

= = = = = = = =

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

= = = = = = = =

as well as the ST Rules cannot be made retrospective – appeal dismissed – decided against Revenue. – SERTA 7/2017 & C.M. No. 36005/2017 (stay) Dated:- 9-10-2017 – S. MURALIDHAR & PRATHIBA M. SINGH JJ. Appellant Through: Mr. Harpreet Singh, Sr. Standing Counsel with Ms. Namrata Bharti, Advocate. Respondent Through: Mr. Nikhil Nayyar, Advocate with Mr. N. Sai Vinod, Ms. Smriti Shah, Advocates. O R D E R C.M. No. 36007/2017 (Exemptions) 1. Allowed, subject to all just exceptions. C.M. No. 36006/2017 (delay of 41 days in filing) 2. For the reasons explained in the application, the delay in filing is condoned. The application is allowed. SERTA No. 7/2017 & CM No. 36005/2017 (stay) 3. This is an appeal by the Service Tax Department through the Principal Commissioner of GST under Section 35 of the Central Excise Act, 1944 ( CE Act ) read with Section 83 of the Finance Act ( FA ), 1994 against an order dated 16th December 2016 passed by the Customs, Excise & Service Tax Appellate

= = = = = = = =

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

= = = = = = = =

ment had not yet been received, it did not pay the corresponding service tax. 5. By the FA 2008 effective from 10th May 2008, an amendment was made in Explanation (c) to Section 67 of the FA 1994 which defined the expression gross amount charged as under:- (c) gross amount charged includes payment by cheque, credit card, deduction from account and any form of payment by issue of credit notes or debit notes and book adjustment, and any amount credited or debited as the case may be, to any account, whether called Suspense account or by any other name, in the books of accounts of a person liable to pay service tax, where the transaction of taxable service is with any associated enterprise. 6. Correspondingly, an explanation was added to sub-rule (1) under Rule 6 of the Service Tax Rules, 1994 ( ST Rules ) by Notification No. 19/2008/ST dated 10th May 2008 as under: Explanation- For the removal of doubts, it is hereby declared that where the transaction of taxable service is with any assoc

= = = = = = = =

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

= = = = = = = =

alty. An adjudication order was passed on 28th March 2012 confirming the above demand of tax, interest and penalty against which the Assessee went in appeal before the Commissioner (Appeals) who, by the order dated 25th July 2013, dismissed the appeal. The Assessee then went in appeal before the CESTAT which, by the impugned order, has allowed the appeal and set aside the adjudication orders as well as the order in appeal. 9. The CESTAT has, in the impugned order, held that the amendment was made to Section 67 of the FA 1994 as well as Rule 6 of the ST Rules only with effect from 10th May 2008 and not retrospectively. It was noted that the explanation to Rule 6 being prejudicial to the interest of the AE would, therefore, not apply retrospectively. 10. The learned counsel for the Appellant-Department sought to urge that the explanation is merely a clarification and did not change the position that existed even prior to 10th May 2008. According to him, the service tax liability always a

= = = = = = = =

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

= = = = = = = =

vague or ambiguous. There is also nothing to show that it was found to be vague or ambiguous by the executive. In fact, the Board circular shows that invocation of clause (ii) had never been in contemplation of the taxing authorities. xxx xxx xxx 52. As stated hereinbefore, for the aforementioned purpose, the expressions like for the removal of doubts are not conclusive. The said expressions appear to have been used under assumption that organizing games of chance would be rendition of service. We are herein not concerned as to whether it was constitutionally permissible for the Parliament to do so as we are not called upon to determine the said question but for our purpose, it would be suffice to hold that the explanation is not clarificatory or declaratory in nature. 12. In the present case, the Court finds that although the intention behind the insertion of the above Explanation to Rule 6 of ST Rules corresponding to the amended Explanation (c) to Section 67 of the FA was to bring a

= = = = = = = =

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

= = = = = = = =

Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017 – regarding

Customs – Instruction No. 16/2017 – Dated:- 9-10-2017 – Instruction No. 16/2017-Customs F. No. 450/119/2017-Cus IV Government of India Ministry of Finance Department of Revenue (Central Board of Excise & Custom) New Delhi, dated the 9th October, 2017 To All Principal Chief Commissioners/Chief Commissioners of Customs/Customs (Preventive), All Principal Chief Commissioners/Chief Commissioners of Customs and Central Excise, All Directors General, All Principal Commissioners/Commissioners of Customs / Customs (Preventive), All Principal Commissioners/ Commissioners of Customs and Central Excise. Sir/Madam, Sub: Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017 – regarding Your attention is invited to Instruction No.

= = = = = = = =

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

= = = = = = = =

of their bank accounts, amount of refund etc. Against the single cheque of consolidated amount of refund, the authorized bank credits the bank account of the exporters mentioned in the list through ECS/NEFT/RTGS. The cheque books for this purpose are provided by the field PAOs to the departmental officers. 3. In view of above it is directed to use the existing system to make immediate payment of refund of IGST on Exports w.e.f. 10th October 2017 till 14th October 2017. The payment through PFMS portal would be started from 16th October 2017. The cheque books presently being used for refund payments may also be used for refund of IGST on exports by the Departmental Officers. In case of requirement of additional cheque books by the Customs for

= = = = = = = =

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

= = = = = = = =

and software infrastructure of PFMS, the required development and testing of electronic refund payment file will not be possible to be done by 10th October 2017. In this regard, a detailed Note has been sent by the Controller General of Accounts to Finance Secretary on 5th October 2017 (Copy enclosed). 2. In the given circumstances, it is proposed to use the existing tax refund payment system for refund payment of IGST on exports. In the existing system the concerned departmental officer (Assistant Commissioner/Deputy Commissioner of the Customs Commissionerate) issues a single cheque to the bank alongwith a list of exporters containing details of their bank accounts, amount of refund etc. Against the single cheque of consolidated amount o

= = = = = = = =

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

= = = = = = = =

Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017

Customs – Instruction No. 15/2017 – Dated:- 9-10-2017 – Instruction No.15/2017-Customs F. No. 450/119/2017-Cus IV Government of India Ministry' of Finance Department of Revenue (Central Board of Excise & Custom) New Delhi, dated the 09th October, 2017 To All Principal Chief Commissioners/Chief Commissioners of Customs / Customs (Preventive), All Principal Chief Commissioners/Chief Commissioners of Customs and Central Excise, All Directors General, All Principal Commissioners/Commissioners of Customs / Customs (Preventive), All Principal Commissioners/ Commissioners of Customs and Central Excise. Sir/Madam, Sub: Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017 As you are aware, Rule 96 of the CGST Rules 2017 deals with refund of Integrated Tax paid on goods exported out of India. It provides that the shipping bill filed by an exporter shall be deemed to be an application for refund of integrated tax paid on the goods exported out of India once export gene

= = = = = = = =

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

= = = = = = = =

export as a refund claim. Commissioners must ensure that the concerned airlines/shipping lines/carriers file EGM/Export report within prescribed time. Cases which remain in EGM error due to any reason should be followed up to ensure that records are updated at the gateway port, especially for ICDs. Exporters may be advised that they should follow up with their carriers to ensure that correct EGM/export reports are filed in a timely manner. Details of export supplies in Table 6A of GSTR-I 4. The details of zero rated supplies declared in Table 6A of return in Form GSTR-I are matched electronically with the corresponding details available in Customs Systems as per details provided in shipping bills/ bill of export. Thus exporters must file their GSTR-1 very carefully to ensure that all relevant details match. For their convenience, the details available in the Customs System have been made available for viewing in their ICEGATE login. 4.1 Exporters who have not filed their GSTR-1 for mon

= = = = = = = =

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

= = = = = = = =

nk account to Customs for the purpose of drawback etc. There is a possibility that bank account details available with Customs do not match with those declared in the GST registration form. In order to ensure smooth processing and payment of refund of IGST paid on exported goods, it has been decided that said refund amount shall be credited to the bank account of the exporter registered with Customs even if it is different from the bank account of the applicant mentioned in his registration particulars. However, exporters may be advised to either change the bank account declared to Customs to align it with their GST registration particulars or add the account declared with Customs in their GST registration details. 6.1 Further, as the refund payments are being routed through the PFMS portal, the bank account details need to be verified and validated by PFMS. The status of validation of bank account with PFMS is available in ICES. Exporters may be advised that if the account has not bee

= = = = = = = =

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

= = = = = = = =

erate, who should be in readiness to start generating refund scrolls from 10.10.2017 onwards. Handling of cases under Rule 96(4)(a) 8. Sub rule 4a of aforesaid Rule 96 provides that refund is to be withheld if a request has been received from the jurisdictional Commissioner of central tax, State tax or Union territory tax to withhold the payment of refund in accordance with the provisions of sub-section (10) or sub-section (11) of section 54. In such cases, the proper officer of integrated tax at the Customs station has to intimate withholding of refund to the applicant and the jurisdictional Commissioner of central tax, State tax or Union territory tax, as the case may be, and a copy of such intimation has to be transmitted to the common portal. 8.1 The Commissioners should put in place a mechanism for keeping record of such intimations received from jurisdictional Commissioner of central tax, State tax or Union territory tax and ensuring that refunds are not processed and sanctioned

= = = = = = = =

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

= = = = = = = =

Defence against Writ Petitions[PILs relating to GST- reg.

Central Excise – F. No. 275/65/2013-CX.8A – Dated:- 9-10-2017 – F. No. 275/65/2013-CX.8A Ministry of Finance Department of Revenue Central Board of Excise & Customs (Legal cell) 'C' Wing, 5th Floor, HUDCO-VISHALA Building Bhikaji Cama Place, R.K. Puram, New Delhi-66: dated the 09.10.2017 INSTRUCTION To, 1. All Principal Chief Commissioners/ Chief Commissioners of Customs, GST & CX; 2. All Director Generals of Customs, GST & CX; 3. <webmaster.cbec@icegate.gov.in> SUB: Defence against Writ Petitions[PILs relating to GST- reg. Sir/ Madam, The undersigned is directed to refer to Member (Legal), CBEC, D.O. letter of even no. dated 05.09.2017 (copy available on CBEC website) on the above subject. 2. In this regard, it i

= = = = = = = =

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

= = = = = = = =

OFFLINE UTILITY FOR FILLING TRAN-1

Goods and Services Tax – Started By: – Milind kulkarni – Dated:- 8-10-2017 Last Replied Date:- 9-10-2017 – Dear Sir,We have manufacture unit in Maharashtra and we received one order from Chennai based manufacturer. As per purchase order they mentioned that Bill to Party is Chennai Company address and Ship To party is outside India.In this transaction order is received from Chennai based company as well as payment of said shipment will be received from Chennai based office in INR.In this connection please advise on following points. What is place of supply? As per bill to ship to concept the third person is deemed to receiver of goods then said shipment is treated as Domestic Supply with charged IGST? Can this shipment is treated as Export?

= = = = = = = =

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

= = = = = = = =

BILL TO PARTY IN INDIA & SHIP TO PARTY OUTSIDE INDIA

Goods and Services Tax – Started By: – Milind kulkarni – Dated:- 8-10-2017 Last Replied Date:- 30-12-1899 – Dear Sir,We have manufacture unit in Maharashtra and we received one order from Chennai based manufacturer. As per purchase order they mentioned that Bill to Party is Chennai Company address and Ship To party is outside India.In this transaction order is received from Chennai based company as well as payment of said shipment will be received from Chennai based office in INR.In this connec

= = = = = = = =

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

= = = = = = = =