Goods and Services Tax – To facilitate exports under GST, it has been decided to allow exporters the facility of furnishing Letter of Undertaking in place of a bond – This facility of furnishing Lette
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Customs – Import – Export – SEZ – By: – Manoj Kasture – Dated:- 29-9-2017 Last Replied Date:- 29-9-2017 – IMPORT OF GOODS, DUTIES APPLICABLE AND CREDIT GST has brought about big change in levies related to Imports, Exports and more importantly the Credit permissibility. BASIC PROVISIONS OF CUSTOMS ACT, CUSTOMS TARIFF ACT, Integrated GST (IGST) and All types of Customs Duty and IGST, GST Compensation Cess: Basic Customs Duty – Sec 12 of Customs Act for Levy of Basic Customs Duty (BCD) Valuation of Goods for Customs Duty – Sec 14 of Customs Act Additional Duty (Also called CVD) – Sec 3(1) of Customs Tariff Act 1975 – {Equal to Excise Duty} Additional Duty (Part excise Duty as may be notified) – Sec 3(3) of Customs Tariff Act 1975 – Additional Duty (Part excise Duty as may be notified) Sec 3(2) of Customs Tariff Act 1975 – Valuation of Goods for Duty under Sec 3(1) and Sec 3(3) Special Additional Duty (SAD) – Sec 3(5) of Customs Tariff Act – {equal to VAT} Import of Goods – Sec 2(10) of
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per Customs Tariff Act . Point to note: BCD is applicable only on GOODS. Import of Services is not subjected to BCD. BCD (Basic Customs Duty) continues in GST regime. Sec 12 of Customs Act for levy of BCD also continues in GST Regime. Credit of BCD is not permitted. Valuation of Goods Imported or Exported as per Sec 14 of Customs Act 1962: Sec 14 deals with valuation of Goods imported or exported. Transaction value is elaborated here. It means price paid or payable for goods imported or exported subject to two conditions: Price is sole criteria Both parties are not related Transaction value includes commissions and brokerage, engineering, design works, royalties, licence fees, cost of transportation, insurance, loading, unloading and handline charges. Transaction value related provisions under Customs Act continue even post 1st July 17 and please note that in GST similar provisions for Valuation are made. Additional Duty (Also called CVD) equal to Excise – Sec 3(1) of Customs Tariff Ac
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– Sec 3(2) of Customs Tariff Act (CTA) CVD and Additional Duty will be applicable on the summation of the following: Value of Goods imported Basic Customs Duty as per Sec 12 of Customs Act Not Included: CVD as per Sec 3(1) of Customs Tariff Act Part Additional Duty as per Sec 3(3) of Customs Tariff Act Special Additional Duty (SAD) – Sec 3(5) of Customs Tariff Act Safeguard Duty – Sec 8B of Customs Tariff Act Anti-Dumping Duty – Sec 9A of Customs Tariff Act IGST – Sec 3(7) of Customs Tariff Act GST Compensation Cess – Sec 3(9) of Customs Tariff Act Special Additional Duty (SAD) – Sec 3(5) of Customs Tariff Act SAD equal to State Sales Tax or VAT is levied. These are notified. Post GST, the list of Goods attracting SAD is very small. For our business, none of our materials or capital Goods would attract SAD post GST. Import of Goods – Sec 2(10) of IGST Act Import of Goods as per IGST Act means bringing Goods into India from place outside India. In GST, only if Goods when being brought t
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e on any imported article if such cess is notified and applicable on the goods in India. Credit of IGST – Sec 20 of IGST Act All provisions of Credit as per CGST Act will apply for IGST. Credit of Cess – Sec 11 of GST Compensation to Cess Act 2017 Credit of Cess is permitted and governed by CGST Act. Key difference between pre-GST and post GST Credit Eligibility for builders: Duty Credit Eligibility Pre-GST Credit Eligibility Post GST Basic Customs Duty – Sec 12 of Customs Act Credit Disallowed No credit allowed CVD – Sec 3(1) of Customs Tariff Act Credit Allowed in 2 years Not applicable for our materials and Capital Goods SAD – Sec 3(5) of Customs Tariff Act Credit Disallowed Same as above IGST – Sec 3(7) of Customs Tariff Act Did not exist Credit Allowed GST Compensation Cess – Sec 3(9) of Customs Tariff Act Did not exist Credit Allowed Whether credit on Inputs (Goods for Construction) permitted ?? NO YES Whether credit on Capital Goods permitted ?? To extent of CVD only IGST Credit
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Goods and Services Tax – GST – By: – CA.VINOD CHAURASIA – Dated:- 29-9-2017 – Introduction: This article discusses in detail about the GST taxability on Custom house Agents. Customs House Agent means a person licensed, temporarily or otherwise, under the regulations made under sub-section (2) of section 146 of the Customs Act,1962 (52 of 1962); General Rule The default GST rate for services for which specific rate has not been provided by the GST Council is 18%. Hence, 18% GST rate would be applicable for most of the supporting services in transport. Specific Rule Ocean freight Transport of goods in a vessel GST is payable @ 5% with ITC of input services GST on Reverse Charge basis @ 5% to be paid by the importer in case services supplied by a person located in non- taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India. If value of ocean freight is not available with the importer then value shall be d
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leaning, Agency Charges, Clearance charges, EXW charges etc. 18% GST rates on Air shipments: Sl no Description of Service Charges Covered Rate of Tax 1 Transport of goods by Air-Export Prepaid Air Freight on exports and related surcharges and all Origin charges including clearance and billed to entity based in India 18% 2 Transport of goods by Air-Export Prepaid Air Freight on exports billed to overseas client/ Agent All Origin charges including clearance and billed to overseas client/Agent 0% 18% 3 Transport of goods by Air -Import (Prepaid and collect) Air Freight on Import Custom Clearance Charges Origin EXW charges 0% 18% 18% Where s the Place of Supply of Transportation of goods services under the GST law ? When location of both supplier & recipient is India, the place of supply of transportation of good services as per section 12(8) IGST Act shall be: the location of the recipient, if the recipient is a GST registered person; if the recipient is an unregistered person, the pl
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alysis of each transaction from point of view of GST is encapsulated below: Inward Shipments – Shipments Coming Into India INWARD SHIPMENT Type of Shipment Legs of Transactions Scope Taxability Under GST Delivered Duty Paid ( DDP ) (i.e Entire liability discharged by Consignor/ Seller) a. Between Consignor and Overseas Agent ( OA ) Contract for delivery of goods from outside India to factory/ warehouse of consignee in India Not taxable since both parties are located outside India b. Between OA and Indian Freight Forwarder ( Indian FF ) Contract to perform the Indian leg of shipment, on behalf of OA and not the Consignor or Consignee Section 12(8)(b) of IGST Act shall apply *refer note below Ex-Works ( EXW ) ( i.e Entire liability discharged by Consignee/ Buyer) a. Between Consignee and Indian FF Contract for delivery of goods from outside India to factory/ warehouse of consignee in India Taxable u/s 12(8) of IGST Act b. Between Indian FF and OA Contract to perform the origin leg of tra
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rtation of goods from foreign port to factory/warehouse of consignee, including clearance and freight charges Taxable u/s 12(8) of IGST Act Outward Shipments – Shipments going Into India OUTWARD SHIPMENT Type of Shipment Legs of Transactions Scope Taxability Under GST Delivered Duty Paid ( DDP ) (i.e Entire liability discharged by Consignor/ Seller) a. Between Consignor and Indian FF Contract for delivery of goods from India to factory/warehouse of consignee outside India Taxable u/s 12(8) of IGST Act b. Between Indian FF and OA Contract to perform the foreign leg of shipment, on behalf of FF and not on the behalf of the Consignor or Consignee Taxable u/s 13(9) of IGST Act. Tax liability shall be discharged on RCM basis. Ex-Works ( EXW ) ( i.e Entire liability discharged by Consignee/ Buyer) a. Between Consignee and OA Contract for delivery of goods from India to factory/warehouse of consignee outside India Not taxable since both parties are located outside India b. Between OA and Indi
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actory/warehouse of consignee, including clearance and freight charges Not taxable since both parties are located outside India *Note In respect of transaction performed by Indian FF on behalf of OA, the services are provided to a non-resident entity which would be considered as a non-registered entity. Accordingly, the place of supply of service for unregistered entity will be location where the goods are handed over for transportation i.e. India, provided the air/ocean freight is paid by the OA.Hence, such transaction would be subject to GST. Frequently asked questions 1) What is the rate of tax on export freight when freight is prepaid in India? Ans. 5 %. 2) What is the rate of tax on export freight when it is on collect terms? Ans. Under Sec 13(9) of IGST, this is export of service. So this kind of a transaction is a zero rated supply as per section 16 of IGST Act. 3) What is the rate of tax on THC (Terminal Handling Charges), IHC (Inland Haulage Charges ), B/L Fee s, and other ori
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charges separately. 8) GST is not applicable for export freight collect shipments where freight is collected by my overseas agent at the destination but is GST applicable when I raise my invoice on my overseas agent for freight or for my share of the freight that was due to me? Also, at what rate can it be charged? Ans. No, as per section 13(9) of IGST Act, if the place of supply of service lies outside India, GST is not applicable. 9) If I handle ex-works export shipment then are charges such as THC, B/L Fee, Customs clearance done in India? Will transport in India, etc. be taxable? Am I supposed to charge my overseas agent tax along with the charges? Ans. In respect of transaction performed by Indian FF on behalf of OA, the services are provided to a non-resident entity which would be considered as a non-registered entity. Accordingly, the place of supply of service for unregistered entity will be location where the goods are handed over for transportation i.e. India, provided the ai
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elivery charges at the rate of 18% if these charges are paid in India. 12) Is GST applicable on export door delivery shipments if the charges are on a collect basis and collected by my agent overseas? Ans. No, as per IGST rule 13(9), this transaction is not taxable. 13) As a freight forwarder, how should I decide if I should charge IGST or SGST/CGST Ans. The main criteria to decide the applicability of IGST vs SGST/CGST on my invoices raised for Indian customers is the location of the recipient of service. If the recipient of services is in the same state as you are, you have to charge SGST/CGST if the recipient is in a different state, you have to charge IGST. 14) If I use the services of a GTA, am I supposed to pay GST under reverse charge? At what rate? Can I claim ITC on the tax paid? Ans. Yes, if you use services of GTA for road transport, GST is payable under reverse charge. You can claim the ITC paid after paying the tax to the government. 15) If I am not a GTA and provide servi
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STIN numbers for each state. If you have a full-fledged branch office in Delhi that services Delhi customers then invoices must be raised by your Delhi office for your Delhi customers. Your Mumbai office, in turn, has to raise an invoice on your Delhi office for services supplied by the Mumbai office to the Delhi office. Alternatively, your Mumbai office is free to raise once a month, a consolidated statement for services supplied by the Mumbai office to the Delhi office throughout the month. Your Mumbai office will get to consume the ITC on invoices raised by service providers in Mumbai for freight, THC, etc. Your Delhi office will get to use the ITC on invoices raised by its Mumbai office, in other words, every branch office in a different state than yours must be treated as a vendor. 19) If I have only one office in Maharashtra, is it mandatory for me to have an office/branch office to handle shipments from let s say Chennai? Ans. If you have an office only in one state, it is not m
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ursement under GST regime. Ans. Yes, there is pure agent concept in GST, in the previous example, customs broker must ask the CFS, shipping line, etc. to make the invoice in the name of the importer. Customs broker can pay on behalf of the importer and importer will be able to use the ITC. Since the invoice of the CFS, shipping line, etc., is in the name of the importer, the customs broker cannot claim ITC on this transaction. It is advisable that you obtain an authorization letter from your customer (once every year) authorising you to customs clearance, transport, pay shipping lines, etc., on their behalf. 21) Are cash expenses, sundry expenses, operations vouchers, sundries paid to operations staff on per job basis, taxable? Are conveyances paid to operations staff to go from one CFS to another CFS taxable? Are labour charges, carting charges, warai charges, loading/unloading charges paid in cash taxable? Is ITC available on these expenses? Ans. Yes, every transaction is taxable. Ca
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GST – Order No. 04/2017 – Dated:- 29-9-2017 – F. No. 349/58/2017-GST = = = = = = = = Plain text (Extract) only = = = = = = = =
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GST – States – Order No. 4 – Dated:- 29-9-2017 – Government of Tamilnadu Office of the Principal Secretary / Commissioner of Commercial Taxes, Ezhilagam Chepauk Chennai -600 005. Notification issued by commissioner of State Tax, CHENNAI, FRIDAY, September 29, 2017 Purattasi 13, Hevelambi, Thiruvalluvar Andu-2048 Order No. 4] Rc.085/2016/Taxation/A1 ORDER Subject: Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition
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GST – States – 5/10/2017-FD(TAX)/07(R) – Dated:- 29-9-2017 – GOVERNMENT OF MANIPUR SECRETARIAT: FINANCE DEPARTIWENT (EXPENDITURE SECTION) Imphal, the 29th September, 2017 No. 5/10/2017-FD(TAX)/7(R):- exercise of the powers conferred by section 164 of the Manipur Goods and Services Tax Act, 2017 (3 of 2017), the Government of Manipur hereby makes the following rules further to amend the. Manipur Goods and Services Tax Rules, 2017, namely. (1) These rules may be called the Manipur Goods and Services Tax (Seventh Amendment) Rules, 2017. 2. In the Manipur Goods and Services Tax Rules, 2017, – (i) in rule 24, in sub-rule (4), for the figures, letters and word, 30th September , the figures, letters and word 31st October shall be substituted; (ii
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GST – States – 04/2017-GST – Dated:- 29-9-2017 – F. No. 349/58/2017-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs *** New Delhi, the 29th September, 2017 Order No. 04/2017-GST Subject: Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03 In exercise of the powers conferred by sub-rule (4) of rule 3 of the Central Goods and S
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GST – States – Order No. 04/2017-MGST – Dated:- 29-9-2017 – COMMISSIONER OF STATE TAX, MAHARASHTRA STATE GST Bhavan, Mazgaon, Mumbai 400 010, dated the 29th September 2017. ORDER Order No. 04/2017-MGST No. JC(HQ)-1/GST/2017/Order/19/ADM-8 Subject: Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03 In exercise of the powers conferred by sub-rule (4) of rule 3 of the Maharashtra
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GST – States – FA-3-54/2017-1-V-(117) – Dated:- 29-9-2017 – Commercial Tax Department Mantralaya, Vallabh Bhawan, Bhopal Bhopal, the 29th September 2017 FA-3-54/2017-1-V-(117).-In exercise of the powers conferred by Section 164 of the Madhya Pradesh Goods and Services Tax Act, 2017 (No. 19 of 2017), the State Government, hereby further amends the Madhya Pradesh Goods and Services Tax Rules, 2017, namely:- AMENDMENT 1. In the Madhya Pradesh Goods and Services Tax Rules, 2017,- (i) In rule 24, in sub-rule (4), for the figures, letters and word, 30th September , the figures, letters and word 31st October shall be substituted; (ii) in rule 118, for the words a period of ninety days of the appointed day , the words and figures the period specif
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GST – States – 04/2017 – State Tax – Dated:- 29-9-2017 – DEPARTMENT OF TRADE AND TAXES (GST-POLICY BRANCH) NOTIFICATION No. 04 /2017-State Tax Delhi, the 29th September, 2017 (Reference notification no. 35/2017 of GOI) No. F. 2(3)/Policy-GST/2017/870-81.-In exercise of the powers conferred by sub-rule (5) of rule 61 of the Delhi Goods and Services Tax Rules, 2017, read with notification dated 11.08.2017 and notification no. 22/2017-State Tax, dated 22.08.2017, the Commissioner, on the recommendations of the Council, hereby specifies that the return for the month as specified in column (2) of the Table below shall be furnished in FORM GSTR-3B electronically through the common portal on or before the last dates as specified in the correspond
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GST – States – 36/2017-State Tax – Dated:- 29-9-2017 – NOTIFICATION FINANCE DEPARTMENT. Sachivalaya, Gandhinagar. Notification No. 36/2017-State Tax Dated the 29th September, 2017. No. (GHN-92)/GSTR-2017(10)-TH:- In exercise of the powers conferred by section 164 of the Gujarat Goods and Services Tax Act, 2017 (Guj.25 of 2017), the Government of Gujarat, hereby makes the following rules further to amend the Gujarat Goods and Services Tax Rules, 2017, namely:- 1. These rules may be called the Gujarat Goods and Services Tax (Eighth Amendment) Rules, 2017. 2. In the Gujarat Goods and Services Tax Rules, 2017, (i) in rule 24, in sub-rule (4), for the figures, letters and word, 30th September , the figures, letters and word 31st October shall b
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GST – States – F.No.12(46)FD/Tax/2017-Pt-II-105 – Dated:- 29-9-2017 – GOVERNMENT OF RAJASTHAN FINANCE DEPARTMENT (Tax Division) NOTIFICATION Jaipur, dated: September 29, 2017 In exercise of the powers conferred by section 164 of the Rajasthan Goods and Services Tax Act, 2017 (Act No. 9 of 2017), the State Government hereby makes the following rules further to amend the Rajasthan Goods and Services Tax Rules, 2017, namely:- 1. Short title and commencement.- (1) These rules may be called the Rajasthan Goods and Services Tax (Eighth Amendment) Rules, 2017. 2. In the Rajasthan Goods and Services Tax Rules, 2017. (i) in rule 24, in sub-rule (4), for the figures, letters and word, 30th September , the figures, letters and word 31st October shall
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Goods and Services Tax – 04/2017 – Dated:- 29-9-2017 – F. No. 349/58/2017-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs *** New Delhi, the 29th September, 2017 Order No. 04/2017-GST Subject: Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03 In exercise of the powers conferred by sub-rule (4) of rule 3 of the Central Goods
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GST – 30/2017 – Dated:- 29-9-2017 – Government of India Ministry of Finance (Department of Revenue) Notification No. 30/2017- Union Territory Tax (Rate) New Delhi, the 29th September, 2017 G.S.R. 1213 (E).- In exercise of the powers conferred by sub-section (1) of section 8 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.12/2017- Union Territory Tax (Rate), dated the 28thJune, 2017, published in the Gazette of India, Extraordinary, Part II
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GST – 31/2017 – Dated:- 29-9-2017 – Government of India Ministry of Finance (Department of Revenue) Notification No. 31/2017-Integrated Tax (Rate) New Delhi, the 29th September, 2017 G.S.R. 1212 (E).- In exercise of the powers conferred by sub-section (1) of section 6 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.9/2017- Integrated Tax (Rate), dated the 28thJune, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-
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GST – 30/2017 – Dated:- 29-9-2017 – Government of India Ministry of Finance (Department of Revenue) Notification No. 30/2017- Central Tax (Rate) New Delhi, the 29th September, 2017 G.S.R. 1211 (E).- In exercise of the powers conferred by sub-section (1) of section 11 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.12/2017- Central Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-secti
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GST – 36/2017 – Dated:- 29-9-2017 – Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs Notification No. 36/2017 – Central Tax New Delhi, the 29th September, 2017 G.S.R. 1214 (E):- In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:- 1 These rules may be called the Central Goods and Services Tax (Eighth Amendment) Rules, 2017. 2. In the Central Goods and Services Tax Rules, 2017, – (i) in rule 24, in sub-rule (4), for the figures, letters and word, 30th September , the figures, letters and word 31st October
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REG-29, – (a) for the heading, APPLICATION FOR CANCELATION OF PROVISIONAL REGISTRATION , the heading, APPLICATION FOR CANCELATION OF REGISTRATION OF MIGRATED TAXPAYERS shall be substituted; (b) under sub-heading PART-A, against item (i), for the word and letters Provisional ID , the letters GSTIN shall be substituted. [F. No. 349/58/2017-GST(Pt.)] (Dr.Sreeparvathy S.L.) Under Secretary to the Government of India Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19th June, 2017, published vide number G.S.R 610 (E), dated the 19th June, 2017 and last amended vide notification No. 34/2017-Central Tax, dated the 15th September
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Goods and Services Tax – GST – By: – PARAS MEHRA – Dated:- 28-9-2017 – Introduction On receiving large number of representations from exporter, the Central Board of Excise and Customs (CBEC) in order to grant significant relief to the exporter who were facing lot of difficulties under GST regime, had issued circular just to clarify the issues relating to furnishing of bonds/letter of undertaking (LUT) for exports without payment of IGST. These clarifications brought huge relief for the exporters with respect to export without payment of IGST Export or Import to SEZ unit is an interstate supply of goods or service and hence they are mainly covered under IGST act. IGST Act provides for special treatment of Special Economic Zone Units just as
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ent of tax. Supply to SEZ under bond or LUT are also called Zero-rated supplies Supply to SEZ units under bond or LUT is made in such cases where goods or services are supplied without payment of IGST, it is therefore also called Zero-rated supplies. One needs to file certain documents with the department to supply the goods and services to the SEZ units. The list of documents is as under: You need to deliver LUT on stamp paper / while in case of Bonds it can be provided on non-judicial stamp paper both should be signed by the appropriate authority of the organization. In both LUT / Bond Fill appropriately Form GST-RFD-11 on the letter head of the organization In both cases of LUT / Bond, you need to produce authority letter of your organiz
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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 28-9-2017 – The GST law contains a unique provision on anti-profiteering measure as a deterrent for trade and industry to enjoy unjust enrichment in terms of profit arising out of implementation of Goods and Services Tax in India, i.e., anti-profiteering measure would obligate the businesses to pass on the cost benefit arising out of GST implementation to their customers. The provisions are contained in the GST law as per following provisions: CGST Act, 2017 Section 171 on Anti-profiteering measures IGST Act, 2017 Section 20 which stipulate that provisions of CGST Act, 2017 shall apply mutatis mutandis to IGST Act UTGST Act, 2017 Section 21 which stipulate that provisions of CGST Act, 2017 shall apply mutatis mutandis to UTGST Act SGST Act, 2017 Section 171 on Anti-profiteering measures The Rules for Anti Profiteering are contained in Chapter XV (Rule Nos. 122 to 137) of the Central Goods and Services Tax Rules, 2017. O
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owers to impose a penalty in case it finds that the price being charged has not been reduced consequent to reduction in rate of tax or allowance of input tax credit. During the two years of initial transition into GST regime, Anti-Profiteering Authority (APA) will step in and may ask businesses that have not passed on full benefits of reduced tax burden to consumers to make up for such benefit, with interest. Functions of Anti-Profiteering Authority (APA) The Authority under section 171 of the GST law shall have the following monitoring functions : Input tax credit availed by taxpayer have actually resulted in commensurate reduction in price of goods / services The reduction in prices on account of reduction in tax rates have actually resulted in a commensurate reduction in price of goods / services. Authority for Checking Anti-Profiteering Activities The Government has notified anti-profiteering authority (APA) which will check any undue increase in prices of products of companies und
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nvestigation by Director General of Safeguards To determine methodology & procedure Cooperation with other agencies (income tax, police, revenue intelligence etc) Power to summon Order monitoring by IGST / SGST / CGST authority Tenure of 2 years. Duties of APA As per Rule 127, APA shall be duty bound to : to determine whether any reduction in rate of tax on any supply of goods or services or the benefit of the input tax credit has been passed on to the recipient by way of commensurate reduction in prices. to identify the registered person who has not passed on the benefit of reduction in rate of tax on supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices. to pass an appropriate order. The powers to take action are also listed as duties whereby it can order price reduction, refund of profit, recovery, penalty or even cancellation of GST registration. Duties of Various Authorities State Level Screening Committee Sc
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GST – States – G.O. Ms. No. 121 – Dated:- 28-9-2017 – GOVERNMENT OF TAMIL NADU COMMERCIAL TAXES AND REGISTRATION DEPARTMENT [G.O. Ms. No.121, Commercial Taxes and Registration (B1), 28th September 2017, Purattasi 12, Hevilambi, Thiruvalluvar Aandu-2048.] No. SRO A-41(d)/2017 In exercise of the powers conferred by section 164 of the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017), the Governor of Tamil Nadu hereby makes the following rules further to amend the Tamil Nadu Goods and Services Tax Rules, 2017, namely:- (1) These rules may be called the Tamil Nadu Goods and Services Tax (Fifth Amendment) Rules, 2017. 2. In the Tamil Nadu Goods and Services Tax Rules, 2017,- (i) in rule 24, in sub-rule (4), for the figures
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GST – States – KA.NI.-2-1422/XI-9(42)/17 – Dated:- 28-9-2017 – Uttar Pradesh Shasan Sansthagat Vitta, Kar Evam Nibandhan Anubhag-2 NOTIFICATION No.-KA.NI.-2-1422/XI-9(42)/17-U.P.GST Rules-2017-Order-(51)-2017 Lucknow : Dated : September 28, 2017 In exercise of the powers conferred by section 164 of the Uttar Pradesh Goods and Services Tax Act, 2017 (UP Act no.1 of 2017) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (UP Act no.1 of 1904). the Governor is pleased to make the following rules with a view to amending the Uttar Pradesh Goods And Services Tax Rules, 2017:- THE UTTAR PRADESH GOODS AND SERVICES TAX (FIFTH AMENDMENT) RULES, 2017 1. Short title and commencement (1) These rules may be called the Uttar Pradesh Goods and Services Tax (Fifth Amendment) Rules, 2017. (2) Save as otherwise provided in these rules, they shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of rule 3 In the Utt
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-rule (5), for the words, brackets and figure "or sub-rule (3)", the words, brackets, figure and letter "or sub-rule (3) or sub-rule (3A)" shall be substituted: 3. Amendment of rule 120 In the said rules, after rule 120, the following rule shall be inserted, namely:- "120A. Every registered person who has submitted a declaration electronically in FORM GST TRAN-1 within the period specified in rule 117, rule 118, rule 119 or rule 120 may revise such declaration once and submit the revised declaration in FORM GST TRAN-1 electronically on the common portal within the period specified in the said rules or such further period as may be extended by the Commissioner in this behalf." 4. Amendment of rule 122 In the said rules, in rule 122, in clause (b), after the words "Commissioners of State tax or central tax", the words "for at least one year" shall be inserted: 5. Amendment of rule 124- In the said rules, in rule 124. – (i) for sub-rule (3
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Council and subject to an opportunity of being heard, the Central Government may terminate the appointment of a Technical Member at anytime."; 6. Amendment of rule 127 In the said rules, in rule 127. after clause (iii), the following clause shall be inserted, namely:- (iv) to furnish a performance report to the Council by the tenth of the close of each quarter.": 7. Amendment of rule 138 In the said rules, in rule 138, in sub-rule (1), the following provisos shall be inserted at the end. namely:- "Provided that where goods are sent by a principal located in one Slate to a job-worker located in any other State, the e-way bill shall be generated by the principal irrespective of the value of the consignment; Provided further that where handicraft goods are transported from one State to another by a person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of section 24, the e-way bill shall be generated by the said person irresp
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y 01, 2017; (iii) after the words "Designation/Status", appearing at the end the following words, letters and figures shall be inserted, and be deemed to have been inserted with effect from July 01, 2017 ; "Instructions: 1. Central Tax credit in terms of sub-section (9) of section 140 of the CGST Act, 2017 shall be availed in column 6 of table 5 (a)." 2. Registered persons availing credit through Credit Transfer Document (CTD) shall also file Trans 3 besides availing credit in table 7A under the heading "inputs."; 9. Amendment of FORM GSTR-4 In the said rules, in "FORM GSTR-4", in Serial No.8, in entry 8B(2), for the words "Intra-State Supplies", the words "Inter-State Supplies" shall be substituted, and be deemed to have been substituted with effect from July 01, 2017; 10. Amendment of Notes of FORM GST EWB-1 In the said rules, in the Notes to "FORM GST EWB-01", after Note 4, the following Note shall be inserted, an
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GST – States – FA-3-40/2017-1-V-(115) – Dated:- 28-9-2017 – Commercial Tax Department Mantralaya, Vallabh Bhawan, Bhopal Bhopal, the 28th September 2017 FA-3-40/2017-1-V-(115).-In exercise of the powers conferred by Section 164 of the Madhya Pradesh Goods and Services Tax Act, 2017 (No. 19 of 2017), the State Government, hereby further amends the Madhya Pradesh Goods and Services Tax Rules, 2017, namely:- AMENDMENT (i) In the Madhya Pradesh Goods and Services Tax Rules, 2017, in sub-rule (1) of
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GST – States – 38/1/2017-Fin(R&C)(18)/2452 – Dated:- 28-9-2017 – GOVERNMENT OF GOA Department of Finance Revenue & Control Division Notification 38/1/2017-Fin(R&C)(18)/2452 In exercise of the powers conferred by section 164 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017), the Government of Goa hereby makes the following rules further to amend the Goa Goods and Services Tax Rules, 2017, namely:- (1) These rules may be called the Goa Goods and Services Tax (Seventh Amendment) Rules, 2017. (2) Save as otherwise provided in these rules, they shall be deemed to have come into force with effect from the 15th day of September, 2017. 2. In the Goa Goods and Services Tax Rules, 2017 (hereinafter referred to as the principal rules), in rule 3- (i) after sub-rule (3), the following sub-rule shall be inserted, namely:- (3A) Notwithstanding anything contained in sub-rules (1), (2) and (3), a person who has been granted registration on a provisional basis under rule 24 or wh
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e 120, the following rule shall be inserted, namely:- 120A. Every registered person who has submitted a declaration electronically in FORM GST TRAN-1 within the time period specified in rule 117, rule 118, rule 119 and rule 120 may revise such declaration once and submit the revised declaration in FORM GST TRAN-1 electronically on the common portal within the time period specified in the said rules or such further period as may be extended by the Commissioner in this behalf. ; 5. In the principal rules, in rule 127, after clause (iii), the following clause shall be inserted, namely:- (iv) to furnish a performance report to the Council by the tenth of the close of each quarter. ; 6. In the principal rules, in rule 138, in sub-rule (1), the following provisos shall be inserted, namely:- Provided that where goods are sent by a principal located in one State to a job-worker located in any other State, the e-way bill shall be generated by the principal irrespective of the value of the consi
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nd letters (including Credit Transfer Document (CTD)) shall be inserted; (iii) after the words Designation/Status , the following shall be inserted, namely:- Instructions: (1) Central Tax credit in terms of sub-section (9) of section 140 of the CGST Act, 2017 shall be availed in column 6 of table 5(a). (2) Registered persons availing credit through Credit Transfer Document (CTD) shall also file TRAN 3 besides availing credit in table 7A under the heading inputs. ; 8. In the principal rules, with effect from the 1st day of July, 2017, in FORM GSTR-4 , in Serial No. 8, in entry 8B(2), for the words Intra-State Supplies , the words Inter-State Supplies shall be substituted; 9. In the principal rules, with effect from the 30th day of August, 2017, in the Notes to FORM GST EWB-01 , after Note 4, the following Note shall be inserted, namely:- 5. The details of bill of entry shall be entered in place of invoice where the consignment pertains to an import. . By order and in the name of the Gov
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2017 (10) TMI 501 – GUJARAT HIGH COURT – 2017 (356) E.L.T. A20 (Guj.) – Whether the Tribunal is correct in law when the significant document submitted by the assessee corroborated by the conformational statements of the assessee are overlooked and ignored? – Held that: – It can be seen that the entire issue is based on appreciation of evidence of record and essentially one of facts. No question of law arises – appeal dismissed – decided against Revenue. – Tax Appeal No. 773 of 2017 Dated:- 28-9-2017 – MR. AKIL KURESHI AND MR. BIREN VAISHNAV, JJ. For The Appellant : Mr Sudhir M Mehta, Advocate ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Department has filed this appeal challenging the judgment of the CESTAT dated 06.03.2017 ra
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d from 2004 to 200708 and after verification of records, the audit found that the ratio, declared by the assessee is in order and the ratio remained the same as such no show cause notice are issued for the subsequent periods. The audit officer who took objection of ratio is not able to give any correct ratio. In audit report, they have mentioned ratio of 205 whereas they have recovered the duty as per 1.8 ratio. Thus there is no base ratio of 2.5. Thereafter audit has also been conducted in the year 2009 and 2010 by Central Excise Audit Section as well as A.G. Audit and ratio was found in order as declared by the assessee and further no any objection was taken by the audit party. Thus the subsequent show cause notice was not required to be
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Customs – 123/2017 – Dated:- 28-9-2017 – OFFICE OF COMMISSIONER OF CUSTOMS NS-IV JAWAHAR LAL NEHRU CUSTOM HOUSE, NHAVA SHEVA TAL: URAN, DIST. RAIGAD, MAHARASHTRA-400707 F.No.S/12-Gen-82/2015-16 AM(X) Date: 28.09.2017 PUBLIC NOTICE NO. 123/2017 Sub.: Validation of Bank Accounts in the Public Financial Management System (PFMS) for speedy & smooth disbursal of IGST (Integrated Goods & Services Tax) Export refund- reg. Attention of all the importers, exporters, customs brokers, and other stake holders is invited to the processing of refund of IGST paid on goods exported. 2. In this context, it is again clarified that the shipping bill itself are treated as the refund application with effect from 01/07/2017 and therefore, no separate re
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in the system and PFMS has invalidated such accounts making the prospective disbursal of IGST refund to such closed accounts impossible. Accordingly, the list of accounts, which are not validated by PFMS pertaining JNCH(Export) is uploaded on the website of the Jawahar Lal Nehru Customs House (http://www.jawaharcustoms.gov.in) under the heading Latest Updates for wider publicity and necessary action at the end of the concerned exporters. 5. In view of the above, exporters are advised to update their bank accounts immediately and not to make any changes in the same during the current financial year for smooth disbursal of IGST Refund. 6. Difficulty if any, may be brought to the notice of the Deputy / Assistant Commissioner of customs (Drawb
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