GST Council meet begins in Hyderabad

Goods and Services Tax – GST – Dated:- 9-9-2017 – Hyderabad, Sep 9 (PTI) The GST Council, headed by Finance Minister Arun Jaitley, is meeting here today to discuss the quantum of cess to be hiked on luxury and mid-size cars, among other issues. Ahead of the meeting, Andhra Pradesh Finance Minister Y Ramakrishnudu said that he will highlight various demands that the state had made earlier. After the implementation of GST, as per our initial estimation, the state may see a short fall of ₹ 2,900 crore in revenue, Ramakrishnudu told PTI. We also requested the council to take a lenient view on the tax slab with regard to ongoing government projects. As on today, projects worth about ₹ 20,000 crore are under implementation, he said.

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DEBIT NOTE AGAINST PURCHASE INVOICE

Goods and Services Tax – Started By: – NAREN KHATRI – Dated:- 9-9-2017 Last Replied Date:- 9-9-2017 – RESPECTED SIR/S, WE RECENTLY ISSUE DEBIT NOTE FOR RATE AGAINST PURCHASE INVOICE WHERE TO SHOWN THIS DEBIT NOTE IN GSTR 1 OR GSTR 2 THANKING YOU.. IN ADVANCE.. – Reply By NAREN KHATRI – The Reply = PLZ. READ RATE AS RATE DIFFERENCE (I.E. DEBIT NOTE FOR RATE DIFFERENCE) – Reply By Rajagopalan Ranganathan – The Reply = Sir, The details are to be filled up under column 9 of GSTR-1 – Discussion-Foru

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ITC of Service Tax paid under RCM

Goods and Services Tax – Started By: – Ashwarya Agarwal – Dated:- 9-9-2017 Last Replied Date:- 12-9-2017 – I am a steel manufacturer. I have received transportation service from GTA in the month of June. As per the erstwhile Excise and Service Tax law, I had deposited applicable service tax liability for the month of June 2017 on 06.07.2017. However I was not eligible to claim cenvat of that service tax amount against my excise liability for the month of June 2017 because of the provisions of Cenvat Credit Rules.Now GST law is applicable w.e.f 01.07.2017. How can I claim cenvat / ITC of the above mentioned service tax paid in July?? Is there any provision in GST law?? – Reply By MARIAPPAN GOVINDARAJAN – The Reply = In my view you cannot cl

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CONCEPT & STATUS (Updated as on 01st September 2017)

Goods and Services Tax – GST – Dated:- 9-9-2017 – INTRODUCTION: The introduction of Goods and Services Tax on the 1st of July 2017 was a very significant step in the field of indirect tax reforms in India. By amalgamating a large number of Central and State taxes into a single tax, the aim was to mitigate cascading or double taxation in a major way and pave the way for a common national market. From the consumer point of view, the biggest advantage would be in terms of a reduction in the overall tax burden on goods, which was estimated to be around 25%-30%. Introduction of GST would also make Indian products competitive in the domestic and international markets. Studies show that this would have a boosting impact on economic growth. Last but not the least, this tax, because of its transparent and self-policing character, would be easier to administer. GENESIS: 2. The idea of moving towards the GST was first mooted by the then Union Finance Minister in his Budget for 2006-07. Initially

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o levy tax on the manufacture of goods (except alcoholic liquor for human consumption, opium, narcotics etc.) while the States have the powers to levy tax on sale of goods. In case of inter-State sales, the Centre has the power to levy a tax (the Central Sales Tax) but, the tax is collected and retained entirely by the originating States. As for services, it is the Centre alone that is empowered to levy service tax. Since the States are not empowered to levy any tax on the sale or purchase of goods in the course of their importation into or exportation from India, the Centre levies and collects this tax as additional duties of customs, which is in addition to the Basic Customs Duty. This additional duty of customs (commonly known as CVD and SAD) counter balances excise duties, sales tax, State VAT and other taxes levied on the like domestic product. Introduction of GST would require amendments in the Constitution so as to concurrently empower the Centre and the States to levy and colle

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r commerce (including imports) in goods or services. The Central Government will have the power to levy excise duty in addition to the GST on tobacco and tobacco products. The tax on supply of five specified petroleum products namely crude, high speed diesel, petrol, ATF and natural gas would be levied from a later date on the recommendation of GST Council. 5. A Goods and Services Tax Council (GSTC) was constituted comprising the Union Finance Minister, the Minister of State (Revenue) and the State Finance Ministers to recommend on the GST rate, exemption and thresholds, taxes to be subsumed and other features. This mechanism would ensure some degree of harmonization on different aspects of GST between the Centre and the States as well as across States. One half of the total number of members of GSTC would form quorum in meetings of GSTC. Decision in GSTC would be taken by a majority of not less than three-fourth of weighted votes cast. Centre and minimum of 20 States would be required

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i. The threshold exemption limit would be ₹ 20 lakh. For special category States (except J&K) enumerated in article 279A of the Constitution, threshold exemption limit has been fixed at ₹ 10 lakh. ii. Composition threshold shall be ₹ 75 lakh. Composition scheme shall not be available to inter-State suppliers, service providers (except restaurant service) and specified category of manufacturers. For special category States (except J&K and Uttarakhand) enumerated in article 279A of the Constitution, threshold exemption limit has been fixed at ₹ 50 lakh. iii. Existing tax incentive schemes of Central or State governments may be continued by respective government by way of reimbursement through budgetary route. The schemes, in the present form, would not continue in GST. Further, 50% exemption of the CGST portion will be provided to CSD (Defense Canteen). iv. There would be four tax rates namely 5%, 12%, 18% and 28%. The tax rates for different goods and se

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istrative control over 90% of taxpayers having turnover below ₹ 1.5 crore would vest with State tax administration and over 10% with the Central tax administration. Further all administrative control over taxpayers having turnover above ₹ 1.5 crore shall be divided equally in the ratio of 50% each for the Central and State tax administration. vii. Powers under the IGST Act shall also be cross-empowered on the same basis as under CGST and SGST Acts with few exceptions. viii. Power to collect GST in territorial waters shall be delegated by Central Government to the States. ix. Formula and mechanism for GST Compensation Cess has been finalised. x. Eighteen rules on composition, registration, valuation, input tax credit, invoice, accounts and records, returns, payment, refund, assessment and audit, advance ruling, appeals and revision, transitional provisions, anti-profiteering, E-way Bill, inspection, search and seizure, demands and recovery and offences and penalties have bee

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ng it on a common base. The GST to be levied by the Centre would be called Central GST (central tax- CGST) and that to be levied by the States [including Union territories with legislature] would be called State GST (state tax- SGST). Union territories without legislature would levy Union territory GST (union territory tax- UTGST). (iv) An Integrated GST (integrated tax- IGST) would be levied on inter-State supply (including stock transfers) of goods or services. This would be collected by the Centre so that the credit chain is not disrupted. (v) Import of goods would be treated as inter-State supplies and would be subject to IGST in addition to the applicable customs duties. (vi) Import of services would be treated as inter-State supplies and would be subject to IGST. (vii) CGST, SGST /UTGST& IGST would be levied at rates to be mutually agreed upon by the Centre and the States under the aegis of the GSTC. (viii) GST would replace the following taxes currently levied and collected

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date to be recommended by the GSTC. (xii) Tobacco and tobacco products would be subject to GST. In addition, the Centre would continue to levy Central Excise duty. (xiii) A common threshold exemption would apply to both CGST and SGST. Taxpayers with an annual turnover of ₹ 20 lakh (Rs. 10 lakh for special category States (except J&K) as specified in article 279A of the Constitution) would be exempt from GST. A compounding option (i.e. to pay tax at a flat rate without credits) would be available to small taxpayers (including to manufacturers other than specified category of manufacturers and service providers) having an annual turnover of up to ₹ 75 lakh (Rs. 50 lakh for special category States (except J&K and Uttarakhand) enumerated in article 279A of the Constitution). The threshold exemption and compounding scheme would be optional. (xiv) The list of exempted goods and services would be kept to a minimum and it would be harmonized for the Centre and the States a

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yment of IGST is transferred by the originating State to the Centre. Similarly the IGST used for payment of SGST would be transferred by Centre to the destination State. Further the SGST portion of IGST collected on B2C supplies would also be transferred by Centre to the destination State. The transfer of funds would be carried out on the basis of information contained in the returns filed by the taxpayers. (xviii) Input Tax Credit (ITC) to be broad based by making it available in respect of taxes paid on any supply of goods or services or both used or intended to be used in the course or furtherance of business. (xix) Electronic filing of returns by different class of persons at different cut-off dates. (xx) Various modes of payment of tax available to the taxpayer including internet banking, debit/ credit card and National Electronic Funds Transfer (NEFT) / Real Time Gross Settlement (RTGS). (xxi) Obligation on certain persons including government departments, local authorities and g

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or from the date of erroneous refund for raising demand for short-payment or non-payment of tax or erroneous refund and its adjudication in normal cases. (xxvii) Limitation period for raising demand is five (5) years from the due date of filing of annual return or from the date of erroneous refund for raising demand for short-payment or non-payment of tax or erroneous refund and its adjudication in case of fraud, suppression or willful mis-statement. (xxviii) Arrears of tax to be recovered using various modes including detaining and sale of goods, movable and immovable property of defaulting taxable person. (xxix) Goods and Services Tax Appellate Tribunal would be constituted by the Central Government for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority. States would adopt the provisions relating to Tribunal in respective SGST Act. (xxx) Provision for penalties for contravention of the provision of the proposed legislation has been made.

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g to substantive economic growth; (v) Ultimately it will help in poverty eradication by generating more employment and more financial resources; (vi) More efficient neutralization of taxes especially for exports thereby making our products more competitive in the international market and give boost to Indian Exports; (vii) Improve the overall investment climate in the country which will naturally benefit the development in the states; (viii) Uniform SGST and IGST rates will reduce the incentive for evasion by eliminating rate arbitrage between neighboring States and that between intra and inter-State sales; (ix) Average tax burden on companies is likely to come down which is expected to reduce prices and lower prices mean more consumption, which in turn means more production thereby helping in the growth of the industries. This will create India as a Manufacturing hub . (B) Ease of Doing Business: (i) Simpler tax regime with fewer exemptions; (ii) Reduction in multiplicity of taxes tha

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tronic matching of input tax credits all-across India thus making the process more transparent and accountable. (C) Benefit to Consumers: (i) Final price of goods is expected to be lower due to seamless flow of input tax credit between the manufacturer, retailer and supplier of services; (ii) It is expected that a relatively large segment of small retailers will be either exempted from tax or will suffer very low tax rates under a compounding scheme- purchases from such entities will cost less for the consumers; (iii) Average tax burden on companies is likely to come down which is expected to reduce prices and lower prices mean more consumption. GOODS AND SERVICES TAX NETWORK: 9. Goods and Services Tax Network (GSTN) has been set up by the Government as a private company under erstwhile Section 25 of the Companies Act, 1956. GSTN would provide three front end services to the taxpayers namely registration, payment and return. Besides providing these services to the taxpayers, GSTN would

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he Central Government also subsequently extended the CGST Act to J&K. 12. On 22nd June 2017, the first Notification was issued for GST and notified certain sections under CGST. Since than, 28 notifications under CGST Act have been issued notifying sections, notifying rules, amendment to rules and for waiver of penalty, etc. Six, three and one notifications have also been issued under IGST Act, UTGST Act and GST (Compensation to States) Act respectively. Further 23 rate related notifications each have been issued under the CGST Act, IGST Act and UTGST Act. Four rate related notifications have been issued under the GST (Compensation to States) Act. Similar notifications have been issued by all the States under the respective SGST Act. 13. Apart from the notification 7 circulars have also been issued by CBEC on proper officers, ease of exports and reconciliation of returns. ROLE OF CBEC: 14. CBEC is playing an active role in the drafting of GST law and procedures, particularly the CGS

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ge taxpayers base in GST scattered across the length and breadth of the country. Capacity building, particularly in the field of Accountancy and Information Technology for the departmental officers has to be taken up in a big way. A massive four-tier training programme has been conducted under the leadership of NACEN. This training project is aimed at imparting training on GST law and procedures to more than 60,000 officers of CBEC and Commercial Tax officers of State Governments. Officers of the office of CAG are also participating and getting trained in this training programme. More than 52000 officers (including around 20000 officers from States) have already been trained. Out of these 7000 officers have attended refresher training course also. 17. It is expected that a momentous reform like GST is popularized and familiarized to the trade and industry who are the vital stakeholders in successful implementation of this reform. 18. CBEC would be responsible for administration of the

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dural formalities to migrate to the GSTN. The number of new taxpayers who have registered with the GSTN is 18.83 lakhs. 22. The last date for payment of GST for the month of July 2017 was 25th August, 2017. The last date for filing returns in cases, where the taxpayer wanted to avail transitional credit was 28th August, 2017 and, in all other cases, it was 25th August, 2017. 23. If we exclude the taxpayers who have registered with the GSTN in August 2017 and the composition dealers, total number of tax payers who were required to file the returns for July 2017 is 59.57 lakhs, of which, as on 29th August, 2017 38.38 lakh returns have been filed, which is 64.42% of the total number of returns, which were to be filed for the month of July 2017. 24. The total revenue of GST paid under different heads for the month of July, 2017 is ₹ 92,283 crore. The total CGST revenue is ₹ 14,894 crore, SGST revenue is ₹ 22,722 crore, IGST revenue is ₹ 47,469 crore (of which IGST f

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Deregistration

Goods and Services Tax – Started By: – Santosh Nadkarni – Dated:- 9-9-2017 Last Replied Date:- 12-9-2017 – I have migrated from service tax and provisionally registered under GST in Feb 2017. However, my annual revenue is below the threshold of ₹ 20.00 lac and as such I am nt liable for GST. I would like to know, how to de-register the provisional registration. – Reply By KASTURI SETHI – The Reply = There is provision for cancellation of registrationm in common portal. Since the site is n

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PART-II Open Letter to the Honourable Prime Minster of India My Experience with GSTN-  Workable suggestion to Make GSTN a success

Goods and Services Tax – GST – By: – Mohammed Lakkadsha – Dated:- 9-9-2017 Last Replied Date:- 11-9-2017 – PART-II Open Letter to the Honourable Prime Minster of India My Experience with GSTN- Workable suggestion to Make GSTN a success As an addendum to my earlier open letter to Honorable Prime Minister of India, I thought to pen down suggestion based on my experiences; input from various professional colleagues and taxpayers -how the GSTN network should work to really term it as user friendly. The successful implementation of GST Law heavily depends on technology, as government plans to make it front end and done way with all kinds of manual intervention. Backdrop: It is worthwhile to note that GSTN system has been designed by one of the most valued software company of India Infosys Limited (Company is also managing MCA and other Government portal) which is going to be cost 1380 Crores to the Government. The development cost incurred by the government on GSTN is not a big issue, but

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overcome such bottleneck over the period and matured enough to be replicated for new tax system like GST. Real bottleneck is Numbers & time line of Filing: In view of large numbers of user which is estimated at 70-80 lacs which will be soon exceed the 8-digit figure, the present online system will not work as return filing process is time bound and it is most likely that 80% of user will log in last 2-3 days to file their return, ultimately queuing theory will fail as µ > λ (Service Time is Greater than Arrival Rate). WHAT IS THE SOLUTIONS TO LARGER PROBLEM: A Robust Offline Utility – The Solution to present day situation can be only providing fast & robust offline utility with all validation checks; sensitive help and troubleshooting for generating Offline Return file to be uploaded on GSTN portal. Replacement of existing un-workable Three Tier system -The system of filing Outward return(GSTR1), followed by matching (GSTR2/2A/1A) and finally generating consolid

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urn before finalizing the liability of taxpayer and converting it to demand or refund to be carried forward in next quarter returns. Reduce return Frequency – The most important and burning issue amongst all the taxpayer is monthly frequency of compliance. Every taxpayer must go through same process every month which requires lot of resources in terms of Time & money, which every taxpayer cannot afford. One Time longer frequency to adjust to new system – Beside Initially when every taxpayer and consultant are struggling to understand new Law, concepts and reporting standards, the frequency should be of six months to nine months for the current financial year 2017-18 and which can be subsequently settled down to ideal period of quarter. Monthly Summary return to assure Tax collection – The government concern for revenue collection can be taken care by imposing a single page summary monthly return as presently termed as GSTR-3B to be filed within 15-21 days of completion of month alo

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view of vide acceptance of smart phones, preferably mobile applications should be provided for locating correct HSN code and corresponding tax rate applicable. Submission of other Forms – Other necessary Submission need to be made available online immediately and alternatively through manual system initially which can be done away once online system gets smooth and workable. The issue under Composition scheme (Opt-In/ Opt-Out); registration cancellations; need to be sorted out immediately. Ensure speedy resolution at Local Department Level – The local department offices should be armed with interface for speedy disposal of issue arising, which cannot be resolved under available system. Making law Simpler to reduce the system complexity- The taxability under reverse charge being a totally new to business specially in SME sectors is making un-workable at grass root level. Instead of that all business and service provider should be Invariably asked to register and should be kept out of ta

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d provide updated details of Dealers so that proper status (Regular/Composition) can be known before entering into transaction. Verification (EVC /DSC) – Presently the system requires OTP for various services, there is no provision to change the contact details (email ID and or Mobile number) given at the time of registration, which need to be implemented with proper security check before change the contact details. The verification with DSC option should be made workable in line with ITD site. Effective Redressal System – A Well-equipped redressal system should be established in form of online portal manned with resourceful and skilled staff to resolve all sorts of issue of taxpayers. The queries raised to GSTN should be replied in specified time as per Service Level Agreements (SLAs). Where such queries are not replied, the action of the taxpayer should be considered bonafide and no interest on penalty should be charged for any action or inaction resulting from system errors or issue

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esirable as they are user friendly and already adapted by the professional. Provide redressal portal for authoritative and timely solution Providing Taxpayer, a reasonable time preferably by the end of this fiscal year to adapt to new law and system and make them ready for proper compliances. The government should also think on lines of consolidating compliances under various fiscal law for providing a common portal for submission of business information be it be Financial statement, Audit report or trade specific compliances. This will greatly help in reducing compliance time, duplication of data and interoperability of data. Government need to be responsive and consultative to taxpayer demands, then only user friendly robust GSTN System can be implemented in real terms or it will remain like another government command to be followed under fear of enforcement system. Taxpayer are keeping their fingers crossed and hopeful of getting needed relief. User friendliness should be given more

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How to resolve errors made in GSTR 3B?

Goods and Services Tax – GST – By: – CA.VINOD CHAURASIA – Dated:- 9-9-2017 Last Replied Date:- 11-9-2017 – Introduction: This article discusses in detail about solutions to resolve errors made in GSTR-3B. A lot of doubts are being raised about errors or mistakes made by the taxpayers in filling of GSTR-3B return. As GSTR 3B cannot be revised, it makes the taxpayers worried about the possible consequences due to errors committed. Most of the mistakes or errors done in GSTR 3B can be corrected and reconciled by filing GSTR 1, 2 and 3 . Let us discuss each and every possible mistake and their appropriate solutions. Situation – 1. How to revise the GSTR – 3B return for error/mistakes done while furnishing in GSTR – 3B ? Ans. In case any person

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ty. Situation – 2. If inward details has been filled wrongly under reverse charge column and return is submitted, then how to avoid additional tax liability arising due to this mistake ? Ans. There is no need to pay the additional tax amount rather correct the details in GSTR 1 and 2. Once the details are corrected in GSTR 1 and 2, the additional tax liability shall be automatically waived and be updated. Situation – 3. What If the payment of IGST is made instead of CGST and SGST? Ans. In such case the cash balance of IGST cannot be adjusted against the CGST and SGST. The only solution for this problem is only to claim the refund of IGST later but now CGST and SGST liability is to be paid in cash. Situation – 4. What if, where tax is under

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C in GSTR 3B. Ans. In such a case, a person shall update all the details in GSTR 2 and the additional ITC shall be credited to electronic credit ledger after submission of GSTR 2 and GSTR 3. Situation – 6. What to do, if output tax becomes less than what has already been paid ? Ans. If the total GST liability of the registered person is less than the output tax liability mentioned in GSTR 3B, then the additional tax paid shall be adjusted with the liability of the next month. Situation – 7. What If a person has submitted the GSTR 3B but the payment has not been done due to any reason? Ans. Such person should update and file correct details in GSTR 1, 2 and 3 and the submit the form and pay the taxes. Further, if any late interest is levied,

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Filing of GST return

Goods and Services Tax – GST – Dated:- 8-9-2017 – Attention taxpayers! Don t wait for the last date, file GSTR-1, 2 and 3 within the prescribed period VISIT www.gst.gov.in Kindly note that, the following are important points to be remembered in regards to filing of Form GSTR-1 I. Timelines The regular Returns filing (GSTR-1, GSTR-2, and GSTR-3) deadline relaxed for July/August 2017. The Time period for filing returns (GSTR-1, GSTR-2, and GSTR-3) is given below Forms For July 2017 For August 2017 GSTR-1 1st – 10th September Up to 5th October 2017 GSTR-2 11th -25th September 6th -10th October 2017 GSTR-3 Up to 30th September Up to 15th October Please note that a. Supplier Tax Payer will not be able to Upload Invoices or Submit Form GSTR1, for the month of July, 2017, during the period of filing of Form GSTR-2 of July, 2017, viz. 11th to 25th September, 2017. b. Therefore it is necessary that supplier taxpayers files his Form GSTR 1 for the month of July, 2017, using EVC or DSC ( mandato

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at Source 5. Tax Collector at Source 6. Taxpayer Covered under Online Information and Database Access or Retrieval (OIDAR) IV. Pre-conditions for filing of Form GSTR 1 1. The receiver taxpayer should be a Registered Normal Dealer and should have an active GSTIN. 2. Supplier taxpayer should have valid login credentials (i.e., User ID and password). 3. Supplier taxpayer should have valid and non-expired/unrevoked digital signature certificate (DSC)( in case of companies, LLPs and FLLPs etc.) or EVC ( for remaining Taxpayers) V. Steps in filing Form GSTR 1 1. Login>GST portal > Services > Returns > Returns Dashboard 2. Select the financial year and tax period for which GSTR 1 needs to be filed and click SEARCH 3. Select GSTR 1 tile and click on PREPARE ONLINE or PREPARE OFFLINE 4. Fill in the data in respective section 5. Generate summary of GSTR 1 6. Click submit to validate data. No changes can be made in Form GSTR 1 once data is submitted 7. File GSTR 1 using DSC ( in case

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n offline mode. Using offline tool, taxpayer can upload their invoices in Form GSTR 1, more than once, at any time during the day/week/month. The invoices uploaded in Form GSTR 1 by supplier will be auto populated in GSTR 2A of the receiver and will be available for view to the receiver. Where invoices are more than 500, it will not be available for viewing online to the tax payers. However, they can download it using offline tool and later on upload after edit. c) Filing of Form GSTR 1 Through GSPs: Taxpayers having very large number of invoices can directly furnish details of Form GSTR 1 to GST System using their accounting applications if they use the services of the GST Suvidha Providers to connect to the GST system through a secured MPLS network connectivity. VII. Salient Features of Form GSTR-1: 1. Supplier taxpayers (Normal and Casual) are required to file GSTR 1 return (Statement of outward Supplies) on a monthly basis 2. Information to be uploaded in GSTR-1 statement can be br

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Reverse Charge under GST.

Goods and Services Tax – Started By: – SHIVKUMAR SHARMA – Dated:- 8-9-2017 Last Replied Date:- 12-9-2017 – Dear ExpertService provider & service receiver both are Registered under GST.Service provider is under threshold limit & not charged GST in the Invoice issued by him.Please confirm whether Service receiver is to pay GST under reverse charge.? – Reply By KASTURI SETHI – The Reply = No. Not at all. – Reply By KASTURI SETHI – The Reply = Service provider is supposed to pay GST from Re. One and take credit. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = Since the service provider is registered, even though he is below the threshold limit, he is liable to levy GST and pay the tax since it amounts to voluntary registration. Since t

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ce he is suppose to charge GST. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = If you are not doing any activity then why the transactions had with the service provider? – Reply By KASTURI SETHI – The Reply = I am waiting for reply from the querist in respect of counter-query raised by Sh.Mariappan Govindarajan, Sir. If no reply is received, we can presume that initial query was based on imagination. – Reply By Rajagopalan Ranganathan – The Reply = Sir, According to Section 2 (107) of CGST Act, 2017 taxable person means a person who is registered or liable to be registered under section 22 or section 24. According to Section 22 (1) of CGST Act, 2017 every supplier shall be liable to be registered under this Act in the State or Union territ

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Impact of GST on Service Provided in Third Country

Goods and Services Tax – Started By: – Lokesh Kumar – Dated:- 8-9-2017 Last Replied Date:- 12-9-2017 – This year in the month of April I went to Belgium to attend a trade show, there I met an exporter from Cuba and introduced them to an importer in Taiwan. The Cuban exporter has started shipping cargo directly to the Taiwanese importer.The Taiwanese importer has committed to pay us USD 2500 per consignment for introducing them to the Cuban exporter. Will there be any GST on the payment which we may receive on such transactions?Kindly note the following: Exporter is from Cuba: Not in India Importer is from Taiwan: Not in India Service provided in Belgium: Not in India Money received: In US Dollar in India – Reply By KASTURI SETHI – The Repl

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Petitioner cannot urge and/or seek directions to the respondents to postpone the decision to implement GST with effect from 1.7.2017, for simple reason that herein levy and collection of taxes on goods and services has sanction of law. – HC

Goods and Services Tax – Petitioner cannot urge and/or seek directions to the respondents to postpone the decision to implement GST with effect from 1.7.2017, for simple reason that herein levy and co

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Credit of duty paid on import of old dore bar – Validity of Notification dated 17th August 2017 – Rule 44A in the Central Goods and Services Rules, 2017 – till the next date of hearing, no coercive steps shall be taken by the Respondents to reco

Goods and Services Tax – Credit of duty paid on import of old dore bar – Validity of Notification dated 17th August 2017 – Rule 44A in the Central Goods and Services Rules, 2017 – till the next date o

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TCS on E-Commerce Operators (ECO) under GST

Goods and Services Tax – GST – By: – CA.VINOD CHAURASIA – Dated:- 8-9-2017 – Introduction: This article discusses in detail about Tax collected at source (TCS) on E-commerce under GST. Query 1. TCS is to be collected on the net taxable value of such supplies in respect of which the ECO collects the consideration. Please have a look at my query below: 1) Suppose product cost is ₹ 1000 2) ECO commission: 10% ie. ₹ 100 3) ECO have to pay 2.5% ie. ₹ 25 to Payment gateway. This ₹ 25, ECO will pay from his amount as per point#2 4) Practically, ECO will pay balance ₹ 900 to seller. My question is: 1) How much TCS has to be calculated in this case and on which amount. 2) How much actual amount has to be paid to seller

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on to section 51 pertaining to Tax deduction at source. According to this, the value of supply shall be taken as the amount excluding the Central tax, State Tax, UT Tax, Integrated Tax and cess indicated in the invoice. In view of the above, 1. The value of supply is ₹ 1000/- being the aggregate value of Taxable supplies & TCS shall be collect on ₹ 1,000/- 2. The net amount payable to supplier shall be ₹ 1,060/- i.e. {(1000 + 180 (GST @18% assumed rate) – 20(2% of 1000)-100(ECO Commission)}. 3. GST rate of 12% or 18% will not have any impact on TCS amount calculation. Query2. What if our client sells product worth 1500rs. But ECO after deducting it's margin passes only 1200 to our client. So what would be supply am

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A & M Design & Print Production Versus Union of India & ORS.

2017 (10) TMI 253 – DELHI HIGH COURT – 2017 (4) G. S. T. L. 444 (Del.) – Utilisation of CGST credit and SGST credit for payment of integrated tax in terms of Section 49 (5) of the Central Goods and Services Tax Act, 2017 – Held that: – A reference is made to Rule 86 (2) of the CGST Rules which states that ‘the electronic credit ledger shall be debited to the extent of discharge of any liability in accordance with the provisions of Section 49.’ It is also pointed out that under Section 146 of the CGST Act, the mandate of the Common Goods and Services Tax Electronic Portal is to facilitate the registration, payment of tax, furnishing of its returns, etc. It is also submitted that the system cannot be programmed so as to deny the utilization

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learned Standing Counsel, accepts notice on behalf of GNCTD. 3. The issue raised in the present petition concerns the utilisation of CGST credit and SGST credit for payment of integrated tax in terms of Section 49 (5) of the Central Goods and Services Tax Act, 2017 ( CGST Act ). The Petitioner states that its attempt to make payment of the integrated tax partially from the CGST credit and partially from the SGST credit was frustrated when the Electronic Credit Ledger available at the Portal www.gst.gov.in showed a pop-up error message which stated: Offset the CGST Credit completely before cross utilization [of] SGST Credit against IGST tax liability. 4. Mr. Puneet Agarwal, learned counsel for the Petitioner, points out that this pop-up err

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Sachdeva Overseas Versus State of U.P.

2017 (10) TMI 252 – ALLAHABAD HIGH COURT – 2017 (4) G. S. T. L. 443 (All.) – Migration or implementation of the GST – On the enforcement of the GST, Petitioner got itself migrated for the purpose of GST as partnership firm but instead of issuing registration as a partnership firm, it has been shown to have been registered as a sole proprietorship – Held that: – Department may take necessary steps and rectify the mistake within ten days – the Department is free to allot a new ID and password to the petitioner as a partnership firm as was existing prior to the migration or implementation of the GST. – Writ C. No. 40400 of 2017 Dated:- 8-9-2017 – Mr Pankaj Mittal And Mr. Chandra Tripathi, JJ. For The Petitioner : Shri Suyash Agarwal, Counsel

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Hind Energy And Coal Benefication (India) Ltd. Versus Union of India & ANR.

2017 (10) TMI 251 – DELHI HIGH COURT – 2017 (4) G. S. T. L. 437 (Del.) – Challenge to the validity of the Goods and Services Tax (Compensation to States) Act, 2017 – Clean Energy Cess – claim of petitioner is that they have already paid the cess – Held that: – To facilitate the implementation of this interim order, it is necessary for the officers of the concerned Department, charged with the responsibility of levying and collecting Clean Energy Cess on coal to depute a team to the Petitioner’s business premises to verify on how much of the stock of coal Clean Energy Cess under the FA, 2010 already stands paid – Subject to the Petitioner furnishing to the satisfaction of the officers proof of such payment, the Petitioner will be given credit for such payment and will not be required to make any further payment under the impugned Act for effecting sales and clearances – Till such time the said exercise is completed, no coercive steps will be taken against the Petitioner to recover the

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filed within four weeks. Rejoinder thereto be filed before the next date of hearing. 4. List on 26th October 2017. C.M. No. 32854/2017 (interim relief) 5. In the present case, it is stated that the Petitioner has already paid the Clean Energy Cess under Chapter VII of the Finance Act, 2010 ( FA 2010 ) on the coal lying in stock on 30th June, 2017. Such stock is stated to be around 2,85,418 tonnes, on which the cess already paid is to an extent of ₹ 11.41 crores. 6. In that view of the matter, with regards to the additional levy in terms of the impugned legislation on the aforementioned stock of coal on which the Petitioner has already paid the Clean Energy Cess, the Petitioner should not be required to make any further payment during the pendency of the present petition. However, as far as the stocks of coal on which no Clean Energy Cess was paid, any payment made in terms of the impugned legislation would be subject to the result of this petition. It is ordered accordingly. 7. I

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the levy under the impugned Act. 9. It is made clear however, that on those stocks for which the Petitioner is not able to produce a satisfactory proof of already having paid the Clean Energy Cess under the FA, 2010, the Petitioner will be required to pay the cess under the impugned Act. This would be subject to the directions issued hereinbefore. 10. In a separate order passed today by this Court in C.M. No. 32866/2017 in W.P. (C) No. 7459/2017 it was noticed that the CBEC is in the process of evolving an appropriate method for implementing the interim order dated 25th August 2017 passed in that case which permitted the Petitioner there to avail and utilise the credit of the cess already paid while paying taxes. At the instance of that Petitioner who explained the difficulties faced in utilising such credit and reflecting it in the electronic returns, this Court has issued certain further interim directions. 11. On the same lines it is directed that the Petitioner here will continue

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Mohit minerals Pvt. Ltd. Versus Union of India & ANR

2017 (10) TMI 250 – DELHI HIGH COURT – 2017 (4) G. S. T. L. 433 (Del.) – Refund of amount of compensation cess paid under the impugned legislation – Appropriate directions are accordingly sought by the Petitioner in this application, to the Respondents to amend the Form Tran-I and simultaneously GSTR -3B and GSTR-1, GSTR-2 and GSTR-3 where utility of Cess is to be shown and/ or carried forward as cess or any other appropriate directions to the Respondents so that the Applicant/Petitioner could use the credit of cess already paid on the stock held on 30th June 2017 in terms of the order dated 25th August 2017 of this Court.

Held that: – it is directed that the Petitioner will continue to pay the taxes as and when they fall due after availing and utilizing the credit for the cess already paid. This will, however, be subject to the final orders passed by this Court – As regards to the non-filing of returns by the Petitioner on the due dates, till such time an appropriate method/sys

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ion cess paid under the impugned legislation on such terms which the Court may determine in the final order. C.M. No. 32866/2017 (directions) 2. Notice. Mr. Nitish Gupta, learned counsel for the Respondent accepts notice. 3. Mr. Mittal submitted that despite the order dated 25th August 2017 of this Court, the Petitioner has not been able to take credit of the Clean Energy cess already paid (in the sum of around ₹ 7.86 crores on the stocks of coal as on 30th June, 2017) since the forms developed by the Respondents have no column for utilising such credit for making payment of tax. He further explains that various forms are required to be filed online by the Applicant/ Petitioner under the GST regime, such as: (i) Form Tran-I (for transitional Input credit and stock statement) which is required to be filed for availing credit of VAT input/ Cenvat credit/ cess credit on stock possessed as on 30th June, 2017. Although Form Tran-1can be submitted up to 28th September 2017, since the l

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to file GSTR-3 (net return along with payment of tax) in which the Petitioner has to pay the tax is 30th September. All the returns are interlinked. If the Petitioner is not able to take the credit of cess paid on stock as on 30th June 2017, it will disturb the whole chain. (iv) The return forms are the same for payments of Central and States GST. The non-filing or delay in filing returns attracts penalties. 4. Appropriate directions are accordingly sought by the Petitioner in this application, to the Respondents to amend the Form Tran-I and simultaneously GSTR -3B and GSTR-1, GSTR-2 and GSTR-3 where utility of Cess is to be shown and/ or carried forward as cess or any other appropriate directions to the Respondents so that the Applicant/Petitioner could use the credit of cess already paid on the stock held on 30th June 2017 in terms of the order dated 25th August 2017 of this Court. 5. Mr. Mittal further states till such time an appropriate method is not evolved by the Respondents, t

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JOB-WORKER IS MANUFACTURER, TRADER OR SERVICE PROVIDER

Goods and Services Tax – Started By: – NAREN KHATRI – Dated:- 7-9-2017 Last Replied Date:- 25-9-2017 – JOB-WORKER IS A MANUFACTURER, TRADER OR SERVICE PROVIDER ? – Reply By Ganeshan Kalyani – The Reply = In my view, job worker can be a manufacturer and service provider but not trader. – Reply By KASTURI SETHI – The Reply = Yes. Under GST job worker holds both status. – Reply By vijay kumar – The Reply = As per Schedule II of CGST Act, 2017 a job worker is a service provider – Reply By MARIAPPAN

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GST on advance paid in June-17

Goods and Services Tax – Started By: – Mayuri Shete – Dated:- 7-9-2017 Last Replied Date:- 9-9-2017 – If we have paid advance to URD of ₹ 50,000/-in the month of June-17, recd invoice in the month of July-17 for ₹ 75000/-,we have to pay GST on 75000/- or balance amt of ₹ 25,000/-?please advise. – Reply By Ganeshan Kalyani – The Reply = In my view, GST is applicable on 75K. – Reply By Rajagopalan Ranganathan – The Reply = Madam,If you had paid service tax on the advance amount of ₹ 50,000/- and included the same in the return for the period April 2017 to June 2017 you need not pay gst again on the amount. If not, you have to pay gst on the entire amount of ₹ 75,000/-. – Reply By Mayuri Shete – The Reply = we ha

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GST on sale of motor vehicle

Goods and Services Tax – Started By: – MAHENDRABHAI DESAI – Dated:- 7-9-2017 Last Replied Date:- 8-9-2017 – Dear Sir,We are Pvt. Ltd. Co., we had purchased motor vehicle for use by directors.Pl. advise whether we have to pay GST when we sell used cars even if we are not in business of dealing in motor vehicles.Thanks. – Reply By Ganeshan Kalyani – The Reply = Yes you have to pay GST @ 28% plus applicable cess. – Reply By Himansu Sekhar – The Reply = Sell of used cars attracts gst. – Reply By KA

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C/f of Gujarat VAT on closing stock to GST in Trans – 1

Goods and Services Tax – Started By: – MAHENDRABHAI DESAI – Dated:- 7-9-2017 Last Replied Date:- 8-9-2017 – Dear Sir, With reference to GST provision, please advice how to carry forward Gujarat VAT credit on closing stock as on 30.6.17 in GST in Trans – 1. Thanks – Reply By Ganeshan Kalyani – The Reply = 1) the amount shown as carry forward in the VAT return of June 2017 month is required to be disclosed in TRAN 1. 2) material purchased in the month of June 2017 but the same has been actually r

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GST on Godwon Rent and Shop rent

Goods and Services Tax – Started By: – mithun saha – Dated:- 7-9-2017 Last Replied Date:- 8-9-2017 – Dear sir /MadamI have one godown and one shop . and paying Godown Rent ₹ 5500/pm and shop rent ₹ 7500/ pm.I think i have to pay GST under Reverse Charge on above Rent @ 18 %, Is it Correct ?If i Pay GST on Reverse Charge then is it available for claiming ITC of reverse charge on Rent ?regardsMithun saha – Reply By Rajagopalan Ranganathan – The Reply = Sir, Actually the gst is to be paid by the owner of godown and shop. If the owner is not registered then you may pay the gst under reverse charge and take ITC of the same. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = As indicated by Shri Ranganathan, the GST on rent is to be pai

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Supply To Govt department

Goods and Services Tax – Started By: – mithun saha – Dated:- 7-9-2017 Last Replied Date:- 7-9-2017 – sir/ MadamI would like to know the GST implication on Taxable item supplied to Govt department.I will supply furniture to Railway as per order. so whether i should charge GST in bill or there is any other treatment .thanks – Reply By Rajagopalan Ranganathan – The Reply = Sir,There is no notification exempting supplies made to Govt. department. Hence they are liable to gst. – Reply By MARIAPPAN G

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FAQs on GST on Services

Goods and Services Tax – GST – Dated:- 7-9-2017 – S. No. Questions/ Clarifications sought Clarifications 1 1. Will GST be charged on actual tariff or declared tariff for accommodation services? 2. What will be GST rate if cost goes up (more than declared tariff) owing to additional bed. 3. Where will the declared tariff be published? 4. Same room may have different tariff at different times depending on season or flow of tourists as per dynamic pricing. Which rate to be used then? 5. If tariff changes between booking and actual usage, which rate will be used? 6. GST at what rate would be levied if an upgrade is provided to the customer at a lower rate? 1. Declared or published tariff is relevant only for determination of the tax rate slab. GST will be payable on the actual amount charged (transaction value). 2. GST rate would be determined according to declared tariff for the room, and GST at the rate so determined would be levied on the entire amount charged from the customer. For ex

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2017 entry 34, GST on the service of admission into casino under Heading 9996 (Recreational, cultural and sporting services) has been levied @ 28%. Since the Value of supply rule has not specified the method of determining taxable amount in casino, Casino Operators have been informed to collect 28% GST on gross amount collected as admission charge or entry fee. The method of levy adopted needs to be clarified. Relevant part of entry 34 of the said CGST notification reads as under: Heading 9996 (Recreational, cultural and sporting services) – … (iii) Services by way of admission to entertainment events or access to amusement facilities including exhibition of cinematograph films, theme parks, water parks, joy rides, merry-go rounds, go-carting, casinos, race-course, ballet, any sporting event such as Indian Premier League and the like. – 14% (iv)… (v) Gambling. – 14 % As is evident from the notification, entry to casinos and gambling are two different services, and GST is

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e of entries at Sl. Nos. 34(ii) [admission to cinema] and 7(ii)(vi)(viii) [Accommodation in hotels, inns, etc.], of notification 11/2017-CT (Rate) dated 28th June 2017, price/ declared tariff includes the tax component or not? 2. Whether rent on rooms provided to in-patients is exempted? If liable to tax, please mention the entry of CGST Notification 11/2017-CT(Rate) 3. What will be the rate of tax for bakery items supplied where eating place is attached – manufacturer for the purpose of composition levy? 1. Price/ declared tariff does not include taxes. 2. Room rent in hospitals is exempt. 3. Any service by way of serving of food or drinks including by a bakery qualifies under section 10 (1) (b) of CGST Act and hence GST rate of composition levy for the same would be 5%. 5 Whether homestays providing accommodation through an Electronic Commerce Operator, below threshold limit are exempt from taking registration? Notification No. 17/2017-Central Tax (Rate), has been issued making ECOs

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SPECIAL ECONOMIC ZONES UNDER GST

Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 7-9-2017 Last Replied Date:- 16-7-2018 – Meaning of SEZ Special Economic Zones are specially delineated areas that are treated as foreign territories in the context of trade and tariff laws. A Special Economic Zone (SEZ) is a specified duty-free zone deemed to be a foreign territory within the country for the purpose of tariff and trade. The objectives of SEZ include promotion of goods and services leading to enhanced economic activities, investment promotion, development of infrastructure, creation of employment opportunities etc. SEZ s could be multiple product SEZ s, sector specific, IT sector, free trade and warehousing, gem and jewellery sector, biotechnology etc. SEZ s enjoy a host of fiscal and tax benefits. Indirect tax exemptions include customs duty, central excise duty, service tax, central sales tax, stamp duty and other miscellaneous taxes and duties. Direct tax exemptions include income tax, dividend distr

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ain incentive of setting up a unit in an SEZ is the relaxation in normally cumbersome procedure and much convoluted tax laws. Registration GST law is silent about separate registration of SEZ unit located in SEZ. Accordingly, SEZ unit will have to take registration under GST for either principal place of business or additional place of business. Rule 8 of the CGST Rule, 2017 require each unit in a Special Economic Zone (SEZ) to seek a separate registration under the new tax regime, for each of the States where a business operation is carried on and where GST liability arises. Accordingly, a SEZ unit or SEZ developer shall make a separate application for registration as a business vertical, distinct from its other units located outside the SEZ zone. Inter-State or Intra-State Trade Export of goods and/or services shall be considered as inter-state supply of goods and/or services. Section 7(5) of the IGST Act, 2017 provides that supply of goods and/or services, when the supplier is locat

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nder the erstwhile tax regime, imports by SEZs were not charged excise duty and central sales tax (a levy on inter-State transactions). However, some States levy value added tax. SEZs are governed by the Special Economic Zones Act, 2005. Sections 26(c), 26(e) and 26(g) of the SEZ Act, 2005, provides exemption from earlier indirect taxes to SEZ units or Developers. Section 26(c) deals with exemption from any excise duty on goods brought from the domestic market to an SEZ to carry out authorized operations by the units or developers. Similarly, Section 26(e) provides for exemption from the service tax on relevant services provided to SEZ units or developer. Section 26(g) of SEZ Act, 2005, offers tax exemption to SEZ units or developers from the sale or purchase of goods other than newspapers under the Central Sales Tax Act, 1956. Zero Rated Supply As per section 16 of the IGST Act, 2017, Zero rated supply means any of the following taxable supply of goods and/or services, namely – (a) ex

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ly establishments of a distinct person in accordance with section 25(4) of the CGST Act, 2017. As per section 25(4) of the CGST Act, 2017, a person who has obtained or is required to obtain more than one registration, whether in one State or Union territory or more than one State or Union territory shall, in respect of each such registration, be treated as distinct persons for the purposes of this Act. Therefore, to be called as export of service, above mentioned conditions needs to be satisfied. (b) Supply of goods and/or services to a SEZ unit or a SEZ developer from a supplier located outside SEZ area i.e., Domestic Tariff Area (DTA) shall be considered as a zero rated supply. Therefore, supply of goods and/or services to the SEZ units or Developers would be considered as zero rated supply but on other hand, supply of goods and/or services by the SEZ units or Developers from SEZ to DTA would be covered under the normal course of supply. Accordingly, such unit or developer will have

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therefore, will impact the working capital requirements temporarily (i.e., blockage of working capital) of such taxable persons. Therefore, for the exporters, SEZ developers and SEZ units, the facility of duty free imports/procurement of inputs for exports should be continued else it will lead to increasing requirement of working capital even for payment of IGST/CGST/SGST/UTGST. – Reply By ca sid – The Reply = Sir, What about supply by SEZ developer to a SEZ unit. – Reply By JAIPRAKASH RUIA – The Reply = From where we will get the Bill of Export Number if the material is supplied from DTA/EOU to SEZ – Reply By vijay kumar – The Reply = Procurement of goods and services by SEZ from DTA will not be taxable since they are zero rated. As far as imports are concerned, import of goods are exempted vide Nofn.64/2017-Cus dt.5.7.2017 and import of services vide Nofn.18/2017-Integrated Tax (Rate) dt.5.7.2017. Hence, parity with pre-GST period continues for SEZ units/developer. – Reply By Akshay

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