GST on E-Commerce Operators (ECO)

Goods and Services Tax – GST – By: – CA.VINOD CHAURASIA – Dated:- 7-9-2017 – Introduction: This article discusses in detail about GST on E-commerce including the following: E Commerce Business Models Understanding on ECO Registration of ECO & applicable forms Specified services u/s 9(5) Tax collected at source Reporting Mismatch Penalty Declaration of warehouse maintained by ECO as additional place of business by multiple supplier- Any problem ???? Place of supply Reporting in GSTR-1 by ECO E Commerce Business Models E-Commerce or Electronics Commerce business models can generally categorized in following categories. Business – to – Business (B2B) Business – to – Consumer (B2C) Consumer – to – Consumer (C2C) Consumer – to – Business (C2B) Business – to – Government (B2G) Government – to – Business (G2B) Government – to – Citizen (G2C) Business – to – Business (B2B) Website following B2B business model sells its product to an intermediate buyer who then sells the product to the fin

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onsumer – to – Business (C2B) In this model, a consumer approaches website showing multiple business organizations for a particular service. Consumer places an estimate of amount he/she wants to spend for a particular service. For example, comparison of interest rates of personal loan/ car loan provided by various banks via website. Business organization who fulfills the consumer's requirement within specified budget approaches the customer and provides its services. Business – to – Government (B2G) B2G model is a variant of B2B model. Such websites are used by government to trade and exchange information with various business organizations. Such websites are accredited by the government and provide a medium to businesses to submit application forms to the government. Government – to – Business (G2B) Government uses B2G model website to approach business organizations. Such websites support auctions, tenders and application submission functionalities. Government – to – Citizen (G2C

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ory Registration for ECO As per sec. 24(x) of the CGST Act, 2017 the benefit of threshold exemption of ₹ 20L or 10L is not available to e-commerce operators and they are liable to be registered irrespective of the value of supply made by them. Compulsory Registration for person supplying through ECO As per Section 24(ix) of the CGST Act, 2017, the threshold exemption is also not available to persons supplying goods or services through e-commerce operator and they would be liable to be registered irrespective of the value of supply made by them where such electronic commerce operator is required to collect tax at source under section 52 of the CGST Act, 2017. Furthermore, as per sec. 10(2)(d), a composition dealer cannot supply goods through an ECO who is required to collect TCS u/s 52. Specified services u/s 9(5) However, a category of service providers as specified through notification u/s 9(5) are exempted from compulsory registration. Examples are: Housekeeping services such a

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Levy and collection Every e-commerce transaction involves below 3 parties: Seller; Buyer; ECO. And it involves below 2 types of transaction: Between Seller & Buyer – Sale of Goods ; Between Seller & ECO – Provision of market place service. GST shall be levied on both transactions: Between seller & buyer = GST on entire value of goods / services supplied (GST shall be paid by the supplier except in case of Sec 9(5) services) Seller & ECO = GST on commission value / other charges earned by ECO for providing market platform to seller. (GST shall be paid by the ECO) Where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax. Where an electronic commerce operator does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce o

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d the amount collected by it as TCS during a month. The amount of TCS paid by the ECO to the government will be reflected in the GSTR-2 of the actual registered supplier (on whose account such collection has been made) on the basis of the GSTR-8 filed by the e-commerce operator. This TCS can be used at the time of discharge of tax liability in respect of the supplies made by the actual supplier. The operator is also required to file an annual statement in Form GSTR-9B by 31st day of December following the end of the financial year in which the tax was collected. Q. How to report in taxable outward supplies done through ECO in monthly GSTR-1 ? Taxable outward supplies made to registered persons through ECO is to be reported in point no. 4C of GSTR-1 for every ECO & rate wise showing below details: GSTIN of ECO GSTIN / UIN of every buyer Invoice details Tax rate Taxable value Tax amount Place of supply Taxable outward inter-state supplies made to unregistered persons (where the invoi

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supplier in his monthly or any preceding month GSTR-01. Where the details of outward supplies declared by the ECO in his monthly GSTR-08 do not match with the corresponding details declared by the actual supplier in his monthly GSTR-01, the discrepancy shall be communicated to both persons. The amount in respect of which any discrepancy is communicated and which is not rectified by the supplier in his GSTR-01 or by the ECO in his GSTR-08 for the month in which discrepancy is communicated shall be added to the output liability of the said supplier in his return for the next month succeeding the month in which the discrepancy is communicated. The concerned supplier in whose output tax liability any amount has been added, shall be liable to pay the tax payable in respect of such supply along with interest on the amount so added from the date such tax was due till the date of its payment. Notice to ECO u/s 52(12) Any officer not below the-rank of Deputy Commissioner may issue a notice to

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quirements of maintaining records as per section 35 of the CGS T Act, 2017 and Rules 56 to 58 of the CGST Rules, 2017. Online Travel agents as ECO Online travel agents providing services through digital or electronic platform will fall under the category of ECOs liable to deduct TCS under Section 52 of the CGST Act, 2017. In cases of transaction involving 2 or more e-commerce operators, each transaction needs to be treated separately and examined according to the provisions of Section 52 of the CGST Act, 2017 & TCS will be deducted accordingly. Query -1 Many a times it happens that ECO does not provide invoicing solution to the Seller. In such cases, invoice is generated by the seller and received by the buyer without ECO getting to know about it. The payment flows through the ECO. Ans TCS is to be collected on the net taxable value of such supplies in respect of which the ECO collects the consideration. The amount collected should be duly reported in GSTR-8 and remitted to the Gov

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tax at source as per the provisions of this Section. These transactions will be liable to GST at the prevailing rates. Query- 4: What is the impact of GST on goods returned after Sale ? Ans: An e-commerce company is required to collect tax only on the net value of taxable supplies. In other words, the values of supplies which are returned are adjusted in the aggregate value of taxable supplies. As per explanation to sec. 52(1) : Net value of taxable supplies = Aggregate value of taxable supplies through the operator Less: Supplies returned Less: Supplies under Section 9(5) Place of supply in respect of Goods sold through E-commerce operator under GST Q1. Whether E-commerce operator (ECO) like FILPKART, AMAZON, SNAPDEAL is to be considered as agent or dealer of the manufacture / trader & provisions of section 10(1)(b) of IGST Act, 2017 as applicable to Bill to – Ship to transactions shall apply? Ans. Sec. 2(45) of CGST Act, defines the term electronic commerce operator as any person

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or. From the above, it may construed that the ECO shall not be agent for the purpose GST. ECO is an independent service provider and earning commission for the services rendered by it and its primary responsibility is collect TCS @ 2% on the net value of taxable supplies made through it by other suppliers where the consideration with respect to such supplies is to be collected by the operator. From the above discussion, it is amply clear that the ECO is not working in the capacity of agent or otherwise. It is only providing the online market place services and earning subscription fees or commission on the sale value from the listed sellers. So the provisions of section 10(1)(b) of IGST Act, i.e. bill to – ship to provisions are not applicable to ECO. Q2. In above situation, how to determine place of supply in goods are sold by a manufacture / trader through E-commerce operator (ECO) & how to report these supply in monthly GSTR-1? Ans. In continuation with answer to Q1, the subject

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High sea sales

Goods and Services Tax – Started By: – THYAGARAJAN KALYANASUNDARAM – Dated:- 7-9-2017 Last Replied Date:- 8-9-2017 – Dear expert,Could you explain where do we show the high sea sales transaction. Since we will charge any tax on the transaction.Thanks in advance. – Reply By THYAGARAJAN KALYANASUNDARAM – The Reply = Dear expert,Typing error. We will not come harge any tax on high sea sales. – Reply By Rajagopalan Ranganathan – The Reply = Sir, High seas sales will also be treated as import and he

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Export sale date for GSTR 1

Goods and Services Tax – Started By: – ICAT Natrip – Dated:- 7-9-2017 Last Replied Date:- 9-9-2017 – Q1 : what is the date is taken for export under GST regime. Invoice date / Shipping bill date / Bill of Lading (or) Airway Bill date? for example invoice date : 10.07.2017 , shipping billdate : 18.08.2017, bill of lading (or) Airway bill date 24.08.2017 which one is correct ? why ? Q2 : what is the correct conversion rate? which INR value was taken for Export ? Shipping bill value (or) bank real

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Implementation of GST in Customs- Changes in Shipping Bill Declaration

Customs – Public Notice No: 17/2017 – Dated:- 7-9-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS (AIR CARGO) NEW CUSTOM HOUSE, MEENAMBAKKAM, CHENNAI – 600027 F. No. S.Misc.286/2017-DBK Date: 07.09.2017 Public Notice No: 17/2017 sub : Reg. The Ministry vide Notification: No. 131/2016-dus – (N.T.) dated 31.10.2016 as amended .by Notification dated 29.06.2017.has prescribed the procedure for processing drawback claims vide Board's Circular No. 32/2017 dated 27.07.2017. 2. The: Government has amended Note and. Condition 12A of Notification 131/2016-Cus (N.T.) dated 31.10.2016, by Notification 73/2017-Cus (N. T.) dated 26.07.2017 and dispensed with the requirement of th

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12A shall be applicable w.e.f 1.07.2017 itself, Thus, exports which have been made from 01.07.2017 onwards shall be governed by the revised Note and Condition 12A. For ail- exports made w.e.f 01.07.2017 for which higher rate of drawback is claimed, Exporter has to submit the Self-declaration in the format attached. This format is also being suitably included in the EDI Shipping Bill 'h respect of exports that. have all been made, exporters r6ay submit a single declaration regarding: the port products covered in East shipping bills' for which let export order has been given from 01.07.2017 onwards. This shall be irrespective of any certificate or declaration, if any, given earlier. 4. In respect of the cases where. export goods had b

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The Arunachal Pradesh Goods and Services Tax (Second Amendment) Rules, 2017.

GST – States – 24/2017-State Tax – Dated:- 7-9-2017 – GOVERNMENT OF ARUNACHAL PRADESH DEPARTMENT OF TAX & EXCISE ITANAGAR Notification No. 24/2017-State Tax The 7th September, 2017 No. GST/24/2017.- In exercise of the powers conferred by section 164 of the Arunachal Pradesh Goods and Services Tax Act, 2017 (7 of 2017), the State Government hereby makes the following rules further to amend the Arunachal Pradesh Goods and Services Tax Rules,2017, namely :- (1) These rules may be called the Arunachal Pradesh Goods and Services Tax (Second Amendment) Rules, 2017. (2) Save as otherwise provided, in these rules, they shall come in to force on the date as the Central Government may, by notification in the Official Gazette, appoint. 2. In the Arunachal Pradesh Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the principal rules), – (i) for rule 138, the following shall be substituted, namely :- 138. Information to be furnished prior to commencement of mov

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e information relating to the transporter in Part B of FORM GST EWB-01 on the common portal and the e-way bill shall be generated by the transporter on the said portal on the basis of the information furnished by the registered person in Part A of FORM GST EWB-01 : Provided that the registered person or, as the case may be, the transporter may, at his option, generate and carry the e-way bill even if the value of the consignment is less than fifty thousand rupees : Provided further that where the movement is caused by an unregistered person either in his own conveyance or a hired one or through a transporter, he or the transporter may, at their option, generate the e-way bill in FORM GST EWB-01 on the common portal in the manner specified in this rule : Provided also that where the goods are transported for a distance of less than ten kilometres within the State or Union territory from the place of business of the consignor to the place of business of the transporter for further transp

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

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bill cannot be cancelled if it has been verified in transit in accordance with the provisions of rule 138B. (10) An e-way bill or a consolidated e-way bill generated under this rule shall be valid for the period as mentioned in column (3) of the Table below from the relevant date, for the distance the goods have to be transported, as mentioned in column (2) of the said Table : Table Sl. No. Distance Validity period 1 2 3 1. Upto 100 km One day 2. For every 100 km or part thereof thereafter One additional day Provided that the Commissioner may, by notification, extend the validity period of e-way bill for certain categories of goods as may be specified therein : Provided further that where, under circumstances of an exceptional nature, the goods cannot be transported within the validity period of the e-way bill, the transporter may generate another e-way bill after updating the details in Part B of FORM GST EWB-01. Explanation.-For the purposes of this rule, the relevant date shall mea

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

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an frozen and put up in unit container] 16. 0209 Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, salted, in brine, dried or smoked [other than put up in unit containers] 17. 0210 Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal, other than put up in unit containers 18. 3 Fish seeds, prawn / shrimp seeds whether or not processed, cured or in frozen state [other than goods falling under Chapter 3 and attracting 2.5%] 19. 0301 Live fish. 20. 0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304. 21. 0304 Fish fillets and other fish meat (whether or not minced), fresh or chilled. 22. 0306 Crustaceans, whether in shell or not, live, fresh or chilled; crustaceans, in shell, cooked by steaming or by boiling in water live, fresh or chilled. 23. 0307 Molluscs, whether in shell or not, live, fresh, chilled; aquatic invertebrates other than crustaceans and molluscs, live

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semen. 34. 6 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage. 35. 0701 Potatoes, fresh or chilled. 36. 0702 Tomatoes, fresh or chilled. 37. 0703 Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled. 38. 0704 Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled. 39. 0705 Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled. 40. 0706 Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled. 41. 0707 Cucumbers and gherkins, fresh or chilled. 42. 0708 Leguminous vegetables, shelled or unshelled, fresh or chilled. 43. 0709 Other vegetables, fresh or chilled. 44. 0712 Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared. 45. 0713 Dried leguminous vegetables, shelled, whether or not skinned or split. 46. 0714 Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and

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erries, peaches (including nectarines), plums and sloes, fresh. 57. 0810 Other fruit such as strawberries, raspberries, blackberries, mulberries and loganberries, black, white or red currants and gooseberries, cranberries, bilberries and other fruits of the genus vaccinium, Kiwi fruit, Durians, Persimmons, Pomegranates, Tamarind, Sapota (chico), Custard-apple (ata), Bore, Lichi, fresh. 58. 0814 Peel of citrus fruit or melons (including watermelons), fresh. 59. 9 All goods of seed quality. 60. 0901 Coffee beans, not roasted. 61. 0902 Unprocessed green leaves of tea. 62. 0909 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries [of seed quality] 63. 0910 1110 Fresh ginger, other than in processed form. 64. 0910 30 10 Fresh turmeric, other than in processed form. 65. 1001 Wheat and meslin [other than those put up in unit container and bearing a registered brand name] 66. 1002 Rye [other than those put up in unit container and bearing a registered brand name] 67. 10

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n unit container and bearing a registered brand name]. 76. 1104 Cereal grains hulled. 77. 1105 Flour, of potatoes [other than those put up in unit container and bearing a registered brand name]. 78. 1106 Flour, of the dried leguminous vegetables of heading 0713 (pulses) [other than guar meal 1106 10 10 and guar gum refined split 1106 10 90], of sago or of roots or tubers of heading 0714 or of the products of Chapter 8 i.e. of tamarind, of singoda, mango flour, etc. [other than those put up in unit container and bearing a registered brand name]. 79. 12 All goods of seed quality. 80. 1201 Soya beans, whether or not broken, of seed quality. 81. 1202 Ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken, of seed quality. 82. 1204 Linseed, whether or not broken, of seed quality. 83. 1205 Rape or colza seeds, whether or not broken, of seed quality. 84. 1206 Sunflower seeds, whether or not broken, of seed quality. 85. 1207 Other oil seeds and oleaginous fruits (i.e. P

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ggery (gur) and Palmyra Jaggery. 95. 1904 Puffed rice, commonly known as Muri, flattened or beaten rice, commonly known as Chira, parched rice, commonly known as khoi, parched paddy or rice coated with sugar or gur, commonly known as Murki. 96. 1905 Pappad. 97. 1905 Bread (branded or otherwise), except pizza bread. 98. 2201 Water [other than aerated, mineral, purified, distilled, medicinal, ionic, battery, de-mineralized and water sold in sealed container]. 99. 2201 Non-alcoholic Toddy, Neera including date and palm neera. 100. 2202 90 90 Tender coconut water other than put up in unit container and bearing a registered brand name. 101. 2302, 2304, 2305, 2306, 2308, 2309 Aquatic feed including shrimp feed and prawn feed, poultry feed and cattle feed, including grass, hay and straw, supplement andhusk of pulses, concentrates andadditives, wheat bran and de-oiled cake 102. 2501 Salt, all types. 103. 2835 Dicalcium phosphate (DCP) of animal feed grade conforming to IS specification No.5470

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g advertising material. 119. 4903 Children s picture, drawing or colouring books. 120. 4905 Maps and hydrographic or similar charts of all kinds, including atlases, wall maps, topographical plans and globes, printed. 121. 5001 Silkworm laying, cocoon. 122. 5002 Raw silk. 123. 5003 Silk waste. 124. 5101 Wool, not carded or combed. 125. 5102 Fine or coarse animal hair, not carded or combed. 126. 5103 Waste of wool or of fine or coarse animal hair. 127. 52 Gandhi Topi. 128. 52 Khadi yarn. 129. 5303 Jute fibres, raw or processed but not spun. 130. 5305 Coconut, coir fibre. 131. 63 Indian National Flag. 132. 6703 Human hair, dressed, thinned, bleached or otherwise worked. 133. 6912 00 40 Earthen pot and clay lamps. 134. 7018 Glass bangles (except those made from precious metals). 135. 8201 Agricultural implements manually operated or animal driven i.e. Hand tools, such as spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruner

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r supply to household and non domestic exempted category (NDEC) customers. 148. Kerosene oil sold under PDS. 149. Postal baggage transported by Department of Posts. 150. Natural or cultured pearls and precious or semi-precious stones; precious metals and metals clad with precious metal (Chapter 71). 151. Jewellery, goldsmiths and silversmiths wares and other articles (Chapter 71). 152. Currency. 153. Used personal and household effects. 154. Coral, unworked (0508) and worked coral (9601) ; (ii) in the principal rules, after rule 138, the following shall be inserted, namely :- 138A. Documents and devices to be carried by a person-in-charge of a conveyance.- (1) The person in charge of a conveyance shall carry- (a) the invoice or bill of supply or delivery challan, as the case may be; and (b) a copy of the e-way bill or the e-way bill number, either physically or mapped to a Radio Frequency Identification Device embedded on to the conveyance in such manner as may be notified by the Commi

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ire the person-in-charge of the conveyance to carry the following documents instead of the e-way bill- (a) tax invoice or bill of supply or bill of entry ; or (b) a delivery challan, where the goods are transported for reasons other than by way of supply. 138B. Verification of documents and conveyances.- (1) The Commissioner or an officer empowered by him in this behalf may authorise the proper officer to intercept any conveyance to verify the e-way bill or the e-way bill number in physical form for all inter-State and intra-State movement of goods. (2) The Commissioner shall get Radio Frequency Identification Device readers installed at places where the verification of movement of goods is required to be carried out and verification of movement of vehicles shall be done through such device readers where the e-way bill has been mapped with the said device. (3) The physical verification of conveyances shall be carried out by the proper officer as authorised by the Commissioner or an off

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information regarding detention of vehicle.-Where a vehicle has been intercepted and detained for a period exceeding thirty minutes, the transporter may upload the said information in FORM GST EWB-04 on the common portal. PART – A A.1 GSTIN of Recipient A.2 Place of Delivery A.3 Invoice or Challan Number A.4 Invoice or Challan Date A.5 Value of Goods A.6 HSN Code A.7 Reason for Transportation A.8 Transport Document Number PART – B B. Vehicle Number Notes : 1. HSN Code in column A.6 shall be indicated at minimum two digit level for taxpayers having annual turnover upto five crore rupees in the preceding financial year and at four digit level for taxpayers having annual turnover above five crore rupees in the preceding financial year. 2. Transport Document number indicates Goods Receipt Number or Railway Receipt Number or Airway Bill Number or Bill of Lading Number. 3. Place of Delivery shall indicate the PIN Code of place of delivery. 4. Reason for Transportation shall be chosen from o

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t of detention E-Way Bill Number Approximate Location of detention Period of detention Name of Officer in-charge (if known) Date Time FORM GST INV – 1 (See rule 138A) Generation of Invoice Reference Number IRN : Date : Details of Supplier GSTIN Legal Name Trade name, if any Address Serial No. of Invoice Date of Invoice Details of Recipient (Billed to) Details of Consignee (Shipped to) GSTIN or UIN, if available Name Address State (name and code) Type of supply – B to B supply B to C supply Attracts Reverse Charge Attracts TCS GSTIN of operator Attracts TDS GSTIN of TDS Authority Supplies made to SEZ Deemed export Sl.No. Description of Goods HSN Qty. Unit Price (per unit) Total value Discount, if any Taxable value Central tax State or UT tax Integrated tax Cess Rate Amt. Rate Amt. Rate Amt Rate Amt Freight Insurance Packing and Forwarding Charges etc. Total Total Invoice Value (In figure) Total Invoice Value (In Words) Signature Name of the Signatory Designation or Status ; (iii) in the

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il Address Telephone STD Mobile Number Fax STD (c) Nature of premises Own Leased Rented Consent Shared Others (specify) 6. Details of additional place of business – Add for additional place(s) of business, if any(Fill up the same information as in item 5 [(a), (b), and (c)] 7. Consent I on behalf of the holder of Aadhaar number give consent to Goods and Services Tax Network to obtain my details from UIDAI for the purpose of authentication. Goods and Services Tax Network has informed me that identity information would only be used for validating identity of the Aadhaar holder and will be shared with Central Identities Data Repository only for the purpose of authentication. 8. List of documents uploaded (Identity and address proof) 9. Verification I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been conceal

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

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tax credit availed in the valid return filed for the said tax period. Signature. Name – Designation/Status SELF – DECLARATION [rule 89 (2) (l)] I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Applicant) having GSTIN/ temporary Id . . . ., solemnly affirm and certify that in respect of the refund amounting to Rs./with respect . . . . . . . . . .to the tax, interest, or any other amount for the period from to , claimed in the . . . . . . . . . . . . . . .refund application, the incidence of such tax and interest has not been passed on to any other person. Signature Name – Designation/Status (This Declaration is not required to be furnished by applicants, who are claiming refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54.) 10. Verification I/We hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my/our knowledge an

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

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ated tax Central tax State/UT tax Cess 1 2 3 4 5 6 7 Annexure – 2 Certificate [rule 89 (2) (m)] This is to certify that in respect of the refund amounting to Rs.<<>> . . . . . . . . . . . . . . . . . . (in words) claimed by M/s. . . . . . . . . . . . (Applicant s Name) GSTIN/ Temporary ID . . . . . . . . . . . . . . . . . for the tax period < . . . . . . . . . . . >, the incidence of tax and interest, has not been passed on to any other person. This certificate is based on the examination of the books of account and other relevant records and returns particulars maintained/ furnished by the applicant. Signature of the Chartered Accountant/ Cost Accountant : Name : Membership Number : Place : Date : Note – This Certificate is not required to be furnished by the applicant, claiming refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54 of the Act. Instructions – 1. Terms used : (a) B to C: From registered person

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s wherever required. 8. Net input tax credit means input tax credit availed on inputs during the relevant period for the purpose of Statement-1 and will include ITC on input services also for the purpose of Statement-3A and 5A. 9. Adjusted total turnover means the turnover in a State or a Union territory, as defined under clause (112) of section 2 excluding the value of exempt supplies other than zero-rated supplies, during the relevant period. 10. For the purpose of Statement-1, refund claim will be based on supplies reported in GSTR-1 and GSTR-2. 11. BRC or FIRC details will be mandatory where refund is claimed against export of services details of shipping bill and EGM will be mandatory to be provided in case of export of goods. 12. Where the invoice details are amended (including export), refund shall be allowed as per the calculation based on amended value. 13. Details of export made without payment of tax shall be reported in Statement-3. 14. Availability of refund to be claimed

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Goods & Services Tax is not prescribed on supply of liquor for human consumption, crude oil, petrol, diesel, air turbine fuel and natural gas.

GST – States – 22/CTD/2017 – Dated:- 7-9-2017 – GOVERNMENT OF SIKKIM COMMERCIAL TAX DIVISION FINANCE, REVENUE & EXPENDITURE DEPARTMENT GANGTOK- 737101, SIKKIM No. 22/CTD/2017 Date 07.09.2017 NOTIFICATION The levy of Goods & Services Tax is not prescribed on supply of liquor for human consumption, crude oil, petrol, diesel, air turbine fuel and natural gas. As such, interstate purchase of these items will continue to need declaration Form C . In exercise of the powers conferred under sec

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

GST – States – Va Kar/GST/07/2017-S.O. No. 074 – Dated:- 7-9-2017 – COMMERCIAL TAXES DEPARTMENT NOTIFICATION 7th September, 2017 S.O. No. 74 Dated. 7th September, 2017- In exercise of the powers conferred by section 164 of the Jharkhand Goods and Services Tax Act, 2017 (12 of 2017), the State Government hereby makes the following rules further to amend the Jharkhand Goods and Services Tax Rules, 2017, namely:- (1) These rules may be called the Jharkhand Goods and Services Tax (Sixth Amendment) Rules, 2017. (2) This notification shall be deemed to be effective from 30th August, 2017. 2. In the Jharkhand Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the principal rules), – (i) In the said rules, in rule 117, the words of eligible duties and taxes as defined in Explanation 2 to section 140 shall be omitted. (ii) In the said rules, in rule 119, in the heading after job worker the words or principal and agent shall be inserted. (iii) In the said rules,

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Tax Rules, 2017. ; (vi) In the said rules, for rule 125, the following rule shall be substituted, namely:- 125. Secretary to the Authority.- The Secretary to the Authority shall be in accordance with the provisions of rule 125 of the Central Goods and Services Tax Rules, 2017. (vii) In the said rules, for rule 126, the following rule shall be substituted, namely:- 126. Power to determine the methodology and procedure.- The power to determine the methodology and procedure of the Authority shall be in accordance with the provisions of rule 126 of the Central Goods and Services Tax Rules, 2017. ; (viii) In the said rules, for rule 137, the following rule shall be substituted, namely:- 137. Tenure of Authority.- The tenure of the Authority shall be in accordance with the provisions of rule 137 of the Central Goods and Services Tax Rules, 2017. (ix) In the said rules, for rule 138, the following shall be substituted, namely:- 138. Information to be furnished prior to commencement of moveme

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rmation relating to the transporter in Part B of FORM GST EWB-01 on the common portal and the e-way bill shall be generated by the transporter on the said portal on the basis of the information furnished by the registered person in Part A of FORM GST EWB-01: Provided that the registered person or, as the case may be, the transporter may, at his option, generate and carry the e-way bill even if the value of the consignment is less than fifty thousand rupees: Provided further that where the movement is caused by an unregistered person either in his own conveyance or a hired one or through a transporter, he or the transporter may, at their option, generate the e-way bill in FORM GST EWB-01 on the common portal in the manner specified in this rule: Provided also that where the goods are transported for a distance of less than ten kilometres within the State or Union territory from the place of business of the consignor to the place of business of the transporter for further transportation,

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

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be cancelled if it has been verified in transit in accordance with the provisions of rule 138B. (10) An e-way bill or a consolidated e-way bill generated under this rule shall be valid for the period as mentioned in column (3) of the Table below from the relevant date, for the distance the goods have to be transported, as mentioned in column (2) of the said Table: Table Sr. No. Distance Validity period (1) (2) (3) 1. Upto 100 km One day 2. For every 100 km or part thereof thereafter One additional day Provided that the Commissioner may, by notification, extend the validity period of e-way bill for certain categories of goods as may be specified therein: Provided further that where, under circumstances of an exceptional nature, the goods cannot be transported within the validity period of the e-way bill, the transporter may generate another e-way bill after updating the details in Part B of FORM GST EWB-01. Explanation.-For the purposes of this rule, the relevant date shall mean the da

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sported are specified in Annexure; (b) where the goods are being transported by a non-motorised conveyance; (c) where the goods are being transported from the port, airport, air cargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs; and (d) in respect of movement of such goods and within such areas in a State and for values not exceeding such amount as the Commissioner of State tax, in consultation with the Chief Commissioner of Central Tax, may notify Explanation. – The facility of generation and cancellation of e-way bill may also be made available through SMS. ANNEXURE [(See rule 138 (14)] S.No. Chapter or Heading or Sub-heading or Tariff item Description of Goods (1) (2) (3) 1. 0101 Live asses, mules and hinnies 2. 0102 Live bovine animals 3. 0103 Live swine 4. 0104 Live sheep and goats 5. 0105 Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls. 6. 0106 Ot

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ered or otherwise extracted, fresh, chilled or frozen [other than frozen and put up in unit container] 16. 0209 Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, salted, in brine, dried or smoked [other than put up in unit containers] 17. 0210 Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal, other than put up in unit containers 18. 3 Fish seeds, prawn / shrimp seeds whether or not processed, cured or in frozen state [other than goods falling under Chapter 3 and attracting 2.5%] 19. 0301 Live fish. 20. 0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 21. 0304 Fish fillets and other fish meat (whether or not minced), fresh or chilled. 22. 0306 Crustaceans, whether in shell or not, live, fresh or chilled; crustaceans, in shell, cooked by steaming or by boiling in water live, fresh or chilled. 23. 0307 Molluscs, whether in shell or not, live, fresh, chilled; a

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beaks; antlers; etc. 33. 0511 Semen including frozen semen 34. 6 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage 35. 0701 Potatoes, fresh or chilled. 36. 0702 Tomatoes, fresh or chilled. 37. 0703 Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled. 38. 0704 Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled. 39. 0705 Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled. 40. 0706 Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled. 41. 0707 Cucumbers and gherkins, fresh or chilled. 42. 0708 Leguminous vegetables, shelled or unshelled, fresh or chilled. 43. 0709 Other vegetables, fresh or chilled. 44. 0712 Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared. 45. 0713 Dried leguminous vegetables, shelled,whether or not skinned or split. 46. 0714 Manioc, arrowroot, salep, Jerusale

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rs and quinces, fresh. 56. 0809 Apricots, cherries, peaches (including nectarines), plums and sloes, fresh. 57. 0810 Other fruit such as strawberries, raspberries, blackberries, mulberries and loganberries, black, white or red currants and gooseberries, cranberries, bilberries and other fruits of the genus vaccinium, Kiwi fruit, Durians, Persimmons, Pomegranates, Tamarind, Sapota (chico), Custard-apple (ata), Bore, Lichi, fresh. 58. 0814 Peel of citrus fruit or melons (including watermelons), fresh. 59. 9 All goods of seed quality 60. 0901 Coffee beans, not roasted 61. 0902 Unprocessed green leaves of tea 62. 0909 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries [of seed quality] 63. 0910 11 10 Fresh ginger, other than in processed form 64. 0910 30 10 Fresh turmeric, other than in processed form 65. 1001 Wheat and meslin [other than those put up in unit container and bearing a registered brand name] 66. 1002 Rye [other than those put up in unit container and

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l and pellets [other than those put up in unit container and bearing a registered brand name] 76. 1104 Cereal grains hulled 77. 1105 Flour, of potatoes [other than those put up in unit container and bearing a registered brand name] 78. 1106 Flour, of the dried leguminous vegetables of heading 0713 (pulses) [other than guar meal 1106 10 10 and guar gum refined split 1106 10 90], of sago or of roots or tubers of heading 0714 or of the products of Chapter 8 i.e. of tamarind, of singoda, mango flour, etc. [other than those put up in unit container and bearing a registered brand name] 79. 12 All goods of seed quality 80. 1201 Soya beans, whether or not broken, of seed quality. 81. 1202 Ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken, of seed quality. 82. 1204 Linseed, whether or not broken, of seed quality. 83. 1205 Rape or colza seeds, whether or not broken, of seed quality. 84. 1206 Sunflower seeds, whether or not broken, of seed quality. 85. 1207 Other oil

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y of all types including Cane Jaggery (gur) and Palmyra Jaggery 95. 1904 Puffed rice, commonly known as Muri, flattened or beaten rice, commonly known as Chira, parched rice, commonly known as khoi, parched paddy or rice coated with sugar or gur, commonly known as Murki 96. 1905 Pappad 97. 1905 Bread (branded or otherwise), except pizza bread 98. 2201 Water [other than aerated, mineral, purified, distilled, medicinal, ionic, battery, de-mineralized and water sold in sealed container] 99. 2201 Non-alcoholic Toddy, Neera including date and palm neera 100. 2202 90 90 Tender coconut water other than put up in unit container and bearing a registered brand name 101. 2302, 2304, 2305, 2306, 2308, 2309 Aquatic feed including shrimp feed and prawn feed, poultry feed and cattle feed, including grass, hay and straw, supplement andhusk of pulses, concentrates andadditives, wheat bran and de-oiled cake 102. 2501 Salt, all types 103. 2835 Dicalcium phosphate (DCP) of animal feed grade conforming to

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containing advertising material 119. 4903 Children's picture, drawing or colouring books 120. 4905 Maps and hydrographic or similar charts of all kinds, including atlases, wall maps, topographical plans and globes, printed 121. 5001 Silkworm laying, cocoon 122. 5002 Raw silk 123. 5003 Silk waste 124. 5101 Wool, not carded or combed 125. 5102 Fine or coarse animal hair, not carded or combed 126. 5103 Waste of wool or of fine or coarse animal hair 127. 52 Gandhi Topi 128. 52 Khadi yarn 129. 5303 Jute fibres, raw or processed but not spun 130. 5305 Coconut, coir fibre 131. 63 Indian National Flag 132. 6703 Human hair, dressed, thinned, bleached or otherwise worked 133. 6912 00 40 Earthen pot and clay lamps 134. 7018 Glass bangles (except those made from precious metals) 135. 8201 Agricultural implements manually operated or animal driven i.e. Hand tools, such as spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of

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n domestic exempted category (NDEC) customers 148. Kerosene oil sold under PDS 149. Postal baggage transported by Department of Posts 150. Natural or cultured pearls and precious or semi-precious stones; precious metals and metals clad with precious metal (Chapter 71) 151. Jewellery, goldsmiths and silversmiths wares and other articles (Chapter 71) 152. Currency 153. Used personal and household effects 154. Coral, unworked (0508) and worked coral (9601) (x) in the principal rules, after rule 138, the following shall be inserted, namely:- 138A.Documents and devices to be carried by a person-in-charge of a conveyance.- (1) The person in charge of a conveyance shall carry- (a) the invoice or bill of supply or delivery challan, as the case may be; and (b) a copy of the e-way bill or the e-way bill number, either physically or mapped to a Radio Frequency Identification Device embedded on to the conveyance in such manner as may be notified by the Commissioner. (2) A registered person may obt

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ce to carry the following documents instead of the e-way bill- (a) tax invoice or bill of supply or bill of entry; or (b) a delivery challan, where the goods are transported for reasons other than by way of supply. 138B. Verification of documents and conveyances.- (1) The Commissioner or an officer empowered by him in this behalf may authorise the proper officer to intercept any conveyance to verify the e-way bill or the e-way bill number in physical form for all inter-State and intra-State movement of goods. (2) The Commissioner shall get Radio Frequency Identification Device readers installed at places where the verification of movement of goods is required to be carried out and verification of movement of vehicles shall be done through such device readers where the e-way bill has been mapped with the said device. (3) The physical verification of conveyances shall be carried out by the proper officer as authorised by the Commissioner or an officer empowered by him in this behalf: Pro

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e.-Where a vehicle has been intercepted and detained for a period exceeding thirty minutes, the transporter may upload the said information in FORM GST EWB-04 on the common portal.; FORM GST EWB-01 (See Rule 138) E-Way Bill PART-A A.1 GSTIN of Recipient A.2 Place of Delivery A.3 Invoice or Challan Number A.4 Invoice or Challan Date A.5 Value of Goods A.6 HSN Code A.7 Reason for Transportation A.8 Transport Document Number PART-B B. Vehicle Number Notes: 1. HSN Code in column A.6 shall be indicated at minimum two digit level for taxpayers having annual turnover upto five crore rupees in the preceding financial year and at four digit level for taxpayers having annual turnover above five crore rupees in the preceding financial year. 2. Transport Document number indicates Goods Receipt Number or Railway Receipt Number or Airway Bill Number or Bill of Lading Number. 3. Place of Delivery shall indicate the PIN Code of place of delivery. 4. Reason for Transportation shall be chosen from one o

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ill Number Approximate Location of detention Period of detention Name of Officer in-charge (if known) Date Time FORM GST INV – 1 (See rule 138A) Generation of Invoice Reference Number IRN: Date: Details of Supplier GSTIN Legal Name Trade name, if any Address Serial No. of Invoice Date of Invoice Details of Recipient (Billed to) Details of Consignee (Shipped to) GSTIN or UIN, if available Name Address State (name and code) Type of supply – B to B supply B to C supply Attracts Reverse Charge Attracts TCS GSTIN of operator Attracts TDS GSTIN of TDS Authority Export Supplies made to SEZ Deemed export Sr.No. Description of Goods HSN Qty. Unit Price (per unit) Total value Discount, if any Taxable value Central tax State or UT tax Integrated tax Cess Rate Amt. Rate Amt. Rate Amt. Rate Amt. Freight Insurance Packing and Forwarding Charges etc. Total Total Invoice Value (In figure) Total Invoice Value (In Words) Signature Name of the Signatory Designation or Status . (iii) in the principal rule

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Mobile Number Fax STD (c) Nature of premises Own Leased Rented Consent Shared Others (specify) 6. Details of additional place of business – Add for additional place(s) of business, if any(Fill up the same information as in item 5 [(a), (b), and (c)] 7. Consent I on behalf of the holder of Aadhaar number give consent to Goods and Services Tax Network to obtain my details from UIDAI for the purpose of authentication. Goods and Services Tax Network has informed me that identity information would only be used for validating identity of the Aadhaar holder and will be shared with Central Identities Data Repository only for the purpose of authentication. 8. 8. List of documents uploaded (Identity and address proof) 9. Verification I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom. Place: D

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ted ITC) (d) On account of order Sr. No. Type of order Order no. Order date Order Issuing Authority Payment reference no., if any (i) Assessment (ii) Provisional assessment (iii) Appeal (iv) Any other order (specify) (e) ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)] (f) On account of supplies made to SEZ unit/ SEZ developer (with payment of tax) (g) On account of supplies made to SEZ unit/ SEZ developer (without payment of tax) (h) Recipient of deemed export (i) Tax paid on a supply which is not provided, either wholly or partially, and for which invoice has not been issued (tax paid on advance payment) (j) Tax paid on an intra-State supply which is subsequently held to be inter-State supply and vice versa(change of POS) (k) Excess payment of tax, if any (l) Any other (specify) 8. Details of Bank account Name of bank Address of branch IFSC Type of account Account No. 9. Whether Self-Declaration filed by Applicant u/s 54(4), if applicable

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ose invoices which have been reported in statement of inward supplies filed in Form GSTR-2 for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. Signature Name – Designation / Status SELF- DECLARATION [rule 89(2)(l)] I ____________________ (Applicant) having GSTIN/ temporary Id -, solemnly affirm and certify that in respect of the refund amounting to Rs. / with respect to the tax, interest, or any other amount for the period fromto, claimed in the refund application, the incidence of such tax and interest has not been passed on to any other person. Signature Name – Designation / Status (This Declaration is not required to be furnished by applicants, who are claiming refund under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54.) 10. Verification I/We hereby solemnly affirm and declare that the inform

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

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ch were held inter State / intra-State supply subsequently Invoice details Integrated tax Central tax State/UT tax Cess Place of Supply Integrated tax Central tax State/UT tax Cess Place of Supply No. Date Value Taxable Value 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Statement-7 [rule 89(2)(k)] Refund Type: Excess payment of tax, if any in case of last return filed. (Amount in Rs.) Tax period ARN of return Date of filing return Tax Payable Integrated tax Central tax State/UT tax Cess 1 2 3 4 5 6 7 Annexure-2 Certificate [rule 89(2)(m)] This is to certify that in respect of the refund amounting to Rs.<<>> – (in words) claimed by M/s (Applicant s Name) GSTIN/ Temporary ID-for the tax period < >, the incidence of tax and interest, has not been passed on to any other person. This certificate is based on the examination of the books of account and other relevant records and returns particulars maintained/ furnished by the applicant. Signature of the Chartered Accountant/ Cost Ac

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h payment of IGST shall not be processed through this application. 6. Bank account details should be as per registration data. Any change in bank details shall first be amended in registration particulars before quoting in the application. 7. Declaration shall be filed in cases wherever required. 8. Net input tax credit means input tax credit availed on inputs during the relevant period for the purpose of Statement-1 and will include ITC on input services also for the purpose of Statement-3A and 5A. 9. Adjusted total turnover means the turnover in a State or a Union territory, as defined under clause (112) of section 2 excluding the value of exempt supplies other than zero-rated supplies, during the relevant period. 10. For the purpose of Statement-1, refund claim will be based on supplies reported in GSTR-1 and GSTR-2. 11. BRC or FIRC details will be mandatory where refund is claimed against export of services details of shipping bill and EGM will be mandatory to be provided in case o

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Notification form Waiving penalty the all registered persons who failed to furnish the return in FORM GSTR-3B.

GST – States – S.O. 145. – Dated:- 7-9-2017 – BIHAR GOVERNMENT COMMERCIAL TAX DEPARTMENT The 7th September 2017 S.O. 145 dated 7th September 2017- In exercise of the powers conferred by section 128 of the Bihar Goods and Services Tax Act, 2017 (Bihar Act 12 of 2017), the Governor of Bihar, on the recommendations of the G.S.T. Council, hereby waives the late fee payable under section 47 of the said Act, for all registered persons who failed to furnish the return in FORM GSTR-3B for the month of

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THE UTTAR PRADESH GOODS AND SERVICES TAX (THIRD AMENDMENT) RULES, 2017

GST – States – KA.NI.-2-1278/XI-9(42)/17 – Dated:- 7-9-2017 – Uttar Pradesh Shasan Sansthagat Vitta, Kar Evam Nibandhan Anubhag-2 NOTIFICATION No. KA.NI.-2-1278/XI-9(42)/17-U.P. GST Rules-2017-Order-(44)-2017 Lucknow: Dated: September 7, 2017. In exercise of the powers conferred by section 164 of the Uttar Pradesh Goods and Services Tax Act, 2017 (U.P. Act no. I of 2017) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. 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, namely THE UTTAR PRADESH GOODS AND SERVICES TAX (THIRD AMENDMENT) RULES, 2017 Short title and Commencement 1. (1) These rules may be called the Uttar Pradesh Goods and Services Tax (Third Amendment) Rules, 2017. (2) Save as otherwise provided, they shall be deemed to have come into force on 17th August 2017. Amendment of rule 3 2. In the Uttar Pradesh Goods and Services Tax Rules, 2017, hereinafter

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rate of exchanges notified by the Board under section 14 of the Customs Act, 1962 for the date of time of supply of such goods in terms of section 12 of the Act. (2) The rate of exchange for determination of value of taxable services shall be the applicable rate of exchange determined as per the generally accepted accounting principles for the date of time of supply of such services in terms of section 13 of the Act. . Amendment of rule 40 6. In the said rules, in rule 40, in sub-rule (1), for clause (b), the following clause shall be substituted and be deemed to have been substituted with effect from the 1st day of July, 2017, namely:- (b) the registered person shall within a period of thirty days from the date of becoming eligible to avail the input tax credit under sub-section (1) of section 18, or within such further period as may be extended by the Commissioner by a notification in this behalf, shall make a declaration, electronically, on the common portal in FORM GST ITC-01 to t

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es, in rule 61, for sub-rule (5), the following sub-rules shall be substituted and be deemed to have been substituted with effect from 1st July, 2017, namely:- (5) Where the time limit for furnishing of details in FORM GSTR-1 under section 37 and in FORM GSTR-2 under section 38 has been extended and the circumstances so warrant, the Commissioner may, by notification, specify the manner and conditions subject to which the return shall be furnished in FORM GSTR-3B electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner. (6) Where a return in FORM GSTR-3B has been furnished, after the due date for furnishing of details in FORM GSTR-2- (a) Part A of the return in FORM GSTR-3 shall be electronically generated on the basis of information furnished through FORM GSTR-1, FORM GSTR-2 and based on other liabilities of preceding tax periods and PART B of the said return shall be electronically generated on the basis of the return in F

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that a person supplying online information and database access or retrieval services from a place outside India to a non-taxable online recipient referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) may also do so through the Board's payment system namely, Electronic Accounting System in Excise and Service Tax from the date to be notified by the Board. , (b) in sub-rule (3), for the second proviso, the following proviso shall be substituted, namely:- Provided further that a person supplying online information and database access or retrieval services from a place outside India to a non-taxable online recipient referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) may also make the deposit under sub-rule (2) through international money transfer through Society for Worldwide Interbank Financial Telecommunication payment network, from the date to be notified by the Board. Amendment of rule 89 11. In the said rul

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ect from 22nd June, 2017, namely:- [FORM GST REG-13 [See Rule 17] Application/Form for grant of Unique Identity Number (UIN) to UN Bodies/ Embassies /others State /UT – District – PART A (i) Name of the Entity (ii) Permanent Account Number (PAN) of entity (Not applicable for entities specified in clause (a) of sub-section (9) of section 25 of the Act) (iii) Name of the Authorised Signatory (iv) PAN of Authorised Signatory (Not applicable for entities specified in clause (a) of sub-section (9) of section 25 of the Act) (v) Email Address of the Authorised Signatory (vi) Mobile Number of the Authorised Signatory (+91) PART B 1. Type of Entity (Choose one) UN Body __ Embassy____ Other Person __ 2. Country 2A. Ministry of External Affairs, Government of India‟ Recommendation (if applicable) Letter No. Date 3. Notification details Notification No. Date 4. Address of the entity in State Building No./Flat No. Floor No. Name of the Premises/Building Road/Street City/Town/Village District

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ssession of the documentary evidence shall upload the scanned copy of such documents including the copy of resolution / power of attorney, authorizing the applicant to represent the entity. Or The proper officer who has collected the documentary evidence from the applicant shall upload the scanned copy of such documents including the copy of resolution / power of attorney, authorizing the applicant to represent the UN Body / Embassy etc. in India and link it along with the UIN generated and allotted to respective UN Body/ Embassy etc. 11. Verification I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom. Place: (Signature) Date: Name of Authorized Person: Or (Signature) Name of Proper Officer: Designation: Jurisdiction: Place: Date: Instructions for submission of application for registration for UN Bodies/ Embassies/others notified by the Government. Every person

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Waiver of late fee for all the Registered persons who have not filed GSTR-3B within due date for the month of July 2017.

GST – States – 26/2017-State Tax – Dated:- 7-9-2017 – FINANCE DEPARTMENT Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya Mumbai 400 032, dated the 7th September 2017. NOTIFICATION Notification No.-26/2017-State Tax No. MGST-1017/C. R. 150/Taxation-1.-In exercise of the powers conferred by section 128 of the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017) (hereinafter referred to as the said Act ), the Government of Maharashtra, on the recommendations of the Council, hereby

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The Madhya Pradesh Goods and Services Tax (Amendment) Rules, 2017

GST – States – FA-3-57/2017-1-V-(100) – Dated:- 7-9-2017 – Commercial Tax Department Mantralaya, Vallabh Bhwan, Bhopal No. FA 3-57-2017-1-V-(100).- Bhopal, the 7th September 2017 In exercise of the powers conferred by section 164 of the Madhya Pradesh Goods and Services Tax Act, 2017 (No. 19 of 2017) and in supersession of this department's notification No. A-3-57/2017/1/V(97) dated 30.08.2017, the State Government, hereby makes the following rules further to amend the Madhya Pradesh Goods and Services Tax Rules, 2017, namely:- AMENDMENTS 1. The amendments made by – (i) serial no. 2, 3,4,5,6,7,8,11,12 and 13 shall be deemed to have come into force with effect from 1 .07.2017; (ii) serial no. 9,10 and 14 shall come into force from such date as the State Government may, by notification in Official Gazette, appoint. 2. Amendment in rule 119.- (i) in rule 119, – (a) in the heading after the words stocks held by a , the words principal and job-worker or shall be inserted; (b) after the

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irman and Members of the Authority shall be in accordance with the provisions of rule 124 of the Central Goods and Services Tax Rules, 2017. ; 6. Substitution of rule 125.- for rule 125, the following rule shall be substituted, namely:- 125. Secretary to the Authority.- The Secretary to the Authority shall be in accordance with the provisions of rule 125 of the Central Goods and Services Tax Rules, 2017. 7. Substitution of rule 126.- for rule 126, the following rule shall be substituted, namely:- 126. Power to determine the methodology and procedure.- The power to determine the methodology and procedure of the Authority shall be in accordance with the provisions of rule 126 of the Central Goods and Services Tax Rules, 2017. ; 8. Substitution of rule 137.- for rule 137, the following rule shall be substituted, namely:- 137. Tenure of Authority.- The tenure of the Authority shall be in accordance with the provisions of rule 137 of the Central Goods and Services Tax Rules, 2017. 9. Substi

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the e-way bill is not generated under sub-rule (2) and the goods are handed over to a transporter for transportation by road, the registered person shall furnish the information reating to the transporter in Part B of FORM GST EWB-01 on the common portal and the e-way bill shall be generated by the transporter on the said portal on the basis of the information furnished by the registered person in Part A of FORM GST EWB-01; Provided that the registered person or, as the case may be, the transporter may, at his option, generate and carry the e-way bill even if the value of the consignment is less than fifty thousand rupees: Provided further that where the movement is caused by an unregistered person either in his own conveyance or a hired one or through a transporter, he or the transporter may, at their option, generate the e-way bill in FORM GST EWB-01 on the common portal in the manner specified in this rule: Provided also that where the goods are transported for a distance of less th

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n the course of transit shall, before such transfer and further movement of goods, update the details of conveyance in the e-way bill on the common portal in FORM GST EWB-01. Provided that where the goods are transported for a distance of less than ten kilometres within the State from the place of business of the transporter finally to the place of business of the consignee, the details of conveyance may not be updated in the e-way bill. (6) After e-way bill has been generated in accordance with the provisions of sub-rule (1), where multiple consignments are intended to be transported in one conveyance, the transporter may indicate the serial number of e-way bills generated in respect of each such consignment electronically on the common portal and a consolidated e-way bill in FORM GST EWB-02 maybe generated by him on the said common portal prior to the movement of goods. (7) Where the consignor or the consignee has not generated FORM GST EWB-01 in accordance with the provisions of sub

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ation Centre notified by the Commissioner, within 24 hours of generation of the e-way bill: Provided that an e-way bill cannot be cancelled if it has been verified in transit in accordance with the provisions of rule 138B. (10) An e-way bill or a consolidated e-way bill generated under this rule shall be valid for the period as mentioned in column (3) of the Table below from the relevant date, for the distance the goods have to be transported, as mentioned in column (2) of the said table : Table Sr.No. Distance Validity period (1) (2) (3) 1. Upto 100 km One day 2. For every 100 km or part thereof thereafter One additional day Provided that the Commissioner may, by notification, extend the validity period of e-way bill for certain categories of goods as may be specified therein: Provided further that where, under circumstances of an exceptional nature, the goods cannot be transported within the validity period of e-way bill, the transporter may generate another e-way bill after updating

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ed in this rule, no e-way bill is required to be generated- (a) where the goods being transported are specified in Annexure; (b) where the goods are being transported by a non-motorised conveyance; (c) where the goods are being transported from the port, airport, aircargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs; and (d) in respect of movement of such goods and within such areas in a state and for values not exceeding such amount as the commissioner of state tax, in consultation with the Chief Commissioner Of central tax goods, may notify. Explanation. – The facility of generation and cancellation of e-way bill may also be made available through SMS. ANNEXURE [(See rule 138 (14)] Sl.No. Chapter or Heading or Sub-heading or Tariff item Description of Goods (1) (2) (3) 1. 0101 Live asses, mules and hinnies 2. 0102 Live bovine animals 3. 0103 Live swine 4. 0104 Live sheep and goats 5. 0105 Live poultry, that is t

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ozen and put up in unit container] 15. 0209 Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, fresh, chilled or frozen [other than frozen and put up in unit container] 16. 0209 Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, salted, in brine, dried or smoked [other than put up in unit containers] 17. 0210 Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal, other than put up in unit containers 18. 3 Fish seeds, prawn / shrimp seeds whether or not processed, cured or in frozen state [other than goods falling under Chapter 3 and attracting 2.5%] 19. 0301 Live fish. 20. 0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 21. 0304 Fish fillets and other fish meat (whether or not minced), fresh or chilled. 22. 0306 Crustaceans, whether in shell or not, live, fresh or chilled; crustaceans, in shell, cooked by steaming or by boiling in

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waste of these products 32. 0507 90 All goods i.e. Hoof meal; horn meal; hooves, claws, nails and beaks; antlers; etc. 33. 0511 Semen including frozen semen 34. 6 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage 35. 0701 Potatoes, fresh or chilled. 36. 0702 Tomatoes, fresh or chilled. 37. 0703 Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled. 38. 0704 Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled. 39. 0705 Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled. 40. 0706 Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled. 41. 0707 Cucumbers and gherkins, fresh or chilled. 42. 0708 Leguminous vegetables, shelled or unshelled, fresh or chilled. 43. 0709 Other vegetables, fresh or chilled. 44. 0712 Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared. 45. 0713 Dried leguminous

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, fresh 54. 0807 Melons (including watermelons) and papaws (papayas), fresh. 55. 0808 Apples, pears and quinces, fresh. 56. 0809 Apricots, cherries, peaches (including nectarines), plums and sloes, fresh. 57. 0810 Other fruit such as strawberries, raspberries, blackberries, mulberries and loganberries, black, white or red currants and gooseberries, cranberries, bilberries and other fruits of the genus vaccinium, Kiwi fruit, Durians, Persimmons, Pomegranates, Tamarind, Sapota (chico), Custard-apple (ata), Bore, Lichi, fresh. 58. 0814 Peel of citrus fruit or melons (including watermelons), fresh. 59. 9 All goods of seed quality 60. 0901 Coffee beans, not roasted 61. 0902 Unprocessed green leaves of tea 62. 0909 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries [of seed quality] 63. 0910 11 10 Fresh ginger, other than in processed form 64. 0910 30 10 Fresh turmeric, other than in processed form 65. 1001 Wheat and meslin [other than those put up in unit container

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n those put up in unit container and bearing a registered brand name] 75. 1103 Cereal groats, meal and pellets [other than those put up in unit container and bearing a registered brand name] 76. 1104 Cereal grains hulled 77. 1105 Flour, of potatoes [other than those put up in unit container and bearing a registered brand name] 78. 1106 Flour, of the dried leguminous vegetables of heading 0713 (pulses) [other than guar meal 1106 10 10 and guar gum refined split 1106 10 90], of sago or of roots or tubers of heading 0714 or of the products of Chapter 8 i.e. of tamarind, of singoda, mango flour, etc. [other than those put up in unit container and bearing a registered brand name] 79. 12 All goods of seed quality 80. 1201 Soya beans, whether or not broken, of seed quality. 81. 1202 Ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken, of seed quality. 82. 1204 Linseed, whether or not broken, of seed quality. 83. 1205 Rape or colza seeds, whether or not broken, of se

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the form of pellets. 92. 1301 Lac and Shellac 93. 1404 90 40 Betel leaves 94. 1701 or 1702 Jaggery of all types including Cane Jaggery (gur) and Palmyra Jaggery 95. 1904 Puffed rice, commonly known as Muri, flattened or beaten rice, commonly known as Chira, parched rice, commonly known as khoi, parched paddy or rice coated with sugar or gur, commonly known as Murki 96. 1905 Pappad 97. 1905 Bread (branded or otherwise), except pizza bread 98. 2201 Water [other than aerated, mineral, purified, distilled, medicinal, ionic, battery, de-mineralized and water sold in sealed container] 99. 2201 Non-alcoholic Toddy, Neera including date and palm neera 100. 2202 90 90 Tender coconut water other than put up in unit container and bearing a registered brand name 101. 2302, 2304, 2305, 2306, 2308, 2309 Aquatic feed including shrimp feed and prawn feed, poultry feed and cattle feed, including grass, hay and straw, supplement andhusk of pulses, concentrates andadditives, wheat bran and de-oiled cake

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ding Braille books 118. 4902 Newspapers, journals and periodicals, whether or not illustrated or containing advertising material 119. 4903 Children's picture, drawing or colouring books 120. 4905 Maps and hydrographic or similar charts of all kinds, including atlases, wall maps, topographical plans and globes, printed 121. 5001 Silkworm laying, cocoon 122. 5002 Raw silk 123. 5003 Silk waste 124. 5101 Wool, not carded or combed 125. 5102 Fine or coarse animal hair, not carded or combed 126. 5103 Waste of wool or of fine or coarse animal hair 127. 52 Gandhi Topi 128. 52 Khadi yarn 129. 5303 Jute fibres, raw or processed but not spun 130. 5305 Coconut, coir fibre 131. 63 Indian National Flag 132. 6703 Human hair, dressed, thinned, bleached or otherwise worked 133. 6912 00 40 Earthen pot and clay lamps 134. 7018 Glass bangles (except those made from precious metals) 135. 8201 Agricultural implements manually operated or animal driven i.e. Hand tools, such as spades, shovels, mattocks,

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(viii) Roli (ix) Kalava (Raksha sutra) (x) Chandantika 147. Liquefied petroleum gas for supply to household and non domestic exempted category (NDEC) customers 148. Kerosene oil sold under PDS 149. Postal baggage transported by Department of Posts 150. Natural or cultured pearls and precious or semi-precious stones; precious metals and metals clad with precious metal (Chapter 71) 151. Jewellery, goldsmiths and silversmiths wares and other articles (Chapter 71) 152. Currency 153. Used personal and household effects 154. Coral, unworked (0508) and worked coral (9601) 10. Insertion of new rule.- After the rule 138, so substituted and before the existing rule 139, the following new rules shall be inserted, namely:- 138A. Documents and devices to be carried by a person-in-charge of a conveyance.- (1) The person in charge of a conveyance shall carry- (a) the invoice or bill of supply or delivery challan, as the case may be; and (b) a copy of the e-way bill or the e-way bill number, either ph

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Notwithstanding anything contained clause (b) of sub-rule (1), where circumstances so warrant, the Commissioner may, by notification, require the person-in-charge of conveyance to carry the following documents instead of the e-way bill- (a) tax invoice or bill of supply or bill of entry; or (b) a delivery challan, where the goods are transported for reasons other than by way of supply. 138B.Verification of documents and conveyances.- (1) The Commissioner or an officer empowered by him in this behalf may authorise the proper officer to intercept any conveyance to verify the e-way bill or the e-way bill number in physical form for all inter-State and intra-State movement of goods. (2) The Commissioner shall get Radio Frequency Identification Device readers installed at places where the verification of movement of goods is required to be carried out and verification of movement of vehicles shall be done through such device readers where the e-way bill has been mapped with the said device

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Cannot upload/ file GST TR1 form due 'System Failure' message on GST Portal

Cannot upload/ file GST TR1 form due System Failure message on GST Portal – Goods and Services Tax – Started By: – moiz lokhandwala – Dated:- 6-9-2017 Last Replied Date:- 7-9-2017 – Sir, We cannot upload/ file GST TR1 (already submitted) form due to 'System Failure' message on GST Portal. Hence, GST 3B n GSTR1 also, cannot be filed as it prompts to file TR1 first.What is the way out.No help from GST helpdesk or ph.service. Pl.help us out.Thnx.-moiz – Reply By KASTURI SETHI – The Reply =

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Extension of due dates for furnishing details/Returns for the months of July, 2017 and August, 2017. – Notification

Goods and Services Tax – Extension of due dates for furnishing details/Returns for the months of July, 2017 and August, 2017. – Notification – TMI Updates – Highlights

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How to calculate GST with different raw materials

Goods and Services Tax – Started By: – Sundaramoorthy Manickam – Dated:- 6-9-2017 Last Replied Date:- 8-9-2017 – My product contains raw materials which attracts 5%, and 18% GST. My Final product GST % is 5 only.Sized cotton/viscose warp – 18%Cotton weft yarn – 5%Final Product Saree with 85% cotton and other materiasl (HSN code 5208) is taxed at 5%.So finally ended up n making loss, any other way to overcome this problem? – Reply By MARIAPPAN GOVINDARAJAN – The Reply = You may consult with the consultant in this regards. – Reply By MADAN RAHEJA – The Reply = You can claim refund of accumulated credit arising on account of inverse tax structure under Section 54(3) of CGST Act. – Reply By PAWAN KUMAR – The Reply = Correct reply by Sh.Madan.Y

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GST on Job Work charges

Goods and Services Tax – Started By: – Sundaramoorthy Manickam – Dated:- 6-9-2017 Last Replied Date:- 8-9-2017 – Please let me know where to enter the job work charges paid under GST, where my job worker is un-registered and am paying using RCM – Reply By MARIAPPAN GOVINDARAJAN – The Reply = Your query is not clear. – Reply By Sundaramoorthy Manickam – The Reply = Hello sir,Am sending my raw materials for processing with a unregistered job worker, As Job worker charges are taxable under GST, wh

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Query on Procedure of warranty replacement of Goods Under GST & Purchase Return Procedure

Goods and Services Tax – Started By: – NS tawar – Dated:- 6-9-2017 Last Replied Date:- 8-7-2018 – Dear AllMy Query as follows -1 What is the procedure to be followed for warrantyreplacement of goods. whether we should issue FOC tax Invoce or we may send goods on delivery challan. 2 On what document our recepient will send back the goods for warranty replacement.3- whether Purchase return can be done on debit note prescribed under GST. if no pls prescribe procedure of purchase return. – Reply By Rajagopalan Ranganathan – The Reply = Sir, 1. Under GAT Act, levy of tax is on supply. According to Section 7 (1) (a) of CGST Act, 2017 the expression supply includes all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business. Since exchange of goods is also included in the definition of supply, supply of a new component or part in

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o is not procuring such supply in the course of or furtherance of business no procedure is available at present. Since the individual will be unregistered he cannot return the goods under the cover of taxable invoice. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = The reply given by Shri Ranganathan is superb. – Reply By KASTURI SETHI – The Reply = Yes, Sir. Sh.Ranganathan Sir has worked hard. He has saved time of so many visitors of this site. Such comprehensive reply is really appreciable. – Reply By Himansu Sekhar – The Reply = 1. The warranty replacement is not subject to gst as no consideration is involved. Board has clarified it. No need to reverse the credit also. I think delivery challah is sufficient or a separate set of invoice can be issued.2. The recipient need not issue any invoice as it is not a supply , delivery challah is sufficient – Reply By KASTURI SETHI – The Reply = Under the warranty period , goods are repaired and not exchanged. The product is exchanged only und

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lity on replacement of parts (no consideration is charged from a customer) under a warranty and whether the supplier is required to reverse the input tax credit? Answer: As parts are provided to the customer without a consideration under warranty, no GST is chargeable on such replacement. The value of supply made earlier includes the charges to be incurred during the warranty period. Therefore, the supplier who has undertaken the warranty replacement is not required to reverse the input tax credit on the parts/components replaced. – Reply By Himansu Sekhar – The Reply = I am working on q. 3. I am also puzzled with this question since last seven days. If the invoice is issued, it will increase the turnover. Also sec. Does not provide for a debit note. The credit note procedure given which has to be issued by supplier. I shall revert back. – Reply By Ganeshan Kalyani – The Reply = The sale is to an unregistered customer. Delivery challan is a document mentioned to be used for the purpose

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Rate of Tax applicability.

Goods and Services Tax – Started By: – THYAGARAJAN KALYANASUNDARAM – Dated:- 6-9-2017 Last Replied Date:- 8-9-2017 – Dear Sir,One of my client has supplying and erecting the water treatment plant to various customers located in India. In the execution of this contract, there will be goods as well labour is involved. And they are procuring the goods under various rates @ 12%, 18% & 28% from the various vendors. Now my query is that, whether he has to charge tax based on principle supply unde

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An open letter to Prime Minster – My Experience with GSTN

Goods and Services Tax – GST – By: – Mohammed Lakkadsha – Dated:- 6-9-2017 Last Replied Date:- 28-9-2017 – Open Letter to the Honourable Prime Minster of India My Experience with GSTN: I am a small-time professional chartered accountant in field of Taxation practicing since 21 years. Have seen massive transformation of manual to fully automated system of filing the returns be it be Income Tax(CPC), Be it be TDS(TRACES), Be it be VAT(MAHAVAT), be it be Service Tax(ACES), be it ROC Filing (MCA) etc. All these systems took off gradually and day by day matured and were made user friendly day by day. E.g. Initially TDS System Traces was rigid about payment of the taxes and does not allow adjustment intra Codes, between the years etc. but as the administrators realised that When the tax paid belongs to the deductor why he shouldn t be allowed to adjust as per his wishes, and subsequently the system was made more user friendly and rigidity was done away. When the GST was implemented with big

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aw. Just to quote a few Shortcomings: Being a new user there is every chance of error and omission, but the system is made so rigid with no room for revision or modification. Why not such facility provided to the users, when automated system can keep the trail of every addition and modification done by the user. The law allows and have provision to opt-out of Composition scheme by filing form CMP-04 ,if the conditions for opting composition u/s 10 of CGST Act does not fulfilled or breached. The GSTN does have such option till date. Needless to point out that option to opt for composition was provided very lately, by that time taxpayer had made lot of blunders by issuing Tax invoices. Also GSTN network has no facility of verifying dealer composition status by third party which can lead to huge evasion of taxes. The Enrolment application (migration / New registration) has provided option (compulsion for few Category) to submit the application online with Valid DSC but most of user system

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use to sleeps whole night, even if programmed to wake up to @ 6.00 Am, sometime sleeps up to 10.00 Am., Sometimes sleeps for days together. During the Day, the system is very busy to respond the users. As a results lakhs of skilled man hours were lost. The very basic concept of GST was seamless flow of credit and with that in mind Transition credit was to be allowed to the taxpayers by way of online return Trans1, Trans2 & Trans3. The return was to be submitted within 60 days , which was extended to 90 days after request made by various forum. But what happened facility to upload Trans1 was provided after 50 days that too when the administration was reminded by the Taxpayer that we need to adjust our credit of opening stock carried forward in GST regime. Shame on administration that Trans1 return was made online without any bulk filing utility knowing that thousands of entries has to be punched by the users. With a very little knowledge a small-time professional like me can design

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vided and exports were left on mercy of corrupt official for availing the facility without payment of the duty. In some case even after one month of time lag the Letter of undertaking was not accepted by the official. Why not systems were designed well in advance before the GST implementation to provide facility to exports to apply online for getting approvals without payment of duty. Technical Glitches like System errors; system failures; System not responding; down for maintenance; does not have enough bandwidth to support the users were daily and routine slogans on site. No effective system is in place for timely redressal of problems faced by the users. The helpdesk is inexperienced and have no solutions for most of the issued raised by the users. The Twitter handle and email respond rarely and that too incorrectly. The above shortcomings are only illustrative and many more can be list down, but sheer waste precious time, as we know that deaf Government is busy in praising themselv

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d Lakkadsha 05th September ,2017 mohdLak@gmail.com – Reply By NARENDRA SEKSARIA – The Reply = 1-THKS TO START /DARE BY THIS OPEN LETTER TO PM AGAINST WHOM PUBLIC FEAR TO SPEAK UP BUT THERE IS MOMENTUM NOW AFTER HE BEING EXPOSED ON DEMONETISATION A JOB OF EXPERT-RBI2-GST WAS OVERDUE AGOOD SYSTEM -SAVING TRUCK HOURS- HARASSMENT AT OCTROI-EXCISE-SALES TAX ETC-AS USUAL IMPLEMENTATION IS POOR-WITHOUT RESPECTING GROUND REALITIES-UNPLANNED3-PORTAL SHOULD HAVE SIMPLE 1-2PAGE RETURNS FOR SAY TRADERS-SMALL MFR BELOW 5CR4-WHY LATE FEES COLLECTED RS600-BY EXTORTION-NOW WAIVED WHAT A FUN/MOCKERY – Reply By Vinay Kunte – The Reply = Nice way to put forward the discrepancies and short coming in GSTN and that to as an open letter to PM is a very bold step but hope it reached the destination and a corrective action is taken .Hope the Administrators and the Politicians relaise the difficulties faced and the Industrial Associations and other big business houses such as Reliance, Tata, Birla, or some bigg

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GST ON GOVERNMENT CONTRACTS

Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 6-9-2017 Last Replied Date:- 10-9-2017 – The activities in relation to Government contracts has assumed great importance in the modern times with Government working on major projects either by way of public private partnerships or through technically and professionally qualified contractors. A contract to which the Central Government or a State Government is a party can be called a Government Contract and the party who is required to execute the contract for or on behalf of Government is referred to as a Government Contractor . Contract could take any of the form such as fixed-price contracts, cost-reimbursement contracts, fixed price or incentive contracts, indefinite – delivery contracts etc. In Government contracts, generally, open tenders are floated through sealed bidding and Request For Proposals (RFP) may be invited. Government engages contractors, who are generally empanelled with Government or Government agenci

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can not be categorized as works contract. In case of supply of goods and services in relation to supply of goods which are movable, the transaction of such nature would either be classified as composite supply or mixed supply for the taxability of which separate provisions have been made in CGST law. There should be a contract to provide / undertake works contract. The activities to be undertaken under a works contract may be one or more of the following : Building Construction Fabrication Completion Erection Installation Fitting out Improvement Modification Repair Maintenance Renovation, Alteration, or Commissioning Such activities shall be in relation to any immovable property. Works contract including transfer of property in goods, (whether as goods or in some other form) involved in the execution of a works contract shall be treated as supply of service. Tax Deduction at Source (TDS) Under GST regime, as per section 51 of the CGST Act, 2017, the Central or a State Government may m

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ificate will be 5 days and if any deductor (i.e., Government) fails to furnish the certificate within specified time then such deductor will be liable to pay late fees of INR 100 per day but subject to maximum limit of INR 5000/-. The deductee (i.e., contractor) shall claim credit, in his electronic cash ledger, of the tax deducted and reflected in the return of the deductor (i.e., Government) filed under section 39(3), in the prescribed manner. Section 39(3) provides that every registered taxable person required to deduct tax at source shall furnish, in such form and in such manner as may be prescribed, a return, electronically, for the month in which such deductions have been made along with the payment of tax so deducted within ten days after the end of such month. For any excess or erroneous deduction of TDS, refund can be sought by deductor or deductee under the relevant provisions of GST law. However, in case the amount of TDS deducted and deposited has been credited to the elect

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GST ON GENERATOR RUNNING AND ELECTRICITY EXPENSES RECOVERED BY BUILDER

Goods and Services Tax – Started By: – ROHIT GOEL – Dated:- 6-9-2017 Last Replied Date:- 8-9-2017 – IN THE CASE OF BUILDERS, WHERE A COMMERCIAL IS DEVELOPED – PARTLY SOLD AND PARTLY LET OUT. A COMMON GENERATOR IS INSTALLED IN BUILDER BOOKS AND COST OF RUNNING LIKE DIESEL AND REPAIR IS MET BY BUILDER AND THE MONTHLY COST IS SHARED AMONGST THE DIFFERENT SHOP OWNERS AND BUILDERS ACCORDING TO AREA OCCUPIED. WHETHER SUBJECT TO GST. WHETHER EXCESS RECOVERED OR DEFICIT HAVE ANY IMPACT ON GST APPLICABI

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GST on air travel/ Train/Bus travel agent

Goods and Services Tax – Started By: – ranjan chakraborti – Dated:- 6-9-2017 Last Replied Date:- 14-9-2017 – What would be the POS , taxable value and tax rate for air travel agent, train travel agent and Bus travel Agent ?Thanks in advance. – Reply By RAMESH PRAJAPATI – The Reply = If service recipient is located in the state other than that of service provider then this transaction will attract IGST. If both service provider & recipient is located in the same state then CGST & SGST is

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Gst on agent / tour operator of hotel abroad

Goods and Services Tax – Started By: – ranjan chakraborti – Dated:- 6-9-2017 Last Replied Date:- 16-9-2017 – 1.One of my acquaintance is going to start as a commission agent / franchisee of a hotel/tour operator agency situated abroad who is managing the hotel also in another country.He is going to get the commission for the service of booking the Indian guests as well as foreign guests.As agreed initially the total billing would be done by the hotel/tour operator agency abroad who are managing the hotel abroad.What would be his GST and Income tax implication :- If the total billing would be done by the hotel/tour operator agency abroad who are managing the hotel abroad and he would charge commission as a fixed % on sale/fixed per person ?

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Nirmal Constructions Versus The State of Madhya Pradesh

2017 (12) TMI 514 – MADHYA PRADESH HIGH COURT – 2017 (7) G. S. T. L. 3 (M. P.) – Cancellation of the tender in which the petitioner participated – change of tax regime – introduction of GST – Held that: – Since the entire tax regime has undergone change, therefore, the State Government's decision not to act upon the tenders invited with effect from 1.7.2017 to 5.8.2017 cannot be said to be illegal or arbitrary, which may warrant interference of this Court.

In pursuance of the offer of the petitioner, letter of acceptance of the contract has not been communicated to the petitioner. Therefore, it is not a case of concluded contract. In the absence of concluded contract, the petitioner cannot claim right to seek grant of contract only o

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ount of the change in tax environment and inasmuch as, the petitioner or other contractors will be entitled to benefit of input tax deposited by the sellers of the goods, which the petitioner purchases. Since the entire tax regime has undergone change, therefore, the State Government's decision not to act upon the tenders invited with effect from 1.7.2017 to 5.8.2017 cannot be said to be illegal or arbitrary, which may warrant interference of this Court. It may be stated that in pursuance of the offer of the petitioner, letter of acceptance of the contract has not been communicated to the petitioner. Therefore, it is not a case of concluded contract. In the absence of concluded contract, the petitioner cannot claim right to seek grant o

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Seeks to waive the late fee for late filing of form GSTR-3B for the month of July,2017.

GST – States – 23-A/2017 – Dated:- 6-9-2017 – FINANCE SECRETARIAT NOTIFICATION (23-A/2017) No. FD 48 CSL 2017, Bengaluru, dated: 06/09/2017 In exercise of the powers conferred by Section 128 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017), the Government of Karnataka, on the recommendations of the Council, hereby waives the late fee payable under section 47 of the said Act, for all registered persons who failed to furnish the return in FORM GSTR-3B for the month of

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