Goods and Services Tax

GST – States – 07/2017 – Dated:- 19-8-2017 – GOVERNMENT OF TELANGANA COMMERCIAL TAXES DEPARTMENT TGST Notification No. 07/2017 CCT s Ref No. A(1)/97/2017, Dt. 19-08-2017 In exercise of the powers conferred by sub-rule (5) of rule 61 of the Telangana Goods and Services Tax Rules, 2017, read with section 168 of the Telangana Goods and Services Act, 2017 (23 of 2017), the Commissioner of State Tax, on the recommendations of the Council, specifies that the return for the month as specified in colum

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GST – States – F.1-11(100)-TAX/GST/2017 – Dated:- 19-8-2017 – Government of Tripura Finance Department (Taxes & Excise) No. F.1-11(100)-TAX/GST/2017 Dated, Agartala, the 19th August, 2017. NOTIFICATION In exercise of the powers conferred by section 164 of the Tripura State Goods and Services Tax Act, 2017 (Tripura Act No. 9 of 2017). the State Government hereby makes the following rules further to amend the. Tripura Stale Goods and Services Tax Rules, 2017, namely: – (1) These rules may be

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GST – States – F.1-11(100)-TAX/GST/2017 – Dated:- 19-8-2017 – GOVERNEMENT OF TRIPURA OFFICE OF THE CHIEF COMMISSIONER OF STATE TAX PANDIT NEHRU COMPLEX, GURKHABASTI, AGARTALA. Dated, Agartala, the 19th August, 2017. No.F.1-11(100)-TAX/GST/2017 NOTTIFICATION In exercise of the powers conferred by sub-rule (5) of rule 61 the Tripura State Goods and Services Tax Rules. 2017 (hereafter in this notification referred to as the said Rules ) and notification dated 08th August, 2017 published in the Tri

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GST – GST Law and Procedure – 016 – Chapter Sixteen Debit Note in GST Introduction: A supplier of goods or services or both is mandatorily required to issue a tax invoice. However, during the course of trade or commerce, after the invoice has been issued there could be situations like: The supplier has erroneously declared a value which is less than the actual value of the goods or services or both provided. The supplier has erroneously declared a lower tax rate than what is applicable for the kind of the goods or services or both supplied. The quantity received by the recipient is more than what has been declared in the tax invoice. Any other similar reasons. In order to regularize these kinds of situations the supplier is allowed to issu

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ot exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters hyphen or dash and slash symbolised as – and / respectively, and any combination thereof, unique for a financial year; d) date of issue; e) name, address and Goods and Services Tax Identification Number or Unique Identity Number, if registered, of the recipient; f) name and address of the recipient and the address of delivery, along with the name of State and its code, if such recipient is un-registered; g) serial number and date of the corresponding tax invoice or, as the case may be, bill of supply; h) value of taxable supply of goods or services, rate of tax and the amount of the tax debited to the recipient; and i) signatur

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GST – GST Law and Procedure – 046 – Chapter Forty Six Special Audit in GST Introduction: GST is a trust based taxation regime wherein the assessee is required to self-assess his returns and determine tax liability without any intervention by the tax official. Therefore, a tax regime that relies on self-assessment has to put in place a robust audit mechanism to measure and ensure compliance of the provisions of law by the taxable person. Audit has been defined in section 2(13) of the CGST Act, 2017 and it means the examination of records, returns and other documents maintained or furnished by the registered person under the GST Acts or the rules made thereunder or under any other law for the time being in force to verify the correctness of

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ency and in such manner as may be prescribed. The third type of audit is called the Special Audit. In Special Audit the registered person can be directed to get his records including books of account examined and audited by a chartered accountant or a cost accountant during any stage of scrutiny, inquiry, investigation or any other proceedings; depending upon the complexity of the case. Procedure: During the scrutiny, inquiry, investigation or any other proceedings of a registered person, the Assistant Commissioner or any officer senior to him, having regard to the nature and complexity of the case and the interest of revenue, might be of the opinion that the value has not been correctly declared or the credit availed is not within the norm

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extend the said period by a further period of ninety days. The provisions of special audit shall have effect even if the accounts of the registered person have been audited under any other provisions of the GST Act or any other law for the time being in force. The registered person shall be given an opportunity of being heard in respect of any material gathered on the basis of special audit and which is proposed to be used in any proceedings against him under this Act or the rules made thereunder. The expenses of the examination and audit of records, including the remuneration of such chartered accountant or cost accountant, shall be determined and paid by the Commissioner. On conclusion of the special audit, the registered person shall be

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GST – GST Law and Procedure – 031 – Chapter Thirty One Provisional Assessment in GST Introduction: A supplier will come to know the extent of his tax liability which has to be discharged on a continuous and regular basis only after assessment. Assessment means determination of tax liability and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgment assessment. The major determinants of the tax liability are generally the applicable tax rate and the value. There might be situations when these determinants might not be readily ascertainable and may be subject to the outcome of a process that requires deliberation and time. Hence like under the previous laws, when due to various circumstances it might not be always possible, at that point of time, to carry out an assessment and determine the exact duty liability, the GST law also provides for provisional assessment. The Asst. Commissioner/Dy. Commissioner of Central Tax provisionally determi

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x on a provisional basis has to furnish an application along with the documents in support of his request, electronically in FORM GST ASMT-01 on the common portal, either directly or through a Facilitation Centre notified by the Commissioner. The Asst. Commissioner/Dy. Commissioner of Central Tax will scrutinize the application in FORM GST ASMT-01. In case, additional information or documents in support is required by the Asst. Commissioner/Dy. Commissioner of Central Tax to decide the case, notice in FORM GST ASMT-02 will be issued to the supplier requesting for submission of the same. The supplier has to file a reply to the notice in FORM GST ASMT – 03, and if he desires can also appear in person before the Asst. Commissioner/Dy. Commissioner of Central Tax to explain his case. The Asst. Commissioner/Dy. Commissioner of Central Tax will then issue an order in FORM GST ASMT-04 within a period not later than ninety days from the date of receipt of the request, allowing the payment of t

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x at the rate or on the value that has been indicated in the order in FORM GST ASMT-04. Finalization of provisional assessment: The provisional assessment will be finalized, within a period not exceeding six months from the date of issuance of FORM GST ASMT-04.The Asst. Commissioner/Dy. Commissioner of Central Tax will issue a notice in FORM GST ASMT-06, calling for information and records required for finalization of assessment and shall issue a final assessment order, specifying the amount payable by the registered person or the amount refundable, if any, in FORM GST ASMT-07. On sufficient cause being shown and for reasons to be recorded in writing, the time limit for finalization of provisional assessment can be, extended by the Joint Commissioner or Additional Commissioner for a further period not exceeding six months and by the Commissioner for such further period not exceeding four years. Interest liability: In case any tax amount becomes payable subsequent to finalization of the

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GST – GST Law and Procedure – 015 – Chapter Fifteen Credit Note in GST Introduction: A supplier of goods or services or both is mandatorily required to issue a tax invoice. However, during the course of trade or commerce, after the invoice has been issued there could be situations like: The supplier has erroneously declared a value which is more than the actual value of the goods or services provided. The supplier has erroneously declared a higher tax rate than what is applicable for the kind of the goods or services or both supplied. The quantity received by the recipient is less than what has been declared in the tax invoice. The quality of the goods or services or both supplied is not to the satisfaction of the recipient thereby necessitating a partial or total reimbursement on the invoice value Any other similar reasons. In order to regularize these kinds of situations the supplier is allowed to issue what is called as credit note to the recipient. Once the credit note Meaning Whe

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ancial year; d) date of issue; e) name, address and Goods and Services Tax Identification Number or Unique Identity Number, if registered, of the recipient; f) name and address of the recipient and the address of delivery, along with the name of State and its code, if such recipient is un-registered; g) serial number and date of the corresponding tax invoice or, as the case may be, bill of supply; h) value of taxable supply of goods or services, rate of tax and the amount of the tax credited to the recipient; and i) signature or digital signature of the supplier or his authorised representative. Adjustment of tax liability The person who issues a credit note in relation to a supply of goods or services or both must declare the details of such credit note in the return for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return, whic

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tion of output tax liability in respect of outward supplies exceeds the corresponding reduction in the claim for input tax credit or the corresponding credit note is not declared by the recipient in his valid returns, the discrepancy shall be communicated to both such persons. Whereas, the duplication of claims for reduction in output tax liability shall be communicated to the supplier. The amount in respect of which any discrepancy is communicated and which is not rectified by the recipient in his valid return for the month in which discrepancy is communicated shall be added to the output tax liability of the supplier in his return for the month succeeding the month in which the discrepancy is communicated. The amount in respect of any reduction in output tax liability that is found to be on account of duplication of claims shall be added to the output tax liability of the supplier in his return for the month in which such duplication is communicated. Records The records of the credit

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Goods and Services Tax – Started By: – Davinder Singh – Dated:- 18-8-2017 Last Replied Date:- 20-8-2017 – Dear Sir,Kindly confirm if we have surplus GST Input at the end of the month, Can be use in payable against reverse charge, – Reply By RAMESH PRAJAPATI – The Reply = RCM Liability cannot be discharged through ITC. Please refer to following rule. Rule 85 (4) of CGST Rules 2017 provides that the amount deducted under section 51, or the amount collected under section 52, or the amount payable

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Goods and Services Tax – Started By: – Shipra Garg – Dated:- 18-8-2017 Last Replied Date:- 19-8-2017 – Dear Sirs, Kindly help me in identifying the purpose of Point 9 of GST service exemption list. The same has been reproduced below: 9. Service by way of transportation of goods (i.) by road except the services of – (A) a goods transportation agency; or (B) . . . . Section 15(C) of CGST Act: incidental expenses, including commission and packing, charged by the supplier to the recipient of a supply and any amount charged for anything done by the supplier in respect of the supply of goods or services or both at the time of, or before delivery of goods or supply of services; With due regards to Section 15 ibid, I am of the view that freight ch

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of goods or services or both at the time of, or before delivery of goods or supply of services; – Reply By RAMESH PRAJAPATI – The Reply = Section 15 states how to determine the value for taxable supply. There are inclusions and exclusions also. – Reply By KASTURI SETHI – The Reply = The following kinds of services by way of transportation of goods by road are exempted:-. 1. Transportation of goods by way of a three wheeler scooter. 2. By a tractor 3. By a vehicle not covered under Motor Vehicle Act which falls under the Scope of GTA. Example can be traced out on any relevant site. Section 15 (C) talks of valuation of taxable service or goods. If any activity falls under the above mentioned exempted services, the valuation Section does not c

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Composite Supply is a supply of two or more taxable supplies. In above case there is one taxable supply and other is exempt by virtue of N No. 12/2017. – Reply By Vamsi Krishna – The Reply = When you buy cement, freight is bundled together with the principal supply of cement supply and hence there is no question of exemption.Here the transporter who renders transportation services to Cement supplier/seller ( not to the buyer) falls under exemption notification. The GST liability of transportation has to be discharged by Cement supplier under Reverse charge.You being buyer has nothing to do with their exemption, rather have to discharge the GST liabilty on total purchase value which includes Freight (as bundled freight) – Reply By KASTURI SE

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राजस्व ज्ञान संगम Annual Conference of Tax Administrators, 2017 – reg. – Goods and Services Tax – GST – Dated:- 18-8-2017 – OFFICE OF THE PRINCIPAL COMMISSIONER OF CENTRAL GST, DELHI North, C.R. BUILDING, I.P. ESTATE, NEW DELHI – 110002 C.No. 17.08.2017 To All Chief Commissioners / Directors General/ Principal Commissioners/ Principal Additional Directors General/ Commissioners (upto 1988 batch) / Additional Directors General (upto 1988 batch) Sir/Madam, Sub: 'राजस्व ज्ञान संगम' Annual Conference of Tax Administrators, 2017 – reg. The Principal Commissionerate of Central GST, Delhi North is entrusted with the responsibility of making arrangements for hosting the राजस्व ज्ञान संगम, Annual Conference of Tax Admini

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his team are the coordinators for arrivals/departure of delegates at the Airport. 3. The accommodation has been blocked/arranged during the conference as per the following details subject to availability. S.no. Name of the Hotel Package Rates Facilities included in Package 1 The Lalit, Barakhambha Avenue, Connaught Place, New Delhi (Aug 31st , 2017 to Sept 3rd , 2017) Single Occupancy – INR 8250/- Double Occupancy – INR 8500/- Daily buffet breakfast at 24/7 restaurant located at lobby Daily one major meal (lunch/dinner) 24/7 restaurant 2 pieces laundry during the stay. Free wifi Checkin Time – 2 pm Check out Time – 12 pm Payment to hotel will be settled directly by the officer concerned 4. We are working on tie up with one more hotel and hotels will be allotted batch wise and all the officers pertaining to single batch will be accommodated in same hotel as far as possible. It is recommended that all outstation delegates may avail the accommodation at the above mentioned hotels as it w

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all times. b) Further, all delegates are advised to be seated in the hall at least 45 minutes before commencement of the function after which the entry shall be restricted. c) No bags, briefcase, laptops, eatables, camera and other electronic equipments except a mobile phone shall be allowed in the Vigyan Bhawan premises on 1st September 2017. 6. It may further be noted that the dress code for the conference will be Formals i.e Lounge Suit/Bandhgala/ Full sleeve shirt with Tie/ Waist Coat for gentleman officers and Light coloured Saree/ Salwar Kameez for lady officers. 7. The conference bag containing the conference material and other necessary items will be available in the conference hall for Technical session itself on day one of the event and can be accessed once the technical sessions of the conference begin. Therefore, all the other necessary items and details shall be provided either on arrival or at the place of stay. 8. The schedule of the conference shall be provided to you o

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Goods and Services Tax – Started By: – RAMAKRISHNA M – Dated:- 18-8-2017 Last Replied Date:- 19-8-2017 – Is IGST is applicable at the time of importing of Machinery spares parts @ Customs Private Bonded Warehouse ? – Reply By RAMESH PRAJAPATI – The Reply = Import is treated as interstate transaction under GST. So when you get material cleared from customs bonded warehouse, you will have to pay IGST with BCD and other duties, if any. – Reply By RAMAKRISHNA M – The Reply = Dear Ramesh Prajapathi,This material importing and we will keep in Customs Private Bonded Warehouse.From this Warehouse sales will happen and during sale time GST will be applicable as per norms My question is during the time of Importing and moving to Customs Private Bond

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Purchaser and he will be utilised accordingly. but while importing and moving to our Customs bonded Warehouse, is it required to remit IGST for imported materials is my question.regards,Ramakrishna – 9243199867 – Reply By RAMESH PRAJAPATI – The Reply = Duty and Tax is required to be paid when material moves out from customs bonded warehouse. Warehousing Bill of Entry is filed without payment of duties. Customs fundamentals are not changed in GST regime. – Reply By Rajagopalan Ranganathan – The Reply = Sir, The existing procedure under Customs Act is not affected by introduction of GST. Prior to 1.7.2017 When imported goods are warehoused without payment of duty have you CVD or SAD. The answer is no since whatever duty payable will be paid o

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Goods and Services Tax – Due date of furnishing Form GSTR-3B extended for the Registered persons entitled to avail input tax credit in terms of section 140 of the said Act read with rule 117 of the sa

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Goods and Services Tax – Government departments applying for registration as suppliers may not furnish Bank Account details – Form GST REG-01 amended – TMI Updates – Highlights

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Goods and Services Tax – Member of the Authority for Advance Ruling shall not be below the rank of Joint Commissioner – See Rule 103 as amended. – TMI Updates – Highlights

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Goods and Services Tax – Electronic Cash Ledger – payment of GST towards supplying online information and database access or retrieval services (OIDAR) from a place outside India to a non-taxable onli

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Goods and Services Tax – Electronic Cash Ledger – Challan Generated for payment of GST in Form GST PMT-06 shall be valid for 15 days. – See Rule 87(2) as amended – TMI Updates – Highlights

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Goods and Services Tax – Started By: – Jabira S – Dated:- 18-8-2017 Last Replied Date:- 20-8-2017 – Hi,The threshold for GST for entities is 20L, and in case of entities below the threshold, though there is no need of registering with GST, dealing with other entities (with GST ) enforces them to register for GST. In these cases, which normally is voluntary registraton, it is not fair that these kind of entities are made to pay GST , irrespective of the threshold limit. Please let me know if my understanding is wrong and if there is any clause which helps entities under threshold limit to get waiver on GST.RegardsNishi/Jabira – Reply By KASTURI SETHI – The Reply = Dear Querist, You are absolutely right. Threshold exemption is conditional. F

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Goods and Services Tax – Started By: – Rajesh Karia – Dated:- 18-8-2017 Last Replied Date:- 1-6-2018 – We are a small company dealing in Pharma API supplying majorly within India & some small exports to Nepal which is via Road Transport. We are preparing the GSTR1 online & uploading invoices to GST portals for the month of July. In the section 6A where we have to mention the Export Invoice details, we have to mention Shipping Bill No./Bill of Export No . Now as we are exporting to Nepal via Road, so what would be the Shipping Bill No./Bill of Export No ? is it the LR (Lorry Receipt) No. issued by the transporter or something else? Any guidance in the above matter will be highly appreciated. – Reply By RAMESH PRAJAPATI – The Reply =

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= You should have a CHA ( Customs House Agent) for filing of Bill of Export. If export proceeds are to be realized in Indian Rupees then your GST Invoice can be used for filing of Bill of Export. If your order is inForeign Currency, then export invoice in FE is required. – Reply By Rajesh Karia – The Reply = Yes, my Nepal exports are in INR, hence my Export Invoice No can be used as shipping Invoice? – Reply By RAMESH PRAJAPATI – The Reply = Yes, your GST Tax Invoice issued for export will serve the purpose. – Reply By Rajesh Karia – The Reply = Thanks, Mr.Ramesh for your valuable time & feedback. – Reply By RAMESH PRAJAPATI – The Reply = It's my pleasure. – Reply By KrishnaTeja Chamarthi – The Reply = Dear sir,if an export with pay

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Goods and Services Tax – Commissioner empowered to specified the conditions for submitting Form GSTR-3B where dues date of submitting GSTR-1 and GSTR-2 has been extended. – See Rule 61(5) as amended. – TMI Updates – Highlights

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Goods and Services Tax – ITC of CVD paid on stock of imported Gold dore bar before 1.7.2017 restricted to one-sixth of such credit – see New Rule 44A – TMI Updates – Highlights

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Rule 44A – Rules – Input Tax Credit – Central Goods and Services Tax Rules, 2017 – Rule 44A – [44A. Manner of reversal of credit of Additional duty of Customs in respect of Gold dore bar.- The credit of Central tax in the electronic credit ledger taken in terms of the provisions of section 140 relating to the CENVAT Credit carried forward which had accrued on account of payment of the additional duty of customs levied under sub-section (1) of section 3 of the Customs Tariff Act, 1975 (51 of 197

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Goods and Services Tax – Manner of claiming credit in special circumstances – Sub-Rule 1(b) of Rule 40 substituted regarding due date of filing of details in Form GST ITC-01 – See amended Rule 40 – TMI Updates – Highlights

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Goods and Services Tax – Assignment of Unique Identity Number (UIN) to certain special entities – Power of Proper officer to assign extended – See the amended Rule 17 – TMI Updates – Highlights

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Goods and Services Tax – Due date for filing of Stock statement in FORM GST CMP-03 extended from 60 days to 90 days in case of a person opting for Composition scheme in GST. – See the amended Rule 3. – TMI Updates – Highlights

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Goods and Services Tax – FORM GST REG-13 – Application/ Form for grant of Unique Identity Number (UIN) to UN Bodies/ Embassies /others – Goods and Services Tax – As amended – TMI Updates – Highlights

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