Goods and Services Tax

Goods and Services Tax – GST – By: – Anuj Bansal – Dated:- 4-8-2017 Last Replied Date:- 8-8-2017 – In today s ever booming digital world, we prefer online platforms for books, movies, music, data storage, advertising etc. With the increasing use of cloud based services it is all the more important to know the taxability of GST on Online Information Database Access and Retrieval Services (OIDAR). Section 2(17) of IGST Act, 2017 defines OIDAR as services whose delivery is mediated by information technology over the internet or an electronic network and the nature of which renders their supply essentially automated involving minimal human intervention and impossible to ensure in the absence of information technology. The definition is divided in two parts one is service is provided online via electronic network and second important thing is, it is impossible to ensure in the absence of information technology . It includes electronic services such as advertising on internet, cloud service

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7. Such suppliers (or intermediaries) of OIDAR services shall take a single registration under the Simplified Registration Scheme in Form GST REG-10. In case such supplier has a representative in India then he shall pay IGST on former s behalf and if does not have any representative in India, then such supplier can appoint a person in India and he will be liable for payment of such tax in India. Notification No. 2/2017 – Integrated Tax, dated 19th June 2017 has notified Principal Commissioner of Central Tax, Bengaluru (West) to grant registration in such cases. As we know, for any supply to be taxable under GST, the place of supply should be in India. Thus, following cases are possible for deciding taxability of OIDAR services: Location of Supplier of service Location of recipient of service Taxability Forward Charge/ Reverse Charge India India Yes Forward Charge Outside India India Recipient: Registered Person Recipient: Non Taxable Person Yes Reverse Charge Forward Charge India Outsi

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rmediary involved in the supply but by the supplier of services. Now the question is how to identify the receivers and suppliers of OIDAR services in India and who are receiving such services within India and who are supplying such services from abroad? Let s answer one by one. Sec 13(12) of IGST Act, states that place of supply of online information and database access or retrieval services shall be the location of the recipient of services. In order to check whether the person receiving such services is a person of Indian origin and is located in taxable territory, any two of the following non contradictory conditions should be satisfied, namely- Location of address of recipient provided by him through internet is in the taxable territory; the credit card or debit card or store value card or charge card or smart card or any other card by which the recipient of services settles payment has been issued in the taxable territory; the billing address of the recipient of services is in the

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Goods and Services Tax – Started By: – THYAGARAJAN KALYANASUNDARAM – Dated:- 3-8-2017 Last Replied Date:- 4-8-2017 – Dear expert, One of my friend taking the goods transport vehicles from various source inturn supplying to courier agency along with driver and charging day rental and based on the km runs and he will not issue any consignment note. Mt doubt is whether he will be treated as GTA? If not what is the rate of tax to be charged on the bills. As per the exemptions provided in the notifi

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Goods and Services Tax – Started By: – ASHOK CHOUDHARY – Dated:- 3-8-2017 Last Replied Date:- 4-8-2017 – One of my Client keep the exhibition at Mumbai and Participant are coming from Calcutta ( West Bengal ) with material ( not for sales ) for display at exhibition . What is tax liability of the Participant who are coming from other state with material . Is IGST is applicable . – Reply By MUKUND THAKKAR – The Reply = Participant coming from any place of India and exhibition at Mumbai (not for

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Goods and Services Tax – GST – Dated:- 3-8-2017 – 1 . What is the HSN code and GST rate for lac or shellac bangles? Lac or shellac bangles are classifiable under heading 7117 and attract 3% GST. 2. What is the HSN code and GST rate for kulfi? Kulfi is classifiable under heading 2105 and attracts 18% GST. 3. What is the HSN code for Solar Panel Mounting Structure and its GST rate? • Structures of iron or steel fall under heading 7308 and structures of aluminium fall under heading 7610 and attract 18% GST. • Solar Panel Mounting Structure, depending on the metal they are made of, will fall under 7308 or 7610 and attract 18% GST. 4. What is the HSN code for Idli Dosa Batter (Wet Flour) and its GST rate? Idli Dosa Batter (Wet Flour) [as food mixes] falls under heading 2106 and attracts 18% GST. 5. What is the HSN code for Maize Seeds and its GST rate? Maize [of seed quality] fall under heading 1005 and attract Nil GST. 6. What is the HSN code for Saree and dhoti and its GST rate

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uding kalava (raksha sutra) attracts Nil GST. Rakhi, which is in form of kalava [raksha sutra] will thus attract Nil GST. Any other rakhi would be classified as per its constituent materials and attract GST accordingly. 10. What is the GST rate on Nail Polish? Nail Polish [whether in large quantities say 50 to 100 litres or in retail packs] falls under heading 3304 and attracts 28% GST 11. What is the GST rate and HSN code of Wet Dates? Wet dates fall under heading 0804 and attract 12% GST. 12. What is the HSN code and GST rate for Pet Food? Dog or cat foods fall under heading 2309 and attracts 18% GST under the residual entry S. No. 453. 13. What is the classification and GST rate for sale of Export Incentives Licences like MEIS, SEIS and IEIS? MEIS etc. fall under heading 4907 and attract 12% GST. 14. What is the HSN Code and GST rate for a Fabric 1.2 MT cut for pant and 2.5 MT cut for a shirt? Specified fabrics attract 5% GST, whether or not in form of cut pieces. 15. What is the cl

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400 per tonne. 20. What is the HSN code and GST rates for Battery for mobile handsets? Battery for mobile handsets falls under heading 8506 and attracts 28% GST. 21. What is the HSN code and GST rate for tamarind? Tamarind(fresh) falls under 0810 and attract Nil GST. Tamarind (dry) falls under 0813 and attract 12% GST. 22. What is the HSN code and GST rate for tamarind kernel? Tamarind kernel falls under heading 1207 and attracts Nil GST. 23. What is the HSN code and GST rate for tamarind kernel powder? Tamarind kernel powder falls under heading 1302, and attracts 18% GST. 24. What is the GST rate on Hair Rubber Bands? Hair rubber bands fall under heading 4016 and attract 28% GST 25. What is HSN code and GST rate for Khari and hard Butters? Khari and hard butters fall under heading 1905 and attract 18% GST 26. What is the GST rate and HSN code of Khoya/Mawa? Khoya/mawa being concentrated milk fall under 0402 and attracts 5% GST. 27. What will be the GST rate for printed paperboard mon

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ed coconut? Coconuts, fresh or dried, whether or not shelled or peeled fall under heading 0801 and attract Nil GST. As per the HSN Explanatory Notes, the heading excludes copra, the dried flesh of coconut used for the expression of coconut oil (1203) Copra falls under heading 1203 and attracts 5% GST 32. Footwear having a retail sale price not exceeding ₹ 500 per pair [provided that such retail sale price is indelibly marked or embossed on the footwear itself] attracts 5% GST. Does the retail sale price referred to above include the GST. As per the Legal Metrology (Packaged Commodities) Rules, 2011, retail sale price [RSP] means the maximum price at which the commodity in packaged form may be sold to the consumer and is inclusive of all taxes. Thus retail sale price declared on the package is inclusive of GST. GST for footwear will be 5% if the RSP does not exceed ₹ 500 per pair. The GST rate will be 18% if the RSP exceeds ₹ 500 per pair. GST however, will be payable

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Customs – Exports under claim for drawback in the GST scenario – Government has dispensed with the requirement of the certificate from GST officer to claim higher rate of drawback – exporter has to su

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Customs – Exports under claim for drawback in the GST scenario – Self-declaration format / form for claiming higher rate of AIR of duty drawback under column (4) and (5) of the AIR Schedule – TMI Updates – Highlights

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Customs – Refund of IGST paid on exports and Export under Bond scheme – refund of unutilised input tax credit (ITC) or IGST paid – For the option (b), the shipping bill filed by an exporter shall be d

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Customs – Refund of IGST paid on exports and Export under Bond scheme – unutilised input tax credit (ITC) – Application for refund shall be filed only after the export manifest or an export report, as

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Customs – Exports under GST – Duty Drawback – it could be possible that export goods may be manufactured by using both Central Excise/Service Tax paid and CGST/IGST paid inputs and inputs services or

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Customs – Exports under GST – Drawback – The certificates from jurisdictional GST officer as referred above may not be available during initial days – all field formations shall ensure that exports ar

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Customs – Imports and Input Tax Credit (ITC) – Input tax credit shall be availed by a registered person only if all the applicable particulars as prescribed in the Invoice Rules are contained in the s

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Customs – Imports and Input Tax Credit (ITC) – importers are advised to complete their registration process for GSTIN as ITC of IGST would be available based on GSTIN declared in the Bill of Entry. – TMI Updates – Highlights

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Customs – Full exemption from IGST has been provided on passenger baggage. However, basic customs duty shall be leviable at the rate of 35% and education cess as applicable on the value which is in ex

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Customs – In the GST regime, for the purpose of levying IGST all the imports under the project import scheme will be classified under heading 9801 and duty shall be levied @ 18%. – TMI Updates – Highlights

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Customs – EOUs and SEZ – Post GST – In the GST regime, clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods. DTA cl

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Customs – The EXIM scrips under the export incentive schemes of chapter 3 of FTP (for example MEIS and SEIS) can be utilised only for payment of Customs duties or additional duties of Customs, on item

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Goods and Services Tax – GST – Dated:- 3-8-2017 – In pre GST regime there was Excise Duty on Coal @ 6% , Stowing Excise Duty @ ₹ 10 per tonne of coal production, VAT@ 5% (on intra-state sale), Central Sales Tax @ 2% (on inter-state sale, on submission of Form C) . Post implementation of GST all the above mentioned taxes and levies have been subsumed and GST @ 5% is being charged to consumers. This was stated by Shri Piyush Goyal, Minister of State (IC) for Power, Coal & New and Renewable Energy and Mines in a written reply to a question in the Lok Sabha today. The Minister further stated that Clean Environment Cess @ ₹ 400 per tonne was payable prior to GST which has been repealed and a new levy namely GST Compensation Cess

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Customs – Import of goods – Post GST – Type of duties – Although BCD, Education Cesses and IGST would be applicable in majority of cases, however, for some products CVD, SAD or GST Compensation cess m

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Customs – While PAN is identifier at the entity level, GSTIN would be used as identifier at the transaction level for every import and export. Further, in scenarios where GSTIN is not applicable, UIN

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Customs – Under the GST regime, Customs duties will be exempted on imports made under export promotion schemes namely EPCG, DEEC (Advance License) and DFIA. – IGST and Compensation Cess will have to b

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Customs – Imports of goods – IGST would be levied on cargo which has arrived prior to 1st July but a bill of entry is filed on or after 1st July 2017. – TMI Updates – Highlights

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Customs – GST implementation – Guidance Note for Importers and Exporters – TMI Updates – Highlights

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Customs – Since new provisions for levy of IGST and GST compensation cess on imports have been introduced under the Customs Tariff Act, 1975, Bill of Entry, Shipping Bill and Courier Regulations and F

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GST – States – Circular regarding Accounting Framework for new Goods and Services Tax (GST) regime – Circular – TMI Updates – Highlights

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Customs – The work pertaining to fixation of Brand Rate of Drawback under Rule 6 and Rule 7 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, in the GST scenario. – TMI Updates – Highlights

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