Goods and Services Tax

Goods and Services Tax – Rule 24 – Migration of persons registered under the existing law – Date of surrender of GST registration where not required extended upto 30-09-2017 – TMI Updates – Highlights

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Goods and Services Tax – Started By: – ankit mehta – Dated:- 2-8-2017 Last Replied Date:- 2-8-2017 – if we (registered) are getting tea & coffee service from tea stall (unregistered), GST applica

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Goods and Services Tax – GST – Dated:- 2-8-2017 – New Delhi, Aug 1 (PTI) Major automobile makers today reported robust sales growth across segments driven by price reductions and restocking of vehicles at dealerships post GST implementation. Led by market leader Maruti Suzuki India, passenger vehicles segment witnessed strong growth last month with other companies such as Tata Motors, Mahindra & Mahindra (M&M), Ford India and Honda Cars India also registering double digit expansion in domestic market sales. Maruti Suzuki India (MSI) posted a 22.4 per cent increase in domestic sales at 1,54,001 units as against 1,25,778 in July 2016. The company's growth was driven by compact segment – comprising Swift, Estilo, Dzire, Baleno and

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r. Stating that there was administrative challenges associated with the introduction of GST in July, Ford India President and Managing Director Anurag Mehrotra said, adding that going ahead there will be short-term headwinds associated with GST and rising input costs. We believe a good monsoon, conducive financing rates and consumer confidence during festival season will provide a good impetus for the industry, he said. Homegrown utility vehicles major M&M saw a 13 per cent increase in its domestic sales at 39,762 units last month compared to 35,305 units in July 2016. A good monsoon, successful GST rollout and a good run-up to the festive season gives the company confidence of achieving robust growth in second quarter, M&M Presiden

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good monsoon would increase customer confidence and sentiment towards vehicle buying. In the commercial vehicles segment, Tata Motors said its domestic sales were up 15 per cent at 27,842 units last month following ramp-up of BS-IV production across segments. Passing on the benefits of GST to consumers by reducing the prices of its vehicles across all commercial vehicle segments has resulted in improved consumer sentiments, Tata Motors Head Commercial Vehicle Business Unit Girish Wagh said. Hinduja Group flagship firm Ashok Leyland reported a 14.19 per cent increase in total sales at 11,981 units in July as against 10,492 units in the same month last year. In two-wheeler segment, market leader Hero MotoCorp reported a 17.13 per cent increas

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Goods and Services Tax – Started By: – THYAGARAJAN KALYANASUNDARAM – Dated:- 2-8-2017 Last Replied Date:- 21-5-2018 – Dear expert, One of my client using SAP systems and made a invoice by yesterday and due to some discrepancies they need to cancel the invoice in same day. The invoice and the goods have not removed from the factory. Now my clarification is whether I can cancel the invoice or pass only credit note and compensate the supply invoice. Which one is correct as per the GST. Since the customer is unaware this issue. Thanks in advance. – Reply By Vamsi Krishna – The Reply = Since is SAP generated invoice, it is better to raise credit note and knock off both the invoices in return. IN GSTR-1 there is an option for amendment which inc

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Goods and Services Tax – Started By: – jayesh thacker – Dated:- 2-8-2017 Last Replied Date:- 3-8-2017 – REQ. GST HSN/SAC CODE AND RATE OF FOLLOWING ITEM1) TOLL TAX2) CAR PARKING3) BOND PAPER4) NOTARY5) DONATION6) BANK CHARGES – Reply By THYAGARAJAN KALYANASUNDARAM – The Reply = Dear sir, As per the GST concern, the services by way of access to a road or a bridge on payment of toll charges is exempt from GST vide N. No. 12/2017(rate) and 9/2017(rate) w. e.f. 01.07.2017 classified under 9967. – R

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Goods and Services Tax – Started By: – MAHESH MAIYA – Dated:- 2-8-2017 Last Replied Date:- 2-8-2017 – Sir, My queries are; 1. Is it Mandatory to reverse the GST on post sale discounts ?. If not, sale consideration do not match. 2. Other state CGST & SGST can also be taken credit ? Company in Karnataka, employee goes to Hotel in Goa, CGST & SGST will be charged in the Bill. Can CGST & SGST of that state can be taken credit in Karnataka if the bills obtained with Kanataka GSTIN ? 3. S

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Goods and Services Tax – Enforcement of the G.S.T. – Entitlement to collect entertainment tax as in the past upto 31st March, 2020 and to retain the percentage of it in accordance with the scheme – U.

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Goods and Services Tax – GST – By: – Naimish Padhiar – Dated:- 2-8-2017 Last Replied Date:- 9-8-2017 – Reverse Charge Mechanism under GST and implications of exemption upto ₹ 5000 per day Let s look at the critical provisions of the GST law which have enabled reverse charge mechanism :- Compulsory Reverse Charge even if the supplier is registered

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ed from Goods Transport Agency, Lawyer, government, corporate sponsorship, director etc. Reverse Charge if the supplier is unregistered – Sec 9(4) The central tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and all the provisions of this Act shall apply to such recip

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4bcd-8d84-5b2d28c92f06 >Central Government has exempted intra- State supplies of goods or services or both received by a registered person from any supplier, who is not registered, from the whole of the central tax leviable thereon under sub-section (4) of section

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r_software_uiphraseguid= fe331370-4ce9-404e-ab8a-5c777f8a6156 id= f7d80fc0-38a7-485f-940d-b536654f635b >upto a daily limit of ₹ 5000/- Example:- Mr. X purchased following items from unregistered dealer, all are dated 01.07.2017 as under: 1st bill – From Ram: Stationery = 2000/- 2nd bill – From Shyam: Lunch = 1000/- 3rd bill – From Madhu : Books = 3000/- In this case, The bills of Mr. X will not ge

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9f54c6-e44a-48b7-a681-69e658730a39 id= dd3da4a7-85b3-490e-bf9f-7ece18418386 >5000/– day limit, say bill date of Ram is 02.07.2017) 2) Any of the bills are 1000/- less than the mentioned value(Say Bill of Madhu is ₹ 2000/- 3) If the one of the bills in the same of

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85ff-cca5abfb4a1f id= 087b86d0-0e5f-4321-b3b3-a0b137d5931f >(3) of CGST act? Where Compulsory tax is to be paid under the Reverse Charge Mechanism under 9(3) of CGST Act, and as per Notification N0o. 13/2017- Central Tax (Rate) dt 28.06.2017 the benefit of this lim

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from unregistered dealer, all are dated 01.07.2017 as under: 1st bill – From Ram: Stationery = 2000/- 2nd bill – From Shyam: Lunch = 1000/- 3rd bill – From Madhu: Goods Transport Agency = 3000/- In this case, The bills from Mr Ram and Mr Shyam will get covered under this notification as aggregate value of all supplies does not exceed 5000/- on a single date (01.07.2017). For the Third bill from Madhu Reverse cha

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GST payable over and above the value or from rupee 1? If the value of taxable supplies exceeds ₹ 5000 per day for all suppliers, then GST would be payable on the Total value of the supplies received from unregistered persons. Is this limit applicable to all supplies? The limit is applicable to only taxable supply of goods or services or both. Exempt supplies are out of the perview of this notification. Mr.

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om booking are exempt under Entry 14 of the exemption notification (12/2017). What if the supplies are procured from Interstate supply from unregistered? Benefit of this notification is available only for Intra State Purchase. If any transactions are done on an interstate basis the same are covered under the forward charge and in any case the reverse charge provisions are not applicable. Goods and services both inclusive 5000 or separate? Yes, the benefit is inclusive for all goods or services or both. What rate GST should be payable then? GST should be payable as per the

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5-f667-42a1-b518-cf75aac8907f >as the time of supply is invoice of payment whichever is earlier. We have compiled the daily expenses which would be liable to GST if procured from unregistered supplier as below:- Sr. No. Nature of Expenses GST Rate GST IMPACT / OTHER REMARKS Supplies from UR (RCM Applicable) No GST / NIL GST or EXEMPTED :- 1 Electricity Charges 0% Out of GST 2 Water Charges 0% Out of GST

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Tax levied by local body / other association out of GST 7 Rent Deposits 0% If adjusted with rent or forfeited – GST applicable 8 Other Deposits 0% If adjusted with other expenses or forfeited – GST applicable 9 Petrol Expense 0% Petrol & Diesel out of GST 10 Salary 0% Out of GST 11 Staff Amenities 0% Out of GST if in lieu of salary. 12 Gifts to Staff 0% Gifts by employer of value above ₹ 50000/- shall be liable to GST as outward supply. 13 Staff Mediclaim Contribution 0% Out of GST if in lieu of salary 14 Allowance & incentive to employees 0% Out of GST if in lieu of salary 15 Stamp & Registration Fees 0% If only a pure agent service – ensure GL balance Nil 16 Provision for Doubtful Debts 0% No credit /

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abour Welfare Fund Contribution 0% Out of GST 21 Staff Medical Expenses 0% Exployee service without any margin 22 Fine & Penalities by Government 0% Out of GST 23 Discounts – shown in bill 0% GST applicable is after all discount –

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ble / RCM supply of URD :- 34 Advertisement Charges 18% 35 Advetisement in Magazine, 18% 36 Advetisement in Media 18% 37 Discounts – after issue of invoice (Post supply discount) GST Impact Credit note has to be issued, liability will be reduced to extent of GST on discout. 38 Annual Maintenance Charges 18% 39 Bank Charges – Service charges recovered 18% 40

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r Training Expense 18% 57 Postage and Courier Charges 18% Subject to certain exemptions 58 Printing & Stationery(Flex Printing, Broad Printing, Notice Printing) 18% 59 Rates and Taxes Actuals Depends on case to case basis 60 Recruitment Expenses 18% 61 Rent Paid 18% 62 Rent Paid for Mess (Employees) 18% 63 Repair and Maintenance – Building / Electrical / P& M / Others 18% 64 RTO Expenses 18% or 28% 65 Sales Promotion – Others / SSI / Display 18% 66 Sponsorship services 18% Reverse Charge to Service Receiver – ITC can be availed 67 Security Charges 18% 68 Staff Recruitment 18% 69 Staff Training Expenses 18% 70 Staff Uniform Expenses 18% If a third party bill comes 71 Stationery Expenses 18% 72 Subscription & periodicals 18% 73 Telephone Charges 18% 74 Transportation Charges – GTA 5% 75 Traveling Expenses Interstate 5%/18% Services from Tour operators / Agencies 76 Traveling Expenses International 28% Note:- The above expense heads are for illustrative purpose only. The appli

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 2-8-2017 Last Replied Date:- 3-8-2017 – GST is now one month old and Government as well as other stakeholders face a testing and challenging timings ahead. While implementation issues will be there which are bound to be, and will also be sorted out at last, the Government including the all powered GST Council, Ministry of Corporate Affairs (MCA), Central Board of Direct Taxes (CBDT) and the Institute of Chartered Accountants of India (ICAI) ought to address the following issues, sooner the better: Scope of turnover in laws / enactments, viz, Companies Act, Income Tax Act and GST legislations. While up till now turnover comprised of sales turnover, GST now talk about turnover

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xcise duty as a tax on production or manufacture of goods will be no longer be there and it would no longer be a tax on sale or supply. This would make the figures non-comparable and result in reduction of top line of companies dealing in goods. The questions thus emerge for providing a solution are: Will the ICAI / MCA make necessary amends in the Standards / Companies Act to recognize 'supply' as revenue. How will companies account for and disclose supplies in books of accounts and financial statements? Will 'supplies' be considered as sales? How 'supplies not being sale' will be disclosed in financial statements Returns under Income Tax will be based on 'sales' where as returns under GST will be based on &

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ded to capture supply and to bring out clearly distinction between 'sale' and 'supply' Schedule III of the Companies Act, 2013 be amended to prescribe appropriate disclosure of 'supply which is not a sale', such supplies being an off balance sheet item Converge the definitions of turnover in all enactments GST may be levied only on 'sales' and not 'supplies'. The law of GST is already too complex to comprehend for all stakeholders including professionals and if this is not sorted out, it will create further complications for all including investors and breed litigation arising out of different interpretation by different tax collectors and regulators. – Reply By N Balachandran – The Reply = Sir, Is th

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Customs – PUBLIC NOTICE NO- 101/2017 – Dated:- 2-8-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS, NHAVA SHEVA-II EDI (Centralised) SECTION, JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, DIST: RAIGAD. PIN-400707 F.NO. S/12-Gen-Misc-151/17-18 DBK NS-II Date 02.08.2017 PUBLIC NOTICE NO- 101/2017 Subject: Implementation of GST in Customs-Changes in S/B Declaration-reg.- Attention of Importers/Exporters, Custom Brokers & Trade is invited to Public Notice -80/2017 dated 27.06.2017on the above subject. As you are aware, the higher All Industry Rates (AIRs) under Duty Drawback scheme viz. rates and caps available under columns (4) and (5) of the Schedule of All Industry Rates of Duty Drawback have been continued for a transition period of three m

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given under the Schedule to said Notification, accordingly in terms of the Section 75(3) of the Customs Act, 1962 and Rule 5(2) of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, it may be noted that the changes made in Note and Condition 12A shall be applicable w.e.f. 1.7.2017 itself. Thus, exports which have been made from 1.7.2017 onwards shall be governed by the revised Note and Condition 12A. For all exports made w.e.f 1.7.2017 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. In respect of exports that have already been made, exporters may submit a single declaration regarding

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GST – States – 02/2017-GST – Dated:- 2-8-2017 – Government of Bihar Commercial Taxes Department Office Order No.-02/2017-GST In exercise of the powers conferred by clause (91) of section 2 of the Bihar Goods and Services Tax Act, 2017 (12 of 2017) read with the provisions of sub-section (1) of Section 5 of the said Act and subject to sub-section (2) of section 5 of the said Act, the Commissioner, hereby assigns the officers mentioned in Column (2) of the Table below, the functions as the proper officers in relation to the various provisions of the Bihar Goods and Services Tax Act, 2017 or the rules made thereunder given in the corresponding entry in Column (3) of the said Table:- Table S.No. Designation of the officer Functions under Secti

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10 (ix) Rule 12 (x) Rules 16 and 17 (xi) Rule 19 (xii) Rules 22, 23, 24 and 25 (xiii) Sub-rule (4) of Rule 86 (xiv) Sub-rule (11) of Rule 87 (xv) Sub-rules (2) and (3) of Rule 90 (xvi) Sub-rules (2) and (3) of Rule 91 (xvii) Rules 92, 93 and 94 (xviii) Sub-rule (6) of Rule 96 4. Deputy Commissioner of Commercial Taxes, Assistant Commissioner of Commercial Taxes, Commercial Taxes Officer (i) Sub-section (5) of Section 10 (ii) Sub-section (6) of Section 35 (iii) Sections 60, 61, 62, 63, 64, 65 and 66 (iv) Section 68 (v) Sections 70, 71, 72, 73, 74, 75 and 76 (vi) Section 78 (vii) Section 79 except clauses (e) and (f) of sub-section (1) (viii) Sections 129 and 130 (ix) Section 142 (x) Sub-rules (4) and (5) of Rule 6 (xi) Sub-rule (6) and sub-

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GST – States – CCT’s Ref No. CS(1)/ 27/2017 – Dated:- 2-8-2017 – Office of the Commissioner of Commercial Taxes Telangana State :: Hyderabad CCT s Ref No. CS(1)/ 27/2017, Date. 02.08.2017 CIRCULAR Sub:-Goods and Services Tax – GST Readiness of VAT dealers migrated to GST – Obtaining certain information – Web form designed – Certain instructions issued – Reg. It has been decided to create, maintain and update certain data relating to GST readiness in respect of VAT dealers who have / are being migrated to GST, for further follow up in GST regime. Accordingly, a Web form (GST Readiness Input Form) has been designed in VATIS and made available in Officers logins since yesterday. In this regard, the following guidelines are issued for collecti

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y be obtained from all the LTU dealers and top 25 dealers of all circles. The data in respect of all other tables shall be obtained from all the dealers. To make it easy to obtain the information from the dealers, a separate Excel format will be prescribed shortly. The Deputy Commissioners (CT) may divide this item of work among the ACs / CTOs / DCTOs / ACTOs of the division so as to enable the work be completed within the stipulated time. Hence, all the Deputy Commissioners (CT) are hereby requested to issue suitable instructions to the Assistant Commissioners(CT)(LTU) and the Commercial Tax Officers of the circles under their control to obtain the data as required in the Input form, and ensure that the same is entered into VATIS as per th

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GST – States – Trade Circular No. 1 of 2017 – Dated:- 2-8-2017 – EXCISE AND TAXATION DEPARTMENT HIMACHAL PRADESH. TRADE CIRCULAR No. 12-4/78-EXN-Tax-Part-Shimla-09 Dated:02.08.2017 Trade Cir. No. 1 of 2017 Subject: Submission of Bond/Letter of Undertaking by the Exporter in respect of Exports without payment of Integrated Tax under IGST Act. Ref.:(1) Himachal Pradesh Goods and Services Tax Act, 2017. (2) The Integrated Goods and Services Tax Act, 2017. (3) The Himachal Pradesh Goods and Services Tax Rules, 2017. (4) Notification No. 16/2017 dated 7th July 2017 issued by Government of India, Ministry of Finance, Department of Revenue (Central Board of Excise and Customs. (5) Circular bearing No. 4/4/2017-GST dated 7th July 2017 issued Commissioner of GST (Central Board of Excise and Customs). Sir/Gentlemen/Madam, The Himachal Pradesh Goods and Services Tax Act, 2017, (hereinafter referred to as the HPGST Act ), the Central Goods and Services Tax Act, 2017, (hereinafter referred to as t

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und of integrated tax paid on export of goods or services can be availed by submission of bond or Letter of Undertaking in FORM GST RFD-011. 4. Any registered person availing the option to supply goods or services for export without payment of integrated tax is required to furnish, prior to export, a bond or a Letter of Undertaking in FORM GST RFD-11 to the jurisdictional Commissioner, binding himself to pay the tax due along with the interest specified under sub-section (1) of section 50 within a period of,- (a) fifteen days after the expiry of three months from the date of issue of the invoice for export, if the goods are not exported out of India; or (b) fifteen days after the expiry of one year, or such further period as may be allowed by the Commissioner, from the date of issue of the invoice for export, if the payment of such services is not received by the exporter in convertible foreign exchange. 5. As per the provisions of sub-rule (5) of aforesaid rules the State Government i

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resaid communications more particularly in the Para-7 of the aforesaid circular. For better understanding the said para is reproduced below: 7. It is further stated that the Bond / LUT shall be accepted by the jurisdiction over the principal place of business of the exporter. The exporter is at liberty to furnish the bond/LUT before Central Tax Authority or State Tax Authority till the administrative mechanism for assigning of taxpayers to respective authority is implemented. However, if in a State, the Commissioner of State Tax so directs, by general instruction, to exporter, the Bond/LUT in all cases be accepted by Central Tax officer till such time the said administrative mechanism is implemented Central Tax officers are directed to take every step to facilitate the exporters . 8. On this backdrop, in order to mitigate the issues involved in relation to fulfil the mandate of section 16 of the IGST Act and rule 96A of the HPGST Rules, it is hereby informed to the exporters in the Sta

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GST – States – 61/ST-2 – Dated:- 2-8-2017 – HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Notification The 2nd August, 2017 No.61/ST-2 – In exercise of the powers conferred by section 164 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017), the Governor of Haryana hereby makes the following rules further to amend the Haryana Goods and Services Tax Rules, 2017, namely:- 1. These rules may be called the Haryana Goods and Services Tax (Fourth Amendment) Rules, 2017. 2. In the Haryana Goods and Services Tax Rules, 2017 (hereinafter called the said rules), in rule 14, in sub-rule (2), for the words Central Government , the words State Government shall be substituted and shall be deemed to have been substituted with effect from the 22nd June, 2017; 3. In the said rules, in rule 24, in sub-rule (4), for the words within a period of thirty days from the appointed day , the words and figures on or before the 30th September, 2017 shall be substituted and shall be deemed to have bee

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said rules, in rule 46, in clause (l) and (m), the words Union Territory Tax , shall be omitted and shall be deemed to have been omitted with effect from the 1st July, 2017; 7. In the said rules, in rule 46, for the third proviso, the following proviso shall be substituted, namely:- Provided further that in the case of the export of goods or services, the invoice shall carry an endorsement SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS ON PAYMENT OF INTEGRATED TAX or SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX , as the case may be, and shall, in lieu of the details specified in clause (e), contain the following details, namely,- (i) name and address of the recipient; (ii) address of delivery; and (iii) name of the country of destination: ; 8. In the said rules, in rule 50, in clause (g) and (h), the words Union Territory Tax , shall be

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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 FORM GSTR-3B furnished in respect of the tax period; (b) the registered person shall modify Part B of the return in FORM GSTR-3 based on the discrepancies, if any, between the return in FORM GSTR-3B and the return in FORM GSTR-3 and discharge his tax and other liabilities, if any; (c) where the amount of input tax credit in FORM GSTR-3 exceeds the amount of input tax credit in terms of FORM GSTR-3B, the additional amount shall be credited to the electronic credit ledger of the registered person. . 11. In the said rules, in rule 83, in sub-rule (3), in the second proviso, for the word sub-section , the word sub-rule shall be substituted and shall be deemed to have been substituted with effect from the 1st July, 2017. 12. In the said ru

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Notification under Section 68(1) under the HGST Act, 2017 regarding the value of goods during movement. – GST – States – 65/ST-2 – Dated:- 2-8-2017 – HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Notification The 2nd August, 2017 No.65/ST-2.- In exercise of the powers conferred by section 68 of the Haryana Goods and Services Tax Act, 2017 (19 of 2017), the Governor of Haryana hereby specifies ten thousand rupees, as the value of any consignment of goods in a conveyance, exceeding which the p

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Issues related to Bond/Letter of Undertaking (LUT) for Export payment of Integrated Goods & Service Tax (IGST) – GST – States – F. No. AC/Export Cell/W-208/2017-18/879-82 – Dated:- 2-8-2017 – Office of the Special Commissioner (GST) Export/KCS Branch, Department of Trade & Taxes Govt. of NCT of Delhi 8th Floor, Vyapar Bhawan, I.P. Estate, New Delhi-1 10002 F. No. AC/Export Cell/W-208/2017-18/879-82 Dated :- 02/08/2017 Circular Subject – Issues related to Bond/Letter of Undertaking (LUT) for Export payment of Integrated Goods & Service Tax (IGST). Ref – Notification No. 16/2017 Central Tax dated 07-07-2017, Circular xo. 02/02/2017- GST dated 04-07-2017 and Circular No. 04/04/2017 GST dated 07-07-2017 issued by CBEC, Govt. of India. Communications have been received from the professionals and exporters on the issue of difficulties faced while supplying goods or services or exports without payment of integrated tax and filing the FORM GST RFD-11. Therefore, for the purpose of unif

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le for furnishing of FORM GST RFD-11 is available on the common portal. This has been also clarified vide Circular No. 02/02/2017-GST dated 04-07-2017 issued by the GST policy wing of Central Board of Excise and Customs, Govt. of India. 4. Further, circular number 04/04/2017-GST dated 07-07-2017 has also been issued by the GST policy wing of Central Board of Excise and Customs, Govt. of India wherein the procedure to accept the Bond/LUT has been provided. 5. The Exporter is at liberty to furnish the GST RFD-11 with Bond/LUT before Central Tax Authority or State Tax Authority' till the administrative mechanism for assigning of taxpayers to respective authority is implemented. 6. In this regard, to streamline the process of acceptance of GST RFD-11 with LUT/Bond the competent authority, Department of Trade & Taxes, Govt. of NCT of Delhi, has setup an Export Cell vide order No, 6815-22 dated 12-07-2017 to deal with Export under GST Act. Further the work of export is allocated alph

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ue. The acceptance letter for RFD-11 with bond shall be valid upto 31-03-2018 only. Thereafter, fresh acceptance letter will be issued after scrutiny. 3 FORM GST RFD-11 under rule 96A of the Delhi Goods and Services Tax Rules. 2017 required furnishing a bank guarantee with bond. In this regard it is decided that an exporter would furnish bond with bank guarantee equal to 15% of the Bond amount, to maintain uniformity as right now there is no mechanism to ascertain the track record of the exporters, with the Deptt. of Trade & Taxes, Delhi 4 It is directed that proper record of all such FORM GST RFD-11 along with Bond/Letter of Undertaking shall be maintained at the ward level. 5. It is further clarified that the FORM CJST RDF-11 with LUT/Bond will be received alongwith the following documents . I. FOR ACCEPTANCE OF FORM GST RFD-11 with LETTER OF UNDERTAKING (LUT)- A. The registered person/exporter will submit request letter on its letter head for acceptance of GST RFD-11 signed by t

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nimum of 10% of the export turnover, which should not be less than one crore rupees in the preceding financial year. The bank Certificate should specifically mentioned amount of Foreign Inward Remittance in Indian Currency during the year 2016-17 with name & GSTIN of applicant or Bank Realisation Certificate (verifiable from the DGFT site) showing that the exporter has received the due foreign inward remittances amounting to a minimum of 10% of the export turnover, which should not be less than one crore rupees in the preceding financial year. In case of bulk BRCs, copies of BRCs must accompanied with reconciliation table showing total of Foreign Inward Remittance in Indian Currency. (iv) Undertaking/declaration on letter head that he has not been prosecuted for any offence uner the Central Goods and Services Tax Act, 2017 (12 of 2017) or under any of the existing laws in case where the amount of tax evaded exceeds two hundred any fifty lakh rupees. v. Copy of GST Registration Cert

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ond (prescribed format available on www.cbec.gov.in) on ₹ 100/- Non judicial stamp paper dully signed by the proprietor/ partner/ director/ authorised signatory as the case maybe. The Bond would cover the amount of tax involved (which may be considered equivalent to IGST levied on such goods/ Services). iii. Copy of GST registration Certificate (Provisional /Permanent). iv. Copy of Certificate of Importer- Exporter Code (IEC) issued by Ministry of Commerce, Govt. of India. v. Copies of Returns (DVAT-16) of all four quarters 2016-17 or GSTR-3 of all months of the preceding year. vi. Bank guarantee of 15% of the Bond amount in the name of Commissioner (GST), State Tax. Department of Trade & Taxes, Govt. of NCT of Delhi. New Delhi (valid för One Year). vii. Export bill/invoice /Performa invoice. 6. No public dealing or receiving of RFD-11 or distribution of acceptance letters will be done on 13 floor, Export Cell/KCS Branch, Department of Trade & Taxes. Delhi. This issu

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Work contract services – Goods and Services Tax – Started By: – Vaishno Shukla – Dated:- 1-8-2017 Last Replied Date:- 2-8-2017 – Sir, I am work contractor of elecrical, engineering, errection commissi

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Goods and Services Tax – GST – Dated:- 1-8-2017 – Government has taken decision to organize workshops to make the people aware about Goods and Services Tax (GST). Both at the Central and States level have been organizing GST Awareness campaigns through workshops all across the country to spread awareness on GST. The workshops are being conducted in a town hall format all across the country by the field formations of CBEC, with power point presentations and resource material provided by National Academy of Customs, Indirect Taxes and Narcotics (NACIN). All field formations are involved in conducting these workshops, and even though a city-wise record is not maintained, an online portal has been especially created by the Directorate General

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Goods and Services Tax – GST – Dated:- 1-8-2017 – Government has set up two call centres being run for the purpose of catering to queries of taxpayers and stakeholders in GST. i. Call centre on GST Application software prepared by GSTN, is being run by GSTN. Phone number is 0120-4888999 and email id is helpdesk@gst.gov.in ii. CBEC Mitra Helpdesk for replying to queries related to GST is being run by CBEC. Phone number is 1800-1200-232 and email id is cbecmitra.helpdesk@icegate.gov.in The call c

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Goods and Services Tax – GST – Dated:- 1-8-2017 – The Government has received representations from small businesses relating to exemption from GST, reduction in applicable rates of GST, and product and area wise exemptions. The GST rates on supply of goods and services have been notified based on the recommendations of the GST Council. The tax rates on goods have been fixed taking into consideration, inter alia, the total indirect tax incidence on goods prior to GST, which included the central excise duty rates / embedded central excise duty incidence, VAT rates or weighted average VAT rates, embedded VAT incidence, cascading of VAT over excise duty, incidence on account of CST, Octroi, entry tax, etc. Keeping in view the interests of smal

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Goods and Services Tax – GST – Dated:- 1-8-2017 – Under the GST regime the applicable tax rate on passenger tickets for economy class has been reduced from 6% to 5% (non-creditable for goods). The tax rate for business and first class has been increased from 9% to 12% (with input tax creditable for both goods and services procured by airlines). With regard to the UDAN Scheme, the applicable tax would also be 5% (non-creditable for goods) on the value of the passenger ticket excluding the subsid

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Goods and Services Tax – GST – Dated:- 1-8-2017 – Question 1: How will imports be taxed under GST? Answer: All imports will be deemed as inter-State supplies for the purposes of levy of GST. IGST is leviable on imports in addition to other duties of customs. Full set-off will be available as ITC of the IGST paid on import on goods and services. Question 2: How will exports be treated under GST? Answer: All exports will be deemed as inter-State supplies. Exports of goods and services will be treated as zero rated supplies. The exporter has the option either to export under bond/Letter of Undertaking without payment of tax and claim refund of ITC or pay IGST by utilizing ITC or in cash at the time of export and claim refund of IGST paid. Question 3: How can IGST be paid? Answer: The IGST can be paid by utilizing ITC to the extent available and balance by cash. The use of ITC for payment of IGST will be done in the following order: ITC of IGST shall be used for payment of IGST first; Onc

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y unutilised input tax credit of inputs and input services at the end of any tax period except where (i) the goods exported out of India are subjected to export duty; or (ii) the exporter claims drawback of CGST or refund of IGST paid on such export. Question 6: What is the procedure for claiming refund by exporters? Answer: Refund can be claimed by filing an application electronically in prescribed form along with required documents through the Common Portal, either directly or through a Facilitation Centre notified by the Commissioner. The refundable amount shall be electronically credited to any of the bank accounts of the applicant mentioned in his registration particulars and as specified in the application for refund.For details Chapter X of the CGST Rules, 2017 relating to refund may be referred to. In case of refund of IGST, the shipping bill filed with the Customs is treated as an application for refund if the exporter has filed a valid return in Form GSTR-3/3B and the person

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: The principle of unjust enrichment is not applicable in case of exports of goods or services as the recipient is located outside the taxable territory. Question 9: Today under VAT/CST merchant exporters can purchase goods without payment of tax on furnishing of a declaration form. Will this system be there in GST? Answer: No, there is no such provision in GST. Tax will be payable on their inward supplies and they can claim refund of the accumulated ITC. Question 10: Whether goods sent by a taxable person to a job worker be treated as supply and will they be liable to GST? Answer: No, the goods sent by a registered person to a job worker is not a supply, as there is no transfer of title and no consideration for the goods is involved. In terms of section 143 of the CGST Act, 2017 a registered taxable person (the principal), after following the prescribed procedure,may send any inputs or capital goods, without payment of GST, to a job worker for job work and the principal shall either (

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ion 12: Whether exemption from all duties of Customs be available on imports under exemption schemes such as EPCG, Advance licence etc under GST regime? Answer: No. Exemption will be available only from Basic Customs Duty. IGST will be payable on such imports. However, the importer can avail ITC of IGST paid and utilise the same or claim refund in accordance with the provisions of the CGST Act, 2017 and rules made thereunder. Question 13: Can duty credit scrips received as incentive by exporters such as MEIS, SEIS etc be utilised for payment of all duties at the time of import? Answer: No, these scrips can be utilised only for payment of Basic Customs duty. IGST cannot be paid by utilising these scrips. Question 14: Will drawback at higher rate be available to handicraft exporters who do not avail Input Tax Credit (ITC) like presently available to those who do not avail CENVAT credit? Answer: No. There will be no difference in rate of Drawback for exporters not availing ITC in GST regi

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exhibition participation letter and no foreign exchange involved letter from the concerned bank for the purpose of exchange control requirements. At the time of re-import, identity of goods imported with export goods needs to be established to seek exemption from import duty in accordance with Customs provisions. IGST will be exempted at the time of re-import in view of exemptions granted under Customs. Question 17: Will an exporter be required to pay GST in case of goods procured from unregistered persons? Answer: In case of supply by an unregistered person, the registered person i.e., exporter shall be liable to pay GST under reverse charge mechanismfor purchases above five thousand rupees in a day. However the exporter can avail ITC of such GST paid and either utilise the ITC or claim refund of the same. Question 18: Will credit of duties be available on inputs and inputs contained in semi-finished goods/finished goods lying in stock of an exporter who was not registered under exist

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Goods and Services Tax – GST – Dated:- 1-8-2017 – Question 1: Can small mining leaseholders with a turnover less than ₹ 75 lacs operate under composition scheme? Answer: As per Sec. 10(1) of the CGST Act, 2017, a registered person whose aggregate turnover in the preceding FY did not exceed ₹ 75 lakhs, would be eligible for paying GST under the composition scheme. Question 2: What is the GST rate for minerals and ores in Composition Scheme? Answer: In a case where the process amounts to manufacture, the rate of tax will be 1% (CGST) and 1% (SGST/UTGST). In any other case, the rate will be ½% (CGST) and ½% (SGST/UTGST). Question 3: Will they have to deposit GST under SGST/ CGST heads separately? Answer: Yes. GST has to be paid separately under CGST and SGST/UTGST by generating a single challan through the common portal under a single return. Question 4: Can a small Mine Lease holder undertake inter-State supply if it avails composition scheme? Answer: No. If a

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echanism. Question 8: What is the threshold limit and conditions when a small mine owner/lease holder under Composition Scheme has to migrate into full GST System? Answer: As per section 10(3) of the CGST Act, 2017, the option availed of by the small mine owner/lease holder shall lapse with effect from the day on which his aggregate turnover during a financial year exceeds ₹ 75 lakhs. For details regarding other conditions, section 10 of the CGST Act, 2017 and the rules framed there under may be referred to. Question 9: Is the Return filing and compliance simpler under composition scheme? Answer: Yes, Return filing and compliance is simpler under the composition scheme. The registered person has to file only one return on a quarterly basis in Form GSTR-4. Question 10: Will the basic exemption limit from GST be applicable to the tiny & micro segment in mining? Answer: Yes, the basic exemption limit of ₹ 20 lakhs (Rs.10 lakhs in the case of special category States) is app

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unregistered person pay reverse tax? Answer: A registered person receiving taxable goods or services from a supplier who is not registered, would be liable to pay GST under reverse charge mechanism. However, in terms of notification no. 8/2017-Central Tax (rate) dated 28th June, 2017, aggregate value of supplies of goods and/or service received by a registered person from any or all the suppliers, who is or are not registered, upto five thousand rupees in a day is exempt from tax un­der reverse charge mechanism. This exemption will not apply if the value exceeds ₹ 5000/-. Question 13: Can a buyer of goods and services pay the value of services / goods to the supplier and deposit the GST component of the invoice in the supplier s account so that when the buyer claims input credit, he may get the same cross entry tallied from the supplier s account? Answer: No. This option is not available under GST Law. Question 14: In case there are disputes regarding quality, weight, etc. be

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e date of issue of invoice or the date of receipt of payment, whichever is earlier. Accordingly, GST would be payable on advance payment received prior to issuance of the invoice. Question 17: Will the supplier have to issue receipt voucher against each advance received? Answer: Yes, as per section 31(3)(d) of the CGST Act, 2017 the supplier has to issue a receipt voucher for every advance received. Question 18: How do I show the advance received in GSTR 1? Answer: Where against an advance the invoice is issued in the same tax period, the advance need not be shown separately in Form GSTR-1 but the specified details of invoice itself can be directly uploaded on the system. Details of all advances against which the invoices have not been issued till the end of the tax period shall have to be reported on a consolidated basis in Table 11 of Form GSTR-1. As and when the invoices against these advances are issued, they have to be declared in Form GSTR-1 and the adjustment of the tax paid on

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adjusted in totality. While raising the invoice subsequent to receipt of advance, the tax payable will get reduced by the amount of tax paid on the advance and balance amount of advance may be adjusted against future supplies. Question 21: Will GST charged on purchase of all earth moving machinery including JCB, tippers, dumpers by a mining company be allowed as input credit? Answer: The provision of Sec. 17(5) (a) of the CGST Act, 2017 restricts credit on motor vehicle for specified purposes listed therein. Further, in terms of the provision of Section 2(76) of the CGST Act, 2017 the expression motor vehicle shall have the same meaning as assigned to it in Clause (28) of Section 2 of the Motor Vehicle Act, 1988, which does not include the mining equipment, viz., tippers, dumpers. Thus, as per present provisions, the GST charged on purchase of earth moving machinery including tippers, dumpers used for transportation of goods by a mining company will be allowed as input credit. Question

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ing amount of unutilised input credit be refunded by the Government? Answer: In terms of the provision of Section 54(3) of the CGST Act, 2017 subject to conditions, refund of unutilized input tax credit would be available in respect of zero rated supply or where ITC has accumulated on account of rate of tax on inputs being higher than the rate of taxon the output supply. However, such refund of ITC would not be available if export duty is payable on the goods so exported out of India. Question 26. Will GST charged by tax consultants, advocates, Chartered Accountants, environmental consultants, canteen service providers and other service providers to mining companies be allowed as input credit? Answer: ITC on any input service/ inputs used in the course or furtherance of business would be available subject to restrictions and other conditions as per the provisions of Chapter-V of the CGST Act, 2017. However, tax paid in respect of canteen service providers shall not be available as cred

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o the buyer if otherwise available. The supplier of the mineral will also pay tax on reverse charge basis on the freight charged by the GTA and the credit of the same will be available to the supplier of the mineral. In case of an ex-works contract of supply, where the GTA service has been booked by the supplier at the instance of the buyer and the service is billed by the GTA to the buyer and the minerals are billed by the supplier of the mineral to the buyer, then GTA on reverse charge shall be paid by the buyer who shall be entitled to take credit of the same. The tax on the mineral will be paid on forward charge by the supplier of the mineral and credit will be available to the buyer if otherwise available. Question 29. Will the situation as mentioned above be different if the value of mineral is less than the cost of freight in long distance consignments? Answer: In the aforesaid example relating to FOR contract, the supply under the contract shall be classified as composite suppl

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ess shall be available. Question 32. Will the mining companies be eligible to take ITC for construction of townships, hospitals and schools? Answer: No. Mining companies will not be eligible for ITC on such activities even if used in course or furtherance of business. In this connection, the provisions contained in section 17(5) (c) of the CGST Act, 2017 refer. Question 33. Are minerals sent for export in processed or raw form fully exempted from payment of GST or IGST? Answer: In terms of the provision of Section 16(1) of the IGST Act, 2017 export of goods is considered as zero rated supply. Further, in terms of the provision of Section 16(3) of the IGST Act, 2017 a registered person may export goods (i) without payment of IGST against bond/letter of undertaking and claim refund of unutilised ITC, or (ii) on payment of IGST,utilising eligible ITC and claim refund of such IGST. Question 34. What is the procedure for return of goods under GST? Answer: In terms of Section 34(1) of the CG

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1) of CGST Act. 2017 is applicable on: a) Dept. or establishment of the Central Govt. or State Govt.; or b) Local authority; or c) Govt. agencies; or d) Such persons or category of persons as may be notified by the Govt. on the recommendations of the Council. Answer: TDS, under section 51 (1) of the CGST Act, 2017 will apply to supplies made to such agencies as may be mandated by the Government for TDS. As of now, this section has not been notified and therefore TDS is not applicable on any supplies. . Question 37. What is the requirement for E-way bill for companies operating in the sector? Answer: As per rule 138 of the CGST Rules, 2017, till such time as final rules are issued, the Government may, by notification, specify the documents that the person in-charge of a conveyance shall carry while the goods are in movement or in transit storage. As and when the new e-way bill rules are notified, the person transporting the goods shall carry the said e-way bill generated from the common

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sale/stock transfer under CST Act. The benefit of concessional rate/nil rate is available conditional upon production of the statutory forms. Therefore,allowing migration of the credit that has accrued on account of sale/stock transfer having been made on concessional rate/nil rate should be given only on production of the statutory forms. Even otherwise, the taxpayer would have claimed refund of this ITC and such refund would have been given only on production of the statutory forms. It has been presumed that forms for periods before April 15 would have either been presented or the State would have recovered the additional tax payable on account of non-production of statutory forms. Production of these forms is a statutory liability and the taxpayers have already availed the benefit. Question 40. Education Cess and S&H Education Cess carried forward in ER-1 – whether eligible for ITC under the CGST Act, 2017? Answer: No. Credit of Education Cess and SH Education Cess cannot be ca

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tinuous supply of goods? Answer: Such supplies are in the nature of continuous supply as the invoices are raised periodically. The individual dispatches may be covered under delivery challans and invoice may be issued for the supplies made during a period as per the contract. Question 45. In case of coal, the applicable Compensation Cess is a Fixed Amount of ₹ 400/- per MT. Under above situation, how such apportionment is possible since in case of FSA Sale, supply of different grade of coal as per availability of stock against single bulk receipt of Advance is to be adjusted? Answer: If tax rate is not determinable, the tax rate may be determined and paid on the amount of advance at 18%. Question 46. Whether Railway siding in mining industry exclusively utilized for effecting dispatch of taxable goodsvz.coal (i.e. directly used in the course or furtherance of business) will be treated as Plant and Machinery and ITC under GST will be allowed or treated as civil structure and ITC w

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Goods and Services Tax – Started By: – RameshBabu Kari – Dated:- 1-8-2017 Last Replied Date:- 4-9-2017 – Dear Experts,If we purchase from UNR person, received a bill for ₹ 4000, same day there was no others unregistered supplies made on that particular day. and another day he raised bill for 4500, same day no other transaction was made. like this he raised bill overal in a month amounts to ₹ 35,000/-. Does this transaction attracts RCM on consolidated basis on vendor wise on month e

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Goods and Services Tax – Started By: – Jayaraman Mani – Dated:- 1-8-2017 Last Replied Date:- 24-9-2017 – WE are rent a cab operator having billing customer at KM/Hours basis only passenger cars up to 7 seats capacityand also run Radio taxi for airport services. we have coded as 996412 SAC and charging 5% GST but NO ITCfor us. But some other travels says it should be 996601. But it is also 5% and not ITC. what is appropriate SAC code for our type of business mentioned above. – Reply By Rajagopal

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