Goods and Services Tax

Rule 153 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 153 – Attachment of interest in partnership.- 153. (1) Where the property to be attached consists of an interest of the defaulter, being a partner, in the partnership property, the proper officer may make an order charging the share of such partner in the partnership property and profits with payment of the amount due under the certificate, and may, by the same or subsequent order, appoint a receiver of

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Rule 152 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 152 – Attachment of property in custody of courts or Public Officer.- 152. Where the property to be attached is in the custody of any court or Public Officer, the proper officer shall send the order of attachment to such court or officer, requesting that such property, and any interest or dividend becoming payable thereon, may be held till the recovery of the amount payable. – Statutory Provisions, Acts,

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Rule 151 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 151 – Attachment of debts and shares, etc.- 151. (1) A debt not secured by a negotiable instrument, a share in a corporation, or other movable property not in the possession of the defaulter except for property deposited in, or in the custody of any court shall be attached by a written order in FORM GST DRC-16 prohibiting.- (a) in the case of a debt, the creditor from recovering the debt and the debtor f

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Assistance by police. – Rule 150 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 150 – Assistance by police.- 150. The proper officer may seek such assistance from t

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Rule 149 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 149 – Prohibition against sale on holidays.- 149. No sale under the rules under the provision of this chapt

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Prohibition against bidding or purchase by officer. – Rule 148 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 148 – Prohibition against bidding or purchase by offic

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Recovery by sale of movable or immovable property.- Rule 147 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 147 – Recovery by sale of movable or immovable property.- 147. (1) The proper officer shall prepare a list of movable and immovable property belonging to the defaulter, estimate their value as per the prevalent market price and issue an order of attachment or distraint and a notice for sale in FORM GST DRC- 16 prohibiting any transaction with regard to such movable and immovable property as may be required for the recovery of the amount due: Provided that the attachment of any property in a debt not secured by a negotiable instrument, a share in a corporation, or other movable property not in the possession of the defaulter except for property deposited in, or in the custody of any Court, shall be attached in the manner provided in rule 151. (2) The proper officer shall send a copy of the order of attachment or distraint to the concerned Revenu

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r, where the property to be sold is a negotiable instrument or a share in a corporation, the proper officer may, instead of selling it by public auction, sell such instrument or a share through a broker and the said broker shall deposit to the Government so much of the proceeds of such sale, reduced by his commission, as may be required for the discharge of the amount under recovery and pay the amount remaining, if any, to the owner of such instrument or a share. (6) The proper officer may specify the amount of pre-bid deposit to be furnished in the manner specified by such officer, to make the bidders eligible to participate in the auction, which may be returned to the unsuccessful bidders or, forfeited in case the successful bidder fails to make the payment of the full amount, as the case may be. (7) The last day for the submission of the bid or the date of the auction shall not be earlier than fifteen days from the date of issue of the notice referred to in sub-rule (4): Provided th

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ion of the defaulter on the said date, it was in his possession, not on his own account or as his own property, but on account of or in trust for any other person, or partly on his own account and partly on account of some other person, the proper officer shall make an order releasing the property, wholly or to such extent as he thinks fit, from attachment or distraint. (11) Where the proper officer is satisfied that the property was, on the said date, in the possession of the defaulter as his own property and not on account of any other person, or was in the possession of some other person in trust for him, or in the occupancy of a tenant or other person paying rent to him, the proper officer shall reject the claim and proceed with the process of sale through auction. (12) The proper officer shall issue a notice to the successful bidder in FORM GST DRC-11 requiring him to make the payment within a period of fifteen days from the date of such notice and after the said payment is made,

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Rule 146 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 146 – Recovery through execution of a decree, etc.- 146. Where any amount is payable to the defaulter in the execution of a decree of a civil court for the payment of money or for sale in the enforcement of a mortgage or charge, the proper officer shall send a request in FORM GST DRC- 15 to the said court and the court shall, subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), exe

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Rule 145 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 145 – Recovery from a third person.- 145. (1) The proper officer may serve upon a person referred to in clause (c) of sub-section (1) of section 79 (hereafter referred to in this rule as the third person ), a notice in FORM GST DRC-13 directing him to deposit the amount specified in the notice. (2) Where the third person makes the payment of the amount specified in the notice issued under sub-rule (1), t

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Rule 144 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 144 – Recovery by sale of goods under the control of proper officer.- 144. (1) Where any amount due from a defaulter is to be recovered by selling goods belonging to such person in accordance with the provisions of clause (b) of sub-section (1) of section 79, the proper officer shall prepare an inventory and estimate the market value of such goods and proceed to sell only so much of the goods as may be required for recovering the amount payable along with the administrative expenditure incurred on the recovery process. (2) The said goods shall be sold through a process of auction, including e-auction, for which a notice shall be issued in FORM GST D

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, as the case may be. (5) The proper officer shall issue a notice to the successful bidder in FORM GST DRC-11 requiring him to make the payment within a period of fifteen days from the date of auction. On payment of the full bid amount, the proper officer shall transfer the possession of the said goods to the successful bidder and issue a certificate in FORM GST DRC-12. (6) Where the defaulter pays the amount under recovery, including any expenses incurred on the process of recovery, before the issue of the notice under sub-rule (2), the proper officer shall cancel the process of auction and release the goods. (7) The proper officer shall cancel the process and proceed for re-auction where no bid is received or the auction is considered to

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Rule 143 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 143 – Recovery by deduction from any money owed.- 143. Where any amount payable by a person (hereafter referred to in this rule as the defaulter ) to the Government under any of the provisions of the Act or the rules made thereunder is not paid, the proper officer may require, in FORM GST DRC-09, a specified officer to deduct the amount from any money owing to such defaulter in accordance with the provis

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Rule 142 – Rules – DEMANDS AND RECOVERY – Central Goods and Services Tax Rules, 2017 – Rule 142 – CHAPTER – XVIII DEMANDS AND RECOVERY Notice and order for demand of amounts payable under the Act.- 142. (1) The proper officer shall serve, along with the (a) notice under sub-section (1) of section 73 or sub-section (1) of section 74 or sub-section (2) of section 76, a summary thereof electronically in FORM GST DRC-01, (b) statement under sub-section (3) of section 73 or sub-section (3) of section 74, a summary thereof electronically in FORM GST DRC-02, specifying therein the details of the amount payable. (2) Where, before the service of notice or statement, the person chargeable with tax makes payment of the tax and interest in accordance

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ST DRC-05 concluding the proceedings in respect of the said notice. (4) The representation referred to in sub-section (9) of section 73 or sub-section (9) of section 74 or sub-section (3) of section 76 shall be in FORM GST DRC-06. (5) A summary of the order issued under sub-section (9) of section 73 or sub-section (9) of section 74 3[or sub-section (12) of section 75] or sub-section (3) of section 76 2[or section 125] 1[or section 129 or section 130] shall be uploaded electronically in FORM GST DRC-07, specifying therein the amount of tax, interest and penalty payable by the person chargeable with tax. (6) The order referred to in sub-rule (5) shall be treated as the notice for recovery. (7) Any rectification of the order, in accordance wit

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Procedure in respect of seized goods.- Rule 141 – Rules – Inspection, Search and Seizure – Central Goods and Services Tax Rules, 2017 – Rule 141 – Procedure in respect of seized goods.- 141. (1) Where the goods or things seized are of perishable or hazardous nature, and if the taxable person pays an amount equivalent to the market price of such goods or things or the amount of tax, interest and penalty that is or may become payable by the taxable person, whichever is lower, such goods or, as the

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Rule 140 – Rules – Inspection, Search and Seizure – Central Goods and Services Tax Rules, 2017 – Rule 140 – Bond and security for release of seized goods.- 140. (1) The seized goods may be released on a provisional basis upon execution of a bond for the value of the goods in FORM GST INS-04 and furnishing of a security in the form of a bank guarantee equivalent to the amount of applicable tax, interest and penalty payable. Explanation.- For the purposes of the rules under the provisions of this

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Rule 139 – Rules – Inspection, Search and Seizure – Central Goods and Services Tax Rules, 2017 – Rule 139 – Chapter – XVII Inspection, Search and Seizure Inspection, search and seizure.- 1[139. (1) Where the proper officer not below the rank of a Joint Commissioner has reasons to believe that a place of business or any other place is to be visited for the purposes of inspection or search or, as the case may be, seizure in accordance with the provisions of section 67, he shall issue an authorisation in FORM GST INS-01 authorising any other officer subordinate to him to conduct the inspection or search or, as the case may be, seizure of goods, documents, books or things liable to confiscation. (2) Where any goods, documents, books or things

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Goods and Services Tax – Started By: – Kishan Barai – Dated:- 5-7-2017 Last Replied Date:- 16-7-2017 – My friend has a trading shop of tools & nut bolts, he registered in GST as his turn over was above 20,00,000 INR , now many small carpenter , garage owner , home decor biz came to his shop for purchasing tools & nut bolts & my friend billed them after a month. Every time when they come to buy he give them chalan with bill to be paid & they pay Complete bill with tax after a mon

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Rule 96A – Rules – Refund – Central Goods and Services Tax Rules, 2017 – Rule 96A – 1[96A. 4[Export] of goods or services under bond or Letter of Undertaking.- (1) Any registered person availing the option to supply goods or services for export without payment of integrated tax shall 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, 2[or such further period as may be allowed by the Commissioner,] from the date of issue of the invoice for export, if the goods are not exported out of India; or (b) fiftee

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1 for a tax period has been extended in exercise of the powers conferred under section 37 of the Act, the supplier shall furnish the information relating to exports as specified in Table 6A of FORM GSTR-1 after the return in FORM GSTR-3B has been furnished and the same shall be transmitted electronically by the common portal to the system designated by the Customs: Provided further that the information in Table 6A furnished under the first proviso shall be auto-drafted in FORM GSTR-1 for the said tax period.] (3) Where the goods are not exported within the time specified in sub-rule (1) and the registered person fails to pay the amount mentioned in the said sub-rule, the export as allowed under bond or Letter of Undertaking shall be withdra

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Goods and Services Tax – Started By: – sachin patil – Dated:- 5-7-2017 Last Replied Date:- 23-7-2017 – what is hsn code & gst rate for1. manufacturing pattern for foundry ( metal foundry) with material.2.manufacturing pattern for foundry ( metal foundry) without material.3.job work done on labour charges base( machining of automobile components batch qty.) – Reply By vk agarwal – The Reply = 1. For 1 , pl refer to CGST rate schedule under chapter 84. 2. For 2, it is a job-work and hence 18%

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whether consignment sales agent can opt for composition scheme – Goods and Services Tax – Started By: – vivek mb – Dated:- 5-7-2017 Last Replied Date:- 6-7-2017 – hi all whether subagent who is buying

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Section 149 – Madhya Pradesh SGST – MISCELLANEOUS – Madhya Pradesh Goods and Services Tax Act, 2017 – Section 149 – 149. Goods and services tax compliance rating. (1) Every registered person may be assigned a goods and services tax compliance rating score by the Government based on his record of compliance with the provisions of this Act. (2) The goods and services tax compliance rating score may be determined on the basis of such parameters as may be prescribed. (3) The goods and services tax

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Goods and Services Tax – GST – By: – V ALAGAPPAN – Dated:- 5-7-2017 – In the first list of GST rates for goods, there was a small confusion as cereals at SL.No: 10 was taxable at NIL rate, (other than those put up in their containers and bearing a Registered brand name) , but the rate for unit packed branded cereals was not given. But everybody came to a conclusion that packed cereals would be taxed at 5%. On the meeting held on 3rd June, 2017 the council fixed the rate at 5%. The following cereals fall under Chapter 10: 1001 Wheat and meslin 1002 Rye 1003 Barley 1004 Oats 1005 Maize (Corn) 1006 Rice 1007 Grain sorghum 1008 Bulk wheat, millet and canary seed, other cereals such as Jawar, Bajara, Ragi Now, tax on Rice has brought a lot of c

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antities were packed in plastic bags, not sealed and not containing preprinted quantities the same cannot be treated as unit container. Hence when quantity is preprinted, quantities packed are uniform and packing is sealed, GST is payable on rice. When pizza was packed in cartons and transported for delivery as per order it was held not as unit container. When pasta was packed in 10Kg packs and two such packs were packed in a large pack, it was held as unit packing. Also when pickles sold in sachets, containing predetermined quantity was held as unit packing. What is registered brand? As per the CBEC classification Fro.B-4/2/2001-TRU dated 02-03-2001 Registered Brand name means a brand name registered under the Trade and Merchandise Mark Ac

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Goods and Services Tax – GST – By: – Bimal jain – Dated:- 5-7-2017 – Dear Professional Colleague, Red-carpet entry of GST from July 1, 2017 and gist of the various GST Notifications India will now have one tax. GST is actually a Good and Simple Tax…… Hon ble Prime Minister, Shri Narendra Modi When the clock struck midnight on June 30, 2017, the Country India witnessed the biggest indirect tax reform namely Goods and Services Tax ( GST ) receiving a red carpet welcome in Parliament s Central Hall. It was a luxury welcome for the long-awaited GST, ending a 14-year struggle to enlist political support for a move that will replace around 17 federal and state levies and unify a country of 1.3 billion people into one of the world s biggest common markets. Today is indeed a memorable and historic day for Country India. Gist of the various GST Notifications: Recently, the Government has released various Notifications under CGST, UTGST and IGST for giving kick start to the mammot

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re than rupees one crore fifty lakhs and upto rupees five crores 2 More than rupees five crores 4 The Government has fixed the rate of interest for the following cases as mentioned in table below:- Serial No. Description Rate of Interest In case of non-payment of tax amount 18 In case of undue or excess claim of input tax credit or undue or excess reduction in output liability 24 In case refund is withheld and which as a result of appeal or further proceedings is sanctioned 6% In case of refund not granted within 60 days from the date of making application for refund 6% In case of refund not granted within 60 days from the date of receipt of application filed consequent to an order passed by an adjudicating authority or Appellate Authority or Appellate Tribunal or Court 9% The Government has prescribed the list for the goods on which GST is applicable on reverse charge basis. S.No. Tariff item, sub-heading, heading or Chapter Description of supply of Goods Supplier of goods Recipient o

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t of such supply from any or all the un-registered suppliers is upto ₹ 5,000 in a day. The registered person may issue a consolidated invoice at the end of a month for all supplies from unregistered suppliers covered under RCM, where the aggregate value of such supplies exceeds ₹ 5,000 from anyor all the suppliers. The Government has exempted intra-State supplies of second hand goods received by a registered person, dealing in buying and selling of second hand goods and who pays the GST on the value of outward supply of such second hand goods, from any supplier, who is not registered, from the whole of the tax leviable thereon under RCM. The Government has exempted intra-State supplies of goods/services received by a TDS deductor, from any supplier, who is not registered, from the whole of the tax leviable under RCM, subject to the condition that the deductor is not liable to be registered otherwise than under the category of mandatory registration The rate of tax on servic

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nsideration has been received after issuance of completion certificate. The word room tariff & room rent as mentioned in the rate schedules approved by the GST council has been replaced declared tariff . With effect of this amendment, the GST rate applicable on room rent shall be determined based on declared tariff. However, tax shall be levied on the transaction value. The Government notifies that in case of following categories of services, the GST on supplies shall be paid by the electronic commerce operator – Services by way of transportation of passengers by a radio-taxi, motorcab, maxicab and motor cycle Services by way of providing accommodation in hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes, except where the person supplying such service through electronic commerce operator is liable for registration under GST Act. 12. Rate of GST on fertilisers has been reduced from 12% to 5%. Hope the information will a

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Goods and Services Tax – GST – Dated:- 5-7-2017 – The Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh has said that the GST rollout and re-monetization are among the major bold initiatives of the Central Government. Addressing the 43rd Advanced Professional Programme in Public Administration organized by the Indian Institute of Public Administration (IIPA) here yesterday with the support of Department of Personnel & Training (DoPT), he said these initiatives could be carried forward successfully because of the people s faith in the sincerity and commitment of the Prime Minister Shri Narendra Modi. In

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his would be to their benefit and help the future of their children. Dr Jitendra Singh said that any future agenda or policy planning will have to be based on the aspirations of the youth of the country. He also suggested that the training programmes in Public Administration should keep on board youth representatives whose inputs could determine the agenda, both for governance as well as public service. Living up to the pragmatism and aspiration of New India , Dr Jitendra Singh said, the Central Government has scrapped nearly 1,500 such rules and laws, which had turned obsolete and were no longer relevant. At the same time, to make governance more youth centric, revolutionary decisions like self-attestation of certificates and abolition of

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Goods and Services Tax – GST – Dated:- 5-7-2017 – Department of Revenue, Government of India and the Central Board of Excise & Customs (CBEC) are organizing GST- Ki -Master Class for six days, as per the following schedule – S. No. Topic Date & Time Hindi English 1 Registration and Migration 1630 hrs to 1730 hrs on 06/07/2017 1630 hrs to 1730 hrs on 10/07/2017 2 Transition and Invoice Making 1630 hrs to 1730 hrs on 07/07/2017 1630 hrs to 1730 hrs on 11/07/2017 3 Composition and Record K

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Sample goods Sale – Goods and Services Tax – Started By: – jay mataji – Dated:- 5-7-2017 Last Replied Date:- 5-7-2017 – How to issue sample goods sale invoice?Is it covered under reverse charge?Who wi

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