Goods and Services Tax

Rule 44 – Rules – Input Tax Credit – Central Goods and Services Tax Rules, 2017 – Rule 44 – 44. Manner of reversal of credit under special circumstances.- (1) The amount of input tax credit relating to inputs held in stock, inputs contained in semi-finished and finished goods held in stock, and capital goods held in stock shall, for the purposes of sub-section (4) of section 18 or sub-section (5) of section 29, be determined in the following manner, namely,- (a) for inputs held in stock and inputs contained in semi-finished and finished goods held in stock, the input tax credit shall be calculated proportionately on the basis of the corresponding invoices on which credit had been availed by the registered taxable person on such inputs; (b)

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nt under sub-rule (1) based on the prevailing market price of the goods on the effective date of the occurrence of any of the events specified in sub-section (4) of section 18 or, as the case may be, sub-section (5) of section 29.] (4) The amount determined under sub-rule (1) shall form part of the output tax liability of the registered person and the details of the amount shall be furnished in FORM GST ITC- 03, where such amount relates to any event specified in sub-section (4) of section 18 and in FORM GSTR-10, where such amount relates to the cancellation of registration. (5) The details furnished in accordance with sub-rule (3) shall be duly certified by a practicing chartered accountant or cost accountant. (6) The amount of input tax c

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no. 15/2017 dated 1.7.2017, w.e.f. 1st day of July, 2017 before it was read as, "(2)" 3. Substituted vide notification no. 15/2017 dated 1.7.2017, w.e.f. 1st day of July, 2017 before it was read as, "IGST and CGST" 4. Substituted vide Not. 17/2017 – Dated 27-7-2017, w.e.f. 1st July, 2017 before it was read as, "(2) The amount, as specified in sub-rule (1) shall be determined separately for input tax credit of 1[central tax, State tax, Union territory tax and integrated tax]. 2[(3)] Where the tax invoices related to the inputs held in stock are not available, the registered person shall estimate the amount under sub-rule (1) based on the prevailing market price of the goods on the effective date of the occurrence of

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Rule 43 – Rules – Input Tax Credit – Central Goods and Services Tax Rules, 2017 – Rule 43 – 43. Manner of determination of input tax credit in respect of capital goods and reversal thereof in certain cases.- (1) Subject to the provisions of sub-section (3) of section 16, the input tax credit in respect of capital goods, which attract the provisions of sub-sections (1) and (2) of section 17, being partly used for the purposes of business and partly for other purposes, or partly used for effecting taxable supplies including zero rated supplies and partly for effecting exempt supplies, shall be attributed to the purposes of business or for effecting taxable supplies in the following manner, namely,- (a) the amount of input tax in respect of capital goods used or intended to be used exclusively for non-business purposes or used or intended to be used exclusively for effecting exempt supplies shall be indicated in FORM GSTR-2 and shall not be credited to his electronic credit ledger; (b) t

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is subsequently covered under this clause. (d) the aggregate of the amounts of A credited to the electronic credit ledger under clause (c), to be denoted as Tc , shall be the common credit in respect of capital goods for a tax period: Provided that where any capital goods earlier covered under clause (b) is subsequently covered under clause (c), the value of A arrived at by reducing the input tax at the rate of five percentage points for every quarter or part thereof shall be added to the aggregate value Tc ; (e) the amount of input tax credit attributable to a tax period on common capital goods during their useful life, be denoted as Tm and calculated as- Tm= Tc÷60 (f) the amount of input tax credit, at the beginning of a tax period, on all common capital goods whose useful life remains during the tax period, be denoted as Tr and shall be the aggregate of Tm for all such capital goods; (g) the amount of common credit attributable towards exempted supplies, be denoted as Te , a

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ncerned capital goods, be added to the output tax liability of the person making such claim of credit. (2) The amount Te shall be computed separately for central tax, State tax, Union territory tax and integrated tax. 2[Explanation:-For the purposes of rule 42 and this rule, it is hereby clarified that the aggregate value of exempt supplies shall exclude:- 4[*******] (b) the value of services by way of accepting deposits, extending loans or advances in so far as the consideration is represented by way of interest or discount, except in case of a banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances; and (c) the value of supply of services by way of transportation of goods by a vessel from the customs station of clearance in India to a place outside India. ******************** Notes:- 1. Inserted vide notification no. 55/2017 dated 15-11-2017 2. Substituted vide Notifi

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Rule 42 – Rules – Input Tax Credit – Central Goods and Services Tax Rules, 2017 – Rule 42 – 42. Manner of determination of input tax credit in respect of inputs or input services and reversal thereof.- (1) The input tax credit in respect of inputs or input services, which attract the provisions of sub-section (1) or sub-section (2) of section 17, being partly used for the purposes of business and partly for other purposes, or partly used for effecting taxable supplies including zero rated supplies and partly for effecting exempt supplies, shall be attributed to the purposes of business or for effecting taxable supplies in the following manner, namely,- (a) the total input tax involved on inputs and input services in a tax period, be denoted as T ; (b) the amount of input tax, out of T , attributable to inputs and input services intended to be used exclusively for the purposes other than business, be denoted as T1 ; (c) the amount of input tax, out of T , attributable to inputs and inp

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culated as- D1= (E÷F) × C2 where, E is the aggregate value of exempt supplies during the tax period, and F is the total turnover in the State of the registered person during the tax period: Provided that where the registered person does not have any turnover during the said tax period or the aforesaid information is not available, the value of E/F shall be calculated by taking values of E and F of the last tax period for which the details of such turnover are available, previous to the month during which the said value of E/F is to be calculated; Explanation: For the purposes of this clause, it is hereby clarified that the aggregate value of exempt supplies and the total turnover shall exclude the amount of any duty or tax levied under entry 84 1[and entry 92A] of List I of the Seventh Schedule to the Constitution and entry 51 and 54 of List II of the said Schedule; (j) the amount of credit attributable to non-business purposes if common inputs and input services are used

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nput services shall be included in T4 . (2) The input tax credit determined under sub-rule (1) shall be calculated finally for the financial year before the due date for furnishing of the return for the month of September following the end of the financial year to which such credit relates, in the manner specified in the said sub-rule and- (a) where the aggregate of the amounts calculated finally in respect of D1 and D2 exceeds the aggregate of the amounts determined under sub-rule (1) in respect of D1 and D2 , such excess shall be added to the output tax liability of the registered person in the month not later than the month of September following the end of the financial year to which such credit relates and the said person shall be liable to pay interest on the said excess amount at the rate specified in sub-section (1) of section 50 for the period starting from the first day of April of the succeeding financial year till the date of payment; or (b) where the aggregate of the amoun

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Rule 41 – Rules – Input Tax Credit – Central Goods and Services Tax Rules, 2017 – Rule 41 – 41. Transfer of credit on sale, merger, amalgamation, lease or transfer of a business.- (1) A registered person shall, in the event of sale, merger, de-merger, amalgamation, lease or transfer or change in the ownership of business for any reason, furnish the details of sale, merger, de-merger, amalgamation, lease or transfer of business, in FORM GST ITC-02, electronically on the common portal along with

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Rule 40 – Rules – Input Tax Credit – Central Goods and Services Tax Rules, 2017 – Rule 40 – 40. Manner of claiming credit in special circumstances.- (1) The input tax credit claimed in accordance with the provisions of sub-section (1) of section 18 on the inputs held in stock or inputs contained in semi-finished or finished goods held in stock, or the credit claimed on capital goods in accordance with the provisions of clauses (c) and (d) of the said sub-section, shall be subject to the following conditions, namely,- (a) the input tax credit on capital goods, in terms of clauses (c) and (d) of sub-section (1) of section 18, shall be claimed after reducing the tax paid on such capital goods by five percentage points per quarter of a year or

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he declaration under clause (b) shall clearly specify the details relating to the inputs held in stock or inputs contained in semi-finished or finished goods held in stock, or as the case may be, capital goods- (i) on the day immediately preceding the date from which he becomes liable to pay tax under the provisions of the Act, in the case of a claim under clause (a) of sub-section (1) of section 18; (ii) on the day immediately preceding the date of the grant of registration, in the case of a claim under clause (b) of sub-section (1) of section 18; (iii) on the day immediately preceding the date from which he becomes liable to pay tax under section 9, in the case of a claim under clause (c) of sub-section (1) of section 18; (iv) on the day

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The amount of credit in the case of supply of capital goods or plant and machinery, for the purposes of sub-section (6) of section 18, shall be calculated by reducing the input tax on the said goods at the rate of five percentage points for every quarter or part thereof from the date of the issue of the invoice for such goods. ********************* Notes: 1. Substituted vide notification no. 22/2017 dated 17.8.2017, before it was read as, " (b) the registered person shall within a period of thirty days from the date of his becoming eligible to avail the input tax credit under sub-section (1) of section 18 shall make a declaration, electronically, on the common portal in FORM GST ITC- 01 to the effect that he is eligible to avail the i

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Rule 39 – Rules – Input Tax Credit – Central Goods and Services Tax Rules, 2017 – Rule 39 – 39. Procedure for distribution of input tax credit by Input Service Distributor.- (1) An Input Service Distributor shall distribute input tax credit in the manner and subject to the following conditions, namely,- (a) the input tax credit available for distribution in a month shall be distributed in the same month and the details thereof shall be furnished in FORM GSTR-6 in accordance with the provisions of Chapter VIII of these rules; (b) the Input Service Distributor shall, in accordance with the provisions of clause (d), separately distribute the amount of ineligible input tax credit (ineligible under the provisions of sub-section (5) of section 17 or otherwise) and the amount of eligible input tax credit; (c) the input tax credit on account of central tax, State tax, Union territory tax and integrated tax shall be distributed separately in accordance with the provisions of clause (d); (d) th

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of central tax and State tax or Union territory tax shall- (i) in respect of a recipient located in the same State or Union territory in which the Input Service Distributor is located, be distributed as input tax credit of central tax and State tax or Union territory tax respectively; (ii) in respect of a recipient located in a State or Union territory other than that of the Input Service Distributor, be distributed as integrated tax and the amount to be so distributed shall be equal to the aggregate of the amount of input tax credit of central tax and State tax or Union territory tax that qualifies for distribution to such recipient in accordance with clause (d); (g) the Input Service Distributor shall issue an Input Service Distributor invoice, as prescribed in sub-rule (1) of rule 54, clearly indicating in such invoice that it is issued only for distribution of input tax credit; (h) the Input Service Distributor shall issue an Input Service Distributor credit note, as prescribed in

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included in the return in FORM GSTR-6; or (ii) added to the output tax liability of the recipient where the amount so apportioned is in the negative by virtue of the amount of credit under distribution being less than the amount to be adjusted. (2) If the amount of input tax credit distributed by an Input Service Distributor is reduced later on for any other reason for any of the recipients, including that it was distributed to a wrong recipient by the Input Service Distributor, the process specified in clause (j) of subrule (1) shall apply, mutatis mutandis, for reduction of credit. (3) Subject to sub-rule (2), the Input Service Distributor shall, on the basis of the Input Service Distributor credit note specified in clause (h) of sub-rule (1), issue an Input Service Distributor invoice to the recipient entitled to such credit and include the Input Service Distributor credit note and the Input Service Distributor invoice in the return in FORM GSTR-6 for the month in which such credit

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Rule 38 – Rules – Input Tax Credit – Central Goods and Services Tax Rules, 2017 – Rule 38 – 38. Claim of credit by a banking company or a financial institution.- A banking company or a financial institution, including a non-banking financial company, engaged in the supply of services by way of accepting deposits or extending loans or advances that chooses not to comply with the provisions of sub-section (2) of section 17, in accordance with the option permitted under sub-section (4) of that sec

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Rule 37 – Rules – Input Tax Credit – Central Goods and Services Tax Rules, 2017 – Rule 37 – 37. Reversal of input tax credit in the case of non-payment of consideration.- (1) A registered person, who has availed of input tax credit on any inward supply of goods or services or both, but fails to pay to the supplier thereof, the value of such supply along with the tax payable thereon, within the time limit specified in the second proviso to sub-section (2) of section 16, shall furnish the details of such supply, the amount of value not paid and the amount of input tax credit availed of proportionate to such amount not paid to the supplier in FORM GSTR-2 for the month immediately following the period of one hundred and eighty days from the da

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Rule 36 – Rules – Input Tax Credit – Central Goods and Services Tax Rules, 2017 – Rule 36 – Chapter V Input Tax Credit 36. Documentary requirements and conditions for claiming input tax credit.- (1) The input tax credit shall be availed by a registered person, including the Input Service Distributor, on the basis of any of the following documents, namely,- (a) an invoice issued by the supplier of goods or services or both in accordance with the provisions of section 31; (b) an invoice issued in accordance with the provisions of clause (f) of sub-section (3) of section 31, subject to the payment of tax; (c) a debit note issued by a supplier in accordance with the provisions of section 34; (d) a bill of entry or any similar document prescrib

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Rule 35 – Rules – Determination of Value of Supply – Central Goods and Services Tax Rules, 2017 – Rule 35 – 35. Value of supply inclusive of integrated tax, central tax, State tax, Union territory tax.- Where the value of supply is inclusive of integrated tax or, as the case may be, central tax, State tax, Union territory tax, the tax amount shall be determined in the following manner, namely,- Tax amount = (Value inclusive of taxes X tax rate in % of IGST or, as the case may be, CGST, SGST or UTGST) ÷ (100+ sum of tax rates, as applicable, in %) Explanation.- For the purposes of the provisions of this Chapter, the expressions- (a) open market value of a supply of goods or services or both means the full value in money, excluding th

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Rule 34 – Rules – Determination of Value of Supply – Central Goods and Services Tax Rules, 2017 – Rule 34 – 1[34. Rate of exchange of currency, other than Indian rupees, for determination of value.-(1) The rate of exchange for determination of value of taxable goods shall be the applicable rate of exchange as notified by the Board under section 14 of the Customs Act, 1962 for the date of time of supply of such goods in terms of section 12 of the Act. (2) The rate of exchange for determination o

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Rule 33 – Rules – Determination of Value of Supply – Central Goods and Services Tax Rules, 2017 – Rule 33 – 33. Value of supply of services in case of pure agent.- Notwithstanding anything contained in the provisions of this Chapter, the expenditure or costs incurred by a supplier as a pure agent of the recipient of supply shall be excluded from the value of supply, if all the following conditions are satisfied, namely,- (i) the supplier acts as a pure agent of the recipient of the supply, when he makes the payment to the third party on authorisation by such recipient; (ii) the payment made by the pure agent on behalf of the recipient of supply has been separately indicated in the invoice issued by the pure agent to the recipient of servic

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Rule 32 – Rules – Determination of Value of Supply – Central Goods and Services Tax Rules, 2017 – Rule 32 – 32. Determination of value in respect of certain supplies.- (1) Notwithstanding anything contained in the provisions of this Chapter, the value in respect of supplies specified below shall, at the option of the supplier, be determined in the manner provided hereinafter. (2) The value of supply of services in relation to the purchase or sale of foreign currency, including money changing, shall be determined by the supplier of services in the following manner, namely:- (a) for a currency, when exchanged from, or to, Indian Rupees, the value shall be equal to the difference in the buying rate or the selling rate, as the case may be, and the Reserve Bank of India reference rate for that currency at that time, multiplied by the total units of currency: Provided that in case where the Reserve Bank of India reference rate for a currency is not available, the value shall be one per cent

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rupees and half of a per cent. of the gross amount of currency exchanged for an amount exceeding one lakh rupees and up to ten lakh rupees; and (iii) five thousand and five hundred rupees and one tenth of a per cent. of the gross amount of currency exchanged for an amount exceeding ten lakh rupees, subject to a maximum amount of sixty thousand rupees. (3) The value of the supply of services in relation to booking of tickets for travel by air provided by an air travel agent shall be deemed to be an amount calculated at the rate of five per cent. of the basic fare in the case of domestic bookings, and at the rate of ten per cent. of the basic fare in the case of international bookings of passage for travel by air. Explanation.- For the purposes of this sub-rule, the expression basic fare means that part of the air fare on which commission is normally paid to the air travel agent by the airlines. (4) The value of supply of services in relation to life insurance business shall be,- (a) the

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ds, the value of supply shall be the difference between the selling price and the purchase price and where the value of such supply is negative, it shall be ignored: Provided that the purchase value of goods repossessed from a defaulting borrower, who is not registered, for the purpose of recovery of a loan or debt shall be deemed to be the purchase price of such goods by the defaulting borrower reduced by five percentage points for every quarter or part thereof, between the date of purchase and the date of disposal by the person making such repossession. (6) The value of a token, or a voucher, or a coupon, or a stamp (other than postage stamp) which is redeemable against a supply of goods or services or both shall be equal to the money value of the goods or services or both redeemable against such token, voucher, coupon, or stamp. (7) The value of taxable services provided by such class of service providers as may be notified by the Government, on the recommendations of the Council, a

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Rule 31 – Rules – Determination of Value of Supply – Central Goods and Services Tax Rules, 2017 – Rule 31 – 31. Residual method for determination of value of supply of goods or services or both.- Where the value of supply of goods or services or both cannot be determined under rules 27 to 30, the same shall be determined using reasonable means consistent with the principles and the general provisions of section 15 and the provisions of this Chapter: Provided that in the case of supply of servic

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Rule 30 – Rules – Determination of Value of Supply – Central Goods and Services Tax Rules, 2017 – Rule 30 – 30. Value of supply of goods or services or both based on cost.- Where the value of a supply of goods or services or both is not determinable by any of the preceding rules of this Chapter, the value shall be one hundred and ten percent of the cost of production or manufacture or the cost of acquisition of such goods or the cost of provision of such services. – Statutory Provisions, Acts,

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Rule 29 – Rules – Determination of Value of Supply – Central Goods and Services Tax Rules, 2017 – Rule 29 – 29. Value of supply of goods made or received through an agent.- The value of supply of goods between the principal and his agent shall- (a) be the open market value of the goods being supplied, or at the option of the supplier, be ninety per cent. of the price charged for the supply of goods of like kind and quality by the recipient to his customer not being a related person, where the g

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Rule 28 – Rules – Determination of Value of Supply – Central Goods and Services Tax Rules, 2017 – Rule 28 – 28. Value of supply of goods or services or both between distinct or related persons, other than through an agent.- The value of the supply of goods or services or both between distinct persons as specified in sub-section (4) and (5) of section 25 or where the supplier and recipient are related, other than where the supply is made through an agent, shall- (a) be the open market value of s

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Goods and Services Tax – Started By: – Narendra Soni – Dated:- 29-6-2017 Last Replied Date:- 23-7-2017 – Dear Experts,Delivery challan is issued by consigner (Principal) is prescribed in GST act/rules, but what document will be issued by consignee (Job worker) at the time of returning the processed material to Principal. As there is no such type of detail is provided in delivery challan as was mentioned in existing excise law.URGENT response is requested. – Reply By vk agarwal – The Reply = if

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Rule 27 – Rules – Determination of Value of Supply – Central Goods and Services Tax Rules, 2017 – Rule 27 – Chapter IV Determination of Value of Supply 27. Value of supply of goods or services where the consideration is not wholly in money.- Where the supply of goods or services is for a consideration not wholly in money, the value of the supply shall,- (a) be the open market value of such supply; (b) if the open market value is not available under clause (a), be the sum total of consideration in money and any such further amount in money as is equivalent to the consideration not in money, if such amount is known at the time of supply; (c) if the value of supply is not determinable under clause (a) or clause (b), be the value of supply of

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Goods and Services Tax – Started By: – parmender kochar – Dated:- 29-6-2017 Last Replied Date:- 29-6-2017 – We are a C&F agent offering Door to Door services including Customs Clearance, Loading, Unloading & Transportation, Can we fall under Composite Supply & charge 18% GST & can claim ITC for our Truck's Tyres, Spares ETC ? Or we will stay as GTA with no ITC – Reply By KASTURI SETHI – The Reply = In my view, it is composite supply. It is important to know the difference between composite supply and mixed supply. Difference between both terms is given in TMI's FAQ which extracted below for convenience:- Composite supply is a supply consisting of two or more taxable supplies of goods or services or both or any combi

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Customs – PUBLIC NOTICE – 78/2017 – Dated:- 29-6-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS(EXPORT-I), MUMBAI ZONE – I, NEW CUSTOM HOUSE, BALLARD ESTATE, MUMBAI- 400 001. F. No. EDI/Misc-82/2015 NCH Date: 29.06.2017 PUBLIC NOTICE – 78/2017 Subject: Reg. To ensure smooth implementation of GST in Customs and extend all possible facilitation to trade, industry & other stakeholders, a helpdesk team consisting of senior officers is constituted at NCH to attend on urgent basis any issue/problem and provide guidance on any of the following areas of work mentioned in PN 71/2017, 72/2017 & 76/2017. i. Bills of Entry related issues ii. Shipping Bill and GSTIN Entry identification iii. Export Invoice term & Item iv. Change in Drawback

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y.Commisioner 9491382741 4 Rasaal Dwivedi Dy.Commissioner 9990677788 5 Veeramuthu Dy.Commissioner 8291404499 6 Gyan Prakash Appraiser 9757031564 7 Pankaj Jain Appraiser 9920483060 8 Neeraj Pandey Appraiser 7506188148 9 V.I.Singh Appraiser 9892810910 TEAM 2 S.N. Name Of Officer (Mr/Ms) Designation Contact No. 1 Reena Dash Dy.Commissioner 9619103996 2 M.K.Meena Dy.Commissioner 8879650295 3 Rupak Kumar Dy.Commissioner 9711897331 4 A.V.Redekar Asstt. Commissioner 9892333644 5 K.H.Khairaz Asstt. Commissioner 9821310134 6 Rajiv Kakeri Appraiser 9004045323 7 Rajesh Pamnani Appraiser 8087058066 8 B. George Appraiser 9870555478 9 Hemlata Suryavanshi Appraiser 9619047414 All the admin incharge of Import/Export Docks DC/ACs are being included in the a

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Customs – PUBLIC NOTICE NO. 33/2017 – Dated:- 29-6-2017 – GOVERNMENT OF INDIA OFFICE OF THE COMMISSIONER OF CUSTOMS (AIR PORT & ADMIN.) CUSTOM HOUSE 15/1 STRAND ROAD. KOLKATA- 700001 F. No. S51-12/2017C0-ords date: 29-06-2017 PUBLIC NOTICE NO. 33/2017 Subject: Reg. Attention of all concerned is invited towards the roll out of GST in India with effect from In this regard, several changes are anticipated in BE/SB declarations in alignment with. proposed GST implementation. 2. Currently in IC

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Customs – PUBLIC NOTICE NO. 34/2017 – Dated:- 29-6-2017 – GOVERNMENT OF INDIA OFFICE OF COMMISSIONER OF CUSTOMS (AIR PORT & ADMIN.) CUSTOM HOUSE 15/1 STRAND ROAD. KOLKATA- 700001 F. No. S51-12/2017Co-ord. Date 29-06-2017 PUBLIC NOTICE NO. 34/2017 Subject: GST roll out and preparation thereof-reg. Attention of all concerned is invited that the GST set to be rolled out on 1st july 2017, the final phase of preparation for its implementation is in full swing. Customs too has a major stake in the early implementation of GST as IGST would begin to be levied on the imports from the very first day, the credit of which shall be available to the importers. Similarly, the refund on export of goods is contingent upon filing of (a) shipping bill accompanied by the GST invoice and (b) export general manifest. Changes in Customs law and procedure are accompanied by changes in the EDI system so as to effectively implement the IGST law from 01-07-2017. The changes are broadly in the following area

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ices tax on all inter- State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 of the Central Goods and Services Tax Act and at such rates, not exceeding forty per cent, as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person: Provided that the integrated tax on goods imported into India shall be levied and collected in accordance with the provisions of section 3 of the Customs Tariff Act, 1975 on the value as determined under the said Act at the point when duties of customs are levied on the said goods under section 12 of the Customs Act, 1962. 2. Thus, with effect from 01.07.2017, all imported goods shall attract IGST (and compensation cess, wherever applicable) in addition to the Customs duties such as Basic Customs Duty etc. However, the levy of CVD and SAD shall cease to exist on i

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anding anything contained in section 14 of the Customs Act, 1962, be the aggregate of- (a) the value of the imported article determined under sub-section (1) of section 14 of the Customs Act, 1962 or the tariff value of such article fixed under sub-section (2) of that section, as the case may be: and (b) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include the tax referred to in sub-section (7) or the cess referred to in sub-section(9). (9) Any article which is imported into India shall, in addition, be liable to the goods and services tax compensation cess at such rate, as is leviable under section 8 of the Goods and Services Tax (Compensation to States) Cess Act, 2017 on a like article on its supply in India, on the value of the imported article as determined under subsection (10). (

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that are being subsumed, replaced or repealed. In this context, it is further requested that the fine- print of Taxation Laws (Amendment) Act, 2017 is read by field officers in detail. Customs ICES 1.5 application is also being modified to ensure that the new levies are applied and collected on all the imports from July 1st. Changes in Bill of Entry and Shi in Bill Forms! 4. 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 Forms, both Manual and EDI, have been suitably modified and all such modified forms are available on the official website of C BEC (www.cbec.gov.in). All importers, exporters, Customs Brokers, Customs clearance software providers and other stakeholders are advised to get themselves familiar with the modified Forms. It is emphasized that other than the changes in the declaration, rest of the procedure with _regard to clearance of

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n indicated that with regard to importer/ exporter registered with GSTN, importer/ exporter would need to declare only GSTIN at the time of import and export of goods and the importers who are not registered under GST would use their PAN for imports. Changes have been made in the BE forms to capture details like GSTIN, PAN, State code etc. of the importer. Similar changes will also be incorporated for imports at SEZ and imports through Courier. In case of Courier, GSTIN for GST registered consignees or PAN for non-GST registered consignees, as applicable, has to be quoted in the bill of entry filed by the Courier agency, wherever goods are subject to IGST, For the time being, importers/ exporters are advised to declare GSTIN, PAN and IEC while filing document for import/export of goods. However, over a period of time, declaration with regard to only GSTIN and PAN shall be required in the Bill of Entry. 6. For calculating the IGST or Compensation Cess, chapter wise, rate wise GST schedu

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section further lays down that a registered person making zero rated supply shall be eligible to claim refund under either of the following options, namely: (a) he may supply goods or services or both under bond or Letter of Undertaking, subject to such conditions, safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of unutilised input tax credit: or (b) he may supply goods or services or both, subject to such conditions, safeguards and procedure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied. 8. Under the GST Laws, taxpayers would be filing their outward supply returns on GSTN for all the supplies made by them including exports. For the exports, they will be required to quote the Shipping Bill and export invoice details in the GST return. The information provided in the return with regard to export of goods shall be validated by Customs EDI system. The confirmatio

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l Bill of Entry and Shi in Bill: 11. Since all the validation related to IGST refund or flow of JUST credit shall happen electronically between Customs EDI and GSTN, it is imperative hereon that the required data is captured electronically without fail for all the imports and exports whether or not through EDI locations. In case of EDI locations, Board has issued instructions vide F. No. 401/81/2011-Cus Ill dated 2nd June 2017 wherein it is envisaged that any manual bill of entry or shipping bill in EDI locations needs to be filed following the procedure laid out in the circular. Subsequently, Directorate of Systems issued ICES Advisory 009/2017 (GST) dated 15.06.2017 on the subject enclosing the detailed user manual The advisory was forwarded to all the system managers. 12. For non EDI locations also, Directorate of Systems is designing a utility where certain basic consignment data can be uploaded digitally, post clearance. This utility shall be web-based with added offline functiona

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Customs – PUBLIC NOTICE No. 26/2017 – Dated:- 29-6-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS, NEW CUSTOM HOUSE, KANDLA-370 210 F. No. S/20-07/AG/2017-18 Dated: 29.06.2017 PUBLIC NOTICE No. 26/2017 Subject: regarding. GST is the biggest transformational business reform. Trade & Industry are important stakeholder in this historic reform and government fully recognizes their role as equal partners in the implementation of GST. To remove apprehensions among the officers as well as Trade and Industry in relation to the introduction levies of duties (IGST & Compensation Cess), Changes in Bill of Entry and Shipping Bill forms, Procedure in respect of manual filing of Bills of Entry and Shipping Bills and the changes in the EDI system s

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Customs – PUBLIC NOTICE No. 25/2017 – Dated:- 29-6-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS, NEW CUSTOM HOUSE, KANDLA-370 210 F. No. S/20-249/AG/2016-17 Dated: 29.06.2017 PUBLIC NOTICE No. 25/2017 Subject:-Reg. Attention of all Importers, Customs Brokers, Member of the Trade and others is invited towards the roll out of GST in India with effect from 01.07.2017 in this regards, several changes are anticipated in BE SB declaration in alignment with proposed GST implementation. 2. Currently in

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