Goods and Services Tax

Goods and Services Tax – GST – By: – Anuj Bansal – Dated:- 18-7-2017 Last Replied Date:- 23-7-2017 – As per the decision taken in 17th meeting of GST Council on 18th June, 2017, a summary return i.e. GSTR-3B is required to be filed for the month of July and August, 2017 in lieu of GSTR-3. According to the government this is a relaxation in filing GST returns for the first two month. However, there is a slight twist in the tale, GSTR 3B is not the only return to be filed for the month of July and August, 2017. Taxpayers also need to file GSTR-1, GSTR-2 for the aforesaid months. Let s have a glance on the return filing dates for the upcoming months:- Returns to be filed in the month of August, 2017 20/08/2017 GSTR-3B of July, 2017 Returns to be filed in the month of September, 2017 05/09/2017 GSTR-1 for July, 2017 10/09/2017 GSTR-2 for July, 2017 15/09/2017 GSTR -3 for July, 2017 20/09/2017 GSTR-1 & GSTR-3B for August, 2017 25/09/2017 GSTR-2 for August, 2017 30/09/2017 GSTR -3 for A

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as per present legal position. What is GSTR- 3B? Rule 61(5) of CGST Rules, 2017 states Where the time limit for furnishing of details in FORM GSTR-1 under section 37 and in FORM GSTR-2 under section 38 has been extended and the circumstances so warrant, return in FORM GSTR-3B, in lieu of FORM GSTR-3, may be furnished in such manner and subject to such conditions as may be notified by the Commissioner. Let s scrutinize details to be furnished in GSTR-3B 1. Basic Information:- Analysis:- No need to give detail of last year turnover pertaining to Financial year 2016-17 and from April 2017 to June 2017, which was required to be given in GSTR-3. 2. Details of Outward Supplies and inward supplies liable to reverse charge:- Analysis: – In the aforesaid table details of both inter-state & intra-state outward supplies will be furnished. However, if taxpayer is making any supply on which tax is paid under RCM by the recipient, then it will be included in part (a) above. Secondly, point (e) t

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mposite taxable persons and UIN holders separately? If the motive here is to capture the Place of Supply in case of inter-state supplies, then what about the details of B2B inter-state outward supplies? Secondly, how it is possible to capture the supplies made to composition taxable persons. At the time making outward supplies do we need to record the details of supplies made to composition dealers separately? Thirdly, for the details of outward supplies made to UIN holders, one need to capture such details in the books of accounts separately so as to furnish such details in the aforesaid table. 4. Eligible ITC:- Analysis: – It is required that the taxable person should capture all such details beforehand, as per the aforesaid table in the accounting system in order to avoid last minute hassle. In Part (A) of above table all the ITCs available in the accounting system are required to be reported and tin part (B) / (D) all the ineligible credits are required to be reversed. Accordingly,

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Goods and Services Tax – GST – By: – korak pathak – Dated:- 18-7-2017 Last Replied Date:- 22-7-2017 – Started feeling Measurable! I am a Common Man and not concerned about Political Manipulations being done in the name of Services to Citizen. Political Science used to be a great service to the nation! As a Law Abiding Citizen, I am always with the Government. I have the satisfaction, at this Sunset Years of my life that I could live an Unpolluted Life. Whole of my life, I could not change the Values and Integrity received from my Parents and Teachers! It is normal for urban families. Grown-up Children leave the Parental House to chase their dreams! Left back are the aging parents. Risk is everywhere! House helps turn into Murderers! Young

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not give bills. I understand, none can avoid paying GST! Prices have increased for all items. Is it GST or the Traders take the benefits! There is a common saying BAHETI PAANI ME HATH DHO LENA . What a great failure of Government Machinery! It is possible that though Common Consumer pays for all the Taxes…from Income to Spending… the Trader Community stoop low to cheat all! Connivance of Officials!! Lets see for some more time, if the Government is Reformist and Pro-people! – Reply By KASTURI SETHI – The Reply = Sir, Whatever you have written has touched my heart. Poet Chaucer has written a poem titled , The Wasteland In the poem, he says this world is M wasteland because it is devoid of moral values. Moral values are at its l

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Goods and Services Tax – Started By: – Richa Goyal – Dated:- 18-7-2017 Last Replied Date:- 18-8-2017 – An automobile showroom having 1 unit as sales department & another being service department. vehicles comes for servicing wherein -1. At times service charges constitutes major portion of billing. Eg. In a bill of ₹ 1100/- say ₹ 800/- is the service charge and 300/- is the cost of parts.2. At the other instance the cost of parts constitutes major portion in billing. Eg. In a bi

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Goods and Services Tax – Started By: – Vishnu Dutt Gupta – Dated:- 18-7-2017 Last Replied Date:- 20-7-2017 – We have given the monthly fix amount contract to doctor for medical services in our companyIs any revers charge applicable in GST.Rgds,MJ – Reply By KASTURI SETHI – The Reply = Health care services have been exempted vide entry No. 77 in Notification No. 9/2017-intergrated tax (Rate) dated 28.06.2017 . Services by way of health care services by a clinical establishment, an authorised medical practitioner or para-medics. (s) clinical establishment means a hospital, nursing home, clinic, sanatorium or any other institution by, whatever name called, that offers services or facilities requiring diagnosis or treatment or care for illness

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n tax jurisdiction. Hence let take our purchase price as INR 100Stage 2 – Now when we sale the package to X agency in Indian then we bill the agency with GST of 5%.Here our sale become our Bhutan Purchase INR 100 + Our markup 10 (100 + markup 10 ) + GST of 5% on 110 +5% GST = INR 115.50Comments required Are the above transaction fine as per the current GST procedure Do we need to charge RCM of 5% on our purchase price from Bhutan i.e 100 In case we charge RCM then our tax components become 10% Will we get input credit for paying the RCM for oversea supplier who is not part of Indian tax jurisdiction. In case we don t get input credit then our product become 10% higher in compare to any direct supplier from Bhutan to come to india and lock i

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Goods and Services Tax – GST – Dated:- 18-7-2017 – In pursuance of the recommendations of the GST Council in its 14th Meeting held on 18.05.2017 and 19.05.2017, the Compensation Cess rates under Section 8 (2) of the Goods and Services Tax (Compensation to States) Act, 2017, was notified vide notification No.1/2017-Compensation Cess (Rate), dated 28.06.2017 on Intra-State or Inter-State supply of the specified goods, including cigarettes. In respect of cigarettes, the Fitment Committee had recommended that in line with the weighted average VAT rate [28.7%], the GST rate on cigarettes may be kept at 28%. In addition, Compensation Cess may be levied on cigarettes at rates equal to 1.05 times the Specific Excise Duty Rates [net of NCCD]. Howev

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Cess Rates Tariff Item Present rate Proposed Increase New rates Non- filter 2402 20 10 Not exceeding 65 mm 5% + ₹ 1591 per thousand Rs.485 per thousand 5% + Rs.2076 per thousand 2402 20 20 Exceeding 65 mm but not 70 mm 5% + ₹ 2876 per thousand Rs.792 per thousand 5% + Rs.3668 per thousand Filter 2402 20 30 Not exceeding 65 mm 5% + ₹ 1591 per thousand Rs.485 per thousand 5% + Rs.2076 per thousand 2402 20 40 Exceeding 65 mm but not 70 mm 5% + ₹ 2126 per thousand Rs.621 per thousand 5% + Rs.2747 per thousand 2402 20 50 Exceeding 70 mm but not 75 mm 5% + ₹ 2876 per thousand Rs.792 per thousand 5% + Rs.3668 per thousand 2402 20 90 Others 5% + ₹ 4170 per thousand 31% 36% + ₹ 4170 per thousand – News – Pr

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Goods and Services Tax – Started By: – Kavita Sharma – Dated:- 18-7-2017 Last Replied Date:- 19-7-2017 – As per section !3(2), place of supply of service is outside India. Invoice raised was also in foreign currency. But payment recd in INR. My query is what will be the impact of this on GST and Input credit availability. Regards Kavita Sharma – Reply By KASTURI SETHI – The Reply = When the goods are exported, these are to be treated as duty-paid(Now GST paid). Exported are not exempted goods. In pre-GST era, credit on inputs contained in finished goods exported was allowed, and it is allowed even now in GST-era. No adverse effect on GST and ITC, especially, in view of legal position that export to Nepal is at par with our countries now. –

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Goods Defined Under Section 2(B) of GST Act -1956 Notified Goods To Be Purchesed Against Form – C – GST – States – Circular No. 1718018/730 – Dated:- 18-7-2017 Circular – Trade Notice – Public Notice – Instructions – Office orders

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2017 (10) TMI 249 – DELHI HIGH COURT – 2017 (4) G. S. T. L. 446 (Del.) – GST rate for Sanitary Napkins – The petitioner enclosing the statistics regarding availability of sanitary napkins to women is a dire need, the matter books no delay and deserves to be heard – Issue notice to show cause as to why rule nisi be not issued. – W.P. (C) No. 6034 of 2017 and C.M. No. 25062 of 2017 Dated:- 18-7-2017 – MR. C.HARI SHANKAR, J. For The Petitioner : Mr. Amit George with Mr. Swaroop George and Ms. Rajsree Ajay, Advs. For The Respondent : Mr. Anshuman Upadhayay, Adv. for Mr. Sanjeev Narula, CGSC for UOI ORDER CM No.25062/2017 (exemption) Allowed, subject to all just exceptions. CM stands disposed of. W.P.(C) No.6034/2017 1. Given the submissions

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GST – States – G.S.R.026/P.A.5/2017/S.164/Amd.(2)/2017 – Dated:- 18-7-2017 – GOVERNMENT OF PUNJAB DEPARTMENT OF EXCISE AND TAXATION (EXCISE AND TAXATION-II BRANCH) NOTIFICATION The 18th July, 2017 No. G.S.R.26/P.A.5/2017/S.164/Amd.(2)/2017:- In exercise of the powers conferred by section 164 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No. 5 of 2017), and all other powers enabling him in this behalf, the Governor of Punjab, on the recommendations of the Council, is pleased to make the following rules further to amend the Punjab Goods and Services Tax Rules, 2017, namely:- RULES 1. (1) These rules may be called the Punjab Goods and Services Tax (Second Amendment) Rules, 2017. (2) They shall be deemed to have come into force on and with effect from the 1st day of July, 2017. 2. In the Punjab Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in rule 44,- (i) in sub-rule (2), for the words integrated tax and state tax , the words and signs centr

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ioner, 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. (2) The details of the export invoices contained in FORM GSTR-1 furnished on the common portal shall be electronically transmitted to the system designated by Customs and a confirmation that the goods covered by the said invoices have been exported out of India shall be electronically transmitted to the common portal from the said system. (3) Where the goods are not exported within the time specified in sub-rule (1) and the registered person fails to pay the a

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n 140 of the Act, shall be inserted. 5. In the said rules, for rule 119, the following rule shall be substituted, namely:- "119. Declaration of stock held by a principal and job-worker/agent. – Every person to whom the provisions of section 141 or sub-section (12) of section 142 apply shall, within ninety days of the appointed day, submit a declaration electronically in FORM GST TRAN-1, specifying therein, the stock of the inputs, semi-finished goods or finished goods, as applicable, held by him on the appointed day." 6. In the said rules, after rule 138, the following shall be added, namely:- Chapter XVII Inspection, Search and Seizure 139. Inspection, search and seizure.- (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 authorisati

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se deal with the goods except with the previous permission of such officer. (5) The officer seizing the goods, documents, books or things shall prepare an inventory of such goods or documents or books or things containing, interalia, description, quantity or unit, make, mark or model, where applicable, and get it signed by the person from whom such goods or documents or books or things are seized. 140. Bond and security for release of seized goods.- (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 Chapter, the applicable tax shall include central tax and State tax or central tax and the Union territory tax, as the case may be and the cess, if any, payable under the Goods and Services Tax (Compensation

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e adjusted against the tax, interest, penalty, or any other amount payable in respect of such goods or things. CHAPTER XVIII DEMANDS AND RECOVERY 142. Notice and order for demand of amounts payable under the Act.- (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 with the provisions of sub-section (5) of section 73 or, as the case may be, tax, interest and penalty in accordance with the provisions of sub-section (5) of section 74, he shall inform the proper officer of such payment in FORM GST DRC-03

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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 with the provisions of section 161, shall be made by the proper officer in FORM GST DRC-08. 143. Recovery by deduction from any money owed.- 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 provisions of clause (a) of sub-section (1) of section 79. Explanation.- For the purposes of this rule, specified officer shall mean any officer of the Central Government or a State Government or the Government of a Union territory or a local authority, or of a Board or Corporation or a company owned or controlled, wholly or partly, by the Ce

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at where the goods are of perishable or hazardous nature or where the expenses of keeping them in custody are likely to exceed their value, the proper officer may sell them forthwith. (4) 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, forfeited in case the successful bidder fails to make the payment of the full amount, 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

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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), execute the attached decree, and credit the net proceeds for settlement of the amount recoverable. 147. Recovery by sale of movable or immovable property.- (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 ex

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uction, including e-auction, for which a notice shall be issued in FORM GST DRC- 17 clearly indicating the property to be sold and the purpose of sale. (5) Notwithstanding anything contained in the provision of this Chapter, 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 f

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per officer is satisfied that, for the reason stated in the claim or objection, such property was not, on the said date, in the possession of the defaulter or of any other person on his behalf or that, being in the possession 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

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ss of recovery, before the issue of the notice under sub-rule (4), the proper officer shall cancel the process of auction and release the goods. (15) The proper officer shall cancel the process and proceed for re-auction where no bid is received or the auction is considered to be non-competitive due to lack of adequate participation or due to low bids. 148. Prohibition against bidding or purchase by officer.- No officer or other person having any duty to perform in connection with any sale under the provisions of this Chapter shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold. 149. Prohibition against sale on holidays.- No sale under the rules in this chapter shall take place on a Sunday or other general holidays recognized by the Government or on any day which has been notified by the Government to be a holiday for the area in which the sale is to take place. 150. Assistance by police.- The proper officer may seek such assist

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rder shall be affixed on some conspicuous part of the office of the proper officer, and another copy shall be sent, in the case of debt, to the debtor, and in the case of shares, to the registered address of the corporation and in the case of other movable property, to the person in possession of the same. (3) A debtor, prohibited under clause (a) of sub-rule (1), may pay the amount of his debt to the proper officer, and such payment shall be deemed as paid to the defaulter. 152. Attachment of property in custody of courts or Public Officer.- 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. 153. Attachment of interest in partnership.- (1) Where the property to be attached consists of an interest of the defaulter, being a partner, in the

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ss; (b) next, be appropriated against the amount to be recovered; (c) next, be appropriated against any other amount due from the defaulter under the Act or the Integrated Goods and Services Tax Act, 2017 or the Union Territory Goods and Services Tax Act, 2017 or any of the State Goods and Services Tax Act, 2017 and the rules made thereunder; and (d) any balance, be paid to the defaulter. 155. Recovery through land revenue authority.- Where an amount is to be recovered in accordance with the provisions of clause (e) of sub-section (1) of section 79, the proper officer shall send a certificate to the Collector or Deputy Commissioner of the district or any other officer authorised in this behalf in FORM GST DRC- 18 to recover from the person concerned, the amount specified in the certificate as if it were an arrear of land revenue. 156. Recovery through court.- Where an amount is to be recovered as if it were a fine imposed under the Code of Criminal Procedure, 1973, the proper officer s

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of the jurisdictional officer, the Commissioner may issue an order in FORM GST DRC- 21 allowing the taxable person further time to make payment and/or to pay the amount in such monthly instalments, not exceeding twenty-four, as he may deem fit. (3) The facility referred to in sub-rule (2) shall not be allowed where- (a) the taxable person has already defaulted on the payment of any amount under the Act or the Integrated Goods and Services Tax Act, 2017 or the Union Territory Goods and Services Tax Act, 2017 or any of the State Goods and Services Tax Act, 2017, for which the recovery process is on; (b) the taxable person has not been allowed to make payment in instalments in the preceding financial year under the Act or the Integrated Goods and Services Tax Act, 2017 or the Union Territory Goods and Services Tax Act, 2017 or any of the State Goods and Services Tax Act, 2017; (c) the amount for which instalment facility is sought is less than twenty-five thousand rupees. 159. Provisional

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rule (3) in respect of the said property of perishable or hazardous nature, the Commissioner may dispose of such property and the amount realized thereby shall be adjusted against the tax, interest, penalty, fee or any other amount payable by the taxable person. (5) Any person whose property is attached may, within seven days of the attachment under sub-rule (1), file an objection to the effect that the property attached was or is not liable to attachment, and the Commissioner may, after affording an opportunity of being heard to the person filing the objection, release the said propertyby an order in FORM GST DRC- 23. (6) The Commissioner may, upon being satisfied that the property was, or is no longer liable for attachment, release such property by issuing an order in FORM GST DRC- 23. 160. Recovery from company in liquidation.- Where the company is under liquidation as specified in section 88, the Commissioner shall notify the liquidator for the recovery of any amount representing t

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nd has made full and true disclosure of facts relating to the case, allow the application indicating the compounding amount and grant him immunity from prosecution or reject such application within ninety days of the receipt of the application. (4) The application shall not be decided under sub-rule (3) without affording an opportunity of being heard to the applicant and recording the grounds of such rejection. (5) The application shall not be allowed unless the tax, interest and penalty liable to be paid have been paid in the case for which the application has been made. (6) The applicant shall, within a period of thirty days from the date of the receipt of the order under sub-rule (3), pay the compounding amount as ordered by the Commissioner and shall furnish the proof of such payment to him. (7) In case the applicant fails to pay the compounding amount within the time specified in sub-rule (6), the order made under sub-rule (3) shall be vitiated and be void. (8) Immunity granted to

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GST – States – Va Kar/GST/13/2017-S.O. 058 – Dated:- 18-7-2017 – COMMERCIAL TAXES DEPARTMENT NOTIFICATION 18th July, 2017 S.O-58-Dated 18th July, 2017- In exercise of the powers conferred in Sections 3 and 4 of the Jharkhand Goods and Services Tax Act, 2017 (Act 12 of 2017) , the State Government do hereby appoint the officers under the Jharkhand Value Added Tax Act, 2005 mentioned in column 2 of the Table below as the officers under this Act with the designation specified each in column (3) t

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GST – States – Va Kar/GST/13/2017-S.O. 057 – Dated:- 18-7-2017 – COMMERCIAL TAXES DEPARTMENT NOTIFICATION 18th July, 2017 S.O-57-Dated 18th July, 2017- In exercise of the powers conferred in sub-section (2) of Section 4 of the Jharkhand Goods and Services Tax Act, 2017, I, K.K. Khandelwal, I.A.S., Principal Secretary-cum-Commissioner, Jharkhand do hereby specify that the officers appointed under Section 4 of the Jharkhand Goods and Services Tax Act, 2017 shall have jurisdiction over the same a

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GST – States – 15/2017-State Tax – Dated:- 18-7-2017 – NOTIFICATION FINANCE DEPARTMENT Sachivalaya, Gandhinagar. Notification No. 15/2017-State Tax Dated the 18th July, 2017. No. (GHN-60)/GSTR-2017(5)-TH:- In exercise of the powers conferred by section 164 of the Gujarat Goods and Services Tax Act, 2017 (Guj.25 of 2017), the Government of Gujarat hereby makes the following rules further to amend the Gujarat Goods and Services Tax Rules, 2017, namely:- 1. (1) These rules may be called the Gujarat Goods and Services Tax (Third Amendment) Rules, 2017. (2) They shall be deemed to have come into force with effect from the 1st day of July, 2017. 2. In the Gujarat Goods and Services Tax Rules, 2017, hereinafter referred to as the said rules , In rule 44,- (a) in sub-rule (2), for the words integrated tax and central tax , the words central tax, State tax, Union territory tax and integrated tax shall be substituted; (b) in sub-rule (6), for the words and letters IGST and CGST , the words cent

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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. (2) The details of the export invoices contained in FORM GSTR-1 furnished on the common portal shall be electronically transmitted to the system designated by Customs and a confirmation that the goods covered by the said invoices have been exported out of India shall be electronically transmitted to the common portal from the said system. (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 withdrawn forthwith and the said amount shall be recovered from the registered person in accordance with the provisions of section 79. (4) The export as allowed u

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er 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 are liable for seizure under sub-section (2) of section 67, the proper officer or an authorised officer shall make an order of seizure in FORM GST INS-02. (3) The proper officer or an authorised officer may entrust upon the owner or the custodian of goods, from whose custody such goods or things are seized, the custody of such goods or things for safe upkeep and the said person shall not remove, part with, or otherwise deal with the goods or things except with the pr

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. Explanation.- For the purposes of the rules under the provisions of this Chapter, the applicable tax shall include central tax and State tax or central tax and the Union territory tax, as the case may be and the cess, if any, payable under the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017). (2) In case the person to whom the goods were released provisionally fails to produce the goods at the appointed date and place indicated by the proper officer, the security shall be encashed and adjusted against the tax, interest and penalty and fine, if any, payable in respect of such goods. 141. Procedure in respect of seized goods.- (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 case may be, things shall be rele

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nt of the tax and interest in accordance with the provisions of sub-section (5) of section 73 or, as the case may be, tax, interest and penalty in accordance with the provisions of sub-section (5) of section 74, he shall inform the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an acknowledgement, accepting the payment made by the said person in FORM GST DRC-04. (3) Where the person chargeable with tax makes payment of tax and interest under sub-section (8) of section 73 or, as the case may be, tax, interest and penalty under sub-section (8) of section 74 within thirty days of the service of a notice under sub-rule (1), he shall intimate the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an order in FORM GST 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 b

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lanation.- For the purposes of this rule, specified officer shall mean any officer of the Central Government or a State Government or the Government of a Union territory or a local authority, or of a Board or Corporation or a company owned or controlled, wholly or partly, by the Central Government or a State Government or the Government of a Union territory or a local authority. 144. Recovery by sale of goods under the control of proper officer.- (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 not

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he 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 be non-competitive due to lack of adequate participation or due to low bids. 145. Recovery from a third person.- (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-

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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 Revenue Authority or Transport Authority or as the case may be, any such Authority to place encumbrance on the said movable or immovable property, which shall be removed only on the written instructions from the proper officer to that effect. (3) Where the property subject to the attachment or distraint under sub-rule (1) is- (a) an immovable property, the order of attachment or distraint shall be affixed on the said property and shall remain affixed till the confirmation of sale; (b) a movable pr

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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 that where the goods are of perishable or hazardous nature or where the expenses of keeping them in custody are likely to exceed their value, the proper officer may sell them forthwith. (8) Where any claim is preferred or any objection is raised with regard to the attachment or distraint of any property on the ground that such property is not liable to such attachment or distraint, the proper officer shall investigate the claim or objection and may postpone the sale for suc

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f 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, he shall issue a certificate in FORM GST DRC-12 specifying the details of the property, date of transfer, the details of the bidder and the amount paid and upon issuance of such certificate, the rights, title and interest in the property shall be deemed to be transferred to such bidder: Provided that where the highest bid is made by more than one person and one of them is a co-owner of the property, he shall be deemed to be the successful bidder. (13) Any amount, includin

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der the rules under the provision of this chapter shall take place on a Sunday or other public holidays declared by the State Government or on any day which has been notified by the Government to be a holiday for the area in which the sale is to take place. 150. Assistance by police.- The proper officer may seek such assistance from the officer-in-charge of the jurisdictional police station as may be necessary in the discharge of his duties and the said officer-in-charge shall depute sufficient number of police officers for providing such assistance. 151. Attachment of debts and shares, etc.- (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 from making payment thereof until the recei

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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. 153. Attachment of interest in partnership.- (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 the share of such partner in the profits, whether already declared or accruing, and of any other money which may become due to him in respect of the partnership, and direct accounts and enquiries and make an order for the sale of such interest or such other order as the circumstances of the case may require. (2) The other partners shall be at liberty at any time to redeem the interest charged or, in the case of a sale b

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he district or any other officer authorised in this behalf in FORM GST DRC- 18 to recover from the person concerned, the amount specified in the certificate as if it were an arrears of land revenue. 156. Recovery through court.- Where an amount is to be recovered as if it were a fine imposed under the Code of Criminal Procedure, 1973, the proper officer shall make an application before the appropriate Magistrate in accordance with the provisions of clause (f) of sub-section (1) of section 79 in FORM GST DRC- 19 to recover from the person concerned, the amount specified thereunder as if it were a fine imposed by him. 157. Recovery from surety.- Where any person has become surety for the amount due by the defaulter, he may be proceeded against under this Chapter as if he were the defaulter. 158. Payment of tax and other amounts in instalments.- (1) On an application filed electronically by a taxable person, in FORM GST DRC- 20, seeking extension of time for the payment of taxes or any am

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n has not been allowed to make payment in instalments in the preceding financial year under the Act or the Integrated Goods and Services Tax Act or any State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act or the Central Goods and Services Tax Act; (c) the amount for which instalment facility is sought is less than twenty-five thousand rupees. 159. Provisional attachment of property.- (1) Where the Commissioner decides to attach any property, including bank account in accordance with the provisions of section 83, he shall pass an order in FORM GST DRC-22 to that effect mentioning therein, the details of property which is attached. (2) The Commissioner shall send a copy of the order of attachment to the concerned Revenue Authority or Transport Authority or any such Authority to place encumbrance on the said movable or immovable property, which shall be removed only on the written instructions from the Commissioner to that effect. (3) Where the property attac

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FORM GST DRC- 23. (6) The Commissioner may, upon being satisfied that the property was, or is no longer liable for attachment, release such property by issuing an order in FORM GST DRC- 23. 160. Recovery from company in liquidation.- Where the company is under liquidation as specified in section 88, the Commissioner shall notify the liquidator for the recovery of any amount representing tax, interest, penalty or any other amount due under the Act in FORM GST DRC -24. 161. Continuation of certain recovery proceedings.- The order for the reduction or enhancement of any demand under section 84 shall be issued in FORM GST DRC- 25. Chapter XIX OFFENCES AND PENALTIES 162. Procedure for compounding of offences.- (1) An applicant may, either before or after the institution of prosecution, make an application under sub-section (1) of section 138 in FORM GST CPD-01 to the Commissioner for compounding of an offence. (2) On receipt of the application, the Commissioner shall call for a report from

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in a period of thirty days from the date of the receipt of the order under sub-rule (3), pay the compounding amount as ordered by the Commissioner and shall furnish the proof of such payment to him. (7) In case the applicant fails to pay the compounding amount within the time specified in sub-rule (6), the order made under sub-rule (3) shall be vitiated and be void. (8) Immunity granted to a person under sub-rule (3) may, at any time, be withdrawn by the Commissioner, if he is satisfied that such person had, in the course of the compounding proceedings, concealed any material particulars or had given false evidence. Thereupon such person may be tried for the offence with respect to which immunity was granted or for any other offence that appears to have been committed by him in connection with the compounding proceedings and the provisions of the Act shall apply as if no such immunity had been granted. ; 7. In the said rules for existing FORM GST-RFD-01, FORM GST-RFD-02, FORM GST-RFD-0

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2017 (7) TMI 623 – Delhi High Court – 2017 (3) G. S. T. L. 433 (Del.) , 2017 (352) E.L.T. 430 (Del.) , [2017] 1 GSTL 37 (Del) – GST on legal services – reverse charge mechanism – Respondents (Government) are seeking more time to address the important legal and constitutional issues that arise in these petitions and it is asserted in the Court on behalf of the Respondents that as to date, in fact, no coercive action is taken against the lawyers, law firms or providers of legal services, Limited Liability Partnerships (LLP), for non-compliance with the legal requirement of the CGST, IGST and DGST – Next Date is 14th September, 2017 – W.P.(C) 5709/2017, W.P.(C) 6017/2017 Dated:- 18-7-2017 – Mr. S. Muralidhar And Ms. Prathiba M. Singh JJ For the Petitioner: Mr. J.K. Mittal, Advocate, Petition in person with Mr. Rajveer Singh, Mr. Hitender Mehta, Mr. Rajesh Kumar, Mr. Atul Krishnan, Advocates. Ms. Vanita Bhargava, Mr. Ajay Bhargava, Mr. Abhishek Rastogi And Ms. Rashmi Deshpande, Advocates

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h August, 2017. 5. Rejoinder thereto, if any, be filed before the next date of hearing. 6. List for hearing on 14th September, 2017 at 2.15 pm. CM APPL. No. 23814/2017 (STAY) IN W.P.(C) 5709/2017 CM APPL. No. 25007/2017 (STAY) IN W.P.(C) 6017/2017 7. Mr. Narula, learned CGSC for Union of India has produced a Press Release which the Court finds has been issued by the Press Information bureau, Ministry of Finance, Government of India on the position regarding applicability of GST on Legal Services provided by individual Advocates including Senior Advocates and a Firm of Advocates. 8. during the course of hearing, several questions arose as regards the said Press Release itself. Mr. Narula, sought further time to seek instructions of those question. In particular, (i) whether there were any further recommendations of the GST Council on legal services after what had been recommended at the 14th Meeting of the GST Council held on 19th May, 2017. (ii) Under what authority of law, such a Pres

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ission on behalf of respondent No. 1 signed by the Commissioner, Central Tax Commissionerate, New Delhi. Considering the importance of the issues in this petition, which involve the interpretation of the relevant provisions of the Constitution of India, and the concerned statutes, the court would expect each of the Respondents to file a para wise reply to the petition and also specifically answer the queries as noted in the court s order dated 12th July, 2017 and this order. 12. A responsible officer of the Ministry of Finance as well as the concerned department of the GNCTD will file the respective reply affidavits on behalf of Respondent No.1 and GNCTD. Likewise, the reply on behalf of the GST Council should be filed separately through it Additional Secretary. 13. Considering that the Respondents are seeking more time to address the important legal and constitutional issues that arise in these petitions and it is asserted in the Court on behalf of the Respondents that as to date, in

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GST – 03/2017 – Dated:- 18-7-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No. 3/2017-Compensation Cess (Rate) New Delhi, the 18th July, 2017 G.S.R. 892 (E).- In exercise of the powers conferred by sub-section (2) of section 8 of the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 1/2017-Compensation Cess (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 720 (E), dated the 28th June, 2017

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Goods and Services Tax – Started By: – RAI TOMAR – Dated:- 17-7-2017 Last Replied Date:- 18-7-2017 – Dear Sir,Please provide procedure of Export of goods to Nepal on payment of IGST in case of payment received in Indian rupees. Please legal provision also refer. – Reply By KASTURI SETHI – The Reply = Export to Nepal is at par with other countries. Regarding receipt of payment in Indian Currency, Board's circular is appended below:- Exports to Nepal under DRP – Revised treaty of trade betwee

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Goods and Services Tax – Started By: – Narendra Soni – Dated:- 17-7-2017 Last Replied Date:- 23-7-2017 – Dear sir.our Cha paid IGST on our import.now he want to reimbursement of IGST from us.Is GST is applicable on such reimbursement.How he will raise invoice.kindly guide. – Reply By KASTURI SETHI – The Reply = In my view no GST on such reimbursement is applicable. CHA is example of pure agent. – Reply By Narendra Soni – The Reply = Sir how Invoice will be raised by CHA without GST.tax Invoice can only be raised for charging GST. – Reply By R.S. Mangal – The Reply = In GST regime the CHA must raise invoice otherwise how the exporter or importer will get the credit of the gst involved on such reimbursement. – Reply By KASTURI SETHI – The Re

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Goods and Services Tax – Started By: – sreenivasulu Chowdam – Dated:- 17-7-2017 Last Replied Date:- 25-7-2017 – ABC &Co., is a CA firm having branches in major cities like Banglore,Chennai,Hyderabad etc., while providing service to one client ( Client place is in Chennai ) the partner of banglore branch is given services with chennai branch partners. Now they have to raise bill from which place?Case 2 : If the partner of banglore branch alone given services to chennai client then what is the situation?please clarify my doubt.Thanks in advance. – Reply By KASTURI SETHI – The Reply = In my view, in first case, invoice is to be raised from Banglore in the name of client at Chennai.In Case 2, what do you mean by 'ALONE ? Do you mean pa

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Goods and Services Tax – GST – Dated:- 17-7-2017 – New Delhi, Jul 17 (PTI) – The Communications Ministry will analyse the impact of Goods and Services Tax on telecom subscribers, and approach the Finance Ministry in case consumers or players face genuine problems , Telecom Minister Manoj Sinha said today. The GST rate for telecom services is 18 per cent. This is higher than 15 per cent that consumers paid on their phone bills in taxes and cess, before July 1. However, under GST, the telecom operators will also get the benefit of input tax credit, bringing the overall effective rates lower for consumers. If there are genuine problems then definitely I will consult the finance minister….We will analyse what people were paying earlier, the

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t of GST. GST Council and Government will see to it, he said. Sinha said the proposal on the second phase of Bharat Net project – which seeks to provide broadband connectivity to 1.5 lakh gram panchayats – has been sent for cabinet approval, and hoped that it will be taken up shortly. An official familiar with the proposal said overall outlay for the project stands at ₹ 42,068 crore. This includes ₹ 11,148 crore for first phase, and ₹ 18,792 crore for second phase. Additionally, there are expenses for last mile connectivity and operations and maintenance cost, the official added. The ministry expects to usher in the New Telecom Policy before March 2018, Sinha said. A lot of things have changed in the last five years…New

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Goods and Services Tax – GST – Dated:- 17-7-2017 – New Delhi, Jul 17 (PTI) – Barely a fortnight after GST was implemented, some taxpayers have reported that GST portal is mixing up their data with others, a mishap for which the I-T department blamed tax practitioners for registering multiple entities simultaneously. The Mumbai division of CBEC in a circular said some cases have been brought to its notice wherein taxpayers are complaining that when they are logging into their account using their login credentials, they are diverted to some other's account on GST portal and the data of another taxpayer is displayed in that account . These, the tax department said, are the cases where the registration or enrolment of the business entity h

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Goods and Services Tax – Started By: – Arun Kumar – Dated:- 17-7-2017 Last Replied Date:- 18-7-2017 – My products have high development cost but low material cost. For Ex. If customer wants a size or O ring, he is ok to pay high development cost for 10 pcs. If O Ring cost id ₹ 10 each, the development cost would be ₹ 2500.I would like to know as my products fall under 28% tax slab, will it be necessary to pay 28% tax in invoice as it will be sent as sample shipment (value less than

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Goods and Services Tax – GST – Dated:- 17-7-2017 – 1. What is GST? Ans. Simply put GST stands for Goods and Services Tax, which is levied on supply of goods or services or both. Sale of goods, for example is a type of supply. Various economic activities are all different types of supply. 2. On what type of transactions is GST levied? Ans. In general, GST is levied on all supplies of goods or services or both which are made for consideration. In most cases consideration is the payment for sale of manufactured or traded goods. 3. Will GST be levied on all goods or services or both? Ans. No. GST will not be levied on alcohol for human consumption. It will also not be levied for the time being on 5 petroleum products (Crude, Motor Spirit (Petrol), HSD, Aviation fuel & Natural gas),on electricity and on sale and purchase of real estate. 4. How GST will be levied on different kinds of supply of Goods or Services or both? 1. Ans. GST is a dual levy. On every supply within a state (intra-

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. Who will pay GST? Ans. GST, in general, will be paid by the supplier. He will collect the same from the recipient of supply (buyer). However, in few cases, the recipient, would be liable to pay GST to the Government on reverse charge basis. 8. How will GST be collected? Ans. GST follows multi-stage collection mechanism. GST shall be collected at every stage in the supply chain. However, any tax paid at previous stage is available as set-off. In a nutshell, only value addition will be taxed at every stage. For instance, B purchases goods from A for ₹ 100/-. Let s say tax rate is 10%. A will pay tax of 10% and will collect ₹ 110/- from B. Suppose B further sells the goods for ₹ 105/-. He will have to pay ₹ 10.50 as tax. He will the tax by using the credit of ₹ 10/- already paid by him to A. So in effect, he will be paying ₹ 0.50 only on the value add of ₹ 5/- made by him. 9. What in Input Tax Credit? Ans. A person doing business will be purchas

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s,etc. have been prescribed. Since multiple record keeping for a variety of taxes is not required, there will be lesser investment of resources and manpower in maintaining records. The tax payer will no longer have to go to multiple authorities to report compliances. In the long run, due to automated procedures, compliance burden is going to reduce under GST. It will give a great boost to improving ease of doing business. FAQs on Job Work 1.What does job work mean? Ans: Job work means undertaking any treatment or process by a person on goods belonging to another registered person and the expression job worker shall be construed accordingly, as defined in Section 2(68) of CGST Act 2017. 2. For the purposes of job work, what does the term input include? Ans: For the purposes of job work, the term input includes intermediate goods arising from any treatment or process carried out on the inputs by the Principal or the job worker. 3.What kind of goods can be sent at another place for job wo

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aste and scrap generated during the job work may be supplied by the job worker directly from his place of business on payment of tax if such job worker is registered, or by the principal, if the job worker is not registered, as per Section 143(5) of CGST Act 2017. 9.What documentation are required when materials are being sent for job work? Ans: When material is sent for job work, Delivery Challan should be prepared in triplicate containing details specified in Rule No.8 (1) of Invoice Rules. 10.Are details of challans in respect of goods dispatched from a job worker be reflected in Returns? Ans: Yes. Details of challan in respect of goods dispatched to a job worker shall be included in Return Form GSTR-1. 11.What will happen if inputs/capital goods are not received from a job worker during prescribed period? Ans: If inputs/capital goods are not received during prescribed period, GST will be payable for which challan issued will be considered as invoice . 12.What will happen to the inp

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al or supplied from the place of business of job worker within three years of their being sent out. 16.Who will undertake responsibility and accountability for any contravention under the Law during job work? Ans: Principal will undertake responsibility and accountability for any contravention under the law during job-work. 17. What is the tax treatment under GST for inputs removed for job work before the appointed day? Ans: Where any inputs received in a factory had been removed as such or removed after being partially processed to a job worker for further processing, testing, repair, re-conditioning or any other purpose in accordance with the provisions of earlier law prior to the appointed day and such inputs, after completion of the job work, are returned to the said factory on or after the appointed day, no tax shall be payable if such inputs are returned to the said factory within six months from the appointed day. FAQs on Registration 1. A taxable person s business is in many St

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charge. 4. I have migrated under GST but want to register as ISD. Whether I can apply now and what is the procedure? Ans: A separate and new registration is required for ISD. 5. I have ST number on individual name and have migrated to GST. I wish to transfer this on my proprietorship firm. Ans: This conversion may be done while filling FORM-REG-26 for converting provisional ID to final registration. 6. If someone trades only 0% GST items (grains, pulses) then is it necessary to register for GST, if the turnover exceeds ₹ 20 lakhs? Ans: A person dealing with 100% exempted supplies is not liable to register irrespective of turnover. 7. If I register voluntarily though turnover is less than ₹ 20 lakhs, am I required to pay tax from 1st supply post registration? Ans: Yes, you would be treated as a normal taxable person and pay tax on supplies below the turnover of ₹ 20 lakhs also. 8. Whether a separate GSTIN would be allotted to a registered person for deducting TDS (he h

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med to have been granted. 13. How will taxpayer get the certificate of registration? Ans. The taxpayer can himself download the certificate of registration online from the GST common portal (www.gst.gov.in). 14. Can registration particulars once furnished be amended? Ans. Yes. The request for amendment has to be made online. All minor amendments in registration particulars can be amended by the taxpayer himself by filing an application for amendment on the system. In case of certain major amendments in particulars of registration like change in legal name of business, place of business, change in constitution of business, etc, the registration particulars may be amended with the approval of the proper officer within a period of 15 working days. 15. In which state will the person be registered? Ans. A person applying for registration has to apply in each State from where he makes or intends to make supplies under GST. Thus, he will be registered in all the States from where he makes sup

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if I am not liable to register under GST but I was registered under Service Tax? Ans: You can apply for cancellation of Provisional ID if you do not need registration under GST. 21. If I am not an existing tax payer and wish to register under GST, when can I do so? Ans: You would be able to apply for new registration at the GST Portal gst.gov.in. 22. Do registered dealers have to upload the sale details to un-registered dealers also in GST? Ans:. In case of intra-State supply and inter-State B2C supply, a consolidated entry has to be specified in the Return. However, for B2C inter-State supply, each supply having invoice value of more than ₹ 2.50 lakhs is required to be reported in the Return. 23. How do I incorporate two supplies in the same period Return for say Pharmaceutical products with same HSN Code of four digits but having different tax rates? Ans: Returns require you to furnish rate wise details for calculating tax liability and HSN Code wise summary is only required to

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o pay tax on quarterly basis. 3. What is the last date by which GST is to be paid for a particular supply? Ans. If a supply is undertaken in a particular month, the GST in respect of that supply has to be paid by the 20th of the succeeding month. GST can be paid either in cash or using the credit balance in the ITC ledger. 4. Can traders get the credit of IGST paid at the time of imports for discharging their domestic liabilities under GST? If yes, how? Ans. Yes. Under GST, traders will be on par with manufacturers. IGST paid at the time of import will be available as credit which can be used for payment of taxes on further supplies. GSTIN would be used for the purpose of credit flow of IGST on import of goods and refund of IGST paid in case of export. 5. Is GST payable upon receipt of Advance? Ans: When Advance is received, Receipt Voucher should be issued with details as specified in Rule 5 of Invoice Rules. At that stage, GST is payable but recipient cannot avail input tax credit as

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ut Tax credit? Ans: A taxable person who was not eligible to take CENVAT credit earlier but is now eligible to do so under GST can take Input Tax credit of Excise duty which was paid on the stock with him, if he has Invoice or other documents evidencing payment of Excise duty. He has to submit stock statement, as specified under Section 140 (3) of CGST and SGST Act 2017. 4. Can Input Tax credit be availed for goods cleared by supplier prior to 01.07.2017, but received by recipient after 01.07.2017? Ans: If goods were cleared by supplier prior to 01.07.2017 by paying Excise duty and State VAT but goods were received after 01.07.2017 by recipient, Input Tax credit of such Excise duty or State VAT is available if such invoice was recorded in the books of accounts within 30 days i.e. before 30.07.2017. He has to furnish specified details, as contained in Section 140 (5) of CGST and SGST Act 2017. 5. Is Input Tax credit available for materials sent to job worker before 01.07.2017? Ans: If m

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, for the period ending with the day immediately preceding the appointed day in such manner as may be prescribed. 8. What is the treatment for Exempted goods returned to the place of business within 6 months form the appointed day? Ans: Where any goods on which duty had been exempt under the earlier law at the time of removal thereof, not being earlier than six months prior to the appointed day, are returned to any place of business on or after the appointed day, no tax shall be payable thereon if such goods are returned to the said place of business within a period of six months from the appointed day and such goods are identifiable to the satisfaction of the proper officer. 9. What is the treatment for Exempted goods returned to the place of business after 6 months from the appointed day? Ans: Tax shall be payable by the person returning the goods if the said goods are liable to tax under this Act and are returned after a period of six months from the appointed day. 10. What is GST t

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who receives such goods within a period of six months shall be entitled to take credit of the duty paid earlier at the time of removal. 13. What is the treatment of goods sent on approval basis but returned on or after the appointed day? Ans: When goods are sent on approval basis and such goods are returned within the period of six months from the appointed day, or extended period of 2 months, then no tax is payable as per Section 162 D of CGST Act 2017. 14. Is tax payable in case goods are rejected or not approved by a buyer received after the appointed day? Ans: No tax shall be payable in case where any goods are rejected or not approved by the buyer and are returned within the period of 6 months. However, GST shall be payable by the person returning the goods and sending the goods if the goods are returned after the period of 6 months. 15. What happens if the tax payer has distinct VAT registrations in the same State? Ans: The transitional provisions will allot only one registration

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gistered, of the recipient (v) Description of goods or services or both (vi) Taxable value of supply of goods or services or both taking into account discount or abatement, if any (vii) Rate of tax (Central tax, State tax, Integrated tax,Union Territory tax or cess) (viii) Amount of tax charged in respect of taxable goods or services ( Central tax, State tax, Integrated tax, Union Territory tax or cess). (ix) Signature or digital signature of the supplier or his authorized representative. 3. What must be done with a tax invoice whose value is less than ₹ 200? Ans: If value of each tax invoice is less than ₹ 200, consolidated invoice may be issued at the end of the day. 4. How many copies of tax invoice must be issued for goods? Ans: Tax invoice for goods must be in triplicate with specified marking. 5. What is the time period within which tax invoice for supply of services must be issued? Ans: Tax invoice for services shall be issued within 30 days of supply of service. In

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and slash symbolized as _ and / respectively, and any combination thereof, unique for a financial year (iii) Date of its issue (iv) Name, address and GSTIN or UIN, if registered, of the recipient (v) Description of goods or services or both (vi) Taxable value of supply of goods or services or both taking into account discount or abatement, if any (vii) Rate of tax (Central tax, State tax, Integrated tax, Union Territory tax or cess) (viii) Amount of tax charged in respect of taxable goods or services ( Central tax, State tax, Integrated tax, Union Territory tax or cess). (ix) Signature or digital signature of the supplier or his authorized representative. 9. If goods are transported in semi-knocked down condition, when shall complete invoice be issued? Ans: When goods are transported in semi-knocked down condition, complete invoice shall be issued before dispatch of first consignment and then delivery challan should be issued for subsequent consignments. Original copy of invoice shall

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ons are as follows: i) intra-State supplies to consumers (B2C supplies) – tax-rate wise summary; ii) inter-State supplies to consumers (B2C supplies) of value upto ₹ 2.5 lakhs – State-wise and tax-rate wise summary; iii) inter-State supplies to consumers (B2C supplies) of value above ₹ 2.5 lakhs – specified invoice wise details; iv) supplies to resellers (B2B) – specified invoice wise details. 2. What if a trader/businessman is unable to undertake compliances under GST himself? Ans. Under GST, the government will allow qualified persons to act as GST Practitioners. In case the trader is unable to undertake compliances himself, he can utilize the services of such GST practitioners to do the compliances for him.There would also be Facilitation Centres, Help Desks in each GST Commissionerate. There would also be facility of GST Suvidha Providers (GSPs) who would be developing software for uploading data onto the GSTN portal. 3. How will aggregate turnover be computed for the p

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ers? Ans. No. The compliance process will be automated and easy for traders. The following steps have been taken by the Government in this regard. a) Small traders with a turnover below ₹ 20 Lakhs need not register under GST. b) An easy to understand and comply composition scheme for traders having turnover upto ₹ 75 lakhs where tax can be paid quarterly as a percentage of turnover. c) GST Seva Kendras have been opened in all Commisssionerates (upto Range office) under CBEC to help small traders under the GST law and process. d) For uploading of invoice details, GST Network will be providing easy to use application free of cost which will enable hassle free uploading of invoices by traders. e) The returns and payment of tax process under GST is completely online. There will be minimal interface or no interface with the tax authorities. f) Small taxpayers can use the services of GST practitioners at a nominal cost to take care of their compliances under GST. g) GST Suvidha p

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se turnover is above ₹ 1.5 crores but below ₹ 5 crores shall use 2-digit code and the taxpayers whose turnover is ₹ 5 crores and above shall use 4-digit code. Taxpayers whose turnover is below ₹ 1.5 crores are not required to mention HSN Code in their invoices. Further the goods emanate either from manufacture or from imports. The traders usually don t change the nature of goods. The classification, in general, will be in continuity from the HSN declared by the manufacturer or importer both of whom have been using the system in the past also. FAQs on Returns 1. From when do the first Returns need to be filed by taxable person in respect of outward supplies? Ans: First Return of outward supplies need to be filed from the date on which he became liable for registration till the end of the month in which the registration has been granted. 2. From when do the first Return needs to be filed by taxable person in respect of inward supplies? Ans: First Return of inward

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returned to Principal? Ans: Three years. 8. Can the benefit of sub Section 1, 2 and 3 be availed even if the date of removal of inputs, semi-finished goods or finished goods is falling beyond one year before the appointed date? Ans: There are no restrictions in Sec 141 regarding the time period before the appointed date within which the date of removal of goods removed should fall in order to avail the benefit of Section 141. The restriction regarding the time limit is only in respect of receiving back of the goods to the place of business from where those goods were originally removed. 9. A person who is registered under Service Tax as well as under Central Excise and having un-availed CENVAT credit in Central Excise Return, has not filed his service tax returns. Whether he can carry forward the un-availed CENVAT credit as per the last Central Excise Return to the GST regime? Ans: No. Credit cannot be taken unless he has furnished all the returns required under the existing law for th

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ange the nature of goods. The classification, in general, will be in continuity from the HSN declared by the manufacturer or importer both of whom have been using the system in the past also. 12. What if a manufacturer/businessman is unable to undertake compliances under GST himself? Ans. Under GST, the government will allow qualified persons to act as GST Practitioners. In case the manufacturer is unable to undertake compliances himself, he can utilize the services of such GST practitioners to do the compliances for him.There would also be Facilitation Centres, help desks in each GST Commissionerate. There would also be facility of GST Suvidha Providers (GSPs) who would be developing software for uploading data on to the GSTN portal. FAQs on Composition Scheme 1. Is there any scheme for payment of taxes under GST for small manufacturers? Ans. Yes. Composition levy is an alternative method of levy of tax designed for small taxpayers whose turnover is up to ₹ 75 lakhs (Rs. 50 lakh

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s/manufacturers) not eligible for composition scheme? Ans. Following persons are not allowed to opt for the composition scheme: a) a casual taxable person or a non-resident taxable person; b) suppliers whose aggregate turnover in the preceding financial year crossed ₹ 75 lakhs; c) supplier who has purchased any goods or services from unregistered supplier unless he has paid GST on such goods or services on reverse charge basis; d) supplier of services, other than restaurant service; e) persons supplying goods which are not taxable under GST law; f) persons making any inter-State outward supplies of goods; g) suppliers making any supply of goods through an electronic commerce operator who is required to collect tax at source under Section 52; and h) a manufacturer of following goods S. No Classification (Tariff item/ Chapter) Description 1 2105 00 00 Ice cream and other edible ice, whether or not containing cocoa 2 2106 90 20 Pan masala 3 24 Tobacco and manufactured tobacco substi

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4 within seven days of the occurrence of such event. Every person who has furnished such an intimation, may electronically furnish at the common portal, a statement in FORM GST ITC-01 containing details of the stock of inputs and inputs contained in semi-finished or finished goods held in stock as well as the capital goods held by him on the date on which the option is withdrawn, within a period of thirty days from the date from which the option is withdrawn. 7. How will aggregate turnover be computed for the purpose of composition? Ans. It will be computed on the basis of turnover on all India basis. Aggregate turnover means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by the composition dealer on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes central tax, State tax, Uni

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urns required to be filed by the person opting to pay tax under the composition scheme? Ans. No. Such persons need to file a simplified quarterly returns in Form GSTR-4. The GSTR-4 needs to be filed electronically on the GSTN common portal by the 18th day of the month succeeding the quarter relating to the supplies. 12. What is the basic information that need to be furnished in Form GSTR 4? Ans. It should contain details of turnover in the State or Union territory, inward supplies of goods or services or both, tax payable on reverse charge basis in case of purchases made from unregistered persons and tax payable. 13. A person opting to pay tax under the composition scheme receives inputs/input services from an unregistered person. Will the composition dealer have to pay GST under reverse charge? If yes, in what manner? Ans. Yes. Tax will have to be paid on such supplies by the composition dealer under reverse charge at normal rates and not composition rates. The tax can be paid by the

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ory shall be deemed to be an intimation in respect of all other places of business registered on the same Permanent Account Number. 16. What is the effective date of composition levy? Ans. There can be three situations: Situation Effective date of composition levy Persons who have been granted provisional registration and who opt for composition levy (Intimation is filed under Rule 3(1) in Form GST CMP-01) The appointed date i.e. 22nd June, 2017 Persons opting for composition levy at the time of making application for new registration in the same registration application itself (The intimation under Rule 3(2) in FORM GST REG-01 itself) Effective date of registration; Intimation shall be considered only after the grant of registration and his option to pay tax under composition scheme shall be effective from the effective date of registration. Persons opting for composition after obtaining registration (The intimation is filed under Rule 3(3) in Form GST CMP-02) The beginning of the fin

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and manufactured tobacco products; (f) he shall mention the words composition taxable person, not eligible to collect tax on supplies at the top of the bill of supply issued by him; and (g) he shall mention the words composition taxable person on every notice or signboard displayed at a prominent place at his principal place of business and at every additional place or places of business. 18. What is the validity of composition levy? Ans. The option exercised by a registered person to pay tax under composition scheme shall remain valid so long as he satisfies all the conditions mentioned in section 10 of CGST Act, 2017 read with Chapter II of the CGST Rules, 2017. 19.What are the other compliances which a provisionally registered person opting to pay tax under the composition levy need to make? Ans. Such person is required to furnish the details of stock, including the inward supply of goods received from unregistered persons, held by him on the day preceding the date from which he op

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position scheme can file a duly signed or verified application in FORM GST CMP-04. Every person who has filed an application for withdrawal from the composition scheme, may electronically furnish, a statement in FORM GST ITC-01 containing details of the stock of inputs and inputs contained in semi-finished or finished goods held in stock by him on the date of withdrawal, within a period of thirty days of withdrawal. 23.Will withdrawal intimation in any one place be applicable to all places of business? Ans. Yes. Any intimation or application for withdrawal in respect of any place of business in any State or Union territory, shall be deemed to be an intimation in respect of all other places of business registered on the same Permanent Account Number. 24.Can supplier of Services opt for composition levy? Ans. No, the only exception being supplier of restaurant services. For no other service Composition Scheme is available. 25.Can a person paying tax under composition scheme make supplies

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Goods and Services Tax – Started By: – Vamsi Krishna – Dated:- 17-7-2017 Last Replied Date:- 18-7-2017 – Dear SirsWe fall under Exempted category of services being engaged in Agricultural produce. But during our business course we have obtained an opinion from Legal ( Lawyer) which falls under RCM as per GST provisions.In this case we have are we required to obtain registration to discharge the RCM liability though we are covered under exempted category.Further if we make purchases from Unregistered persons u/s 9(4), are we required to register and discharge the liability under RCM.We dont want to go for registration and avail GST credit even. Can any expert clarify on the above??Thanks in Advance.. – Reply By KASTURI SETHI – The Reply = N

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Goods and Services Tax – Started By: – RAI TOMAR – Dated:- 17-7-2017 Last Replied Date:- 10-8-2017 – My Clint doing job work for Principle manufacturer and both are situated in different states.The Job worker receive Stainless Steel Patti /Patta / sheet hot or cold for further process such like cut- to size ( Thickness, with , length) as required by principle manufacturer. And said manufacturer use these size making for utensils items & other house hold articles.What is the Reply By KIRTIK

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Goods and Services Tax – GST – Dated:- 17-7-2017 – New Delhi, Jul 17 (PTI) Prime Minister Narendra Modi today hoped the growing stronger together spirit of the GST will bring enthusiasm to Parliament proceedings and that political parties will engage in high standard of debate and provide value addition during the Monsoon session. Terming the start of the session as very significant, Modi noted that this session has got an opportunity to elect a new president and a vice-president for the country, which will also complete seven decades of its Independence on August 15. Today the Monsoon session begins. After summer, the advent of rain brings in a fresh pleasant smell in the soil. Similarly, the Monsoon session will bring in a new spirit aft

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growing stronger together. I hope the same GST spirit prevails in this session, he said. The Budget session of Parliament had enacted the Goods and Services Tax act, which was supported by all political parties in both the Lok Sabha and the Rajya Sabha. This session is very significant. On August 15, we will complete seven decades of our Independence. On August 9, which comes in the midst of the session, the Quit India Movement turns 75 years, he said. The prime minister said since the Monsoon session falls in one of the most significant period of the country, so naturally, people's attention, like always, will be focused more on this session. As the Monsoon session of Parliament gets underway, we salute our farmers who have been ensuri

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Goods and Services Tax – GST on legal services – Constitutional validity of Section 9(4) of CGST Act – Delhi High Court passed an order giving interim relief to the Advocates – TMI Updates – Highlights

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