Goods and Services Tax

Goods and Services Tax – Started By: – tarun verma – Dated:- 15-7-2017 Last Replied Date:- 18-11-2017 – sir,please provide me gst rate on sale of scrap1) sale of scrap of steel and iron2) sale of aluminium 3) sale of waste wood4) sale of debris, demolished destructive material at construction site. exclude iron and steeland also describe provision on tds on sale of scrap under gst – Reply By KASTURI SETHI – The Reply = Scrap of steel & iron GST @ 18% HSN code 7204 Scrap of Aluminium GST @ 18 % HSN Code 6702 Scrap/waste wood GST @ 5% HSN Code 4401 – Reply By CS SANJAY MALHOTRA – The Reply = Correction on code of Aluminium Scrap. Please read the same as 7602 . – Reply By KASTURI SETHI – The Reply = Yes Sir. It is 7602. Typing error by me

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 15-7-2017 Last Replied Date:- 15-7-2017 – Statutory Provisions Section 7 of CGST Act 2017 provides for scope of supply as under: (1) For the purposes of this Act, the expression supply includes- (a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business; (b) import of services for a consideration whether or not in the course or furtherance of business; (c) the activities specified in Schedule I, made or agreed to be made without a consideration; and (d) the activities to be treated as supply of goods or supply of services as referred to in Schedule II. (2) Notwithstanding anything contained in sub-section (1),- (a) activities or transactions specified in Schedule III; or (b) such activities or transactions undertaken by the Central Government, a State G

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rm Supply has been defined in an inclusive manner. The word includes in definition is used to enlarge the meaning of the words or phrases occurring in the body. Thus the specific transactions listed in Section 7 are only illustrative and the definition would be widened to include other similar kind of transactions. It may be noted that the term transfer used in the definition of supply has not been used in rest of GST law. Whereas the term removal has been defined in the Act but the same has not been included in the definition of supply. The provisions in section 31 in respect of issuance of invoice are in reference to removal. The term transfer included in the definition of supply can be read as including removal also. The barter is different from exchange only to the extent that in barter goods and/or services are exchanged for goods and/or services. In exchange, goods and/or services besides other goods and/or services could also be exchanged for property. Thus, exchange is a wider

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party agrees to convey an estate in property to another person for a consideration. The lease could be of immovable property or movable property. In the contract of lease, the ownership is not transferred and is retained by the lessor but the possession and right to use is transferred to the other party called lessee. Though the terms rental and leasing are used inter-changeably, there is a slight difference in the two. Lease is a contract to rent an asset for a set period of time and for set terms and conditions. Lease is generally for a longer period of time in which both the parties are required to observe terms and conditions of lease provided in the lease agreement. Disposal means alienate the ownership of the goods. Example: Sharp Limited is a manufacturer of calculators. It decided to donate 1000 calculators to a school. This transaction would be called disposal of calculator (finished goods) by Sharp Limited. The words agreed to be made have been provided in the definition of

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tion for the purpose of GST. Any subsidy received from Central or State Government would not be includable in taxable value but subsidy received from any other source which is linked to the product will be part of taxable consideration. The taxability of deposits will depend on the treatment given to such deposits. In case these deposits are not adjustable, then these will not become part of consideration but in case some kind of adjustments are made in the deposit amount, then such deposit will be considered as advance payment received and would be taxable. Any transaction of supply of goods and/or services to be taxable should be in the course or furtherance of business. In case the supply is determined not made in the course or furtherance of business, it will not be leviable to GST. The terms commerce and trade are often used inter-changeably. While commerce refers to large scale business activity, while trade describes commercial traffic within a state or a community. Import of se

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kes to supply goods on behalf of principal. by an agent to his principal, where the agent undertakes to buy such goods on behalf of his principal. Importation of services by a taxable person from a related person or any of his establishment outside India, in the course or furtherance of business. The transactions of supply between a principal and agent and also between two branches of the same person would be considered as a taxable supply. The transactions of stock transfers would become taxable in GST. In respect of importation of services by a taxable person, it is important to note that the importation of services for a consideration has been considered as taxable supply in section 7(1)(b) and importation of services without consideration from a related person or own establishment located outside India has been considered taxable under Schedule I. Hence, importation of service without consideration by a non-taxable person would not be taxable. Supplies under Schedule II Presently,

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al, burial, cremation etc. Sale of land and building. Actionable claims other than betting and gambling Such services carried out by Central or State Governments or a local authority. It is important to note that the services which are taxable in the hands of other persons would be taxable even if carried out by Government or a local authority. = = = = = = = = = = = – Reply By KASTURI SETHI – The Reply = Sir, Pl. refer to Schedule-III (Sale of land and building). The inclusion of 'sale of land' in the negative list (Schedule-III) is justified. How inclusion of 'building' into this Schedule is justified ? Any building cannot come into existence without construction service. No building can be completed without involving labour and supervision of contractor. The ingredient of providing taxable service from one person to another person for consideration is very much present. The law says (Pre-GST era and Post-GST era both ) if the whole payment is received after completion

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 15-7-2017 Last Replied Date:- 27-7-2017 – It is a fact that GST which has been introduced in India w.e.f. 01.07.2017 has kept out all forms of alcoholic beverages (e.g. beer, whiskey or wine) out of its ambit and as such anybody would believe that GST will not impact alco-beverages and that alco-beverages may enjoy neutrality so far as taxes are concerned. Simply put, taxes on liquor are going to be same in GST era, as they are at present. But business may not be the same as it is done today as GST would bring in certain compelling changes for alco-beverages industry, impacting the costs and eventually the prices. Legally speaking, alcoholic beverages meant for human consumption are out of the scope of Goods and Services Tax (GST) net and anybody who knows this would understand that there can not be any new impact, whatsoever, on alco-beverages in GST regime. However, this may not actually happen. Let's look at how

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puts) and services which go into the manufacture of liquor may go up and become part of the cost. This shall invariably happen as taxes would form part of cost. The only exception could be grain spirit and grapes on which GST may not apply. However, another major input, molasses has been placed in highest tax bracket of 28 percent. All other inputs like chemicals, colouring agents and other consumables will also suffer GST of 5-18 percent. Coming to services, almost all services, right from taking approvals and licenses from the Government to distribution in market would be liable to levy of GST. For example, if you have taken a distillery on lease, that lease will suffer GST. If you produce on job work basis, that job work would be subject to tax. Even assignment of 'brand' by the brand owner on temporary basis for production would be liable to levy of GST. Then costs of production, marketing, distribution, advertisements, cargo handling, packaging, warehousing, transportation

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dded Tax (VAT) when sold. Thus, the industry would be subject to same taxation as was applicable prior to July 1, 2017. While this segment of economy continues to reel under existing taxes, they would also be subject to levy of GST on: All inputs which are covered under levy of GST, Input services which go into rendering of supply of goods or services in relation to alco-beverages, and Certain fees payable for licenses and permits to State Government or local bodies which do not form part of taxes on which tax would be payable. The alco-beverage supplies are effected through licensed shops, bars, permit rooms, restaurants, hotels etc in one or the other form. So far as 'only sale' of liquor or alco-beverages are concerned (say, from shops), the taxation is simple, no GST at all but VAT on full supply value. However, where liquor is served at a place such as bar, restaurant, hotel etc. along with other food and beverages, the taxability may become complex and this may create new

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/ drinks (18%) and aerated water / drinks (@28% + cess). One would have to decide whether such supplies are mixed supplies (artificially bundled) or composite supplies (naturally bundled). Sale of liquor from mini bar in a hotel room would be considered as a pure sale and may not be subject to GST but State VAT only. It would be desirable to conceive bundling of products where tax confusions are best avoided. Also, whenever there is a doubt on taxability or rate of tax, bills or invoices may be better split and tax charged accordingly. The slogan of 'one market one tax' does not apply to alco-beverages as this sector will continue to live with many taxes (VAT, State Excise and of Course GST on various inputs, input services and capital goods) and have prohibition of 'one market' (as each State will have its own tax laws so far as liquor is concerned). Though one can argue that demand for potable liquor to large extent is income in elastic, yet it will face the rigors of

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Goods and Services Tax – Started By: – Bhushan Velhal – Dated:- 15-7-2017 Last Replied Date:- 15-7-2017 – Dear All, RCM Service bills dated prior to June 17,but received in July month kindly comfirm GST applicable on those bills or can we pay Service Tax under RCM , Pls. proivde also if any notification. Regards Bhushan – Reply By HimansuSekhar Sha – The Reply = As per rule 7 of pot rules, the date of payment in RCM cases is the point of taxation.if payment in July, pot is not in June. Pot is t

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 15-7-2017 Last Replied Date:- 16-7-2017 – We are manufacturing of Pharmaceutical Machinery registered under GST Act. In routine course we require to send material for free of cost to our customer.While sending the FOC material we will charged GST as per law with tax invoice. In this case we are not recovering any cost from our customer also we are costing the material 110%.My question is that invoice we will prepare for the a

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 15-7-2017 Last Replied Date:- 28-7-2017 – We are manufacturing Pharmaceuticals Machinery registered under GST Act. we have provide installation & repairing services to our customers.We have provide SAC to our customer as below.Maintenance and Repair Services of Commercial & Industry Machinery 998717Installation Services of other goods 998739Please advice us SAC for the mentioned above is correct or any changes to be m

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GST – States – 31 T of 2017 – Dated:- 15-7-2017 – Office of the Commissioner of sales Tax, Maharashtra State, 8th Flr., Vikrikar Bhavan, Mazgaon, Mumbai-400010 TRADE CIRCULAR NO. JCST/Mahavikas/GST Enrollment/2017-18/B-405 Mumbai, Dt. 15/07/2017 Trade Circular No. 31 T of 2017 Subject: Advisory to trade for issues related to GST Migration and New Registrations. The GST Enrollment process for existing taxpayers from Maharashtra State has been started from 11th November 2016 and New Registration Process on GST Portal has been started from 25th June 2017. In relation to the enrollment and registration process, some queries were raised by the trade. The resolution received for these queries from GSTN is brought to the notice of the trade through this circular. 1) Registration for SEZ units/Verticals of business on Same PAN. This office has received queries from trade enquiring about the procedure for Registration for SEZ units/ Verticals of business on the GST Portal. In this relation GST

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The data while filling up the application form resides in the cache memory of the computer and such mishap happens. In order to avoid such mishaps, all the tax practitioners are hereby advised: a) NOT to open more than one enrolment or registration case at one time. b) After completing one case, clear the cache memory of the computer system before initiating second registration/enrolment process. 3) Change of email id and Mobile Number of Primary Authorized Signatory in GST Registration database: It was already mentioned on GST Portal that, dealers should provide only the e-mail address and mobile number of the primary Authorized Signatory appointed by dealer. All future correspondence from the GST Common Portal will be sent on this registered mobile number and e-mail address only. Tax Practitioners will be given separate username and password by the GST System for the purpose of login to the GST Common Portal. In many cases, this is not followed, E-mail address and mobile number of T

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tion database, will apply in writing for such change to his concerned Nodal Officer in Maharashtra GST Department (MGSTD). 2) The Nodal Officer will confirm that the email id and Mobile Number are of the authorized Signatory and not of any Tax Practitioners 3) On confirmation of the email id and Mobile Number, the Nodal officer will communicate following details on mail id gst.resetme@mahavat.gov.in a) GSTIN/Provisional Id of the Taxpayer b) Taxpayer's Name c) New Mobile Number of Authorized Signatory d) Email Id of Authorized Signatory (Please note that, request for change in email id and mobile number received from Nodal Officers through department's mail id (i.e. mahavat.gov.in. mails) will only be considered.) 4) All these requests received from department's mail id will be communicated to GSTN by the office of Deputy Commissioner of State Tax, Help desk for making changes in the GST Registration database. 4. Clarification on Migration, New Registration, opting for comp

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GST – States – G.O.Ms. No. 19/CT/2017-18 – Dated:- 15-7-2017 – GOVERNMENT OF PUDUCHERRY COMMERCIAL TAXES SECRETARIAT G.O.Ms. No. 19/CT/2017-18 Puducherry, dated 15.07.2017 Corrigendum In the notification issued vide G.O Ms. No. 2/2017- Puducherry GST (Rate), dated the 29th June, 2017 of the Commercial Taxes Secretariat, Government of Puducherry and published in the Extraordinary Gazette of Puducherry, Part-I, No.95, dated 29th June, 2017,- (i) in the Schedule, in the entry at serial No.45, for

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GST – States – G.O.Ms. No. 18/CT/2017-18 – Dated:- 15-7-2017 – GOVERNMENT OF PUDUCHERRY COMMERCIAL TAXES SECRETARIAT G.O.Ms. No. 18/CT/2017-18 Puducherry, dated 15.07.2017 CORRIGENDUM In the notification issued vide G.O. Ms. No. 1/2017- Puducherry GST (Rate), dated the 29th June, 2017 of the Commercial Taxes Secretariat, Government of Puducherry and published in the Extraordinary Gazette of Puducherry, Part-I, No.95, dated 29th June, 2017,- (i) in Schedule I, in the entry at serial No.35 for Coffee, whether or not roasted or decaffeinated read Coffee roasted, whether or not decaffeinated (ii) in Schedule I, after the entry at serial No. 103, insert,- "103A 2302 Bran, sharps and other residues, whether or not in the form of pellets, de

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GST – States – G.O.Ms. No. 17/CT/2017-18 – Dated:- 15-7-2017 – GOVERNMENT OF PUDUCHERRY Corrigendum COMMERCIAL TAXES SECRETARIAT G.O.Ms. No. 17/CT/2017-18 Puducherry, dated 15.07.2017 CORRIGENDUM In the notification issued vide G.O Ms. No. 1/2017- Puducherry GST (Rate), dated the 29th June, 2017 of the Commercial Taxes Secretariat, Government of Puducherry and published in the Extraordinary Gazette of Puducherry, Part-I, No.95, dated 29th June, 2017,- (i) in Schedule I, in the entry at serial N

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GST-Pharmaceuticals dealers – information-reg. – GST – States – C1-24614/16/CT Eoffice 11137/17 – Dated:- 15-7-2017 – PDF DOWNLOAD – Notification – Circular

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Goods and Services Tax – Started By: – Raman Singla – Dated:- 14-7-2017 Last Replied Date:- 15-7-2017 – What will the input tax credit in GST (18%) for VAT @5% ????e.g. ₹10000/- paid VAT is on books for purchase of 2 lacs…now if sale is made of 2 lacs , GST wil be @15 % = ₹36000/-How much tax should be deposited ?????? – Reply By HimansuSekhar Sha – The Reply = Vat will be entered in tran 1 so that it will be available as sgst credit. – Reply By Ganeshan Kalyani – The Reply = VAT

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Goods and Services Tax – Started By: – MohanLal tiwari – Dated:- 14-7-2017 Last Replied Date:- 15-7-2017 – Dear sir/s,The services of ticketing & hotel are taken by individuals / representatives of the company, kindly advise how to get the booking done in the name and GST number of company for getting credit of ITC. – Reply By Kishan Barai – The Reply = At the time of booking , please make sure you enter Company name in IRCTC or Paytm (Air Tickets booking with Cashbacks) – Reply By MohanLal

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Goods and Services Tax – Started By: – MohanLal tiwari – Dated:- 14-7-2017 Last Replied Date:- 14-7-2017 – Dear Sir/s,We are manufacturing tailor made items and taking 20% or 30% advance against Bank Guarantee from customers (including foreign customers) for raw materials procurement. Our Queries are as under :-1. Whether we should claim advance including proportionate GST and pay GST on receipt of advance against Receipt Voucher.2. Whether GST will be payable against advances received from foreign buyers also against export orders.3. Since invoicing is done and advance is adjusted in proportionate to quantity supplied, whether advance will also be adjusted accordingly from each supply invoices. – Reply By Kishan Barai – The Reply = There

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Goods and Services Tax – GST – Dated:- 14-7-2017 – Kolkata, Jul 14 (PTI) – The initial procedural and software glitches of Goods and Services Tax have smoothen a lot, Calcutta Freight Brokers Association said today. Initially, there were lot of problems with procedural issues since GST was rolled out from July 1. There were problems in generating shipping bills. But a lot had been eased and now export consignments has also picked up now, Calcutta Freight Brokers Association chairman Rajiv Agarw

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Goods and Services Tax – Started By: – Vishnu Dutt Gupta – Dated:- 14-7-2017 Last Replied Date:- 14-7-2017 – Dear Sir,If any goods cleared from Gujrat (Vendor) to Maharashtra ( Processor) on behalf of Rajasthan ( Manufacturer) as direct delivery & Freight payment liability of person in Rajasthan then what is the place of supply of tax on freight payment (reverse charge).Rgds,MJ – Reply By HimansuSekhar Sha – The Reply = In my view the liability is on rajastan manufacturer. – Reply By Ganesh

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 14-7-2017 Last Replied Date:- 14-7-2017 – We have noticed that SAC is replaced by HSN Code. If it is ok any notification is there. – Reply By MADAN RAHEJA – The Reply = Service Accounting Code (SAC) is only in respect of services and not in respect of goods. As regards goods, the notifications determining GST rates have made the tariff item, sub-heading, heading and chapter as specified in the First Schedule to the Customs Ta

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Goods and Services Tax – Started By: – Kailash Saini – Dated:- 14-7-2017 Last Replied Date:- 14-7-2017 – Plz confirm that the Agriculture Implements hand drive Chaff Cutter is GST free or not ? – Reply By Ganeshan Kalyani – The Reply = Chapter 8201 Agricultural implements manually operated or animal driven i.e. Hand tools, such as spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, h

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Goods and Services Tax – GST – Dated:- 14-7-2017 – Further clarification on tax in reverse charge on gold ornaments; Sale of old jewellery by an individual to a jeweller will not make the jeweller liable to pay tax under reverse charge mechanism on such purchases; However, if an unregistered supplier of gold ornaments sells it to registered supplier, the tax under RCM will apply. In the GST Ki Master Class held yesterday, in one of the replies given to an on-the-spot-question, it was informed that purchase of old gold jewellery by a jeweller from a consumer will be subject to GST @ 3% under reverse charge mechanism in terms of the provisions contained in Section 9(4) of the CGST Act, 2017. On further examination, it is felt that the issue

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 14-7-2017 Last Replied Date:- 14-7-2017 – We are manufacturing Pharmaceutical Machinery having Domestic Sale and two type of export. i.e. Manufacturing Export & Treading Export (Earlier Under B1 Bond-CT-1) In Manufacturing Export we have exported our Machinery and Trading export we have buying from other Manufacturing unit and export the same. Now, in GST regime we have to buy machinery for trading export with payment of

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Goods and Services Tax – Started By: – Kavita Sharma – Dated:- 14-7-2017 Last Replied Date:- 14-7-2017 – Under composition rules, a dealer can not opt for composition scheme if his stock on the appointed day contains 2% CST Stock.My query is this, whether there is any way that he can opt for Composition scheme by paying the difference tax as in the case of stock purchased from unregistered dealer?RegardsKavita Sharma – Reply By Ganeshan Kalyani – The Reply = A registered person, whose aggregate turnover in the preceding financial year did not exceed seventy five lakh rupees, may opt to pay, in lieu of the tax payable by him, an amount calculated at such rate as may be prescribed subject to some condition. In my veiw there is no condition a

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ST. In terms of Rule 3(1) of the Composition Rules, the person exercising the option to pay tax u/s 10 i.e Composition levy, he has to comply with the certain cumulative conditions, out of which one condition is:- The Goods held in stock by him on the appointed day have not been purchased in the course of inter-state trade or commerce or imported from a place outside India or received from his branch situated outside the State or from his agent or principal outside the State, where the option is exercised under sub-rule (1) of Rule 1 In view of above rule , please review my query Regards – Reply By KASTURI SETHI – The Reply = After going through the above provisions cited by you, my reply is same. – Reply By MADAN RAHEJA – The Reply = On th

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Goods and Services Tax – GST – By: – Lakhvinder Singh – Dated:- 14-7-2017 Last Replied Date:- 21-7-2017 – A. Introductory provisions of reverse charge under GST Law. • In terms of section 9(1) of Central Goods and Services Tax Act, 2017, Central Goods and Services Tax (CGST) shall be levied on all intra-state supplies of goods & services or both except the supply of alcoholic liquor for human consumption. • In terms of section 5(1) of Integrated Goods and Services Tax Act, 2017, Integrated Goods and Services Tax (IGST) shall be levied on all inter-state supplies of goods & services or both except the supply of alcoholic liquor for human consumption. • However, by virtue of section 9(3) of Central Goods and Services Tax Act, 2017 and section 5(3) of Integrated Goods and Services Tax Act, 2017, the Government on recommendations of council may specify categories of supply of goods or services or both wherein tax shall be paid under reverse charge. Government has is

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rvices Tax Act, 2017: Reverse charge means the liability to pay tax by the recipient of the supply of the goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub-section (4) of section 9, or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods & Services Tax Act. • Reverse charge is only a mode of collection of CGST/SGST or IGST on Supplies of goods and services where the service receiver (may be wholly or partially) will be liable to pay CGST/SGST or IGST to Government. • As per Section 9 of the CGST Act, 2017 there are two types of supplies which are liable to tax under reverse charge mechanism which are: Specified categories of supply of goods or services or both as notified under GST Law. Supply of taxable goods or services or both having value more than ₹ 5000/- per day by an unregistered supplier to a registered person. C. Reasons for Reverse Charge • Safeguarding the intere

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r law for the time being in force in any part of India. c) Any co-operative society established by or under any law. d) Any dealer of excisable goods, who is registered under the Central Excise Act, 1944 or the rules made there under. e) Any Body-corporate established, by or under any law; or f) Any partnership firm whether registered or not under any law including association of persons g) Casual Taxable Person Person who pays the freight shall be treated as receiver of service. Legal service Services provided by individual advocate or a firm of advocates including senior advocate. Service receiver should be a business entity in taxable territory. Liability of service receiver is 100%. Service provided to another advocate or firm of advocates; non business entity or business entity having turnover of less than ₹ 20 lacs in previous year exempted. Services of Arbitral Tribunal • Services provided by an arbitral tribunal. Service receiver should be a business entity in taxabl

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ver -Company or body corporate – liable for 100 % Services by An Insurance Agent Services provided by an insurance agent. • Service receiver is any person carrying on insurance business. Liability of service receiver – 100% Services by Recovery Agent Services provided by a Recovery Agent. Service receiver is Banking Company or Financial Institution or a non banking financial company. Liability of service receiver – 100% Goods Transportation up to Custom Station (Not Covered in CGST LAW) Services provided by way of transportation of goods by a vessel from a place outside India up to the Customs station of clearance in India by a person located in non-taxable territory to a person located in non-taxable territory. Importer as defined under sec. 2(26) of the Customs Act, 1962 is to be deemed as Service Recipient. Liability of service receiver – 100% Enjoyment of Copy Rights Services provided by Author or music composer, photographer, artist, etc. by way of transfer or permitting the

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provided by mutual fund agent or distributor to a mutual fund or asset management company. • To be provided by a selling or marketing agent of lottery tickets to a lottery distributor or selling agent. • Renting of motor vehicle except through e-commerce operators. • Supply of manpower or security service. • Work Contract Service G. Issues Is the reverse charge mechanism applicable only to services? – No, reverse charge applies to supplies of both goods and services. Composition scheme not applicable for tax payable under RCM: It is important to note that for any tax payable under reverse charge mechanism, the option of payment under composition scheme will not be available as per the provision of section 10(1) of CGST Act, 2017. In other words, a taxable person opting for composition scheme will be required to pay tax on supplies taxable under RCM at regular rates and not the composition rate. • Time of Supply of Goods under Reverse Charge – Where tax is paya

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find buyers. Who will purchase goods from them? (Only limit is 5000/- per day.) – Reply By Maninder Singh – The Reply = Sir, As per section 5(4) of IGST Act, if a registered person purchase any goods or service exceeding ₹ 5000/- per day from any or all unregistered supplier, he is liable to pay IGST on reverse charge basis. However when we have a look on the section 24 of CGST Act, it says that person making any inter-state taxable supply, will have to take registration mandatory, it means that unregistered person can not make inter-state supply, So here how the question of reverse charge arise. Please correct me if I am taking a wrong view and clarify in case of goods or service or both. I have one more query regarding the reverse charge on expenses incurred by employees for official purpose, like conveyance, food and beverages, telephone or internet where they receive services from unregistered person. Whether company is liable to pay GST on reverse charge when it makes reimb

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gistered purchase is ₹ 11500/- in a day. Is it liable to pay RCM.I seen some youtube video , they are telling that ₹ 5000/- per day from a single person not in gross or in total. further I purchase ₹ 6000/- then may it be taxable in whole under RCM. – Reply By Rohit Bhura – The Reply = Sir, under point D you have written Taxable territory – Whole of India except Jammu & KashmirBut as GST is applicable to J & K also so the taxable territory should be whole of india – Reply By MANOHARAN ARUMUGAM – The Reply = Sir,For inter-state services the service provider has charges us IGST @ 18% But in the invoice, they have shown this as CGST & SGST. The service provider says that this is per their system. My query is if the recipient unit can avail input tax credit? Pl. clear my doubt.A.Manoharan – Reply By KASTURI SETHI – The Reply = Under RCM, recepient can take credit only after making payment in cash. – Reply By Ganeshan Kalyani – The Reply = Nice article. – Reply

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= Dear Sir,Thanks for giving clarifications on the query. Request you to please share your opinion on reverse charge in case of interstate supply where registration is mandatory for a person making interstate supply. – Reply By swaminathan venkataraman – The Reply = IMPROMPTUThe term 'reverse charge', as explained, calls for an elucidation. To be precise, the point not made quite clear is this: Whether the recipient acts only as a collecting agent of the levy; that is, the burden has to be picked up and borne by the supplier, in all situations? To Dilate: • Reverse charge is ONLY A MODE OF COLLECTION of CGST/SGST or IGST on Supplies of goods and services where the service receiver (MAY BE WHOLLY OR PARTIALLY) WILL BE LIABLE to pay CGST/SGST or IGST to Government. The term reverse charge , as thus explained, in one s view, is lacking in clarity.According to the scheme of things, as read and understood: Any levy of service tax, be it on supply of services (or of goods), if

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ublic domain , for useful guidance. – Reply By swaminathan venkataraman – The Reply = WRT – Taxable territory -Whole of India except Jammu & Kashmir There is another aspect which has been brought out and shared on Facebook / Linked in, intended for deliberation by eminent experts. That is on the point of doubt in one s mind, -whether it is amply clear that the service tax jurisdiction is limited to or extends beyond the territorial waters of India (i.e. 12 nautical miles ) . For comparison, need to keep in focus the areas of ongoing controversy , and issues still kept alive, in the matter of income-tax jurisdiction. – Reply By Pratik Jain – The Reply = Dear Sir,In Case of reimbursement by employer to employee for telephone exp, food, etc, we understand RCM is not applicable, so how would be book these expenses in our balance sheet, under employee exp or under individual heads like telephone exp, food exp, etc. – Reply By Pratik Jain – The Reply = Also please help, what entries we h

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Singh ji very nice article.Sir I have query i.e. does advance payment to FOREIGN VENDOR for import of goods, liable to IGST under RCM as the foreign vendor is unregistered dealer as per GST Act ?Further if we pay IGST on RCM basis on payment of advance, again the same will be taxed at the time of import when the BILL OF ENTRY will be filed, which implies double taxation.Sir please clarify this issue.Thanks in advance. – Reply By Gautam Kumar Bera – The Reply = ALL UNREGISTERED DEALER:-Suppose if I purchased fro July-20171. Tea Expenses Rs.10000/-2. Printing & Stationery Rs.10000/-3. office expenses Rs. 10000/-I have incurred ₹ 30,000/- all unregistered Purchases and we need to pay GST under RCM and Bill may be raised all together in a single bill at the end of July-2017. a) In case of billing we need to mention separate HSN Codes for the above items separately or it may be included in a single HSN Code. b) In case of separate HSN Code is there any exact HSN Codes for the abov

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red person in Delhi itself. In the said transaction, he himself arranges the transporter and the risk & rewards of the goods are transferred to recipient on the factory gate of person in delhi. What shall be the place of Supply??? – If i consider place of Supply at Delhi only- The same would amount to Intrastate Transaction, thus out of IGST. Will I be Liable to take registration as casual dealer?? – If The Place of Supply is U.P.- Who will discharge IGST?? Will the Supplier be liable for Compulsory registration? Please Guide. Thanks & Regards, Abhishek – Reply By Raman Singla – The Reply = What is the maximum cash purchase limit from unregistered person in a single day under RCM ???? – Reply By abhishek ghai – The Reply = Sir,Waiting for your response. kindly also clarify the manner of billing to be done in case of Purchases from Unregistered persons- Whether Self billing (Treating as outward Supply) or Inward Purchase billing to be done??Thanks & regards,CA Abhishek – Rep

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 14-7-2017 Last Replied Date:- 15-7-2017 – As India migrates to Goods and Services Tax (GST) in near future, as it is likely to, the economy will also move from a closed, multi-tax, non-efficient and non transparent indirect tax regime to a common GST regime which will be more productive, efficient, business friendly and transparent tax regime. All transitions are painful but then, they say, there is no gain without pain. To migrate from present indirect tax regime to GST regime, a major transition will take place – be it in economy, business, taxation or management front. Over-night, business entities will be made to comply with new tax law which may not be an easy exercise. It becomes a more complex one as multiple taxes will transit to one tax which requires both-transition or migration as well as merger of more than two taxes (18 State and Central taxes get subsumed into one GST which has three components viz, CGS, S

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42. Miscellaneous transitional provisions Long term contracts In case of job works, work contacts, long term or turnkey projects which are carried out over a period of time (not just short term or within a year), there will be transition issues as such projects or contracts will span over both tax regimes, i.e., present tax regime and proposed GST regime. Such contracts could be for the purpose of – Commercial or residential construction contracts Erection, commissioning or installation EPC contracts Turnkey projects Management, maintenance and repairs Continuous supply of goods and / or services on ongoing basis In all the above examples, wrong term contracts of works contracts / construction etc shall be subject to relevant transition provisions. Transitional provisions specifically in respect of long term construction or works contracts provides for treatment of long term construction contracts or works contracts. In respect of any supply of goods and/or services made in respect of

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is charged on happening of either the supply or payment whichever is first, any supply of goods and/or services made in respect of these contracts on or after the appointed day will be dealt with as follows- In case consideration, whether in full or part, for such supply of goods and/or services was received before the appointed day, and Tax or duty thereon was paid on receipt of such consideration as per earlier law, no tax would be payable under GST in respect of supply of such goods and/or services. In case of CGST, consideration can be received in full or in part(s). In case of SGST, there is no condition for receipt of consideration (full or in part) before the appointed day. If supply is made before the appointed day and duty or tax payable thereon has been paid under earlier law, no tax will be payable under GST. Suggestions For long term contracts, it would be desirable to review the existing contracts which may continue in GST regime for the following purposes – Ascertaining m

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Customs – 19 /2017 – Dated:- 14-7-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS NEW CUSTOMS HOUSE, PANAMBUR, MANGALURU – 575 010 Tel: 0824-2408164 Fax: 0824-2407100 E-mail:commr-cusmnglr@nic.in C. No. S-26/04/2016 Cus Tech Date: 14.07.2017 PUBLIC NOTICE NO. 19 /2017 Subject : Duty Drawback for supplies made by DTA units to Special Economic Zones in the GST scenario Attention of the Importers, Exporters, Customs Brokers, Steamer Agents, Liners and the members of Trade is invited to the Board s Circular No.24/2017- Customs dated 30.06.2017, detailing Board Circular No.43/2007-Customs dated 5.12.2007 and Circular No. 39/2010-Customs dated 15.10.2010 which inter alia prescribe that in respect of drawback claims by a DTA supplier for supplies ma

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the fixation of Brand rate in case of supplies from DTA to SEZ Unit or developer, if required, shall also be done by the office of said Principal Commissioner/ Commissioner. This shall apply to all fresh applications/ claims filed from 1.7.2017 onwards. 3. The applications/ claims which have already been filed up to 30.6.2017 and are pending with jurisdictional Central Excise formations shall be transferred to the Principal Commissioner/ Commissioner of Customs/ Customs (Preventive) having jurisdiction over the DTA supplier. For smooth transition of above cited work to Customs formations, it is essential that transfer of documents is undertaken carefully and in close coordination with Customs authorities concerned without disruption, delay

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GST – States – KA.NI.-2-941/XI-9(42)/17 – Dated:- 14-7-2017 – Uttar Pradesh Shasan Sansthagat Vitta, Kar Evam Nibandhan Anubhag -2 NOTIFICATION No.KA.NI.-2- /XI-9(42)/17-U.P.GST Rules-2017-Order-( )-2017 Lucknow : Dated : 14th July ,2017 In exercise of the powers conferred by section 164 of the Uttar Pradesh Goods and Services Tax Act, 2017 (U.P. Act no. 1 of 2017), the Governor is pleased to make the following rules further to amend the Uttar Pradesh Goods and Services Tax Rules, 2017, namely:- THE UTTAR PRADESH GOODS AND SERVICES TAX (SECOND AMENDMENT) RULES, 2017 Short title and Commencement 1. (1) These rules may be called the Uttar Pradesh Goods and Services Tax (Second Amendment) Rules, 2017. (2) They shall be deemed to have come into force with effect from the 1st day of July, 2017. Amendment of rule 44 2. In the Uttar Pradesh 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

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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 amount mentioned in the said sub-rule, the export as allowed under

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6. In the said rules, in rule 119, in the heading, for the word agent , the word job-worker shall be substituted; Insertion of Chapters XVII to XIX 7. In the said rules, after chapter XVI, the following Chapters shall be inserted, 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 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 ord

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ments 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 to States) Act, 2017 (Act no. 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

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ction (2) of section 76, a summary thereof electronically in FORM GST DRC-01, or (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 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 servic

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eafter 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 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 7

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n 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 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 th

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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 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 any such Authority to place encumbrance on the said movable or immovable property, which sh

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

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

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ds. 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 under the provision of 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 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 sha

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d 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 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

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de 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 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

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ble 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 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 o

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f 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 property by 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 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

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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 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

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