Goods and Services Tax

GST – 08/2017 – Dated:- 27-6-2017 – Superseded vide Notification No. 14/2019 – Central Tax dated 07-03-2019 GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No. 8/2017-Central Tax New Delhi, the 27th June, 2017 G.S.R. 647 (E).- In exercise of the powers conferred under the proviso to sub-section (1) of section 10 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Central Government, on the recommendations of the Council, hereby prescribes that an eligible registered person, whose aggregate turnover in the preceding financial year did not exceed 1[one crore rupees] , may opt to pay, in lieu of the central tax payable by him, 5[an amount of tax calculated at

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iff item, sub-heading, heading or Chapter, as the case may be, as specified in the corresponding entry in column (2) of the said Table:- TABLE S. No. Tariff item, sub-heading, heading or Chapter Description (1) (2) (3) 1. 2105 00 00 Ice cream and other edible ice, whether or not containing cocoa. 2. 2106 90 20 Pan masala 3. 24 All goods, i.e. Tobacco and manufactured tobacco substitutes Explanation. – (1) In this Table, tariff item , sub-heading , heading and chapter shall mean respectively a tariff item, sub-heading, heading and chapter as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975). (2) The rules for the interpretation of the First Schedule to the said Customs Tariff Act, 1975 (51 of 1975), including the S

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GST – 07/2017 – Dated:- 27-6-2017 – Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs Notification No. 7/2017 – Central Tax New Delhi, the 27th June, 2017 6 Ashadha, 1939 Saka G.S.R. 644 (E).- In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules to amend the Central Goods and Services Tax Rules, 2017, namely:- 1. (1) These rules may be called the Central Goods and Services Tax (Amendment) Rules, 2017. (2) They shall be deemed to have come into force with effect from the 22nd day of June, 2017. 2. In the Central Goods and Services Tax Rules, 2017,- (a) in rule 1, in the heading,

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visions of section 171 of the Act or the rules made thereunder. ; (f) in rule 22, in sub-rule (3), the words, brackets and figure sub-rule (1) of shall be omitted; (g) in rule 24,- (i) in sub-rule (1), the second proviso shall be omitted; (ii) after sub-rule (3), the following sub-rule shall be inserted, namely:- (3A) Where a certificate of registration has not been made available to the applicant on the common portal within a period of fifteen days from the date of the furnishing of information and particulars referred to in clause (c) of sub-rule (2) and no notice has been issued under sub-rule (3) within the said period, the registration shall be deemed to have been granted and the said certificate of registration, duly signed or verifie

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(ii) Suppliers making supplies referred to in clause (b) of paragraph 6 of Schedule II (iii) Any other supplier eligible for composition levy. ; (j) in Form GST CMP-07, for the brackets, words and figures [See rule 6(6)] , the brackets, words and figures [See rule 6(5)] shall be substituted; (k) in Form GST REG-12, for the words and figures within 30 days , the words and figures within 90 days shall be substituted; (l) in Form GST REG-25,- (i) for the words and letters, Provisional ID , the letters GSTIN shall be substituted; (ii) the words Place and shall be omitted. [F. No. 349/58/2017-GST] (Dr. Sreeparvathy S.L.) Under Secretary to the Government of India Note:- The principal rules were published in the Gazette of India,

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GST – 02/2017 – Dated:- 27-6-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No. 2/2017-Union Territory Tax New Delhi, the 27th June, 2017 G.S.R. 648 (E).- In exercise of the powers conferred by sub-section (1) and sub-section (2) of section 10 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act) read with section 21 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Central Government, on the recommendations of the Council, hereby prescribes that an eligible registered person, whose aggregate turnover in the preceding financial year did not exceed 1[one crore rupees], may opt to pay, in lieu of the tax payable by him, an amount cal

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lling under the tariff item, sub-heading, heading or Chapter, as the case may be, as specified in the corresponding entry in column (2) of the said Table:- TABLE S. No. Tariff item, sub-heading, heading or Chapter Description (1) (2) (3) 1. 2105 00 00 Ice cream and other edible ice, whether or not containing cocoa. 2. 2106 90 20 Pan masala 3. 24 All goods, i.e. Tobacco and manufactured tobacco substitutes Explanation. – (1) In this Table, tariff item , sub-heading , heading and chapter shall mean respectively a tariff item, sub-heading, heading and chapter as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975). (2) The rules for the interpretation of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), i

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Goods and Services Tax – Started By: – Narendra Soni – Dated:- 26-6-2017 Last Replied Date:- 26-6-2017 – Dear experts,We are manufacturing fabric and bags.Fabric is made from processing of Granules and then fabric is cut in different sizes and then stitched according to required Bag size.1.Some labour of contractors are engaged in making fabric on our machines, we pay them on meter/MT basis.2.Cutting and stitching work is done at our factory by the contractor's labour and we pay them on pie

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Goods and Services Tax – GST – Dated:- 26-6-2017 – Hyderabad, Jun 26 (PTI) Ahead of the roll-out of Goods and Services Tax (GST), Union minister M Venkaiah Naidu today said there may be some initial hiccups , but the new tax regime will help consumers and traders in the long-term. The GST, nation's biggest tax reform since independence, is set to be implemented from July 1. The midnight of June 30 will usher in a historic economic transformation the biggest reform in indirect taxes since independence with the rolling out of the GST regime, the Union Information and Broadcasting minister said here. With Prime Minister Narendra Modi coining the mantra of reform, perform and transform , GST is the biggest transformation of the taxation sy

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

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Union Finance Minister writes a letter to the Chief Minister of Jammu & Kashmir. Shri Jaitley urges CM Membooba Mufti Sayeed to implement GST in the State. – Goods and Services Tax – GST – Dated:- 26-6-2017 – The Union Finance Minister Sh. Arun Jaitley today has written a letter to the Chief Minister of the State of Jammu and Kashmir, Membooba Mufti Sayeed urging for introduction of the goods and services tax in Jammu and Kashmir from 1st July, 2017 along with the rest of the States. The Finance Minister observed that Jammu and Kashmir had actively participated in the GST Council meetings and had meaningfully contributed to framing of the various laws and rules for GST. He thanked the Chief Minister for having hosted the Fourteenth meeting

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rther, in his letter the Finance Minister also brought to the notice of the Chief Minister that in case the State of Jammu and Kashmir is not able to introduce GST from 1st July, 2017, it may lead to following adverse impact : (a) A general increase in prices in the State of all goods being purchased from other States and (b) Increase in the price of all goods being sold from the State of Jammu and Kashmir to other States which shall have an adverse impact on domestic industry in the State. The Finance Minister pointed out that this is so because the goods and services tax is a destination based tax. To ensure this an Integrated goods and services tax(IGST) shall be levied on all supplies of goods and services made in course of inter State

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Goods and Services Tax – GST – Dated:- 26-6-2017 – With the objective of ensuring smooth rollout of GST and taking into account the feedback received from the trade and industry regarding the provisions of deduction of tax at Source under Section 51 of the CGST / SGST Act 2017 and collection of tax at source under Section 52 of the CGST / SGST Act 2017, the following has been decided :- 1. The provisions of Tax Deduction at Source (Section 51 of the CGST / SGST Act 2017) and Tax Collection at Source (Section 52 of the CGST/SGST Act, 2017) will be brought into force from a date which will be communicated later. 2. Persons who will be liable to deduct or collect tax at source will be required to take registration, but the liability to deduct

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Goods and Services Tax – Started By: – Jasbir Uppal – Dated:- 26-6-2017 Last Replied Date:- 26-6-2017 – Dear Professionals,Works Contract executed in June 2017 , all the materials was consumed but payment will be received in July 2017. The question is whether the tax laws of VAT applicable or the provisions of GST will be applied.RegardsJ S UppalTax Consultant – Reply By Rajagopalan Ranganathan – The Reply = Sir, According to Section 13 (2) of CGST Act, 2017 the time of supply of services shall be the earliest of the following dates, namely:- (a) the date of issue of invoice by the supplier, if the invoice is issued within the period prescribed under sub-section (2) of section 31 or the date of receipt of payment, whichever is earlier; or

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

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Goods and Services Tax – GST – Dated:- 26-6-2017 – Tweet FAQs The tweets received by askGST_GoI handle were scrutinized and developed into a short FAQ of 100 tweets. S. No. Questions / Tweets Received Replies Registration 1. Does aggregate turnover include value of inward supplies received on which RCM is payable? Refer Section 2(6) of CGST Act. Aggregate turnover does not include value of inward supplies on which tax is payable on reverse charge basis. 2. What if the dealer migrated with wrong PAN as the status of firm was changed from proprietorship to partnership? New registration would be required as partnership firm would have new PAN. 3. A taxable person s business is in many states. All supplies are below 10 Lakhs. He makes an Inter State supply from one state. Is he liable for registration? He is liable to register if the aggregate turnover (all India) is more than 20 lacs or if he is engaged in inter-State supplies. 4. Can we use provisional GSTIN or do we get new GSTIN? Can

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ver includes turnover of supplies on which tax is payable by the recipient under reverse charge? Outward supplies on which tax is paid on reverse charge basis by the recipient will be included in the aggregate turnover of the supplier. 9. If there are two SEZ units within same state, whether two registrations are required to be obtained? SEZs under same PAN in a state require one registration. Please see proviso to rule 8(1) of CGST Rules. 10. Is an advocate providing interstate supply chargeable under Reverse Charge liable for registration? Exemption from registration has been provided to such suppliers who are making only those supplies on which recipient is liable to discharge GST under RCM. 11. When is registration in other state required? Will giving service from Nasik to other state require registration in other state? If services are being provided from Nasik then registration is required to be taken only in Maharashtra and IGST to be paid on inter-state supplies. 12. I have mig

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cessary to register for GST, if the turnover exceeds ₹20 lacs? A person dealing with 100% exempted supply is not liable to register irrespective of turnover. 17. Is it correct that person dealing exclusively in NIL rated or exempt goods/ services liable to register if turnover > 20/10 Lakh? There is no liability of registration if the person is dealing with 100% exempt supplies. 18. If I register voluntarily though turnover is less than 20 Lakhs, am I required to pay tax from 1st supply I make post registration? Yes, you would be treated as a normal taxable person. 19. Whether a separate GSTIN would be allotted to a registered person for deducting TDS (he has PAN and TAN as well)? Separate registration as tax deductor is required. 20. Is separate registration required for trading and manufacturing by same entity in one state? There will be only one registration per State for all activities. 21. I am registered in TN and getting the service from unregistered dealer of AP, shoul

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of agents will be added to that of the principal for registration? No. 27. If I am not an existing taxpayer and wish to newly register under GST, when can I do so? You would be able to apply for new registration at the GST Portal gst.gov.in from 0800 hrs. on 25th June 2017 Refund 28. I have a pending export refund in Service Tax. What will happen? Refunds under earlier laws will be given under the respective laws only. 29. As an exporter, how do I ensure that my working capital is not blocked as refunds? Appropriate provisions have been made in the law by providing for grant of 90% refund on provisional basis within 7 days from filing of registration. Cess 30. What will be the impact of GST on coal? Will the clean energy Cess on coal go or will it stay? Clean Environmental Cess on coal will be replaced by GST Compensation Cess. Composition Scheme 31. Suppose I am in composition scheme in GST. If I purchase goods from unregistered person, then GST will be paid to Government by me or not

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s zero rated in most countries. POS for transport of goods determinable in terms of sec 12(8) or sect 13(8) of IGST Act, 2017, depending upon location of service provider/service receiver. Exports are treated as zero rated supplies. 37. When goods are being imported from SEZ who will pay IGST? Such supply is treated as import and present procedure of payment of duty continues with the variation that IGST is levied in place of CVD. 38. Who will pay IGST when goods are procured from SEZ? Today importer is paying both BCD and CVD. Such supply is treated as import and present procedure of payment continues with the variation that IGST is levied in place of CVD. Input Tax Credit 39. Is SGST of Rajasthan charged by supplier on purchase from Rajasthan can be utilize for payment of SGST in Madhya Pradesh? SGST of one State cannot be utilized for discharging of output tax liability of another State. 40. How one can use SGST credit for the payment of IGST on another state? SGST Credit can be use

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tered person only. Further, GSTR2 provides for reporting of same by the recipient. Invoice 45. A shop sells taxable & exempt products to the same person (B2C), is it required to issue tax invoice and bill of supply separately? In such a case the person can issue one tax invoice for the taxable invoice and also declare exempted supply in the same invoice. 46. Do registered dealers have to record Aadhaar/PAN while selling goods to unregistered dealers? There is no requirement to take Aadhaar / PAN details of the customer under the GST Act. 47. All expenses like freight / transport / packing which are charged in Sales Invoice are taxable in GST? How to charge in bill? All expenses will have to be included in the value and invoice needs to be issued accordingly. Please refer to Section 15 of CGST Act and Invoice Rules. 48. Can we move construction material to builders on delivery challan and issue tax invoice post completion of activity? If the goods are meant to be supplied in the cou

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having different tax rates? Returns provide for furnishing rate wise details. Supply 54. Should we discharge GST liability for all reverse charge having small amounts of Transaction or any amount limit is there? It has been decided that ₹ 5000/- per day exemption will be given in respect of supplies received from unregistered person. For supplies above this amount, a monthly consolidated bill can be raised. 55. What is treatment of promotional item given free to end consumers by FMCG companies? Tax will be charged only on the total consideration charged for such supply. 56. How to comply with 9(4) of CGST Act if POS is in another State of the unregistered supplier Any person making inter-state supply has to compulsorily obtain registration and therefore in such cases, section 9(4) will not come into play. 57. Under supply from unregistered dealer the purchaser have to pay GST on RCM basis.so whether stipend paid to intern will also come under RCM? Stipend paid to interns will be

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a customer in Maharashtra. I outsource the work to a service provider in Maharashtra, what tax i need to charge? Generally these will be two supplies where the supplier from MP will charge IGST from the recipient in Maharashtra. Whereas, the service provider in Maharashtra will charge IGST from the recipient in MP. 64. If address of buyer is Punjab and place of supply is same state of supplier (Rajasthan), then IGST will apply or CGST/SGST? If the place of supply and the location of the supplier are in the same State then it will be intra-State supply and CGST / SGST will be applicable. 65. Why is bifurcation of cash deposit as CGST-SGST-IGST required? Is cash held against a GSTIN, to be adjusted via return u/s 39 Three levies are under three different statutes and are required to be separately accounted for. 66. What is the difference in between 'Nil rated', 'taxable at 0%' and exempted goods and services? Especially in relation with ITC Exempt supply includes Nil rat

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the same treatment as normal supply. 71. Salary by Partnership firm to Partners as per Income Tax Act liable to GST? Partners are not employees of the firm. Salary will not be leviable of GST. Transition 72. How do I avail transition credit ? Transition credit can be availed by filing the respective forms under Transition rules upto 30.09.2017. 73. Please provide the clarity on area based exemption 50/2003 in UK & HP. Area based exemptions will not be continued under GST. It will be operated through the route of reimbursement as prescribed. 74. We manufactured excisable goods. But unit availed the exception benefits 50/2003. What about my dealers stock? The dealer will get deemed credit @ 40% / 60% of the CGST paid on supply of such goods in GST. If the goods are branded and greater than ₹ 25,000, full credit using CTD can be availed. 75. A trader buys from manufacturer not registered in excise as his turnover is below 1.5cr. Then in such case can trader take ITC on stock up

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y paying excise document subject to conditions under Section 140(3) of the CGST Act. 79. Is the full excise credit also available to traders who purchases directly from manufacturers and excise is separately shown in invoice? Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act. 80. In June 17 Vat return no amount carried forward & held stock of ₹ 50 lakhs. Then can we take credit of that stock or not? The supplier would be eligible to carry forward the closing balance of ITC from VAT return for June 17. 81. What will be the impact of closing stock which has been already paid vat on 1st July? The supplier would be eligible to carry forward ITC on such stock from VAT return for June 17. 82. If in Vat return refund claimed in June 17 & no balance credit in GST. Then what's the position of submission of Form C Refund claimed under existing

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tate, excise, CST and entry tax paid? For all inputs with duty paying documents available respective CGST / SGST credit will be available. But credit of CST will not be available. 89. A trader buys from manufacturer not registered in excise as his turnover is below 1.5 crore. then in such case can traders take ITC on stock up to 40% Deemed Credit will be available on stock in hand provided the conditions of section 140(3) read with Rule 1(4) of Transition Rules are satisfied. 90. Whether we will be eligible for credit of duty paid on Capital Goods in transit and received post GST? No such provision in GST. 91. Can ITC of Swach Bharat Cess or Krishi Kalyan Cess be carried forward under GST? No 92. Will Clean Energy CESS on imported Coal @ ₹ 400 PMT continue to be applicable in GST? No. Clean Energy Cess is being repealed. Coal, however, will be subject to compensation cess @ ₹ 400/- per tonne. 93. Whether closing balance of edu cess and secondary higher education cess prior

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 26-6-2017 Last Replied Date:- 26-6-2017 – We are manufacturing of Pharma Machine like cleaning or Drying Bottles, filling ,closing ,sealing of Labelling bottles and falls under chapter 8422.Please let us know rate of GST for the same chapter – Reply By SHIVKUMAR SHARMA – The Reply = GST RATE IS 28% FOR CHAPTER 8422 – Reply By Rajagopalan Ranganathan – The Reply = Sir,Heading 8422 covers Dish washing machines, household[8422 1

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Goods and Services Tax – Started By: – MEHUL ASHAR – Dated:- 26-6-2017 Last Replied Date:- 27-6-2017 – Respected Sir, As regarding above subject, my query is whatever would be the closing balance of cenvat & vat A/c on 30-06-17, would it be considered as opening balance of CGST & SGST ON 01-07-17.Please reply. – Reply By Rajagopalan Ranganathan – The Reply = Sir, Section 140 (1) and 140 (2) of CGST Act, 2017 provides that- 140. (1) A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, the amount of CENVAT credit carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the

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of capital goods, not carried forward in a return, furnished under the existing law by him, for the period ending with the day immediately preceding the appointed day in such manner as may be prescribed: Provided that the registered person shall not be allowed to take credit unless the said credit was admissible as CENVAT credit under the existing law and is also admissible as input tax credit under this Act. Explanation.-For the purposes of this sub-section, the expression unavailed CENVAT credit means the amount that remains after subtracting the amount of CENVAT credit already availed in respect of capital goods by the taxable person under the existing law from the aggregate amount of CENVAT credit to which the said person was entitled

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sale to the exporter – Goods and Services Tax – Started By: – arun aggarwal – Dated:- 26-6-2017 Last Replied Date:- 23-7-2017 – SirBeing a registered dealer under GSTCan I make sales to the exporter w

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Section 48 – Andhra Pradesh SGST – RETURNS – Andhra Pradesh Goods and Services Tax Act, 2017 – Section 48 – Goods and services tax practitioners. 48. (1) The manner of approval of goods and services tax practitioners, their eligibility conditions, duties and obligations, manner of removal and other conditions relevant for their functioning shall be such as may be prescribed. (2) A registered person may authorise an approved goods and service tax practitioner to furnish the details of outward su

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Goods and Services Tax – Started By: – yateen vyas – Dated:- 26-6-2017 Last Replied Date:- 26-6-2017 – Sir,1. I have booked a item of raw material on 28 june and it will received on 3 july,i have to pay service tax on GTA on reverse charge so either i ahve to pay on old law or in new law.2. If i book payment and pay in existing law there is any problem. – Reply By Rajagopalan Ranganathan – The Reply = Sir If the payment is made on or before, say, 30.6.2017 it will be under existing law. If the same is paid on or after. say, 1.7.2017, then it is to be paid under GST law because if GST law is brought into force on 1.7.2017 the existing law will automatically get repealed vide Section 174 (1) of CGST Act, 2017 which states that Save as otherw

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

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 26-6-2017 Last Replied Date:- 27-6-2017 – We prepare invoice on 30th June 17 and while loading material is getting late by night can we deliver the same material on 1st day of July-17 (Appointment of GST ). – Reply By KASTURI SETHI – The Reply = Yes you can but after payment of GST if goods are not exempted. – Reply By Ganeshan Kalyani – The Reply = If invoicing is done after 01.07.2017, GST will be applicable. – Discussion-F

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 26-6-2017 Last Replied Date:- 26-7-2017 – If we sold machine in month of June-17 and customer want to sent back for repairs or rectification under GST Act.Please explain procedure to call back material for repairs or rectification. – Reply By Rajagopalan Ranganathan – The Reply = Sir, If your customer is also a registered person he can return the machinery for repair, rectification etc under his invoice on payment of GST since returning the machinery for repair , rectification is also supply under GST Act, 2017 since according to Section 7 (1) (a) of CGST Act, 2017 supply includes all forms of supply of goods or services or both such as sale, transfer, barter, exchange,

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Goods and Services Tax – Started By: – yateen vyas – Dated:- 26-6-2017 Last Replied Date:- 31-7-2017 – Respected Experts,We have manufacturing unit and we are running our canteen by a outdoor caterer.AS we are not able to take credit of outdoor catering service,I wan your input on below suggestion if we can use-1. Can we purchase all material used in canteen in the name of our unit and only service portion is done by outdoor caterer.2. If we purchase all material than can we able to take credit

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Tax Invoice issued by registered person under reverse charge supplies received to him-Detail of Supplier ?? – Goods and Services Tax – Started By: – Narendra Soni – Dated:- 26-6-2017 Last Replied Date:- 27-6-2017 – Dear Experts,In case of RCM supplies,Registered Recipient is required to issue tax invoice. Kindly suggest in this invoice who will be Supplier and whose GSTIN wold be mentioned against supplier detail. – Reply By Rajagopalan Ranganathan – The Reply = Sir, As per Section 9 (3) of CGST Act, 2017 the Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or bot

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section 9 shall issue a payment voucher at the time of making payment to the supplier. According to rule 7 of GST – TAX INVOICE, CREDIT AND DEBIT NOTES – Final Rules 18-5-2017 a payment voucher referred to in clause (g) of sub-section (3) of section 31 shall contain the following particulars: (a) name, address and GSTIN of the supplier if registered; (b) a consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters -hyphen or dash and slash symbolised as – and / respectively, and any combination thereof, unique for a financial year (c) date of its issue; (d) name, address and GSTIN of the recipient; (e) description of goods or services; (f) amount paid; (g) r

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Goods and Services Tax – GST – By: – Rakesh Garg – Dated:- 26-6-2017 – Builders contracts, i.e., construction of complex, have been considered as works contracts under the GST; and are taxable as services . Taxability: Vide entry no. 5 of the Schedule III of the CGST/SGST Act, sale of building, subject to clause (b) of paragraph 5 of Schedule II, is neither a supply of goods nor service. As per clause (b) of paragraph 5 of Schedule II, construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier, is considered as service. Thus, in short, where the complex or part thereof is supplied after issuance of completion certificate, supply of units is not subject to GST. Rate of GST: As per entry no. 19 of the rate

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in the compliance of GST: – Mandatory abatement towards land @33% (i.e., reducing the tax rate from 18% to 12%) might be sufficient or even be on the higher side if the project is located in sub-urban or rural area. However, in the premium or semi-premium localities, such as, south Delhi or South Mumbai, where land value is almost 80-90% of the unit value, this rebate is just insufficient. The legislature should have provided the mechanism to reduce the value of land in the prescribed manner; and it should have been left at the option of the builder to pay tax at the reduced rate of 12% if he is unable to value the land, or otherwise. The GST rate of 12% also restricts and states no refund of overflow of ITC , which means that no refund shall be allowed if the ITC exceeds the output tax. It is important to mention that in those localities where the value of land is comparatively low, the cost of material and services would certainly be proportionately higher (and thus, ITC). Thus, in s

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ner to construct 100 units; and out of which, 60 units are agreed to be given back to the landowner in exchange of proportionate land. In respect of construction of 60 flats for landowner, he is simply a works contractor which would be taxable @18% with full ITC. However, in relation to his 40 flats, which are to be sold with land to the buyers, he would pay GST @12% with no refund of overflow of ITC. In such cases, how the ITC inflow would be calculated. It is to be remembered that ITC also includes various common input services and common inputs and capital goods. How these common ITC would be bifurcated to arrive at the overflow of ITC? The builders also face another uncertainty in respect of sale of units; that is, at the initial period, they are not certain whether the entire project would at all be sold before completion of construction. Continuing the illustration in preceding para, suppose the construction period of 100 flats is 48 months. So far as 60 flats of landowner, it is

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Customs – public Notice 16/2017 – Dated:- 26-6-2017 – OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS USTOM HOUSE, NAVRANGPURA AHMEDABAD GUJARAT – 380009 F.No. VIII/8-04/cus/sys/2017-18 Date 29.06.2017. public Notice 16/2017 Subject: Reg. Attention of Importers/Exporters, Custom Brokers & Trade is invited to Implementation of CST from 1ST July, 2017. Reference is also invited to Taxation Law (Amendments) Act, 2017 (18 01 2017), bringing out amendments in Customs and Central Excise legislations in alignment with CST implementation. Further reference is invited to various decisions in GST Council meeting , documentation of the same in CBEC Website and also the advisory issued by Member(Customs) vide D.O. letter dated 20.6.17 on Customs related matters On introduction Of Goods and Service Tax regime. 2. The legislations referred above have necessitated changes in Bill Of Entry and Shipping Bill declarations. The revised electronic format for both BE/SB has already been published in

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under Section 8(2) Of GST (Compensation to States) Act, 2017. The importer shall have to quote the notification number and serial number in the format suffixed by serial No Of the schedule) for levy Of IGST rate. For instance, under Schedule Il and for an item under Serial Number 3, the serial number in the declaration should be "II3". (iii) The IGST Exemption can also be availed if applicable, by quoting notification issued under section 6 Of ICST Act or Customs Act as applicable. Similar is the case for Compensation Cess under Section 8(2) Of GST (Compensation to States) Act, 2017. TO effect the above changes, the fields have been used/added in BE Declaration (S8E Table)- Other Additional duties in Section 3(CTA): fields in Bill of Entry For IGST For GST C.Cess Notification Number IGST Levy Notfn No GST Comp. Cess Notfn. No Notification SI.NO SI. NO in format explained below Sl. No in format explained below Duty Flag G G Addl. Duty Flag G P Exmp. Notification Number Notfn.

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mes into force. In such a scenario, the Central Excise levy is applicable on certain goods, while it is not applicable on certain goods. Wherever the additional customs duty(CVD) is levied, CETH as applicable may be declared. In case of Non- Applicability of CETH, NOEXCISE should be quoted. 6. Identification of GST Beneficiary: To avail IGST Benefits on Imports, declaration of State Code and GSTIN in Bill of Entry is mandatory. The same needs to be added in CTX Table of the BE Declaration. In any case of non availment of IGST, State Code along with one of the other Identity proof listed below needs to be provided, so as to enable apportionment to the respective states Description (1) GSTIN-Imp. (2) Regn_Type (3) Type of IEC to be declared (4) GST Benefit (6) GSTIN Normal G TP, CMP, CAS, ISD, NR, TDS Individual Yes GSTIN Govt O GOV Generic IEC of Govt. Yes GSTIN UN D UN Generic IEC of Diplomats Yes Aadhaar A Indivi./Generic No Passport P Indivi./Generic No PAN I Indivi./Generic No TAN T

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l the IGST credit, the importer needs to mention the Port Code, Bill of Entry Number, Bill of Entry Date, aggregate IGST Taxable value, Total IGST Amount, Total GST Compensation Cess in the GST Return which would be validated online with ICEGATE. for the benefit the Importers, the above details would be made available in the Final copy of The Bill Entry. For the benefit of the Importers, the above details would be made available in the Final copy of the Bill of Entry. 8. IGST Availment in case of Manual Bill of Entry : Since all the validation related to IGST refund or flow of IGST credit would happen electronically between Customs EDI and GSTN, it is imperative here that the required data is captured electronically without fail for all the imports and exports whether or not they are made through EDI locations. In case of EDI locations, Board has issued instructions vide F.No. 401/81/2011-Cus III dated 2nd June 2017 wherein it is envisaged that any manual bill of entry or shipping bill

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dure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied. 10. Under the GST Laws, taxpayers would be filing their outward supply returns on GSTN for all the supplies made by them including exports. For exports, they will be required to quote the Shipping Bill and export invoice details which shall be validated by the Customs EDI system. The confirmation of the export by Customs shall be made once the EGM is filed and closed (in case of ICDs, it should be Gateway EGM, not train Summary). Based on this validation only the taxpayer (exporter) shall be granted refund of the IGST paid by him on the exported goods. This validation shall also act as the proof of export in case the exporter has made the supply under bond or LUT without payment of IGST. For facilitating the above, Shipping Bill forms have also been modified to capture the necessary details. 11. GSTIN Entity identification To avail IGST Benefits on Exports, d

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le, i.e. the supply is non-taxable; including exports made by non GST registered exporters 13. Taxable Value and IGST Paid Since the actual quantity and value of the goods finally exported may sometimes be at variance with that indicated on the export invoice, these particulars have to be individually declared for every item. Here, Taxable Value is the value of the item actually being exported on which IGST has been paid. In case of short shipments due to shut out/back to town, IGST has to be calculated proportionately item wise in the invoice based on the actual quantity of exports. This is further explained by the following illustration: Illustration: An exporter raises an export invoice as below: Item Quantity (units) Unit (Rs) Price Total Price IGST (Rs) A 1000 200 2,00,000 24,000 B 2000 100 2,00,000 24,000 Total 4,00,000 48,000 Due to some reasons, he finally exports only 900 units of Item A and 1900 units of Item B. For his shipping bill, the Taxable value and IGST of each item s

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ce with the GST Invoice Rules. It may also be noted that as per the GST Invoice Rules, in case of export of goods or services, the invoice shall carry an endorsement SUPPLY MEANT FOR EXPORT ON PAYMENT OF INTEGRATED TAX or SUPPLY MEANT FOR EXPORT UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX , as the case may be, and shall also contain the following details: (i) name and address of the recipient; (ii) address of delivery; and (iii) name of the country of destination. Other details to be given in the invoice table of the Shipping Bill shall include Third Party remittance details as per RBI requirements, Terms Place(INCOTERMS), End Use (as per the codes available in Imports)etc., as the case may be. The End Use of the Item should be declared against each of the item. The list is provided in Annexure-I. 15. Changes in Drawback Declarations A new declaration is being added for the exporter to certify that no input tax credit of CGST/IGST has been availed for any of t

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ontainer Details Certain details about the Containers are required in line with the International customs communication as well as with a view to implement eway bill module in future. Some of this information has been kept optional for now like Movement Document Number etc. Fields which have to be mandatorily declared are: Container Size – As per the codes specified in ISO Directory (enclosed as Annexure-II) Seal Type Indicator – BTSL, RFID, ESEAL (mandatory for factory stuffed goods meant for exports). 17. Transitory Provisions for BE : The Advance/Prior BE filed before the implementation of GST and regularized for implementation may not have relevant declarations for Duty and GSTIN Identifier details. In such clearances may not be allowed in the system. Same applies to Ex Bond BE filed after implementation in respect of Warehousing BE filed before GST implementation. The Importers may seek to reassess the same by feeding applicable IGST notifications and GSTIN identifer during the as

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s & Cosmetics -For personal consumption FSA100 For Animal Food or Feed (Trading/commercial distribution) FSA200 For manufacture/processing as a Animal Food/Feed (Manufacture/Actual Use) FSA800 For use research use as animal Food FSA900 Foods & Supplements -For Personal use FSH100 Food – For Consumer use under commercial distribution (Trading)- Retail or wholsale FSH200 Food – For manufacture/commercial Processing (Manufacture/Actual Use) FSH700 Food -For Internal use in Hotels-Restaurant FSH710 Food -For Public Display or Exhibition FSH750 Food -For use in International Sports Events FSH800 Food -For Research Use FSH900 Food – For personal consumption FSH910 Food – For distribution in a natural disaster (if received gratis) FSH920 Food -For Charitable Use FSH930 Food -For use in a Diplomatic Establishment GNX100 Generic -For Consumer use under commercial distribution (for Trading – wholesale or retail) GNX200 Generic -For Commercial Assembly or processing (For Manufacture/Actua

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GST – States – 12/2017 – Dated:- 26-6-2017 – Office of Commissioner of State Goods and Services Tax Tax Towers, Thiruvananthapuram C1-24614/16/CT Dated 26th June, 2017 CIRCULAR.No.12/2017 Sub:- Kerala Goods and Services Tax Ordinance, 2017 – Sec.10 – reg. In exercise of the powers conferred by sub-rule (1) of Rule 3 of Kerala Goods and Services Tax Rules, 2017, the period for filing intimation for composition levy in FORM NO. CMP-01 is extended up to is 16th August, 2017. – Circular – Trade No

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Goods and Services Tax – 1/1/2017 – Dated:- 26-6-2017 – Circular No.1/1/2017 F. No. 349/75/2017-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs New Delhi, Dated the 26th June, 2017 To, The Principal Chief Commissioner/Chief Commissioners/ Principal Commissioner/ Commissioner of Central Tax (All) / Director General of Systems Madam/Sir, Subject: Reg. In exercise of the powers conferred by Clause (91) of section 2 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the Act) read with Section 20 of the Integrated Goods and Services Tax Act (13 of 2017) and subject to sub-section (2) of section 5 of the said Act, the Board, hereby assigns the officers m

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