ITC in respect of Advance Payment prior to GST

Goods and Services Tax – Started By: – Alisha Maini – Dated:- 23-6-2017 Last Replied Date:- 23-6-2017 – Hello sir,Please let me know what would be the treatment of advance payment already received as on transition date i.e. July 1, 2017.If ITC on the same is claimable, can you tell me which Rule or Act says it and what would be the procedure to claim it.Thanks – Reply By Ganeshan Kalyani – The Reply = Advance received on or after 01.07.2017 for future supply of taxable goods, then receiver has

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Customs – GST roll out and preparations thereof – Advisory on Customs related matters

Customs – PUBLIC NOTICE No. 23/2017 – Dated:- 23-6-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE : DEPARTMENT OF REVENUE OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS CUSTOM HOUSE, PORT AREA, VISAKHAPATNAM – 530 035 F. No. S2/08/2017-EDI Date: 23/06/2017 PUBLIC NOTICE No. 23/2017 Subject: Reg. Attention of all the Importers, Customs Brokers and the Members of the Trade is invited to the proposed GST roll out from 1st July, 2017. With GST set to be rolled out on 1st July 2017, the following advisory on changes in Customs related matters is given as below: 2. The changes are broadly in the following areas. Levy of duties: IGST and Compensation Cess (wherever applicable) to be levied on imports Change in Bill of Entry and Shipping Bill forms: TO capture additional details required for validation with GSTN in case of IGST refund claims (export) or availability of IGST credit (Imports) Procedure in respect of manual filing of Bills of Entry and Shipping Bills: To electronically capture

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oods under section 12 of the Customs Act, 1962" ii) Thus, with effect from 01.07.2017, all imported goods shall attract IGST (and compensation cess, wherever applicable) in addition to the Customs duties such as Basic Customs Duty etc. However, the levy of C VD and SAD shall cease to exist on imported goods other than those on which Central Excise Duty / VAT continues to be levied even in the new regime. In this regard necessary amendments have been made in section 3 of the Customs Tariff Act, 1975 vide the Taxation Laws (Amendment) Act, 2017 (1 8 of 2017) dated the 4th May, 2017 wherein under sub-section (7), sub-section (8), sub-section (9) & sub-section (10) of section 3 of the Customs Tariff Act, 1975, it has been provided as below: Sub Section (7) : Any article which is imported into India shall, in addition, be liable to integrated tax at such rate, not exceeding forty percent as is leviable under section 5 of the Integrated Goods and Services Tax Act, 2017 on a like art

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ich is imported into India shall, in addition, be liable to the goods and services tax compensation cess at such rate, as is leviable under section 8 of the Goods and Services Tax(Compensation to States) Cess Act, 2017 on a like article on its supply in India on the value of the imported article as determined under sub-section OW. Sub Section (10): For the purpose of calculating the goods and services tax compensation cess under sub-section (9) on any imported article where such cess is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the Customs Act, 1962, be the aggregate of (a) the value of the imported article on that article under section 12 of the Customs Act, 1962 and any sum chargeable on that article under any law for the time being in force as an addition to and in the same manner as , a duty of customs, but does not include the tax referred to in sub-section (7) or the cess referred to in su

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to get themselves familiar with the modified Forms. It is emphasized that other than the changes in the declaration, rest of the procedure with regard to clearance of imports and exports would remain the same. EDI Bill of Entry: 5. It may be noted that with the introduction of GST, information in the Bill of Entry would be reconciled with their returns filed on GSTN. Accordingly, credit claimed in their GST Return in respect of IGST paid on imports would be cross checked with the Customs EDI system. Therefore, with effect from 01.07.2017, it would be mandatory for the importers to declare their GSTIN, i.e., the GST registration number on the Bill of Entry if they wish to claim the credit of the IGST paid on the imported goods. Importers not registered with GSTN will be required to declare their PAN along with their state code as per the Census of India. This is required for transfer of the IGST paid by the non GST importers to account of the "consumption" state. Diplomatic o

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f time, declaration with regard to only GSTIN and PAN shall be required in the Bill of Entry. 6. For calculating the IGST or Compensation Cess, chapter wise, rate wise GST schedule, IGST exemption, concession list and GST Compensation Cess rates are already available on the official website of CBEC. In this regard, notifications for (a) levy and (b) exemption shall be issued by TRU shortly. The importer shall have to quote the relevant number of the levy notification as well as the exemption notification (wherever applicable) in respect of each imported item for application of correct rate. The IGST and compensation cess notifications directories are being developed in the EDI System to automatically calculate the levy on imported goods. The total IGST and Compensation Cess paid will be published on every Bill of Entry which can be quoted by the importer to claim the corresponding credit in the GST return. EDI Shipping Bill: 7. The Integrated Goods and Services Tax Act, 2017, under Sec

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uote the Shipping Bill and export invoice details in the GST return. The information provided in the return with regard to export of goods shall be validated by Customs EDI system. The confirmation of the export details by Customs shall be made once the EGM is filed, The taxpayer (exporter) shall be granted refund of the IGST paid by him on the exported goods based on the validation by Customs EDI system. 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. 9. In order to facilitate proof of export, Shipping Bill forms have also been modified to capture details such as GSTIN of the exporter, GST export invoice number etc. The exporter shall have to declare item-wise taxable value and corresponding IGST on the Shipping Bill. All these details will be used to validate the declarations made by the exporter on the GST return to confirm export. 10. For the time being, importers/exporters are advised to decl

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GST roll out and preparation there of

Customs – PUBLIC NOTICE No. 08/12017 – Dated:- 23-6-2017 – OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS AIRPORT AND AIR CARGO COMMISSIONERATE II Floor, AIR INDIA SATS AIR FREIGHT TERMINAL, KEMPEGOWDA INTERNATIONAL AIRPORT, BENGALURU – 560300. C No VIII/48/90/2017 Air cus Tech. Dated 23.06.2017 PUBLIC NOTICE No. 08/12017 DATED 23.06.2017 Sub: GST roll out and preparation there of- Reg. Attention of the trade and industry, exporters, Importers and other stake holder is invited to the above mentioned subject. 2. With the GST set to be rolled out on 1st July 2017, the final phase of preparation for its implementation is in full swing. Changes in Customs law and procedure are accompanied by changes in the EDI system so as to effectively implement the IGST law from 01.07.2017. The changes are broadly in the following areas: Levy of Duties 1. Sub-section(l) of section 5 of the Integrated Goods and Services Act, 2017 states that "Subject to the provisions of sub-section (2), there sha

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etc. However, the levy of CVD and SAD shall cease to exist on imported goods other than those on which Central Excise Duty/ VAT continues to be levied even in the new regime. In this regard necessary amendments have been made in section 3 of the Customs Tariff Act, 1975 vide the Taxation Laws (Amendment) Act, 2017 (18 OF 2017) dated the 4th May, 2017 wherein under sub-section (7), sub-section (8), sub-section (9) & sub-section (10) of section 3 of the Customs Tariff Act, 1975, it has been provided as below: (7) Any article which is imported into India shall, in addition, be liable to integrated tax at such rate, not exceeding forty percent, as is leviable under section 5 of the Integrated Goods and Services Tax Act, 2017 on a like article on its supply in India, on the value of the imported article as determined under sub-section (8). (8) For the purposes of calculating the integrated tax under sub-section (7) on any imported article where such tax is leviable at any percentage of

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f the imported article as determined under sub section (10). (10) For the purposes of calculating the goods and services tax compensation cess under sub-section (9) on any imported article where such cess is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the Customs Act , 1962, be the aggregate of- (a) the value of the imported article determined under sub-section (I) of section 14 of the Customs Act , 1962 or the tariff value of such article fixed under sub-section (2) of that section, as the case may be; and (b) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include the tax referred to in subsection (7) or the cess referred to in sub-section (9). Changes in Bill of Entry and Shipping Bill Forms: 3. S

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would be mandatory for the importers to declare their GSTIN, i.e., the GST registration number on the Bill of Entry if they wish to claim the credit of the IGST paid on the imported goods. Importers not registered with GSTN will be required to declare their PAN along with their state code as per the Census of India. This is required for transfer of the IGST paid by the non GST importers to the account of the "consumption" state. Diplomatic organizations or UN bodies can quote their UIN issued by GSTN on the Bill of Entry. In this regard, DGFT has also issued Trade Notice No. 09 dated 12.06.2017 wherein it has been indicated that with regard to importer/exporter registered with GSTN, importer/ exporter would need to declare only GSTIN at the time of import and export of goods and the importers who are not registered under GST would use their PAN for imports. Changes have been made in the BE forms to capture details like GSTIN, PAN, State Code etc. of the importer. Similar chan

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h imported item for application of correct rate. The IGST and Compensation Cess notifications directories are being developed in the EDI System to automatically calculate the levy on imported goods. The total IGST and Compensation Cess paid will be published on every Bill of Entry which can be quoted by the importer to claim the corresponding credit in the GST return. EDI Shipping Bill: 6. The Integrated Goods and Services Tax Act, 2017, under section 16 provides that export of goods shall be zero rated supply and credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply. The section further lays down that a registered person making zero rated supply shall be eligible to claim refund under either of the following options, namely: (a) he may supply goods or services or both under bond or Letter of Undertaking, subject to such conditions, safeguards and procedure as may be prescribed , without payment of integrated tax and

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8. In order to facilitate proof of export, Shipping Bill forms have also been modified to capture details such as GSTIN of the exporter, GST export invoice number etc. The exporter shall have to declare item-wise taxable value and corresponding IGST on the Shipping Bill. All these details will be used to validate the declarations made by the exporter on the GST return to confirm export. 9. For the time being, importers/ exporters are advised to declare GSTIN, PAN and IEC while filing document for import/ export of goods. However, over a period of time, declaration with regard to only GSTIN and PAN shall be required in the Shipping Bill. Manual Bill of Entry and Shipping Bill: 10. Since all the validation related to IGST refund or flow of IGST credit shall happen electronically between Customs EDI and GSTN, it is imperative hereon that the required data is captured electronically without fail for all the imports and exports whether or not through EDI locations. In case of EDI locations,

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Constitution of GST Call Centre – regarding

DGFT – Trade Notice No. 28/AM16 dated 23.06.2017 – Dated:- 23-6-2017 – GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY OFFICE OF THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE, C BLOCK, PMT COMMERCIAL COMPLEX, SHANKARSETH ROAD, SWARGATE, PUNE – 411 037 Tel. No. 020-24442783/24449598 Fax. No. 020-24441577 Email: pune-dgft@nic.in Trade Notice No. 28/AM16 dated 23.06.2017 Sub : Constitution of GST

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Maharashtra Goods and Services Tax Rules, 2017 with regards to Registration and Composition.

GST – States – 23 T of 2017 – Dated:- 23-6-2017 – Office of the Commissioner of Sales Tax, 8th floor, Vikrikar Bhavan, Mazgaon, Mumbai-400010. TRADE CIRCULAR To, ………………………………….. ………………………………….. No. JC/HQ-1/GST/Reg./Comp./2017-18/ Trade Cir. No. 23 T of 2017 Mumbai dated 23rd June 2017 Subject: Maharashtra Goods and Services Tax Rules, 2017 with regards to Registration and Composition. Gentlemen/Sir/Madam, You are well aware that the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017) (hereinafter referred to as MGST Act ) is published in the Offic

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Foreign Exchange Management (Export of Goods and Services) (Amendment) Regulations, 2017

FEMA – 23(R)/(1)/2017-RB – Dated:- 23-6-2017 – RESERVE BANK OF INDIA (Foreign Exchange Department) (CENTRAL OFFICE) NOTIFICATION No. FEMA 23(R)/(1)/2017-RB Mumbai, the 23rd June, 2017 Foreign Exchange Management (Export of Goods and Services) (Amendment) Regulations, 2017 G.S.R. 635(E).-In exercise of the powers conferred by sub-section (3) of Section 7 and sub-section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank of India makes the following amen

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Goods and services tax compliance rating.

Section 149 – Orissa SGST – MISCELLANEOUS – Orissa 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 ratin

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Debit & credit Notes -Issue & ITC

Goods and Services Tax – Started By: – Narendra Soni – Dated:- 22-6-2017 Last Replied Date:- 23-6-2017 – Dear Experts,Kindly suggest :-Whether Debit note & credit note can be issued by recipient of supplies OR can only be issued by Supplier only.Whether ITC is available on both the Debit & Credit notes, and to whom ITC is available. – Reply By KASTURI SETHI – The Reply = ITC is available on the strength of debit notes and credit notes. A registered who issues invoice can issue debit note and credit note.Any taxable person registered under GST is eligible to claim Input Tax Credit provided his final product is taxable or Zero-rated. If the taxable person supplies taxable and exempted goods and services, in that situation he is eligi

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GSTN to launch helpline for taxpayers, officials on Jun 25

Goods and Services Tax – GST – Dated:- 22-6-2017 – New Delhi, Jun 22 (PTI) GST Network, the company providing IT backbone for the GST, will launch two call centres on Sunday to handle queries from taxpayers and tax officials. The Goods and Services Tax will be rolled out from July 1, and GSTN will have a major role to play as it will have to handle the huge traffic of invoices and turnover details of companies. GSTN has partnered with IT giants Infosys and Tech Mahindra for launching the call centres. For any enrolment queries, tax payers may call on the call centre number 0120-4888999. The call centre for taxpayers will be manned by over 200 trained professionals, and will be increased to 400 going forward. With many taxpayers requiring h

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old car sales under GST

Goods and Services Tax – Started By: – venkat eswaran – Dated:- 22-6-2017 Last Replied Date:- 23-6-2017 – Dear Experts,We are going to sale our company car. Now GST for that is 28% + Cess 15% => Total 43% is comingWhen we bought the car we paid VAT 14.5% ( Excise duty already included and not shown dealer invoice) only but when we sell it now 43% GST is coming which is very high.Whether we can adjust Excise credit already suffered earlier from that in the current rate 43%Kindly share your vi

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Cabinet expresses Gratitude to State CMs and others for their cooperation in introduction of GST

Goods and Services Tax – GST – Dated:- 22-6-2017 – The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has passed a resolution expressing gratitude to Chief Ministers of States and others for their cooperation in introduction of GST. GST is the biggest tax reform in independent India. It is one of the most sweeping indirect tax reforms in any federal polity in the world, in which complexities such as multiplicity of taxes and cesses, multiplicity of rates, multiple compliances, and cascading of taxation will be removed. This game-changing reform will result in significant ease of doing business as well as reduction in the overall tax burden on the consumers and the common people. GST is a shining example of national integrat

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GTA ser tax and Manpower supply ser tax under GST

Goods and Services Tax – Started By: – venkat eswaran – Dated:- 22-6-2017 Last Replied Date:- 2-7-2017 – Dear All,We are service receiver of Transport of goods by road (GTA) and Manpower supply service and paying ser tax on behalf of provider.Now in GST how we can pay this? Is separate challan is available since we mfg industry paying GST also.What is rate of tax for GTA and Manpower supply service?We used to avail 70% rebate on bill value for GTA whether this will continue and we have to pay full GST?Kindly share your views on thisThanks in advanceVenkat – Reply By KASTURI SETHI – The Reply = GTA 5% No credit. Manpower 18% with full ITC. – Reply By Rajagopalan Ranganathan – The Reply = Sir,GST on GTA is payable under reverse charge mechan

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ks for your valuable inputs. We are manufacturer and till date we taking GTA ser tax credit adjust it against Excise payable . So this is not possible in GST is it? Even if GTA paid by transporter itself [ service provider] we cannot take credit? So under GST Manpower supply ser tax we need not to pay as a service receiver?Actually one of our labour contractor not registered in ser tax so far since he is not going to pay ser tax. So In GST he has register compulsorily is it? What will happen in receive Service or Matl from the unregistered dealer? Anything problem for us?kindly share your viewsThanks in advanceVenkat – Reply By rajanish vikas – The Reply = if supply of taxable goods/ Services by a unregistered person , then recipient of ser

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Goods and services tax compliance rating.

Section 149 – Telangana SGST – MISCELLANEOUS – Telangana 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

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GST on freight-In invoice as well as to GTA.

Goods and Services Tax – Started By: – Narendra Soni – Dated:- 22-6-2017 Last Replied Date:- 23-6-2017 – Dear Experts,We had supplied FG to customer and charged freight ₹ 15000/-from customer in invoice accordignly we paid GST on total invoice amount.Now Transporter (GTA) is came for payment of freight with LR.We paid the freight to transporter and deposit GST in reverse charge and avail ITC.This would double taxation on freight, i. at the time of supply and at the time of payment to GTA.

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Returns under CGST Act,2017 with Rules

Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 22-6-2017 – There are number of returns prescribed under GST law. Different returns are prescribed with due date of filing . Returns provisions are provided in Chapter -IX from Section 37 to 48 of the CGST Act,2017. Types of Returns S.N. Form No. Title of the Form 1 GSTR -1 Detail of outward supply of goods or services 2 GSTR-1A Details of auto drafted supplies of goods or services 3 GSTR-2 Detail of inward supply of goods or services 4 GSTR-2A Detail of supply auto drafted from GSTR-1 and GSTR-5 to recipient 5 GSTR-3 Monthly return 6 GSTR-3A Notice to return defaulter u/s 46 7 GSTR- 4 Quarterly return for composite dealer 8 GSTR-4A Auto drafted detail for composite dealer 9 GSTR-5 Return of non resident taxable person 10 GSTR-5A Details of supplies of online information and database access or retrieval services by person located outside India to non taxable person in India. 11 GSTR-6 Return for input service distributors

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revised invoices issued during tax period. Every RP who has been communicated the details under section 38[3] and Section 38[4] by recipient of supplies , can either accept or reject the detail so communicated on or before 17th of the next month following the tax period. The detail furnished by him under point no. 1 shall stand amended. Every RP who has furnished the detail under point no.1 and remain unmatched u/s 42 and 43 shall rectify the error and omission and shall pay tax and interest on short payment of tax, if any. No rectification for point no. 1 shall be allowed after furnishing the return u/s 39 for the month of September following the end of financial year or furnishing the annual return which ever is earlier. Example ; Abc ltd has filed Annual Return of FY 2017-18 on 15th September,2018 and filed the return of September,2018 on 17.10.2018. If any mistake is found in GSTR -1 of September,2017. In this case the same can be rectified only till 15.09.2018. Due Dates GSTR -1 1

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P can rectify, modify, add or delete the detail of outward supply furnished under point 1 of Section 37 . Input service distributor Non resident taxable person Taxable person u/s 10 [ Composition Scheme ] Person who is deducting at source Person collecting tax at source Return shall be filed in GSTR -2 after the end of 10th day but before 15th day of the following month from the end of tax period. Rule ; Part-A of GSTR-2A shall be available to recipient after the filing of GSTR-1 by supplier so that recipient can verify , validate, amend, delete and add. After the validation of GSTR-2A , the return of GSTR-2 shall be filed. After the filing of GSTR-2 shall be made available to supplier in the Form of GSTR-1A for verification. Every RP who has furnished the detail under GSTR-1 and GSTR-2. Transaction remain unmatched u/s 37 and 38 shall rectify the error and omission and shall pay interest on short payment of tax or excess credit, if any. No rectification for point no. 1 shall be allowe

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the month. Every non resident taxable person shall furnish GSTR-5 with in 20th day from the end of the calendar month or within 7 days after the last day of validity period of registration which ever is earlier All taxpayer mentioned above shall pay the tax to appropriate Govt. not later than the last day of filing the return. RP falling under point 1& 2 above will file the return even though there is no supply of goods and/ or services. Subject to the provision of Section 37 and 38, if any taxable person after furnishing return under point no. 1 to 5 find any error or omission, he may rectify the omission or error in the return of the month or quarter subject to the payment of interest . But the above error or omission shall not form finding of Audit, Inspection, scrutiny or enforcement . Provided , no rectification shall be allowed after furnishing the return u/s 39 for the month of September following the end of financial year or furnishing the annual return which ever is earlie

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epancy is not rectified by supplier , the same shall be added to outward tax liability of the recipient in the next return. If there is duplication of ITC, same shall be added to outward tax liability of recipient in the month of communication. If the supplier rectify the mistake in due time in his return , the recipient can reduce his outward tax liability. If any amount is added to outward tax liability shall also attract interest u/s 50. Interest shall be computed from the date taking credit to date of adding to outward liability. If there is reduction in outward tax liability and interest is also paid on the same, both shall be refunded to his electronic cash ledger. Matching, reversal and reclaim of reduction in output tax liability[ Section 43] Credit note issued by supplier of goods and/ or services shall be matched . with The corresponding reduction in input tax credit by recipient For duplication of claim for reduction in tax liability Above claim will be matched and accepted

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account audited under Section 35[5] ( whose aggregate turnover in the financial year exceed ₹ 2 Crore shall furnish the annual return GSTR-9C under point no.1 electronically for every financial year along with audited financial statement and reconciliation thereof. Casual Tax person will file the annual return on GSTR-9A. Electronic commerce operator shall file GSTR-9B. Final Return [ Section 45] Every RP who applied for the cancellation of registration shall file return in GSTR-10 within three month from the date of cancellation or cancellation order which ever is later. Late Fees [ Section 47 ] Any person who fails to furnish the detail u/s 37 and 38 or return u/s 39 and 45 by due date shall pay late fees of ₹ 100 per day subject to maximum of ₹ 5000. Any person who fails to furnish the return u/s 44 shall pay late fees of ₹ 100 per day subject to maximum of 0.25% of turnover of state or union territory. Disclaimer : The contents of this article are solely for

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Tenure of Authority

Tenure of Authority – Rule 18 – Final Rules (Draft) – Rules – Anti – profiteering Rules, 2017 – Rule 18 – 18. Tenure of Authority.- The Authority shall cease to exist after the expiry of two years fro

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Monitoring of the order

Monitoring of the order – Rule 17 – Final Rules (Draft) – Rules – Anti – profiteering Rules, 2017 – Rule 17 – 17. Monitoring of the order:- The Authority may require any authority of central tax, Stat

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Compliance by the registered person

Rule 16 – Final Rules (Draft) – Rules – Anti – profiteering Rules, 2017 – Rule 16 – 16. Compliance by the registered person:- Any order passed by the Authority under these rules shall be immediately complied with by the registered person failing which action shall be initiated to recover the amount in accordance with the provisions of the Integrated Goods and Services Tax Act or the Central Goods and Services Tax Act or the Union Territory Goods and Services Tax Act or the State Goods and Servi

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Decision to be taken by the majority

Decision to be taken by the majority – Rule 15 – Final Rules (Draft) – Rules – Anti – profiteering Rules, 2017 – Rule 15 – 15. Decision to be taken by the majority:- If the Members of the Authority di

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Order of the Authority

Rule 14 – Final Rules (Draft) – Rules – Anti – profiteering Rules, 2017 – Rule 14 – 14. Order of the Authority:- (1) The Authority shall, within a period of three months from the date of receipt of the report from the Director General of Safeguards determine whether a registered person has passed on the benefit of reduction in rate of tax on the supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices. (2) An opportunity of hearing shall be granted to the interested parties by the Authority where any request is received in writing from such interested parties. (3) Where the Authority determines that a registered person has not passed on the benefit of reduction in rate of ta

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Power to summon persons to give evidence and produce documents

Rule 13 – Final Rules (Draft) – Rules – Anti – profiteering Rules, 2017 – Rule 13 – 13. Power to summon persons to give evidence and produce documents:- (1) The Director General of Safeguards, or an officer authorized by him in this behalf, shall be deemed to be the proper officer to exercise power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing under section 70 and shall have power in any inquiry in the same manne

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Confidentiality of information

Rule 11 – Final Rules (Draft) – Rules – Anti – profiteering Rules, 2017 – Rule 11 – 11. Confidentiality of information:- (1) Notwithstanding anything contained in sub-rules (3) and (5) of rule 10 and sub-rule (2) of rule 14, the provisions of section 11 of the Right to Information Act, 2005 shall apply mutatis mutandis to the disclosure of any information which is provided on a confidential basis. (2) The Director General of Safeguards may require the parties providing information on confidenti

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Initiation and conduct of proceedings

Rule 10 – Final Rules (Draft) – Rules – Anti – profiteering Rules, 2017 – Rule 10 – 10. Initiation and conduct of proceedings:- (1) Where the Standing Committee is satisfied that there is a prima-facie evidence to show that the supplier has not passed on the benefit of reduction in rate of tax on the supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices, it shall refer the matter to Director General of Safeguards for a detailed investigation. (2) The Director General of Safeguards shall conduct investigation and collect evidence necessary to determine whether the benefit of reduction in rate of tax on any supply of goods or services or the benefit of the input tax credit

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Examination of application by the Standing Committee and Screening Committee

Rule 9 – Final Rules (Draft) – Rules – Anti – profiteering Rules, 2017 – Rule 9 – 9. Examination of application by the Standing Committee and Screening Committee.- (1) The Standing Committee shall, within a period of two months from the date of receipt of a written application, in such form and manner as may be specified by it, from an interested party or from a Commissioner or any other person, examine the accuracy and adequacy of the evidence provided in the application to determine whether t

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