Goods and Services Tax

Section 3 – GST – States – ADMINISTRATION – Assam Goods and Services Tax Act, 2017 – Act-Rules – CHAPTER II ADMINISTRATION 3. Officers under this Act. The Government shall, by notification, appoint the following classes of officers for the purposes of this Act, namely:- (a) Principal or Chief Commissioner of State tax, (b) Commissioner of State tax, (c) Special Commissioners of State tax, (d) Additional Commissioners of State tax, (e) Joint Commissioners of S

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Section 16 – GST – States – INPUT TAX CREDIT – Assam Goods and Services Tax Act, 2017 – Act-Rules – CHAPTER V INPUT TAX CREDIT 16. Eligibility and conditions for taking input tax credit.- (1) Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person. (2) Notwithstanding anything contained in this section, no registered person shall be entitled to the credit of any input tax

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spect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and (d) he has furnished the return under section 39: Provided that where the goods against an invoice are received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment: Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a period of one hundred and eighty days from the date of issue of invoice by the supplier,

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Section 15 – GST – States – TIME AND VALUE OF SUPPLY – Assam Goods and Services Tax Act, 2017 – Act-Rules – 15. Value of taxable supply.- (1) The value of a supply of goods or services or both shall be the transaction value, which is the price actually paid or payable for the said supply of goods or services or both where the supplier and the recipient of the supply are not related and the price is the sole consideration for the supply. (2) The value of supply shall include- (a) any taxes, duties, cesses, fees and charges levied under any law for the time being in force other than this Act, the Central Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act, if charged separately by the suppl

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Explanation .-For the purposes of this sub-section, the amount of subsidy shall be included in the value of supply of the supplier who receives the subsidy. (3) The value of the supply shall not include any discount which is given- (a) before or at the time of the supply if such discount has been duly recorded in the invoice issued in respect of such supply; and (b) after the supply has been effected, if- (i) such discount is established in terms of an agreement entered into at or before the time of such supply and specifically linked to relevant invoices; and (ii) input tax credit as is attributable to the discount on the basis of document issued by the supplier has been reversed by the recipient of the supply. (4) W

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tly owns, controls or holds twenty-five per cent. or more of the outstanding voting stock or shares of both of them; (v) one of them directly or indirectly controls the other; (vi) both of them are directly or indirectly controlled by a third person; (vii) together they directly or indirectly control a third person; or (viii) they are members of the same family; (b) the term person also includes legal persons. (c) persons who are associated in the business of one another in that one is the sole agent or sole distributor or sole concessionaire, howsoever described, of the other, shall be deemed to be related. – – statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Taxat

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Section 14 – GST – States – TIME AND VALUE OF SUPPLY – Assam Goods and Services Tax Act, 2017 – Act-Rules – 14. Change in rate of tax in respect of supply of goods or services .- Notwithstanding anything contained in section 12 or section 13, the time of supply, where there is a change in the rate of tax in respect of goods or services or both, shall be determined in the following manner, namely:- (a) in case the goods or services or both have been supplied before the change in rate of tax,- (i) where the invoice for the same has been issued and the payment is also received after the change in rate of tax, the time of supply shall be the date of receipt of payment or the date of issue of invoice, whichever is earlier; or (ii)

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is received before the change in rate of tax, the time of supply shall be the date of receipt of payment or date of issue of invoice, whichever is earlier; or (iii) where the invoice has been issued after the change in rate of tax but the payment is received before the change in rate of tax, the time of supply shall be the date of issue of invoice: Provided that the date of receipt of payment shall be the date of credit in the bank account if such credit in the bank account is after four working days from the date of change in the rate of tax. Explanation .- For the purposes of this section, the date of receipt of payment shall be the date on which the payment is entered in the books of account of the supplier or the date on wh

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Section 13 – GST – States – TIME AND VALUE OF SUPPLY – Assam Goods and Services Tax Act, 2017 – Act-Rules – 13. Time of supply of services.- (1) The liability to pay tax on services shall arise at the time of supply, as determined in accordance with the provisions of this section. (2) 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 (b) the date of provision of service, if the invoice is not issued within the period prescribed under sub-section (2) of section 31 or the date of receipt of

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shall be the date on which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earlier. (3) In case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earlier of the following dates, namely:- (a) the date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or (b) the date immediately following sixty days from the date of issue of invoice or any other document, by whatever name called, in lieu thereof by the supplier: Provided that where it is not possible to determine the ti

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Section 12 – GST – States – TIME AND VALUE OF SUPPLY – Assam Goods and Services Tax Act, 2017 – Act-Rules – CHAPTER IV TIME AND VALUE OF SUPPLY 12. Time of supply of goods. (1) The liability to pay tax on goods shall arise at the time of supply, as determined in accordance with the provisions of this section. (2) The time of supply of goods shall be the earlier of the following dates, namely:- (a) the date of issue of invoice by the supplier or the last date on which he is required, under sub-section (1) of section 31, to issue the invoice with respect to the supply; or (b) the date on which the supplier receives the payment with respect to the supply: Provided that where the supplier of taxable goods receiv

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f which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earliest of the following dates, namely:- (a) the date of the receipt of goods; or (b) the date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or (c) the date immediately following thirty days from the date of issue of invoice or any other document, by whatever name called, in lieu there of by the supplier: Provided that where it is not possible to determine the time of supply under clause (a) or clause (b) or clause (c), the time of supply shall be the date of entry in the books of account of the recipient of supply. (4) In cas

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Section 11 – GST – States – LEVY AND COLLECTION OF TAX – Assam Goods and Services Tax Act, 2017 – Act-Rules – 11. Power to grant exemption from tax. (1) Where the Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by notification, exempt generally, either absolutely or subject to such conditions as may be specified therein, goods or services or both of any specified description from the whole or any part of the tax leviable thereon with effect from such date as may be specified in such notification. (2) Where the Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by special order i

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on issued by the Central Government, on the recommendations of the Council, under sub-section (1) of section 11 or order issued under sub-section (2) of the said section of the Central Goods and Services Tax Act shall be deemed to be a notification or, as the case may be, an order issued under this Act. Explanation .- For the purposes of this section, where an exemption in respect of any goods or services or both from the whole or part of the tax leviable thereon has been granted absolutely, the registered person supplying such goods or services or both shall not collect the tax, in excess of the effective rate, on such supply of goods or services or both. – – statute, statutory provisions legislation, law, enactment, Acts, Ru

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Section 10 – GST – States – LEVY AND COLLECTION OF TAX – Assam Goods and Services Tax Act, 2017 – Act-Rules – 10. Composition levy. (1) Notwithstanding anything to the contrary contained in this Act but subject to the provisions of sub-sections (3) and (4) of section 9, a registered person, whose aggregate turnover in the preceding financial year did not exceed fifty lakh rupees may opt to pay, in lieu of the tax payable by him, an amount calculated at such rate as may be prescribed, but not exceeding,- (a) one per cent. of the turnover in State in case of a manufacturer, (b) two and a half per cent. of the turnover in State in case of persons engaged in making supplies referred to in clause (b) of paragraph 6 of Schedule II,

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e is not engaged in making any supply of goods through an electronic commerce operator who is required to collect tax at source under section 52; and (e) he is not a manufacturer of such goods as may be notified by the Government on the recommendations of the Council: Provided that where more than one registered person are having the same Permanent Account Number (issued under the Income-tax Act 1961 (Central Act 43 of 1961)), the registered person shall not be eligible to opt for the scheme under sub-section (1) unless all such registered persons opt to pay tax under that sub-section. (3) The option availed of by a registered person under sub-section (1) shall lapse with effect from the day on which his aggregate turnover during a

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Goods and Services Tax – GST – By: – CA Akash Phophalia – Dated:- 17-6-2017 – Input tax credit on capital goods to registered persons The input tax credit on capital goods is presently available under all the laws with some restrictions. VAT law generally provides full credit on purchase of capital goods, but in some states the said credit is available in installments also. The Excise law generally provides for availment of Cenvat credit on capital goods at 50% in the first financial year in which capital goods is procured and balance 50% in the subsequent financial year. Further, the meaning of capital goods is very specific. The present chapter deals with the carry forward of Cenvat credit on capital goods for the registered persons from present tax regime into GST regime. Basic Provision The provision regarding admissibility of cenvat credit on capital goods is stated in section 140(2) of CGST Act 2017 is as under :- Section 140 (2) A registered person, other than a person opting t

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er this provision This provision is applicable on the persons registered under the present tax regime under the indirect taxes to be subsumed. Thus the following persons are covered under this provision:- (a) A person registered under Central Excise Act,1944 other than a person registered as first stage dealer or second stage dealer or as a registered importer or as a depot of a manufacturer under the said act. (b) A person registered under Finance Act 1994 (Service tax). (c) A person registered under respective Sales Tax Act. (d) A person registered under any of the relevant act as applicable to it. Thus it can be fairly inferred that the persons registered under the present indirect taxes which is going to be subsumed in the new GST regime and were eligible to avail of input tax credit on capital goods under the present taxation regime shall be eligible to carry forward input tax credit under this provision. However, if the existing registered person migrates to the GST regime and op

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be unavailed Cenvat credit in respect of capital goods and such credit on capital goods is not carried forward in the return furnished under the existing law. (b) The said credit should be admissible as input tax credit under the existing law. (c) The said credit should be admissible as input tax credit under the GST regime. Examples- (1) Sweet Memories Ltd has purchased a capital goods on April 12 2017 and paid duty of ₹ 15 lacs. It is eligible to avail of Cenvat credit on the said capital goods to the extent of ₹ 7.5 lacs in the same financial year under the present law. It can claim Cenvat credit in the return field for the relevant period in which capital goods are received presuming it to be for the month of April 2017. Now on the appointed day, say 1st July 2017, it migrated into GST regime, then the unavailed Cenvat credit to the extent of ₹ 7.5 lacs can be claimed by it under the provision of this section. (2) Sweet Memories Ltd is engaged in manufacture of ex

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Section 6 – GST – States – ADMINISTRATION – Haryana Goods and Services Tax Act, 2017 – Act-Rules – Authorisation of officers of central tax as proper officer in certain circumstances. 6. (1) Without prejudice to the provisions of this Act, the officers appointed under the Central Goods and Services Tax Act, 2017 (Central Act 12 of 2017) are authorised to be the proper officers for the purposes of this Act, subject to such conditions as the Government shall, on the recommendations of the Council, by notification, specify. (2) Subject to the conditions specified in the notification issued under sub-section (1),- (a) where any proper officer issues an order under this Act, he shall also issue an order under the Central Goods an

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Section 5 – GST – States – ADMINISTRATION – Haryana Goods and Services Tax Act, 2017 – Act-Rules – Powers of officers. 5. (1) Subject to such conditions and limitations as the Commissioner may impose, an officer of State tax may exercise the powers and discharge the duties conferred or imposed on him under this Act. (2) An officer of State tax may exercise the powers and discharge the duties conferred or imposed under this Act on any other officer of State tax who is subordinate to h

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Section 4 – GST – States – ADMINISTRATION – Haryana Goods and Services Tax Act, 2017 – Act-Rules – Appointment of officers. 4. (1) The Government may, in addition to the officers as may be notified under section 3, appoint such persons as it may think fit to be the officers under this Act. (2) The Commissioner shall have jurisdiction over the whole of the State, the Special Commissioner and an Additional Commissioner in respect of all or any of the functions assigned to them, shall h

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Section 3 – GST – States – ADMINISTRATION – Haryana Goods and Services Tax Act, 2017 – Act-Rules – CHAPTER II ADMINISTRATION Officers under this Act. 3. The Government shall, by notification, appoint the following classes of officers for the purposes of this Act, namely:- (a) Principal Commissioner or Chief Commissioner or Commissioner of State tax; (b) Special Commissioners of State tax; (c) Additional Commissioners of State tax; (d) Joint Commissioners of

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Section 2 – GST – States – PRELIMINARY – Haryana Goods and Services Tax Act, 2017 – Act-Rules – Definitions. 2. In this Act, unless the context otherwise requires,- (1) actionable claim shall have the same meaning as assigned to it in section 3 of the Transfer of Property Act, 1882 (Central Act 4 of 1882); (2) address of delivery means the address of the recipient of goods or services or both indicated on the tax invoice issued by a registered person for delivery of such goods or services or both; (3) address on record means the address of the recipient as available in the records of the supplier; (4) adjudicating authority means any authority, appointed or authorized to pass any order or decision under this Act, but does not include the Commissioner, the Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling, the Appellate Authority and the Appellate Tribunal; (5) agent means a person, including a factor, br

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hority means an authority appointed or authorized to hear appeals as referred to in section 107; (9) Appellate Tribunal means the Goods and Services Tax Appellate Tribunal referred to in section 109; (10) appointed day means the date on which the provisions of this Act shall come into force; (11) assessment means determination of tax liability under this Act and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgement assessment; (12) associated enterprises shall have the same meaning as assigned to it in section 92A of the Income Tax Act, 1961 (Central Act 43 of 1961); (13) audit means the examination of records, returns and other documents maintained or furnished by the registered person under this Act or the rules made thereunder or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed and to assess his compliance w

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ith commencement or closure of business; (e) provision by a club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members; (f) admission, for a consideration, of persons to any premises; (g) services supplied by a person as the holder of any office which has been accepted by him in the course or furtherance of his trade, profession or vocation; (h) services provided by a race club by way of totalisator or a licence to book maker in such club; and (i) any activity or transaction undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities; (18) business vertical means a distinguishable component of an enterprise that is engaged in the supply of individual goods or services or a group of related goods or services which is subject to risks and returns that are different from those of the other business verticals.

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ixed place of business; (21) central tax means the central goods and services tax levied under section 9 of the Central Goods and Services Tax Act, 2017 (Central Act 12 of 2017); (22) cess shall have the same meaning as assigned to it in the Goods and Services Tax (Compensation to States) Act, 2017 (Central Act 15 of 2017); (23) chartered accountant means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (Central Act 38 of 1949); (24) Commissioner means the Commissioner of State tax appointed under section 3 and includes the Principal Commissioner or Chief Commissioner of State tax appointed under section 3; (25) Commissioner in the Board means the Commissioner referred to in section 168 of the Central Goods and Services Tax Act, 2017 (Central Act 12 of 2017); (26) common portal means the common goods and services tax electronic portal referred to in section 146; (27) common working d

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ices or both includes- (a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government; (b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government: Provided that a deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply; (32) continuous supply of goods means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis, under a contra

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credit note means a document issued by a registered person under sub-section (1) of section 34; (38) debit note means a document issued by a registered person under sub-section (3) of section 34; (39) deemed exports means such supplies of goods as may be notified under section 147; (40) designated authority means such authority as may be notified by the Commissioner; (41) document includes written or printed record of any sort and electronic record as defined in clause (t) of section 2 of the Information Technology Act, 2000 (Central Act 21 of 2000); (42) drawback in relation to any goods manufactured in India and exported, means the rebate of duty, tax or cess chargeable on any imported inputs or on any domestic inputs or input services used in the manufacture of such goods; (43) electronic cash ledger means the electronic cash ledger referred to in sub-section (1) of section 49; (44) electronic commerce means the supply of goods or services or bot

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ildren of the person; and (ii) the parents, grand-parents, brothers and sisters of the person if they are wholly or mainly dependent on the said person; (50) fixed establishment means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs; (51) fund means the Consumer Welfare Fund established under section 57; (52) goods means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply; (53) Government means the Government of the State of Haryana; (54) Goods and Services Tax (Compensation to States) Act means the Goods and Services Tax (Compensation to States) Act, 2017 (Central Act 15 of

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ss; (60) input service means any service used or intended to be used by a supplier in the course or furtherance of business; (61) Input Service Distributor means an office of the supplier of goods or services or both which received tax invoices issued under section 31 towards the receipt of input services and issued a prescribed document for the purposes of distributing the credit of Central Tax, State Tax, Integrated Tax or Union Territory Tax paid on the said services to a supplier of taxable goods or services or both having the same Permanent Account Number as that of the said office; (62) input tax in relation to a registered person, means the Central Tax, State Tax, Integrated Tax or Union Territorial Tax charged on any supply of goods or services or both made to him and includes- (a) the integrated goods and services tax charged on import of goods; (b) the tax payable under the provisions of sub-sections (3) and (4) of section 9; (c) the tax payable u

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means, with or without consideration; (68) job work means any treatment or process undertaken by a person on goods belonging to another registered person and the expression job worker shall be construed accordingly; (69) local authority means- (a) a Panchayat as defined in clause (d) of article 243 of the constitution; (b) a Municipality as defined in clause (e) of article 243P of the Constitution; (c) a Municipal Committee, a Zila Parishad, a District Board, and any other authority legally entitled to, or entrusted by the Central Government or any State Government with the control or management of a municipal or local fund; (d) a Cantonment Board as defined in section 3 of the Cantonments Act, 2006 (Central Act 41 of 2006); (e) a Regional Council or a District Council constituted under the Sixth Schedule to the Constitution; (f) a Development Board constituted under article 371 of the Constitution; or (g) a Regional Council constituted

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her than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; (c) where a supply is made from more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provisions of the supply; and (d) in absence of such placed, the location of the usual place of residence of the supplier; (72) manufacture means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term manufacturer shall be construed accordingly; (73) market value shall mean the full amount which a recipient of a supply is required to pay in order to obtain the goods or services or both of like kind and quality at or about the same time and at the same commercial level where the recipient and the supplier are not related; (74) mixed supply me

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is held for its numismatic value; (76) motor vehicle shall have the same meaning as assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988); (77) non-resident taxable person means any person who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India; (78) non-taxable supply means a supply of goods or services or both which is not leviable to tax under this Act or under the Integrated Goods and Services Tax Act, 2017 (Central Act 13 of 2017); (79) non-taxable territory means the territory which is outside the taxable territory; (80) notification means a notification published in the Official Gazette and the expressions notify and notified shall be construed accordingly; (81) other territory includes territories other than those comprising in a State and those referre

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Companies Act, 2013 (Central Act 18 of 2013); (h) any body corporate incorporated by or under the laws of a country outside India; (i) a co-operative society registered under any law relating to co-operative societies; (j) a local authority; (k) Central Government or a State Government; (l) society as defined under the Societies Registration Act, 1860 (Central Act 21 of 1860); (m) trust; and (n) every artificial juridical person, not falling within any of the above; (85) place of business includes- (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godwon or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or (b) a place where a taxable person maintains his books of account; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called; (86) place of supply means the place of supply as refer

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ch, June, September and December of a calendar year; (93) recipient of supply of goods or services or both, means- (a) where a consideration is payable for the supply of goods or services or both, the person who is liable to pay that consideration; (b) where no consideration is payable for the supply of goods, the person to whom the goods are delivered or made available, or to whom possession or use of the goods is given or made available; and (c) where no consideration is payable for the supply of a service, the person to whom the service is rendered, and any reference to a person to whom a supply is made s hall be construed as a reference to the recipient of the supply and shall include an agent acting as such on behalf of the recipient in relation to the goods or services or both supplied; (94) registered person means a person who is registered under section 25 but does not include a person having a Unique Identity Number; (95) regulations means the

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n section 108; (100) Schedule means a Schedule appended to this Act; (101) securities shall have the same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (Central Act 42 of 1956); (102) Services means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged; (103) State means the State of Haryana; (104) state tax means the tax levied under this Act; (105) supplier in relation to any goods or services or both, shall mean the person supplying the said goods or services or both and shall include an agent acting as such on behalf of such supplier in relation to the goods or services or both supplied; (106) tax period means the period for which the return is required to be furnished;

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h tax is payable by a person on reverse charge basis) and exempt supplies made within a State by a taxable person, exports of goods or services or both and inter-State supplies of goods or services or both made from the State by the said taxable person but excludes Central Tax, State Tax, Union Territory Tax, Integrated Tax and cess; (113) usual place of residence means- (a) in case of an individual, the place where he ordinarily resides; (b) in other cases, the place where the person is incorporated or otherwise legally constituted; (114) Union territory means the territory of,- (a) the Andaman and Nicobar Islands; (b) Lakshadweep; (c) Dadra and Nagar Haveli; (d) Daman and Diu; (e) Chandigarh; and (f) other territory; Explanation .- For the purposes of this Act, each of the territories specified in sub-clauses (a) to (f) shall be considered to be a separate Union territory; (115) Union territory tax means the Union territory

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Section 1 – GST – States – PRELIMINARY – Haryana Goods and Services Tax Act, 2017 – Act-Rules – Notification The 8th June, 2017 No. Leg. 19/2017.- The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 7th June, 2017 and is hereby published for general information:- HARYANA ACT NO. 19 OF 2017 THE HARYANA GOODS AND SERVICES TAX ACT, 2017 AN ACT to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the State of Haryana and for matters connected therewith or incidental thereto. Be it enacted by the Legislature of the State of Haryana in the Sixty-eighth Year of the Republic of India as follows:-

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Goods and Services Tax – GST – Dated:- 16-6-2017 – In pursuance to Cabinet Secretary s directions a GST facilitation cell has been set up in the Department with a view to facilitate the rollout of GST. The GST facilitation cell is headed by Sh. Sudhansu Sekhar Das, Economic Adviser. The cell shall have the following functions: (i) Be in Constant touch with the major industry and business associations relating to the Department. (ii) Shall be the first point of contact for addressing any issue b

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 16-6-2017 Last Replied Date:- 17-6-2017 – GST system The GST system consists of all stakeholders starting from taxpayer to tax professional to tax officials to GST portal to Banks to accounting authorities. GST System will provide a GST portal for taxpayers to access the GST System and do all the GST compliance activities. The system may require different kind of facilities like converting their purchase/sales register data in GST compliant format, Integration of their Accounting Packages/ERP with GST System etc., various kinds of dashboards to view Matched/Mismatched ITC claims, Tax liability, Filing status etc., The system will also provide Tax payer options of using third party applications, which can provide different kind of interfaces on desktop/mobile for them to be GST compliant. Such parties are as GST Suvidha Providers ( GSP for short). The term Suvidha is a Hindi word. GSP is the service provider who will ma

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stop for GST related services. They can customize products that address the needs of different segment of users. The GSPs are free to charge the tax payers depending on the services they offer to their clients. Benefits available to tax payers Some of the benefits accrue to the tax payers using the services of GSP are highlighted below- Conversion of their current invoice format generated by their existing accounting software, which could be in csv, pdf, excel, word format, into GST compliant format; Reconciliation of auto populated data from GST portal with their purchase register data, where purchase register data can be on excel, csv or in any proprietary database and uploaded data from GST format could be in json/csv; Organization having various branches will need a way to upload branch wise invoices, as GST System will only provide one user-id/password for GST system access. An application having role based access and different view for different branches will be needed. A compan

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u India LLP; Ernst & Young LLP; Excellon Software Private Limited; Gofrugal Technologies Private Limited; Hazel Mercantile Limited; IRIS Business Services Limited; Karvy Data Management Services Limited; Mastek Limited; Masters India Private Limited; Motherson Sumi Infotech & Designs Limited; NSDL e-governance Infrastructure Limited; Ramco Systems Limited; Reliance Corporate IT Park Limited; Seshaasai Business Forms Private Limited; Shalibhadra Finance Limited; SISL Infotech Private Limited; Skill Lotto Solutions Private Limited; Spice Digital Limited; Sugal & Damani Utility Services Private Limited; Tally Solutions Private Limited; TATA Consultancy Services Limited; TAXMANN Publications Private Limited; Tera Software Limited; Trust Systems & Software (I) Private Limited; Vayana Private Limited; Velocis Systems Private Limited; Vertex Customer Management India Private Limited; WeP Solutions Limited. They are expected to help large businesses with complex and varied inte

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imers as GSTN may require from time to time. The GSP Application should be free from any Third Party IPR breach. The GSP shall ensure that GSP Application is connected to GST System in a continuous asynchronous mode whenever the GSP has to provide any kind of Services to the Taxpayer The GSP shall bear all costs in relation to provision of all the Services and obligations it may have under this Agreement, including but limited to, establishment/deployment/development of hardware, infrastructure, applications etc. During the Term of this Agreement and thereafter, the GSP acknowledges that it shall abstain itself from any such activity/es which is/are intended to or would reasonably be expected to or lead to unwanted, unfavorable or adverse publicity against GSTN, through any medium/publication whatsoever, which may cause harm (directly or indirectly) to GSTN or its reputation. The GSP shall not use Taxpayers Data for any purpose other than the purpose permitted by the Taxpayer and shall

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Customs – Started By: – Mitesh Gandhi – Dated:- 16-6-2017 Last Replied Date:- 23-7-2017 – Dear Sirswe are the manufacturer as well trader have some of the item imports, and being sell along with manufacturing item, through distributors channel, the distributors are going to availed credit on manufactured item as Excise is charged and reflecting in the invoice, but the same manufactured items sent from our North depot to the distributors with retail invoice they do not have evidence in the retails invoice that is a excise paid material,Further we are facing issue while preparing trading bill which import duty paid material, while selling we are not displaying the import duty component we paid in the invoice, and its gone against 2% cst out

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Goods and Services Tax – Started By: – SNEHAL SHAH – Dated:- 16-6-2017 Last Replied Date:- 19-6-2017 – Dear sir ,As per GST Law Tax liability on Advance also .If we give order for procure goods/materials to overseas vendor ( As a Import ) and some amount will pay as a advance , than GST applicable on advances and who will pay GST ( as per me GST will pay as per reverse charge mechanisam ).Please provide your valuable input sir .Regards,SNEHAL – Reply By MUKUND THAKKAR – The Reply = GST is appli

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Goods and Services Tax – Reduced Liability of Tax on complex, building, flat etc. under GST – CBEC clarifies that why the prices should not increase post GST – TMI Updates – Highlights

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Goods and Services Tax – Started By: – katkoori baburao – Dated:- 16-6-2017 Last Replied Date:- 3-7-2017 – Please provide the HSN nos for the following commodities Commodity HSSN HERBAL AND AYURVEDIC PRODUCTS AND HOMEOPATHIC PRODUCTS READYMADE GARMENTS AND HOSIERY GOODS; TEXTILE CLOTH MADE UPS SAREES DRESS MATERIALS TOWELS ETC Works Contracts TEXTILE CLOTH MADE UPS SAREES DRESS MATERIALS TOWELS ETC READYMADE GARMENTS AND HOSIERY GOODS; TEXTILE CLOTH MADE UPS SAREES DRESS MATERIALS TOWELS ETC AIR CONDITIONERS AND SPARES READYMADE GARMENTS AND HOSIERY GOODS; KITCHENWARE Automobile Parts and Accessories; READYMADE GARMENTS AND HOSIERY GOODS; Electronics; TEXTILE CLOTH MADE UPS SAREES DRESS MATERIALS TOWELS ETC; TEXTILE FABRIC COATED HARDWARE; ELECTRONICS; TOOLS AND INSTRUMENTS ; MEDICAL EQUIPMENTS / DEVISES AND IMPLANTS READYMADE GARMENTS AND HOSIERY GOODS; TAILORING MATERIALS; LABELS KITCHENWARE; HOME APPLIANCES SPORTS GOODS AIR COMPRESSORS AIR COMPRESSOR SPARES ALL MOTOR VEHICLES EXCEP

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SPORTS GOODS AUTOMOBILE PARTS AND ACCESSORIES; READYMADE GARMENTS AND HOSIERY GOODS; ELECTRONICS; TEXTILE CLOTH MADE UPS SAREES DRESS MATERIALS TOWELS ETC; TEXTILE FABRIC COATED SOAPS INCLUDING WASHING POWDER; FURNITURE; HOME APPLIANCES PVC PRODUCTS – OTHER THAN PVC CLOTH, REXINE; SANITARY WARE; ALUMINIUM AND ITS PRODUCTS AQUATIC FEED, CATTEL FEED, FEED SUPPLEMENTS AND NUTRIENTS; VETERINARY MEDICINES READYMADE GARMENTS AND HOSIERY GOODS READYMADE GARMENTS AND HOSIERY GOODS; TEXTILE CLOTH MADE UPS SAREES DRESS MATERIALS TOWELS ETC ELECTRONICS; MOBILE PHONES, SPARES READYMADE GARMENTS AND HOSIERY GOODS OIL CAKES AND DEOILED CAKES; ORGANIC MANURE; NEEM CAKE LABORATORY EQUIPMENTS ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; ELECTRONICS; AIR CONDITIONERS AND SPARES FURNITURE; LEATHER PROUDCTS; SOLAR POWER SYSTEMS; KITCHENWARE; SODA MAKING MACHINE AND SPARES; HOME APPLIANCES READYMADE GARMENTS AND HOSIERY GOODS ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; READYMADE GARMENTS AND HOSIERY GOODS; FOOTWEA

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PT ENGINES/MOTORS; READYMADE GARMENTS AND HOSIERY GOODS Fabrication and Structures made of Steel or other Material.; Works Contracts; Others FABRICATION AND STRUCTURES MADE OF STEEL OR OTHER MATERIAL.; STORAGE TANKS OF ALL KINDS; ALL MATERIAL HANDLING EQUIPMENTS Watches and Clocks; Works Contracts ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; ELECTRONICS MACHINERY ; IMITATION JEWELLERY; BANGLES READYMADE GARMENTS AND HOSIERY GOODS READYMADE GARMENTS AND HOSIERY GOODS ELECTRONICS; COMPUTERS, PERIPHERALS; MOBILE PHONES, SPARES READYMADE GARMENTS AND HOSIERY GOODS; ELECTRONICS AUTOMOBILE PARTS AND ACCESSORIES; FABRICATION AND STRUCTURES MADE OF STEEL OR OTHER MATERIAL.; ALUMINIUM AND ITS PRODUCTS; ENGINEERING GOODS; INDUSTRIAL INPUTS CEMENT; ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; PAINTS AND COLOURS; PLYWOOD AND LAMINATES; SANITARY WARE; MARBLE Hotels PLYWOOD AND LAMINATES; GLASS AND GLASS WARE HOTELS KITCHENWARE; HOME APPLIANCES IMITATION JEWELLERY Cosmetics COSMETICS; ELECTRICAL GOODS EXCEPT

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RY GOODS; TEXTILE CLOTH MADE UPS SAREES DRESS MATERIALS TOWELS ETC COSMETICS; ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; ELECTRONICS; COMPUTERS, PERIPHERALS; HOME APPLIANCES KITCHENWARE; TOOLS AND INSTRUMENTS ; HOME APPLIANCES; ALL UTENSILS Works Contracts and Iron and Steel; Others IMITATION JEWELLERY Others GIFTS AND NOVELTIES ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; READYMADE GARMENTS AND HOSIERY GOODS; ELECTRONICS; HOME APPLIANCES ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; ELECTRONICS; HOME APPLIANCES TAILORING MATERIALS MARBLE; HARDWARE; CERAMIC TILES AND GLAZED TILES AND EARTHEN TILES FLOORING MATERIALS EXCEPT GRANITES AND MARBLE; MARBLE; GRANITES KIRANA/GROCERIES ALL TYPES OF RESINS; ALL TYPES OF WAXES; CHEMICALS ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; ELECTRONICS ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; PRESSURE COOKERS, PANS; GIFTS AND NOVELTIES; KITCHENWARE; HOME APPLIANCES; ALL UTENSILS ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; AUTOMOBILE PARTS AND ACCESSORIES; GLASS AND GLASS WARE; E

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MADE GARMENTS AND HOSIERY GOODS; FOOTWEAR; GIFTS AND NOVELTIES; LEATHER PROUDCTS; BITUMEN; IMITATION JEWELLERY; ASPHALTIC ROOFING SHEETS STAINLESS STEEL ACID; CHEMICALS; ALL WATER TREATMENT CHEMICALS MACHINERY ; TOOLS AND INSTRUMENTS BIO PRODUCTS, AGRO CHEMICALS, MICRO NUTRIENTS FABRICATION AND STRUCTURES MADE OF STEEL OR OTHER MATERIAL.; ENGINEERING GOODS DYES AND CHEMICALS; RUBBER AND RUBBER PRODUCTS AND COIR PRODUCTS; ADHESIVES COMPUTERS, PERIPHERALS; MOBILE PHONES, SPARES ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; ELECTRONICS; COMPUTERS, PERIPHERALS; IT PRODUCTS COSMETICS; AUTOMOBILE PARTS AND ACCESSORIES; FURNITURE; HARDWARE; SPORTS GOODS; NOTE BOOKS,DIARIES AND STATIONERY; ELECTRONICS; MOBILE PHONES, SPARES; BAGS,BELTS,CAPS; TOOLS AND INSTRUMENTS ; TOYS; HOME APPLIANCES; BICYCLES,TRICYCLES,CYCLE RICKSHAWS AND PARTS AND ACCESSORIES; MEDICAL EQUIPMENTS / DEVISES AND IMPLANTS ELECTRICAL GOODS EXCEPT ENGINES/MOTORS; AUTOMOBILE PARTS AND ACCESSORIES; READYMADE GARMENTS AND HOSIERY GOODS;

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RICS, MANMADE FABRICS, WOOLEN FABRICS AND TEXTILE MADE-UPS BIO PRODUCTS, AGRO CHEMICALS, MICRO NUTRIENTS PLASTIC RAW MATERIALS; AGRICULTURAL IMPLEMENTS; HANDLOOMS, PARTS AND ACCESSORIES THEREOF AND GOODS PRODUCED FROM HANDLOOMS; COTTON FABRICS, MANMADE FABRICS, WOOLEN FABRICS AND TEXTILE MADE-UPS ADHESIVES Works Contracts ELECTRONICS; HOME APPLIANCES Fertilizers, Bone Meal; Pesticides,Insecticides,Fungicides,Herbicides,Weedicides FURNITURE; TEXTILE CLOTH MADE UPS SAREES DRESS MATERIALS TOWELS ETC; HOME APPLIANCES ELECTRONICS; HOME APPLIANCES ELECTRONICS; MOBILE PHONES, SPARES; IT PRODUCTS – Reply By Rajagopalan Ranganathan – The Reply = Sir,Please refer to GST RATE SCHEDULE FOR GOODS [As per discussions in the GST Council Meeting held on 18th May, 2017] . – Reply By ASHOK AMIN – The Reply = Dear Experts,We are having products falling under Chapter Sub-Head 34029011. What will be the gst rate for the goods falling under this Chapter Sub-Head ? – Reply By mahesh israni – The Reply = WE H

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Goods and Services Tax – Started By: – POLYPLEX CORPORATIONLTD. – Dated:- 16-6-2017 Last Replied Date:- 19-6-2017 – Dear Expert My query is we are in Area based Exemption under notification 50/2003. Now after the appointed day (01.07.2017), we will received bills of transporter pertains to May 2017 & June 2017. Then we have deposit GST @ 5% under reverse chrage? In present regime, we are not taking any service tax credit due to exemption but after GST, Can we take Service tax Credit on GTA

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VAT and Sales Tax – Started By: – Abdul Adil – Dated:- 16-6-2017 Last Replied Date:- 17-6-2017 – We have our corporate office at New Delhi. All invoices are generated and orders received from India at our H.O. Hence CST was charged, and post July 01st, with GST, we will use one registration for all branches in India. Kindly clarify, what rules do we need to follow, for sending Demo equipment or Stock Transfer, to our branches at different locations in India. Do we need a separate GST registrati

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Goods and Services Tax – Started By: – RAJESH LANGALIA – Dated:- 16-6-2017 Last Replied Date:- 17-6-2017 – I have following query which you please reply as soon as possible with reference to section and law : 1. as on 30.06.2017, I have input credit lying in Capital Work in progress in terms of civil foundation work for plant and machinery. Will I be able to claim it as Input tax credit in GST regime as per provisions of 140 (2) of CGST act ? 2. If I am paying Royalty to Government, whether it would be subjected to GST and thereby would be able to avail credit of that? 3. In current tax regime, I am manufacturing non excisable product and for that service tax paid on input services or excise paid on material consumed in final non excisable

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what are the changes for mutual fund distributors in gst – Service Tax – Started By: – SUNIL KUMAR – Dated:- 15-6-2017 Last Replied Date:- 30-12-1899 – what are the changes effect to mutual fund distr

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