Annual return

Rule 80 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 80 – 80. Annual return.- (1) Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a nonresident taxable person, shall furnish an annual return as specified under sub-section (1) of section 44 electronically in FORM GSTR-9 through the common portal either directly or through a Facilitation Centre notified by the Commissioner: P

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Communication and rectification of discrepancy in details furnished by the e-commerce operator and the supplier

Rule 79 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 79 – 79. Communication and rectification of discrepancy in details furnished by the ecommerce operator and the supplier.- (1) Any discrepancy in the details furnished by the operator and those declared by the supplier shall be made available to the supplier electronically in FORM GST MIS-3 and to the e-commerce operator electronically in FORM GST MIS-4 on the common portal on or before the last date of the month in wh

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Matching of details furnished by the e-Commerce operator with the details furnished by the supplier

Rule 78 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 78 – 78. Matching of details furnished by the e-Commerce operator with the details furnished by the supplier.- The following details relating to the supplies made through an e-Commerce operator, as declared in FORM GSTR-8, shall be matched with the corresponding details declared by the supplier in FORM GSTR-1, (a) State of place of supply; and (b) net taxable value: Provided that where the time limit for furnishing FO

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Refund of interest paid on reclaim of reversals

Rule 77 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 77 – 77. Refund of interest paid on reclaim of reversals.- The interest to be refunded under sub-section (9) of section 42 or sub-section (9) of section 43 shall be claimed by the registered person in his return in FORM GSTR-3 and shall be credited to his electronic cash ledger in FORM GST PMT-05 and the amount credited shall be available for payment of any future liability towards interest or the taxable person may c

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Communication and rectification of discrepancy in reduction in output tax liability and reversal of claim of reduction

Rule 75 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 75 – 75. Communication and rectification of discrepancy in reduction in output tax liability and reversal of claim of reduction.- (1) Any discrepancy in claim of reduction in output tax liability, specified in sub-section (3) of section 43, and the details of output tax liability to be added under sub-section (5) of the said section on account of continuation of such discrepancy, shall be made available to the registered person making such claim electronically in FORM GST MIS- 1 and the recipient electronically in FORM GST MIS- 2 through the common portal on or before the last date of the month in which the matching has been carried out. (2) A supplier to whom an

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Final acceptance of reduction in output tax liability and communication thereof

Rule 74 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 74 – 74. Final acceptance of reduction in output tax liability and communication thereof.- (1) The final acceptance of claim of reduction in output tax liability in respect of any tax period, specified in sub-section (2) of section 43, shall be made available electronically to the person making such claim in FORM GST MIS-1 through the common portal. (2) The claim of reduction in output tax liability in respect of any

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Matching of claim of reduction in the output tax liability

Rule 73 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 73 – 73. Matching of claim of reduction in the output tax liability .- The following details relating to the claim of reduction in output tax liability shall be matched under section 43 after the due date for furnishing the return in FORM GSTR-3, namely:- (a) Goods and Services Tax Identification Number of the supplier; (b) Goods and Services Tax Identification Number of the recipient; (c) credit note number; (d) credit note date; and (e) tax amount: Provided that where the time limit for furnishing FORM GSTR-1 under section 37 and FORM GSTR-2 under section 38 has been extended, the date of matching of claim of reduction in the output tax liability shall be exten

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Impact on Common Middle Class People

Goods and Services Tax – Started By: – Karthik Ramanathan – Dated:- 29-6-2017 Last Replied Date:- 30-6-2017 – 1.Whether the GST will be beneficial for the poor or middle class people ?2. The Prices of Consumable items of common people may rise under GST and eating at restaurants will become costlier. Whether the State Govt. or Central Govt. will take responsibility for control of these price fluctuations which affects common salaried class people ? The best example is Milk and Milk Products. –

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Communication and rectification of discrepancy in claim of input tax credit and reversal of claim of input tax credit

Rule 71 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 71 – 71. Communication and rectification of discrepancy in claim of input tax credit and reversal of claim of input tax credit.- (1) Any discrepancy in the claim of input tax credit in respect of any tax period, specified in sub-section (3) of section 42 and the details of output tax liable to be added under sub-section (5) of the said section on account of continuation of such discrepancy, shall be made available to the recipient making such claim electronically in FORM GST MIS-1 and to the supplier electronically in FORM GST MIS-2 through the common portal on or before the last date of the month in which the matching has been carried out. (2) A supplier to whom

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Final acceptance of input tax credit and communication thereof

Rule 70 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 70 – 70. Final acceptance of input tax credit and communication thereof.- (1) The final acceptance of claim of input tax credit in respect of any tax period, specified in sub-section (2) of section 42, shall be made available electronically to the registered person making such claim in FORM GST MIS-1 through the common portal. (2) The claim of input tax credit in respect of any tax period which had been communicated a

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PROPER OFFICER

Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 29-6-2017 – Introduction The GST Acts of Central as well States empowers the respective Governments to appoint officers as per requirement to administer the GST regime. In many of the provisions we may come across the term proper officer to deal with such cases. Therefore we have to check in any action by the Department whether the action has been initiated by the proper officer. In some provisions we may see the expression deemed proper officer . Rule 13 of Anti-Profiteering Rules,2017 which got the approval of the GST Council in its meeting held on 18.05.2017, provides that the Director General of Safeguards, or an officer authorized by him in this behalf shall be deemed to be the proper officer to exercise such 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 the power in any inquiry in the same mann

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section 5(2) of the said Act, the Board assigned the following officers, the functions as the proper officers in relation to various sections of the said Act or the rules made there under in relation to composition levy and registration- Assistant or Deputy Commissioners of Central Tax and Assistant or Deputy Directors of central taxare assigned as proper officers for the following functions- Under Composition levy Under section 10(5) – this section provides that if the proper officer has reasons to believe that a taxable person has paid tax under section 5(1) despite not being eligible, such person shall, in addition to any tax that may be payable by him under any other provisions of this Act, be liable to a penalty and the provisions of section 73 or section 74 shall, mutatits mutandis apply for determination of tax and penalty; Rule 6 – Rule 6 of Central Goods and Services Tax Rules, 2017 deals with the procedure of validating of composition levy. Rule 6(4) provides that where the p

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tion, whichever is earlier and such person shall make taxable supplies only after the issuance of the certificate of registration. The first proviso to section 27(1) provided that the proper officer may, on sufficient cause being shown by the said taxable person, extend the said period of 90 days by a further period not exceeding 90 days. Section 30 – Revocation of cancellation of registration – Section 30(1) provides that subject to such conditions as may be prescribed, any registered person, whose registration is cancelled by the proper officer on his own motion, may apply to such officer for revocation of cancellation of the registration in the prescribed manner within 30 days from the date of service of the cancellation order. The proper officer may, in such manner and within such powers as may be prescribed, by order, either revoke cancellation of the registration or reject the application. Rule 23 – This rule prescribes the procedure for revocation of cancellation of registration

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equiring the applicant to show cause as to why the application submitted for revocation should not be rejected and the applicant shall furnish the reply within a period of 7 working days from the date of the service of the notice in Form GST REG – 24; On receipt of the information in clarification in Form GST REG – 24, the proper officer shall proceed to dispose of the applicationwithin a period of 30 days from the date of the receipt of such information or clarification from the applicant; Rule 25 – Physical verification of business premises in certain cases – This rule provides that where the proper officer is satisfied that the physical verification of the place of business of a registered person is required after the grant of registration, he may get such verification done and the verification report along with the other documents, including photographs, shall be uploaded in Form GST REG – 30 on the common portal within a period of 15 working days following the date of such verific

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ation without giving the person an opportunity of being heard; Section 29 – Cancellation of registration – The proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of death of such person, cancel the registration, in such manner and within such period as may be prescribed, having regard to the circumstances where- the business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other entity, demerged or otherwise disposed of; or there is any change in the constitution of the business; or the taxable person, other than the person registered under section 25(3), is no longer liable to be registered under section 22 or 24; The proper officer may cancel the registration of a person from such date including any retrospective date, as he may deem fit, where- a registered person has contravened such provisions of the Act or the rules made there under as may be pre

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per officer under the Act; Rule 12 – Grant of registration to persons required to deduct tax at source or to collect tax at source – This rule prescribes the procedure for the grant of registration to persons required to deduct tax at source or to collect tax at source, after due verification by the proper officer; Rule 16 – suo-motu registration – This rule prescribes the procedure for the proper officer to register a person who is liable to registration under this Act, on a temporary basis and issue an order in Form GST REG – 12; Rule 17 – Assignment of Unique Identity Number to certain special entities – This rule prescribes the procedure to grant UIN to a person who requires to obtain the same; Rule 19 – Amendment of registration – This rule prescribes the procedure by the procedure to amend the registration on the application furnished by the registered person; Rule 22 – Cancellation of registration – This rule prescribes the procedure by the proper officer to cancel the registrat

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Matching of claim of input tax credit

Rule 69 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 69 – 69. Matching of claim of input tax credit .- The following details relating to the claim of input tax credit on inward supplies including imports, provisionally allowed under section 41, shall be matched under section 42 after the due date for furnishing the return in FORM GSTR-3- (a) Goods and Services Tax Identification Number of the supplier; (b) Goods and Services Tax Identification Number of the recipient; (c) invoice or debit note number; (d) invoice or debit note date; and (e) tax amount: Provided that where the time limit for furnishing FORM GSTR-1 specified under section 37 and FORM GSTR-2 specified under section 38 has been extended, the date of ma

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Matching of claim of input tax credit

Rule 69 – Rules – Returns – Goods and Services Tax – Rule 69 – 69. Matching of claim of input tax credit .- The following details relating to the claim of input tax credit on inward supplies including imports, provisionally allowed under section 41, shall be matched under section 42 after the due date for furnishing the return in FORM GSTR-3- (a) Goods and Services Tax Identification Number of the supplier; (b) Goods and Services Tax Identification Number of the recipient; (c) invoice or debit note number; (d) invoice or debit note date; and (e) tax amount: Provided that where the time limit for furnishing FORM GSTR-1 specified under section 37 and FORM GSTR-2 specified under section 38 has been extended, the date of matching relating to c

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GST – Rate of Tax on Goods and Services with Exemption, Reverse Charge, Concessional Rate etc.

News and Press Release – Dated:- 29-6-2017 – GST rates and General Exemptions GST rates and General Exemptions – item wise Rate Notifications – Effective Notifications IGST – Rate of Tax, Exemption, Reverse Charge etc. CGST – Rate of Tax, Exemption, Reverse Charge etc. UT GST – Rate of Tax, Exemption, Reverse Charge etc. Cess – Rates of Compensation Cess on Goods/ Services In case of difficulty in classification: Customs Tariff Act, 1975 has to be referred. + Use advanced search facility to fin

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Form and manner of submission of statement of supplies through an e-commerce operator

Rule 67 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 67 – 67. Form and manner of submission of statement of supplies through an e-commerce operator.- (1) Every electronic commerce operator required to collect tax at source under section 52 shall furnish a statement in FORM GSTR-8 electronically on the common portal, either directly or from a Facilitation Centre notified by the Commissioner, containing details of supplies effected through such operator and the amount of

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Form and manner of submission of return by a person required to deduct tax at source

Rule 66 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 66 – 66. Form and manner of submission of return by a person required to deduct tax at source.- (1) Every registered person required to deduct tax at source under section 51 (hereafter in this rule referred to as deductor) shall furnish a return in FORM GSTR-7 electronically through the common portal either directly or from a Facilitation Centre notified by the Commissioner. (2) The details furnished by the deductor u

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Form and manner of submission of return by an Input Service Distributor

Rule 65 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 65 – 65. Form and manner of submission of return by an Input Service Distributor.- Every Input Service Distributor shall, on the basis of details contained in FORM GSTR-6A, and where required, after adding, correcting or deleting the details, furnish electronically the return in FORM GSTR-6, containing the details of tax invoices on which credit has been received and those issued under section 20, through the common p

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Form and manner of submission of return by persons providing online information and database access or retrieval services

Rule 64 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 64 – 64. Form and manner of submission of return by persons providing online information and database access or retrieval services.- Every registered person providing online information and data base access or retrieval services from a place outside India to a person in India other than a registered person shall file return in FORM GSTR-5A on or before the twentieth day of the month succeeding the calendar month or pa

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Form and manner of submission of return by non-resident taxable person.

Rule 63 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 63 – 63. Form and manner of submission of return by non-resident taxable person.- Every registered non-resident taxable person shall furnish a return in FORM GSTR-5 electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner, including therein the details of outward supplies and inward supplies and shall pay the tax, interest, penalty, fees or any other amoun

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Form and manner of submission of quarterly return by the composition supplier

Rule 62 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 62 – 62. Form and manner of submission of quarterly return by the composition supplier.- (1) Every registered person paying tax under section 10 shall, on the basis of details contained in FORM GSTR-4A, and where required, after adding, correcting or deleting the details, furnish the quarterly return in FORM GSTR-4 electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner. 1[Provided that the registered person who opts to pay tax under section 10 with effect from the first day of a month which is not the first month of a quarter shall furnish the return in FORM GSTR-4 for that period of the quarter for

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year shall, where required, furnish the details of outward and inward supplies and return under rules 59, 60 and 61 relating to the period during which the person was liable to furnish such details and returns till the due date of furnishing the return for the month of September of the succeeding financial year or furnishing of annual return of the preceding financial year, whichever is earlier. Explanation.- For the purposes of this sub-rule, it is hereby declared that the person shall not be eligible to avail of input tax credit on receipt of invoices or debit notes from the supplier for the period prior to his opting for the composition scheme. (5) A registered person opting to withdraw from the composition scheme at his own motion or w

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Form and manner of submission of monthly return

Rule 61 – Rules – Returns – Central Goods and Services Tax Rules, 2017 – Rule 61 – 61. Form and manner of submission of monthly return.- (1) Every registered person other than a person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 or an Input Service Distributor or a non-resident taxable person or a person paying tax under section 10 or section 51 or, as the case may be, under section 52 shall furnish a return specified under sub-section (1) of section 39 in FORM GSTR-3 electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner. (2) Part A of the return under sub-rule (1) shall be electronically generated on the basis of information furnished through

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ction 54. 1[(5) Where the time limit for furnishing of details in FORM GSTR-1 under section 37 and in FORM GSTR-2 under section 38 has been extended and the circumstances so warrant, the Commissioner may, by notification, 2[specify the manner and conditions subject to which the] return shall be furnished in FORM GSTR- 3B electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner. (6) Where a return in FORM GSTR-3B has been furnished, after the due date for furnishing of details in FORM GSTR-2- (a) Part A of the return in FORM GSTR-3 shall be electronically generated on the basis of information furnished through FORM GSTR-1, FORM GSTR-2 and based on other liabilities of preceding t

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