Goods and Services Tax

Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 26-4-2017 Last Replied Date:- 28-4-2017 – We are having two different manufacturing unit in same state. Since we have registered in Central Excise in different jurisdiction we have using different serial number for issuing sale invoice.After implementation of GST Act, can we continue to do so or we have to keep common invoice under one GST number. – Reply By Ramaswamy S – The Reply = You can continue with the current system.

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Goods and Services Tax – Started By: – Yogesh Panchal – Dated:- 26-4-2017 Last Replied Date:- 28-4-2017 – A registered taxable person, who was not liable to be registered under the earlier law or who was engaged in the manufacture of exempted goods under the earlier law but which are liable to tax under this Act, shall be entitled to take, in his electronic credit ledger, credit of eligible duties and taxes in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions: such inputs and / or goods are used or intended to be used for making taxable supplies under this Act; the said taxable person was eligible for cenvat credit on receipt of suc

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ng inputs material & for the trading material also, revert service tax credit at turnover ratio prescribe in the central excise law. In above scenario please guide following points. Trading warehouse material on which we have not take the credit, we have not charged excise duty at the time of sales, not collect duty from our customer, but if duty paid stock laying in trading warehouse on 30th June-2017. As a closing stock. also after implementation of GST, we have liable to pay GST on above duty paid trading goods, which excise duty paid but do not take credit , in the above case tax paid two time, first at the time of purchase paid excise duty & after 1st July-2017 GST payable, what action we are do? , We have take trading warehous

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Goods and Services Tax – Started By: – Yogesh Panchal – Dated:- 26-4-2017 Last Replied Date:- 21-10-2017 – A registered taxable person shall be entitled to take, in his electronic credit ledger, credit of the amount of cenvat credit carried forward in a return, furnished under the earlier law by him, in respect of the period ending with the day immediately preceding the appointed day in such manner as may be prescribed:But Following credit amount not Appeared in the last return Pri-deposit Amou

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GST to boost domestic manufacturing, won t up inflation: Adhia – Goods and Services Tax – GST – Dated:- 25-4-2017 – New Delhi, Apr 25 (PTI) The government today said GST will not lead to inflation and rather make domestic goods competitive via-a-vis imported items. Revenue Secretary Hasmukh Adhia dismissed fears that GST implementation will lead to a spurt in prices, saying that unlike in other countries, the transition to the new tax regime would be smooth in India. He said several countries witnessed inflation following GST rollout as they had single point taxation system. In the case of India, there are multiple points of taxation and hence the possibility of sudden spurt in inflation is remote. Presently, we are tapping VAT at each stag

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ilar GST rate will be applicable and hence, there will be no advantage for the imported goods. The government levies countervailing duty (CVD) and special additional duty (SAD) on imported goods to protect domestic manufacturers. The incidence of tax on imported goods will be equivalent to the tax paid by the local industry. This will strengthen domestic manufacturing and Make in India, Adhia said. Goods and services tax (GST), which is proposed to be rolled out from July 1, will unify at least 10 different central and state levies and make India a uniform market for seamless transfer of goods and services. Adhia said as many as 71 per cent of the existing taxpayers have already migrated to the GSTN portal and the CBEC has asked field offic

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ith regard to the provision in the Act on refund of IGST paid by international tourists, he said it will not be implemented with effect from July 1 GST rollout date. Asked whether VAT would be refunded at the airport to foreign tourists, Adhia said: We have kept that provision in the Act, but to implement it will take time. Immediately, it won't be available to foreign tourists, but after some time, we will see. We will have to develop a mechanism for it. We are not implementing this provision from July 1. The IGST Act provides that integrated tax paid by tourists leaving India on any supply of goods taken out of the country by him shall be refunded. However, the conditions and safeguards are yet to be prescribed. The IGST Act defines &

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Presentation for GST Conclave/Workshop – Goods and Services Tax – GST – Dated:- 25-4-2017 – Presentation for GST Conclave/Workshop – News – Press release

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Goods and Services Tax – GST – Dated:- 25-4-2017 – Goods and Services Tax (GST) 1. Benefits: GST is a win-win situation for the entire country. It brings benefits to all the stakeholders of industry, government and the consumer. It will lower the cost of goods and services, give a boost to the economy and make the products and services globally competitive. GST aims to make India a common market with common tax rates and procedures and remove the economic barriers thus paving the way for an integrated economy at the national level. By subsuming most of the Central and State taxes into a single tax and by allowing a set-off of prior-stage taxes for the transactions across the entire value chain, it would mitigate the ill effects of cascading, improve competitiveness and improve liquidity of the businesses. GST is a destination based tax. It follows a multi-stage collection mechanism. In this, tax is collected at every stage and the credit of tax paid at the previous stage is available

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xporters with clean track record will be rewarded by getting immediate refund of 90% of their claims arising on account of exports, within seven days. GST is expected to bring buoyancy to the Government Revenue by widening the tax base and improving the taxpayer compliance. GST is likely improve India s ranking in the Ease of Doing Business Index and is estimated to increase the GDP growth by 1.5 to 2%. GST will bring more transparency to indirect tax laws. Since the whole supply chain will be taxed at every stage with credit of taxes paid at the previous stage being available for set off at the next stage of supply, the economics and tax value of supplies will be easily distinguishable. This will help the industry to take credit and the government to verify the correctness of taxes paid and the consumer to know the exact amount of taxes paid. The taxpayers would not be required to maintain records and show compliance with a myriad of indirect tax laws of the Central Government and the

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base. The GST to be levied by the Centre on intra-State supply of goods or services would be called the Central tax (CGST) and that to be levied by the States including Union territories with legislature/Union Territories without legislature would be called the State tax (SGST)/ Union territory tax (UTGST) respectively. (ii) The GST would apply to all goods other than alcoholic liquor for human consumption and five petroleum products, viz. petroleum crude, motor spirit (petrol), high speed diesel, natural gas and aviation turbine fuel. It would apply to all services barring a few to be specified. The GST would replace the following taxes currently levied and collected by the Centre: a. Central Excise Duty b. Duties of Excise (Medicinal and Toilet Preparations) c. Additional Duties of Excise (Goods of Special Importance) d. Additional Duties of Excise (Textiles and Textile Products) e. Additional Duties of Customs (commonly known as CVD) f. Special Additional Duty of Customs (SAD) g. S

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ITC) benefits. Taxpayers making inter-State supplies or paying tax on reverse charge basis shall not be eligible for threshold exemption. (vi) Composition levy: Small taxpayers with an aggregate turnover in a financial year up to Rest. 50 lakhs shall be eligible for composition levy. Under the scheme, a taxpayer shall pay tax as a percentage of his turnover during the year without the benefit of ITC. The rate of tax for CGST and SGST/UTGST each shall not exceed – 2.5% in case of restaurants etc 1% of the turnover in a state/ UT in case of a manufacturer 0.5% of the turnover in state/UT in case of other suppliers. A taxpayer opting for composition levy shall not collect any tax from his customers nor shall he be entitled to claim any input tax credit. The composition scheme is optional. Taxpayers making inter-State supplies shall not be eligible for composition scheme. The government, may, on the recommendation of GST Council, increase the threshold for the scheme to up to rupees one cr

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all use 4-digit code. Taxpayers whose turnover is below ₹ 1.5 crore are not required to mention HSN Code in their invoices. (x) Exports and supplies to SEZ shall be treated as zero-rated supplies. The exporter shall have an option to either pay output tax and claim its refund or export under bond without tax and claim refund of Input Tax Credit. (xi) Import of goods and services would be treated as inter-State supplies and would be subject to IGST in addition to the applicable customs duties. The IGST paid shall be available as ITC for further transactions. 3. GST Council The mechanism of GST Council would ensure harmonization on different aspects of GST between the Centre and the States as well as among States. It has been specifically provided that the GST Council, in its discharge of various functions, shall be guided by the need for a harmonized structure of GST and for the development of a harmonized national market for goods and services. The GST Council shall establish a m

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ayment of tax shall be made electronically through internet banking, or also through credit card and through the modes of Real Time Gross Settlement (RTGS) or National Electronic Funds Transfer (NEFT). Smaller taxpayers shall be allowed to pay tax over the bank counter. All challans for payment of tax shall be generated online on the Goods and Services Tax Network (GSTN). e) The taxpayer shall furnish the details of outward supplies electronically without any physical interface with the tax authorities. Inward supply details would be auto-drafted from the supply details filed by the corresponding suppliers. f) Taxpayers shall file, electronically, monthly returns of outward and inward supplies, ITC availed, tax payable, tax paid and other prescribed particulars. Composition taxpayers shall file, electronically, quarterly returns. Omission/incorrect particulars can be self-rectified before the last date of filing of return for the month of September of the following year or the actual d

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actice of staggering the credit in more than one installment. Unutilized input tax credit can be carried forward. The facility of distribution of input tax credit for services amongst group companies has been provided for through the mechanism of Input Service Distributor (ISD). 6. Refund Time limit for claiming online refund has been increased from one year to two years. Refund shall be granted within 60 days from the date of receipt of complete application. Interest is payable if refund is not sanctioned within the stipulated period of 60 days. If the refund claim is less than ₹ 2 lakhs, there is no need for the claimant to furnish any documentary evidence to prove that he has not passed on the incidence of tax to any other person. Only a self-certification to this effect would suffice. Refund of input tax credit shall be allowed in case of exports or where the credit accumulation is on account of inverted duty structure (i.e. where the tax rate on output is higher than that on

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e of supply, rate of tax, admissibility of input tax credit, liability to pay tax, liability to take registration and whether a particular transaction amounts to a supply under GST law. b) Advance ruling can be sought not only for new activities but also for existing activities. The facility of appeal, which is not there under the Central law, has been provided in the GST Law. c) The applicants or the Department, if aggrieved by the advance ruling, would henceforth get the opportunity to file an appeal before the Appellate Authority for revision of the ruling. Advance Ruling can be obtained more easily as there will be one Advance Ruling Authority (as also the Appellate Authority) in every State. 9. Other provisions of GST The provisions worth mentioning here are: (i) Valuation of goods shall be done on the basis of transaction value i.e. the invoice price, which is the current practice under the Central Excise and Customs Laws. Taxpayers are allowed to issue supplementary or revised i

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Goods and Services Tax – GST – By: – Ravi Kumar Somani – Dated:- 25-4-2017 Last Replied Date:- 25-4-2017 – Medium Small and Minor enterprises contributes approximately 37% of our Nations GDP. Any negative implication of GST on this segment can directly knock off the player from the competitive business market. This article tries to put forth various issues that this industry could face due upon passage GST. The article also try to provide the possible solution for the issues highlighted as explained below. 1) Low Basic Exemption Limit: Under Excise law, the SSI s enjoy the basic exemption limit up to ₹ 1.5 crore which itself has been continuing since long time even though inflation has led to increase in prices of various goods/ services over a period of time. Further, under GST, the basic exemption limit has been proposed to be reduced to a very low threshold limit of ₹ 20 lakhs. Further, in some cases of e-commerce, reverse charge, output inter-state supply activities th

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cation of this could lead to erosion of this sector and also bring monopolistic market of large players instead of competitive market. Therefore, it is suggested that Government must come up with some notification providing the relief in this regard which is in the best interest of this sector and supports its growth objective. 2) High Compliance burden: It is seen that GST law demands high compliance. Key compliance requirements are as under: Three returns be filed in each month for every state. Further, returns must be filed for TDS, ISD (if applicable). Also, one annual return with reconciliation statement has to be filed for every state; Registration must be taken in every state and there is no concept of centralised registration; Accounting needs to be timely updated and the same needs to be maintained state-wise to reconcile the taxation with accounts at state level; GST computations, liability calculation, credit availment etc. has to be done on monthly basis. In a small and med

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try and its contribution to the economy. 3) Taxation under reverse charge for un-registered purchases: In the GST bill, it is proposed that if any goods or services are supplied by a person who is unregistered and supplied to a registered person, then GST needs to be paid by the registered person under reverse charge as a recipient. Therefore, even if any small businesses who does not take registration and claim the basic exemption threshold then the person receiving goods or services from them need to pay GST under reverse charge. This provision shall have negative impact as businesses would not prefer to deal with unregistered persons and to take the additional burden of taxation under reverse charge. Therefore, this provision directly impacts the business of small sector negatively and virtually forces them to either register or to shut the business which was ideally not the principles guiding the existence of the GST taxation. 4) Taxation on stock Transfers and deemed supplies: Pre

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or return basis. However, in GST regime, the maximum time limit for the return of goods sent on sale or return basis is 6 months and if the same is not approved within the said time limit then the invoice needs to be issued and the goods shall be deemed to have been supplied since time of supply for payment of tax would arise. In various small scale industries like ready-made garment industry, the norm is to send goods to Consignment Sales Agents (CSA) and customers on a sale or return basis. The norm in such industries is that the CSAs / customers return the goods after the season is over. However, casting time-limit on return of goods would have negative impact on such sectors. Therefore, it is suggested to remove this provision and continue with the present practice of paying GST only once actual supply takes place. 6) Tax on Advances Advances received against supply of goods and/or services are taxable in GST regime. Collection of GST on advances would be cumbersome and requires hi

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T can be made only on receipt basis as prevalent in service tax for small individuals and partnership firms. This shall ease the compliance and cash flow burden. 7) Availability of Composition Levy Non-availability of composition scheme to those who are supplying services or making any supply of goods which are not leviable to tax under the Act or if any inter-state supply is made seems to be harsh on such person. Small services suppliers only shall be required to comply with the normal provisions of the law which could prove to be cumbersome for such suppliers. Further, small suppliers making few of the supplies not chargeable to tax while majority of supplies are taxable may find this provision an unnecessary burden on them. It is suggested that eligibility for composition scheme be based on the turnover during a particular financial year and be made available uniformly to all suppliers whether supplying goods or services or both. Alternatively, Sector specific composition schemes ma

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edit of appropriate Government in order to enable the purchaser to avail the input tax credit on such supply made may cause undue hardship to the assesses. It is suggested that the pre-conditions relating to payment of tax to the credit of Government and mandatory filing of return be deleted / removed and the same must be reconsidered and liberalized to enable the small sector to avail input tax credit of tax paid by them. Alternatively, if the Government believes that certain taxable persons in the unorganized sector may not deposit the collected tax to Government the concept of reverse charge be made applicable to them instead of denying/ delaying the credit based on the non-compliance by other party to the contract. 9) Power to Arrest & Prosecution: A Commissioner of CGST or SGST can authorize an arrest of a person if has reason to believe that the person has committed any offence punishable under the GST law. The person can be arrested even if such a person has not been issued

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Goods and Services Tax – Started By: – Govind Gupta – Dated:- 24-4-2017 Last Replied Date:- 25-4-2017 – Dear SirsAs we are trader and currently not eligible for input tax credit of CVD paid on our imports and ED paid on local purchases, what is the process of computation of credit to be claimed under GST, also as we know, there are two options for your total inventory1. if you have duty paying document for the closing stock of inventory,a. you are eligible for full credit ( what will the value of credit, is it what we have actually paid or some other computed value)b. does this stock need to be less than 1 year oldc. do we need to transfer the credit to customersd. is there any time limit to clear such stock2. if we don t have duty paying

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Goods and Services Tax – GST – Dated:- 24-4-2017 – Patna, Apr 24 (PTI) The Bihar Legislative Assembly on Monday unanimously adopted the Goods and Services Tax (GST) bill along with the Bihar taxation (Amendment) Bill. With ruling JD(U), RJD, Congress and even opposition BJP and its NDA partners in support of GST, the House adopted the related Bills to pave way for roll out of GST through voice vote. Chief Minister Nitish Kumar was present in the House when Commercial Tax minister Bijendra Prasad Yadav moved the Bihar Goods and Service Bill, 2017 and the Bihar Taxation (Amendment) bill, 2017. The two bills would be taken up in the state Legislative Council in post-lunch session. The Bihar edition of GST related bills are taken up subsequent

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to it when he was heading a NDA ministry in Bihar with the saffron party. A statesman looks for good of next generation while a politician merely looks for next election while taking decision on such issues, Yadav said in praise of Kumar. Taking a swipe at BJP and more particularly Prime Minister Narendra Modi, Yadav said as a Chief Minister of Gujarat Narendra Modi was opposed to GST but after his elevation to post of PM he came in support of it. Leader of Opposition Prem Kumar lauded the prime minister for the historic GST legislation which he said would help in checking corruption and pave way for more investment. Congress Legislature Party leader Sadanand Singh said that his party has been in support of GST from the beginning. Due to ob

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India s growth to accelerate further due to GST: Jaitley – Goods and Services Tax – GST – Dated:- 24-4-2017 – Washington, Apr 23 (PTI) India continues to be the fastest growing major economy in the world and its growth will accelerate further due to factors like implementation of GST, Finance Minister Arun Jaitley said. The minister also said the scrapping of old ₹ 500 and ₹ 1,000 notes will increase tax compliance and reduce threat of counterfeit currency. India continues to be the fastest growing major economy in the world…The currency reform initiative will move the Indian economy to a less cash trajectory, increase tax compliance and reduce the threats from counterfeit currency which acts as a source of terror funding, he

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Goods and Services Tax – GST – Dated:- 24-4-2017 – At the third meeting of the Governing Council, NITI Aayog, the CEO, NITI, Shri Amitabh Kant, apprised the gathering of the work done by Niti Aayog for transforming the economy and cooperation with States in the sectors of education, health, infrastructure etc. He spoke of the work done by the sub-groups of Chief Ministers on rationalisation of Centrally Sponsored Schemes, Swachh Bharat Mission and Skill Development. He outlined initiatives taken in areas such as agriculture, poverty elimination, health, education, digital payments, disinvestment, coastal zone and island development etc. He said that NITI will work with States to improve basic services and infrastructure, in districts and r

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been prepared with inputs from the states. He noted that there were over 300 specific action points that had been identified, covering the whole gamut of sectors. The period of the Action Agenda coincided with the period of the 14th Finance Commission s award. This gave stability to the funding estimates of both Centre and States. He solicited the inputs and support of the states in taking the vision forward. Revenue Secretary Shri Hasmukh Adhia made a presentation on GST, explaining the benefits of the system and the way forward. He urged the Chief Ministers to expedite the enactment of State GST Acts. Madhya Pradesh Chief Minister, Shri Shivraj Singh Chouhan, made a presentation on doubling of farmers income. He touched on areas such as

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Goods and Services Tax – Started By: – arun aggarwal – Dated:- 23-4-2017 Last Replied Date:- 25-4-2017 – SirI am a registered dealer and buying goods after paying vat of 13.5% locally and selling them on CST at the rate of 2%, and without claiming any refund adjusting the same in the other trading.Want to know that what will be the status of any input credit left with me when GST takes over and I will have no stocks but input creditArun – Reply By KASTURI SETHI – The Reply = Still so many rules are at draft stage. Picture will be clear only after finalisation of all GST Rules. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = Only Telengana State has passed the SGST Bill. Other States have not yet come to the picture. As rightly said by Shri

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sees. – Reply By Govind Gupta – The Reply = Hi Arun, you are saying that what happens to the credit for goods which are not with you, i am not sure if i have understood your question correctly. – Reply By KASTURI SETHI – The Reply = Dear Querist, Sh.Govind Gupta has rightly raised query. How the balance of cenvat credit would be in your Cenvat Account without physical stock on the appointed day ? Pl. clarify your query. – Reply By arun aggarwal – The Reply = Sir I am referring to the case of vat and cst , where I buy goods locally after paying vat of 13.5% and selling them to the other state on 2% cst . So I have vat input left with me local vat – cst so no physical stock but balance input.It is not CenvatArun – Reply By MUKUND THAKKAR – Th

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Goods and Services Tax – GST – By: – Bimal jain – Dated:- 22-4-2017 Last Replied Date:- 30-12-1899 – Dear Professional Colleague, Key highlights of Draft GST Rules on Accounts & Records, Appeals & Revision and Advance Ruling In order to engage with the stakeholders and invite comments from the public at large, recently, the Central Government has issued 3 more Draft Goods and Services Tax ( GST ) Rules viz. Draft GST Rules on Accounts & Records, Appeals & Revision and Advance Ruling, on April 19, 2017, making a total of 14 Draft Rules as on date. We are summarising herewith key pointers of the 3 new Draft Rules, for your easy digests: Key highlights of the Draft GST Rules on Accounts & Records: The Draft GST Rules on Accounts & Records provides clarity on various aspects including maintenance of accounts by registered persons, generation & maintenance of electronic records and records to be maintained by owner or operator of godown or warehouse and transpor

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e stored including goods stored during transit. If any taxable goods are found to be stored at any place(s) other than those declared above, without the cover of any valid documents, the proper officer shall determine the amount of tax payable on such goods as if such goods have been supplied by the registered person. Every registered person manufacturing goods shall maintain monthly production accounts, showing the quantitative details of raw materials or services used in the manufacture and quantitative details of the goods so manufactured including the waste and by products thereof. Every registered person supplying services shall maintain the accounts showing the quantitative details of goods used in the provision of each service, details of input services utilised and the services supplied. Books of account including any electronic form of data stored on any electronic device, shall be kept at the principal place of business and at every related place(s) of business mentioned in t

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ion: The Draft GST Rules on Appeals & Revision provides clarity on various aspects including filing of appeal or application to the Appellant Authority/Appellant Tribunal, production of additional evidence before the Appellate Authorityor the Appellate Tribunal, Appeal to the High Court, disqualification for misconduct etc., in the following manner: An appeal to the Appellate Authority shall be filed in FORMGSTAPL-01 [either electronically or otherwise] and an appeal to the Appellate Tribunal shall be filed in FORM GST APL-05 [electronically] and a provisional acknowledgement shall be issued to the appellant immediately. A hard copy of the appeal shall be submitted in triplicate in case of appeal to the Appellate Authority and in quintuplicate in case of appeal to the Appellate Tribunal,along with a certified copy of the decision or order appealed against along with the supporting documents within 7 days of filing of the appeal. Thereafter, a final acknowledgement, indicating appea

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l for rectification of errors. Additional evidence cannot be produced before the Appellate Authority or the Appellate Tribunal, whether oral or documentary, other than the evidence produced during the course of the proceedings before the adjudicating authority or, as the case may be, the Appellate Authority except in specified circumstances viz., lower authority refusing to admit evidence, prevention by sufficient cause, order passed without giving sufficient opportunity to adduce evidence. The Draft GST Rules on Appeals and Revision can be accessed at following link: Draft GST Rules on Appeals & Revision Key highlights of the Draft GST Rules on Advance Ruling: The Draft GST Rules on Advance Ruling covers various aspects including qualification and appointment of members of the Authority for Advance Ruling, form and manner of application to the Authority for Advance Ruling, certification of copies of the advance rulings pronounced by the Authority, form and manner of appeal to the

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ntained in GST are also onerous requiring the assessees to maintain detailed list of records/information in GST which is not going positive towards ease of doing business and shall entail increase in compliance costs. It may be noted that the CBEC has invited comments on the Draft GST Rules by April 27, 2017. The Government aims to implement the much awaited indirect tax reform i.e. GST from July 1, 2017, and to that effect the final nod to the new sets of Draft Rules as well as fixation of GST rates for goods and services will be done in the next meeting of the GST Council scheduled on 18-19 May, 2017. It is indeed the best time for the Trade and Industry to gear up and present their likely issues so that necessary changes are incorporated by the Government. Readers are requested to write back to us for any inputs/ suggestions on Draft Rules for our compilation and submission to Government. Hope the information will assist you in your Professional endeavours. In case of any query/ inf

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 22-4-2017 – Section 9 of the Act deals with levy and collection of tax. Section 9(5) provides that the Government may, on the recommendations of the Council, by notification, specify categories of services the tax on intra-State supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services. Where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax. Where an electronic commerce operator does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce o

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d by the aggregate value of taxable supplies returned to the suppliers during the said month. Concerned supplier The explanation to Section 52(14) defines the expression concerned supplier as the supplier of goods or services or both making supplies through the electronic commerce operator. Collection of tax Section 52(1) provides that every electronic commerce operator, not being an agent, shall collect an amount calculated at such rate not exceeding 1% as may be notified by the Government on the recommendations of the Council, the net value of taxable supplies made through it by other suppliers where the consideration with respect to such supplies is to be collected by the operator. The power to collect the tax by this mode shall be without prejudice to any other mode of recovery from the operator. Payment Section 52(3) provides that the amount collected shall be paid to the Government by the operator within 10 days after the end of the month in which such collection is made. The amo

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h it, including the supplies of goods or services or both returned through it, and the amount collected during the said financial year, in such form and manner as may be prescribed, before the 31st day of December following the end of such financial year. Rectification of statement Section 52(6) provides that if any electronic commerce operator, after furnishing a statement discovers any omission or incorrect particulars therein, other than a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in the statement to be furnished for the month during which such omission or incorrect particulars are noticed, subject to payment of interest. No such rectification of any omission or incorrect particulars shall be allowed after the due date for furnishing of statement for the month of September following the end of the financial year or the actual date of furnishing the relevant annual statement, whichever

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which is not rectified by the supplier in the valid return or the electronic commerce operator in his statement for the month in which discrepancy is communicated, shall be added to the output tax liability of the said supplier, where the value of the outward supplies furnished by the operator is more than the value of outward supplies furnished by the supplier, in his return for the month succeeding the month in which the discrepancy is communicated in such manner as may be prescribed. Section 52(11) provides that the concerned supplier, in whose output tax liability any amount has been added, shall pay the tax payable in respect of such supply along with interest at the rate specified on the amount so added from the date such tax was due till the date of its payment. Rule 19 of Returns provides that 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

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lier electronically in Form GST MIS – 5 and to the e-commerce portal electronically in Form GST MIS – 6 through the common portal on or before the last date of the month in which the matching has been carried out. A supplier to whom any discrepancy is made available may make suitable rectifications in the Statement of outward supplies to be furnished for the month in which the discrepancy is made available. An operator to whom any discrepancy is made may make suitable rectifications in the statement to be furnished for the month in which the discrepancy is made available. Where the discrepancy is not rectified, an amount to the extent of discrepancy shall be added to the input tax liability of the supplier in his return in Form GSTR – 3 for the month succeeding the month in which the details of discrepancy are made available and such addition to the output tax liability and interest payable thereon shall be made available to the supplier electronically on the common portal in Form GST

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t may be taken under Section 122, be liable to a penalty which may extend to ₹ 25,000/- Registration Section 24 (ix) of the Act provides that the persons who supply goods or services or both, other than supplies specified under Section 9(5), through such electronic commerce operator who is required to collect tax at source under Section 52 is compulsorily required to be registered under this Act. Likewise every electronic commerce operator under Section 24 (x) is compulsorily required to be registered under this Act. Any person required to collect tax at source shall electronically submit an application, duly signed, in Form GST REG – 07 for grant of registration through the common portal. The proper officer may grant registration after due verification and issue a certificate of registration in Form GST REG – 06 within 3 working days from the date of submission of the application. Where upon an enquiry or pursuant to any other proceeding under the Act, the proper officer is sati

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 22-4-2017 – This part of the series contains meanings of certain terms covered in Section 2 of the CGST Act, 2017. These are actionable claim, address of delivery, address on record, adjudicating authority and agent. Definitions (Section 2) Section (2) of the CGST Act provides for 119 definitions of various terms and expressions used in the Act. It has been provided that words or expressions which are not defined in CGST Act but defined in other Acts, viz, IGST Act, UTGST Act and Goods and Services Tax (Compensation to States) Act shall have same meanings as defined in those Acts. It may be noted that Section (2) does not have reference to SGST Act. In case of the State of Jammu & Kashmir, it provides that any reference to a law in CGST Act which is not in force in the State of Jammu & Kashmir shall have reference to any corresponding law which is in force in the State of Jammu & Kashmir. Actionable Claim [S

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e. Civil courts should recognize such claim as worthy of affording grounds for relief. Such claims or interest could be existing, accruing, conditional or contingent. Actionable claims can be assigned Actionable claims can be enforced in a court of law. Examples of claims which are 'actionable claims': Claim for arrear rent. Claim for rent to fall due in future. An option offered to repurchase the property once sold. Benefit of a contract giving option to purchase the land. Contract for purchase of goods is endorsed by the purchaser, by writing on the back of the contract under his signature, that he has sold all his rights and interest in the goods purchased under the said contract to a certain person who is named and properly identified in such endorsement. Unsecured debts Wining from lotteries Right to claim and recover Insurance money Claim for unpaid dower (in case of muslim women) According to definition of 'goods' in section 2(32), actionable claims are considere

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the time being in force. Address of delivery is one of the important factors which help in determination of nature of transaction like inter-state or intra-state supply. Address on record [Section 2(3)] It is the address of recipient as is available in the records of supplier Location of recipient of supply of goods and / or services is one of the factors to be considered for the purpose of determination of nature of transaction like inter-state or intra state. This factor is equally relevant irrespective of whether the recipient is registered taxable person or unregistered taxable person. Address on record would imply address as recorded in the records of supplier of goods or services. Such address may therefore, be different from the registered address or address of head office, factory etc. Even the address on record may be different from that in the records of the Department. It may be noted that address of delivery represent the place where goods and/ or services are to be delive

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Demand confirmed by the Court – Article 8 – Final Rules (Draft) – Appeals and Revision – GST – Appeals and Revision – Draft Rules – 19-4-2017 – Article 8 – 8. Demand confirmed by the Court The jurisdi

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Article 7 – Final Rules (Draft) – Appeals and Revision – GST – Appeals and Revision – Draft Rules – 19-4-2017 – Article 7 – 7. Appeal to the High Court (1) An appeal to the High Court under sub-secti

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Article 6 – Final Rules (Draft) – Appeals and Revision – GST – Appeals and Revision – Draft Rules – 19-4-2017 – Article 6 – 6. Order of Appellate Authority or Appellate Tribunal (1) The Appellate Authority shall, along with its order under sub-section (11) of section 107 of the Act, issue a summary of the order in FORM GST APL-04 clearly indicating the final amount of demand confirmed. (2) The jurisdictional officer shall issue a statement in FORM GST APL-04 clearly indicating the final amount

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Article 5 – Final Rules (Draft) – Appeals and Revision – GST – Appeals and Revision – Draft Rules – 19-4-2017 – Article 5 – 5. Production of additional evidence before the Appellate Authority or the Appellate Tribunal (1) The appellant shall not be allowed to produce before the Appellate Authority or the Appellate Tribunal any evidence, whether oral or documentary, other than the evidence produced by him during the course of the proceedings before the adjudicating authority or, as the case may be, the Appellate Authority except in the following circumstances, namely – (a) where the adjudicating authority or, as the case may be, the Appellate Authority has refused to admit evidence which ought to have been admitted; or (b) where the appella

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ting the reasons for its admission. (3) The Appellate Authority or the Appellate Tribunal shall not take any evidence produced under sub-rule (1) unless the adjudicating authority or an officer authorised in this behalf by the said authority has been allowed a reasonable opportunity – (a) to examine the evidence or document or to cross-examine any witness produced by the appellant; or (b) to produce any evidence or any witness in rebuttal of the evidence produced by the appellant under sub-rule (1). (4) Nothing contained in this rule shall affect the power of the Appellate Authority or the Appellate Tribunal to direct the production of any document, or the examination of any witness, to enable it to dispose of the appeal. – Statutory Provis

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Article 4 – Final Rules (Draft) – Appeals and Revision – GST – Appeals and Revision – Draft Rules – 19-4-2017 – Article 4 – 4. Application to the Appellate Tribunal (1) An application to the Appellate Tribunal under sub-section (3) of section 112 of the Act shall be madeelectronically or otherwise, in FORM GST APL-07, along with supporting documents on the common portal. (2) A certified copy of the decision or order appealed against shall be submitted within seven days of filing the application

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Article 3 – Final Rules (Draft) – Appeals and Revision – GST – Appeals and Revision – Draft Rules – 19-4-2017 – Article 3 – 3. Appeal to the Appellate Tribunal (1) An appeal to the Appellate Tribunal under sub-section (1) of section 112 of the Act shall be filed along with the supporting documents either electronically or otherwise as may be notified by the Registrar, in FORM GST APL-05, on the common portal and a provisional acknowledgement shall be issued to the appellant immediately. (2) A memorandum of cross-objections to the Appellate Tribunal under sub-section (5) of section 112 of the Act shall be filed either electronically or otherwise as may be notified by the Registrar, in FORM GST APL-06. (3) The appeal and the memorandum of cr

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Article 2 – Final Rules (Draft) – Appeals and Revision – GST – Appeals and Revision – Draft Rules – 19-4-2017 – Article 2 – 2. Application to the Appellate Authority (1) An application to the Appellate Authority under sub-section (2) of section 107 of the Act shall be made in FORM GST APL-03, along with supporting documents, either electronically or otherwise as may be notified by the Commissioner. (2) A certified copy of the decision or order appealed against shall be submitted within seven da

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Article 1 – Final Rules (Draft) – Appeals and Revision – GST – Appeals and Revision – Draft Rules – 19-4-2017 – Article 1 – Chapter – Appeals and Revision 1. Appeal to the Appellate Authority (1) An appeal to the Appellate Authority under sub-section (1) of section 107 of the Act shall be filed in FORM GST APL-01, along with the supporting documents, either electronically or otherwise as may be notified by the Commissioner, and a provisional acknowledgement shall be issued to the appellant immediately. (2) The grounds of appeal and the form of verification as contained in FORM GST APL-01 shall be signed in the manner specified in rule Registration.19. (3) A certified copy of the decision or order appealed against shall be submitted within

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Article 5 – Final Rules (Draft) – Advance Ruling – GST – Advance Ruling – Draft Rules – 19-4-2017 – Article 5 – 5. Certification of copies of the advance rulings pronounced by the Authority A copy of the advance ruling pronounced by the Appellate Authority for Advance Ruling and duly signed by the Members shall be sent to- (a) the applicant and the appellant; (b) the concerned officer of central tax and State / Union territory tax; (c) the jurisdictional officer of central tax and State / Union

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Article 4 – Final Rules (Draft) – Advance Ruling – GST – Advance Ruling – Draft Rules – 19-4-2017 – Article 4 – 4. Form and manner of appeal to the Appellate Authority for Advance Ruling (1) An appeal against the advance ruling issued under sub-section (6) of section 98 of the Act shall be made by an applicant on the common portal in FORM GST ARA-2 and shall be accompanied by a fee of ten thousand rupees, to be deposited in the manner specified in section 49 of the Act: (2) An appeal against th

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