Goods and Services Tax

Goods and Services Tax – Started By: – Aitha RajyaLakshmi – Dated:- 15-6-2017 Last Replied Date:- 22-3-2018 – Sir,We have RMC (Ready mix concrete) Plants within the State and they were included as additional place of business under GST migration.We send cement from our plant to RMC. Since it is Stock transfer within the State no GST is chargeable. Cement is used for self consumption. While RMC plant manufactures Ready mix concrete and made further sale how it is to be taxed? – Reply By Himansu

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Goods and Services Tax – Started By: – Rohit Bathwal – Dated:- 15-6-2017 Last Replied Date:- 17-6-2017 – Dear Sir / Madams,I have a query regarding GST on already imported goods as under:We are importer and traders i.e we import material from abroad and trade it in India. We are having some stock balance available with us on which we have Paid BCD and CVD at the time of imports. We have got registered under commercial tax and GST but do not have excise registration number. Just wanted to unders

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Goods and Services Tax – Started By: – Gopal B – Dated:- 15-6-2017 Last Replied Date:- 15-6-2017 – Dear Sir,What is HSN Code under GST ? Is Excise Tariff & HSN code is same or different for pharmaceutical products.Pls reply at the earliest.Thanks – Reply By MARIAPPAN GOVINDARAJAN – The Reply = It will be different. – Reply By Rajagopalan Ranganathan – The Reply = Sir,Pharmaceuticals will be classifiable under headings 3001 to 3006. This is for finalising fitment of rates. Detailed schedule

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Goods and Services Tax – GST – Dated:- 15-6-2017 – New Delhi, Jun 14 (PTI) Online retailers like Paytm are offering special discounts to consumers to ensure that their sellers' stock is cleared before the GST tax regime sets in from next month. Paytm has a 'Pre-GST Sale' going on, hosting over 6,000 retailers across more than 500 brands. Consumers can get discounts and cashback on a range of product categories like TV, laptops, mobile phones, ACs, refrigerators, DSLRs and footwear, among other items. This sale has come at an opportune time for offline retailers who are looking to offload their entire inventory before the new tax rates become effective, Paytm said in an emailed response. Even online drug marketplace, 1mg has joi

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Goods and Services Tax – Started By: – Aitha RajyaLakshmi – Dated:- 15-6-2017 Last Replied Date:- 19-6-2017 – Sir,Can we utilize the credit carry forwarded under GST in the first month itself or is there any time period to defer?Is there any time limit to utilize the credit carry forwarded? – Reply By MARIAPPAN GOVINDARAJAN – The Reply = First you have to transfer the credit to the new regime and after that if it is eligible to utilize under GST laws you can utilized as per the provisions of GS

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 15-6-2017 Last Replied Date:- 1-7-2017 – The GST is expected to come into force with effect from 01.07.2017. The transition provisions will help the registered person to carry over the CENVAT credit benefit to the new GST regime subject to some conditions. In the meantime the Government released the draft rule for the issue of Credit Transfer Document. It is proposed to insert provisions in CENVAT Credit Rules, 2004 for transfer of CENVAT credit paid on specified goods available with a trader on appointed date, i.e., the date from which the GST will be implemented. Credit Transfer Document This rule provides that a manufacturer who was registered under Central Excise Act, 1944 may issue the Credit Transfer Document ( CTD for short). This document is to be issued to evidence payment of duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985 paid on goods manufactured and cleared by him befo

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f such goods in higher than ₹ 25000/- per piece, bears the brand name of the manufacturer or the principal manufacturer and are identifiable as a distinct number such as chassis/engine no. of a car. • Verifiable records of clearance and duty payment relatable to each piece of such goods is maintained by the manufacturer and are made available for verification on demand by a Central Excise Officer; • The manufacturer is to satisfy that the dealer is in possession of such manufactured goods in the form in which it was cleared by him; • Copies of all invoices relating to buying and selling from manufacturer to the dealer, through intermediate dealers, is maintained by the dealer availing credit using CTDs. • It shall not be issued in favor of a dealer for the same goods before the appointed date. • A dealer availing credit using this document shall not be eligible to avail credit under Rule 1(4) of Transition Rules under CGST Act on identical goods manufactu

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s issued; • Number of invoices against which CTDs have been issued; • Total quantity for which CTD issues; • Total value of Goods for which CTDs have been issued; • Central Excise Duty paid on such goods. In Table 2 the following details to be furnished by the dealer- • Sl. No.; • GSTIN of the dealer whom CTD is issued; • Total number of CTDs received; • Number of invoices against which CTDs have been issued; • Total quantity for which CTD issues; • Total value of Goods for which CTDs have been issued; • Central Excise Duty paid on such goods. Maintaining of records The manufacturer as well as the dealer is required to maintain record for this purpose. The manufacturer shall maintain record in the form TRANS – 3A and the dealer shall maintain record in the form TRANS -3B. Such record shall be made available to the Central Excise Officer for verification on demand. The manufacturer shall in Form TRANS – 3A maintain the documents as

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Trade Notice No. 01/2017 Dated:- 15-6-2017 Trade Notice – Circulars – GST – GOVT. OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE OFFICE OF THE CHIEF COMMISSIONER, CENTRAL EXCISE, CUSTOMS SERVICES TAX CRESCENS BUILDING, M.G ROAD, SHILLONG-793001 C. No. II(39)10/ET/CCO/SH/2017/2440-2512 Dated, Shillong the 15 th June, 2017 Trade Notice No. 01/2017 Subject: Jurisdiction of the Chief Commissioner, Central Excise Service Tax Guwahati consequent upon GST Notifications -reg. Attention of all Central Excise assessees/manufacturers, Service Tax assessees, Importer, Trade and Industry and all concerned are invi

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Commissioner Guwahati Districts of Kamrup (Metro), Kamrup (Rural), Baksa, Kokrajhar, Bongaigaon, Chirang, Barapet, Dhubri, South Salmara-Mankachar, Nalbari, Goalpara, Morigaon, Nagaon, Hojai, East Karbi Anglong, West Karbi Anglong, Dima Hasao, Cachar, Hailakandi and Karimganj in the State of Assam. 2. Commissioner Dibrugarh Districts of Tinsukia, Dibrugarh, Charaideo, Sivasagar, Jorhat, Golaghat, Majuli, Darrang, Udalguri, Sonitpur, Biswanath, Lakhimpur and Dhemaji in the State of Assam 3. Commissioner Shillong State of Meghalaya

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e Tax Commissionerates of (i) Shillong (ii) Guwahati (iii) Dibrugarh (iv) Itanagar (v) Dimapur (vi) Imphal (vii) Aizawl viii Agartala. 10. Commissioner (Audit), Shillong Combined jurisdiction of Central Excise Service Tax Commissionerates of (i) Shillong (ii) Guwahati (iii) Dibrugarh (iv) Itanagar (v) Dimapur (vi) Imphal (vii) Aizawl viii A artala The detailed jurisdiction of Divisions and Ranges of Central Excise Service Tax Commissionerates of Guwahati/ Dibrugarh/ Shillong/ itanagar/ Dimapur/ Imphal/ Aizawl/ Agartala/ Appeals Commissionerate, of Guwahati / Audit Commissionerate, of Shillong are given at Annexure-I, II, III, IV. V

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Customs – PUBLIC NOTICE No. 128/2017 – Dated:- 15-6-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS, CHENNAI VIII (GENERAL) CUSTOM HOUSE, NO.60 RAJAJI SALAI, CHENNAI – 600 001 F. No. S. Misc. 31/2016-Sys.Unit Dated: 15/06/2017. PUBLIC NOTICE No. 128/2017 Sub: Changes in Bills of Entry (BSE) / Shipping Bill (SB) declarations in alignment with proposed GST implementation. Kind attention of Importers/ Exporters/ Customs Brokers and trade is invited to reference of implementation of GST in India w.e.f 01.07.2017. In this regard, several changes are anticipated in Bills of Entry (BSE) / Shipping Bill (SB) declarations in alignment with proposed GST implementation. 2. Currently in ICES, State Codes are maintained as per RBI list, and is being used

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Goods and Services Tax – F. No. 296/07/2017-CX.9 – Dated:- 15-6-2017 – Government of India Ministry of Finance (Department of Revenue) Central Board of Excise & Customs, New Delhi Dated 15/06/2017 The new indirect tax regime in the country is to come into effect from 1-7-2017, wherein fixation of GST rates on the supplies is joint responsibility of the Central and State Governments after the approval from the GST Council. 2. In a majority of supplies of goods, the tax incidence approved by the GST Council is much lower than the present combined indirect tax rates levied [on account of central excise duty rates / embedded central excise duty rates / service tax post-clearance embedding, VAT rates or weighted average VAT rates, casc

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2 17 Sugar 23 1702 Palmyra jaggery 24 1704 Sugar confectionery 25 1902 Pasta, spaghetti, macaroni, noodles 26 20 Fruit and vegetable items and other food products 27 2001, 2004 Pickle, Murabba, Chutney 28 21 Sweetmeats 29 2103 Ketchup & Sauces 30 2103 30 00 Mustard Sauce 31 2103 90 90 Toppings, spreads and sauces 32 2106 Instant Food Mixes 33 2106 Other pulses bari (mungodi) 34 22 Mineral water 35 2201 90 10 Ice and snow 36 25 Cement 37 27 Coal 38 27 Kerosene PDS 39 27 LPG Domestic 40 30 Insulin 41 33 Agarbatti 42 33 Tooth powder 43 33 Hair oil 44 33 Toothpaste 45 3304 20 00 Kajal [other than kajal pencil sticks] 46 34 Soap 47 37 X ray films for medical use 48 3822 Diagnostic kits and reagents 49 3926 90 99 Plastic Tarpaulin 50 4202 Sch

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3 LPG Stove 68 76 Aluminium foils 69 8215 Spoons, forks, ladles, skimmers, cake servers, fish knives, tongs 70 84 Fixed Speed Diesel Engines of power not exceeding 15HP 71 4011 Tractor rear tyres and tractor rear tyre tubes 72 8423 & 9016 Weighing Machinery [other than electric and electronic] 73 8443 Printers [other than multifunction printers] 74 8521 Recorder 75 8525 CCTV 76 8452 Sewing Machine 77 8472 Staplers 78 8703 Car for Physically handicapped person 79 8715 Baby carriages 80 900140, 900150 Spectacles Lenses 81 9002 Intraocular lens 82 9004 Spectacles, corrective 83 91 Braille Watches 84 94 Medical furniture 85 94 LED 86 94 Kerosene pressure lantern 87 9403 Bamboo furniture 88 9506 Sports goods other than articles and equipment

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Goods and Services Tax – F. No. 296/07/2017-CX.9 – Dated:- 15-6-2017 – Government of India Ministry of Finance (Department of Revenue) Central Board of Excise & Customs, New Delhi Dated 15/06/2017 The C.B.E. & C. and States have received several complaints that in view of the works contract service tax rate under GST at 12% in respect of under construction flats, complex etc., the people who have booked flats and made part payment are being asked to make entire payment before 1st July, 2017 or to face higher tax incidence for payment made after 1st July, 2017. This is against the GST law. The issue is clarified as below :- 1. Construction of flats, complex, buildings will have a lower incidence of GST as compared to a plethora of C

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rrently borne by the builders, which they pass on to the customers as part of the price charged from them. This is not visible to the customer as it forms a part of the cost of the flat. 4. The current headline rate of service tax on construction of flats, residences, offices etc. is 4.5%. Over and above this, VAT @ 1% under composition scheme is also charged. The buyer only looks at the headline rate of 5.5%. In other cities/states, where VAT is levied under the composition scheme @ 2% or above, the headline rate visible to the customer is above 6.5%. What the customer does not see is the embedded taxes on account of cascading and sticking of input taxes in the cost of the flat, etc. 5. This will change under GST. Under GST, full input cre

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DGFT – Trade Notice : 01/2017-2018 – Cochin – Dated:- 15-6-2017 – Government of India Ministry of Commerce & Industry OFFICE OF THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE A – Block, 5th Floor, Kendriya Bhavan, Kakkanad, Cochin – 682 037 Dated 15.06.2017 e-mail:cochin-dgft@nic Telefax:0484-2427069 phone:2427397 Trade Notice : 01/2017-2018 Subject: Constitution of GST Facilitation cell – reg. To ensure smooth and successful rollout of GST, it is decided to constitute a GST Facilitation Cell

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Carry Forward of unavailed Cenvat Credit in respect of assignment of right to use any natural resource under GST; Cenvat Credit Rules amended so as to provide that Cenvat credit in respect of such services which remains unavailed on the day immediately preceding the ‘appointed day’ may be availed of in full on that very day – Goods and Services Tax – GST – Dated:- 14-6-2017 – Cenvat Credit Rules, 2004 provide that credit of Service Tax paid in a Financial Year, on the onetime charges payable in full upfront or in installments, for the service of assignment of the right to use any natural resource by the Government, local authority or any other person, shall be spread evenly over a period of three years. Cenvat Credit Rules have been amended

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Goods and Services Tax – Started By: – Vinay Badam – Dated:- 14-6-2017 Last Replied Date:- 17-6-2017 – Dear Sirs,I am having a Business which is a Propieratory firm Usually I buy a car in my personal name show them in books of business accounts claim depreciationNow I am planning to buy a new car, After GST comes into force Can i take the GST paid on the car back as input or notI have heard that we can claim GST paid on Electricity bills, Telephone bills and other Business expensesPlease clarif

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Goods and Services Tax – Started By: – Aitha RajyaLakshmi – Dated:- 14-6-2017 Last Replied Date:- 16-6-2017 – Sir,Can any one explain me the procedure for supply to Special economic Zone and Supply to Government party or it is yet to be notified? – Reply By MARIAPPAN GOVINDARAJAN – The Reply = Supply to Special Economic Zone will be treated as inter-State trade or commerce and attracts IGST. – Reply By Aitha RajyaLakshmi – The Reply = Thank U Sir, As per Section 16(1) of IGST Act Supplies to SE

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Goods and Services Tax – GST – By: – CA Akash Phophalia – Dated:- 14-6-2017 – The provision contained in section 140(1) of CGST Act 2017 states about the admissibility of input tax credit to the registered person migrating to the GST regime. The section 140(1) is as under :- Section 140 (1) A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, the amount of CENVAT credit carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the existing law in such manner as may be prescribed: Provided that the registered person shall not be allowed to take credit in the following circumstances, namely:- (i) where the said amount of credit is not admissible as input tax credit under this Act; or (ii) where he has not furnished all the returns required under the existing law for the period of six months immediately preceding the appointed

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is registered under the present law and migrates to the GST regime and opts for composition scheme under section 10 of the CGST Act 2017, then he shall be ineligible to carry forward credit under GST regime. Stipulations In order to carry forward input tax credit by the registered eligible person following stipulations needs to be fulfilled- a) The registered person has to file return for the period ending the day immediately preceding the appointed day under the existing law. Illustration :- Bhim Ltd is registered under the present excise law. If the appointed date for implementation of GST law is 1st July 2017, then Bhim Ltd has to file excise return for the period ending with 30th June 2017 under the present Central excise Act 1944. (b) The input tax credit should be admissible under the new GST regime. Illustration :- Bhim Ltd is carrying on the non-taxable and taxable business after the appointed date, then it will not be eligible to take credit of that portion of input tax credi

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ST regime. Amount of input tax credit to be carried forward The input tax credit admissible to be carried forward is the amount of Input tax credit as shown in the return filed for the period ending on the date immediately preceding the appointed date. Illustration :- Bhim Ltd has Cenvat credit balance of ₹ 10 lacs which it claims in the return filed for the month of June 2017, presuming 1st July 2017 as the appointed date, then by filing of return for the month of June 2017, Pinto Ltd can carry forward the Cenvat credit balance of ₹ 10 lacs as CGST. Similarly by filing return for the period ending with June 2017, it can carry forward input tax credit of state vat as SGST. Process to carry forward credit The registered person has to carry out the following process:- (a) Migrate as a taxable registered person (other than Composition dealer as per Section 10 of the CGST Act 2017) under the GST regime. (b) Submit an application electronically in Form GST TRAN-1,specifying the

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Goods and Services Tax – GST – By: – Priya Sharma – Dated:- 14-6-2017 Last Replied Date:- 30-12-1899 – Valuation of tax is also known as calculation of tax liability of an individual. When we discuss about the tax liability of an individual, it is basically the sum total of amount of tax that an individual is liable to pay during the period of taxation. The types of valuation of tax in the GST regime as per the GST rules and regulations in India is quite similar when we compare it to the ones in the current regime. Typically, there are two types of valuations- valuation done by an individual on his own, also known as self-valuation, and valuation made by the respective tax authorities. Valuation of tax by the tax authorities can be compris

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taxable as per the required GST rules and regulations in India is unable to assess the value of goods and services or find or find out the tax rate that is applicable for his offering, that individual can put forth a request to the officer to permit the disbursal of tax at provisional timelines. Once the officer passes an order giving the necessary permission to the individual, he/she can make the tax payment on provisional basis. The individual has to sign a bond and pay a certain security, also known as surety, as the respective officer deems fit. By signing the bond, the individual becomes obligated to pay the difference between the amount provisionally valuated and the final valuation. The officer must pass the order for final valuatio

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vidual, an officer will certainly valuate the tax liability of that individual to the best of the abilities. The relevant material that is available and what the officer is able to garner are some of the things that will be taken into account. The officer will then have to issue an assessment order within 5 years from the due date of filing the tax return. The assessment will be withdrawn if the individual is able to file the return within the first 30 days from the order. Valuation of unregistered individuals If an individual that is liable to pay taxes fails to complete the registration formalities despite the fact that he/she is responsible to do the same, an officer will evaluate the tax liability of an individual to the best of this ab

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Customs – TRADE NOTICE. No. 05/2017 – Dated:- 14-6-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE: DEPARTMENT OF REVENUE OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS CUSTOM HOUSE, PORT AREA, VISAKHAPATNAM – 530 035 F. No. S2/08/2017-EDl Date: 14/06/2017 TRADE NOTICE. No. 05/2017 Sub: ICES Advisory 008/2017-Alignment of state Codes of ICES with GSTN-Implementation of Changes in ICES-Reg. Attention of all Trade is invited to the ICES Advisory 008/2017 on the above subject. In this regard, seve

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Customs – PUBLIC NOTICE NO. 16/2017 – Dated:- 14-6-2017 – MINISTRY OF FINANCE DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE, NEW HARBOUR ESTATE, THOOTHUKUDI – 628004. C. No. VIII/48/06/2016-Cus.Pol. Date: 14.06.2017 PUBLIC NOTICE NO. 16/2017 Subject: ICES Advisory 008/2017 (GST)- Alignment of State Codes of ICES with GSTN- Implementation of changes in ICES-reg. Attention of all Exporters /Importers/Custom Brokers/ Clearing Agents / Steamer Agents/Shipping agents/Trade and Industry and Public is invited to implementation of GST in India w.e.f. 01.07.2017. In this regard, several changes are anticipated in Bill of Entry/Shipping Bill declarations in alignment with the proposed GST implementation. 2. Currently in IC

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GST – States – No. 2/29/2017-Leg/L – Dated:- 14-6-2017 – GOVERNMENT OF MANIPUR SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT NOTIFICATION Imphal, June 14, 2017 No. 2/29/2017-Leg/L : The following Act of the Legislature, Manipur which received assent of the Governor of Manipur on June 14,2017 is hereby published in the Official Gazette: THE MANIPUR GOODS AND SERVICES TAX ACT, 2017 (Manipur Act No. 3 of 2017) AN ACT to make a provision for levy and collection of tax on intra-State supply

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DGFT – TRADE NOTICE: 01/2018 – Dated:- 14-6-2017 – GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY DEPARTMENT OF COMMERCE OFFICE OF THE ADDL. DIRECTOR GENERAL OF FOREIGN TRADE (CLA), INDRAPRASTHA BHAWAN, 'A' WING, I.P. ESTATE, NEW DELHI 110002 Dated : 14th June,2017 TRADE NOTICE: 01/2018 To, Members of Trade Subject :- Constitution of GST Facilitation Cell-reg. In pursuance of Trade Notice No. 08/2018 dated 08.06.2017, it has been decided to constitute a 'GST Facilitation Cell

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DGFT – Trade Notice No.10/2018 – Dated:- 14-6-2017 – Government of India Ministry of Commerce & Industry Directorate General of Foreign Trade Udyog Bhawan, New Delhi Dated: 14.06.2017 Trade Notice No.10/2018 To, 1. All RA's of DGFT 2. Members of Trade and Industry 3. All EPCs/Commodity Boards Subject: Constitution of Help Desk for GST issues related to Foreign Trade Policy-reg. In continuance of Trade Notice No. 08/2018 dated 8th June 2017 and in furtherance of objectives stated in the

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Goods and Services Tax – Started By: – Sunil Arora – Dated:- 13-6-2017 Last Replied Date:- 14-6-2017 – We are exporter of printed materials. Currently have PAN only (and all required doc) and not registered for VAT or sales tax as none applies.DO we need to wait for registration or we can file NEW registration now. (There is nothing to port from no excise/ ST or VAT)Pl. suggest – Reply By MARIAPPAN GOVINDARAJAN – The Reply = In my view, new registration will be from the date of GST implementati

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Goods and Services Tax – GST – Dated:- 13-6-2017 – New Delhi, Jun 13 (PTI) As India gets ready to ring in the unified GST, people in tiny islands of Andaman and Nicobar and Lakshadweep may perhaps be the sole exception who stand to lose out once the tax structure is implemented. The islands do not impose any sales tax or VAT to make up for the additional cost required for transporting goods. But with the launch of the goods and services tax (GST) from July 1, all goods and services consumed in the islands – like elsewhere in the country – will be levied a tax of 5, 12, 18 or 28 per cent. In other words, this would make the goods pricey. Prof Jagdish Mukhi, Lt Governor of Andaman & Nicobar Islands, at the meeting of the GST Council earl

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Goods and Services Tax – GST – Dated:- 13-6-2017 – Mumbai, Jun 13 (PTI) Leading retailers including Future Group, Trent Hypercity, DMart and Aditya Birla Retail today met in Mumbai to discuss issues related to the Goods and Services Tax (GST), including pricing and margins. Over 12 top retailers met under the aegis of Retailers Association of India (RAI), which intends to approach the government on key areas like including GST as a component in the product price to avoid confusion, and clarification of taxation on packaged commodities. Currently, GST will appear as a separate component in the customer's bill. Some products may be exempt from GST and in such an event a separate bill has to be raised, said Kumar Rajagopalan, chief execut

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Goods and Services Tax – GST – Dated:- 13-6-2017 – Press Information Bureau Government of India Ministry of Finance 13-June-2017 15:20 IST The Government of India has emphasised that Goods and Services Tax (GST) is scheduled to roll-out on 1st July,.2017. The Central Board of Excise and Customs (CBEC) in coordination with the State Governments have increased their outreach programmes with regard to Goods and Services Tax (GST) so as to reach the last trader. The GST formations are being notifie

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