UNION CABINET APPROVES 4 GST BILL

Goods and Services Tax – GST – By: – esha agrawal – Dated:- 26-3-2017 – The Union Cabinet has cleared four bills related to the Goods and Services Tax (GST), ahead of their introduction in Parliament, to enable roll out of the tax reform from July 1. Approval of the bills by Parliament and a separate one by all state Assemblies will complete the legislative process for roll out of the GST, the one-nation-one-tax system that merges central taxes like excise duty and service tax and state levies like VAT. What is GST bill? Goods and Services Tax bill is India s biggest reform in India s indirect tax structure. The purpose of the bill is to introduce one single tax on supply of goods and services, from the manufacturing stage until its delive

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40 percent after the GST Council proposed raising the peak rate in the Bill to 20 percent, from the current 14 percent, to obviate the need for approaching Parliament for any change in rates in future. The change in the peak rate will not alter the 4-slab rate structure of 5, 12, 18 and 28 percent agreed upon last year for the moment, In addition, a cess will be levied on demerit goods like luxury cars, aerated drinks and tobacco products. The CGST Bill sets the tax regime for the levy of GST on intra-state supply of goods or services or both by the central government. IGST Bill deals levy of GST on inter-state supply of goods or services or both by the central government. Similarly, the UTGST Bill provides for levy of GST on intra-UT suppl

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FM approves the re-organisation of the field formations of the Central Board of Excise & Customs (CBEC) for the implementation of Goods & Services Tax (GST); CBEC is being renamed as the Central Board of Indirect Taxes & Customs (CBIC), after ge

FM approves the re-organisation of the field formations of the Central Board of Excise & Customs (CBEC) for the implementation of Goods & Services Tax (GST); CBEC is being renamed as the Central Board of Indirect Taxes & Customs (CBIC), after getting legislative approval – Goods and Services Tax – GST – Dated:- 25-3-2017 – Reorganisation of the field formations of the Central Board of Excise & Customs (CBEC) for the implementation of Goods & Services Tax (GST) has been approved by the Union Finance Minister, Shri Arun Jaitley. The existing formations of Central Excise & Service Tax under the CBEC have been re-organised to implement and enforce the provisions of the proposed Goods & Services Tax Laws. The Central Board of Exc

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of Systems under CBEC is being strengthened. The Directorate General Tax Payer Services is being expanded for greater out- reach for facilitating smooth transition for the taxpayers to the GST environment. The existing training establishment, to be renamed as National Academy of Customs, Indirect Taxes and Narcotics will have an all India presence, to enable capacity building to the employees of the indirect tax administration of the Centre as well as of the State Governments and to members of Trade and Industry. The renamed Directorate General of Goods & Service Tax Intelligence is also being strengthened and expanded to become an important wing of the Government in its fight against Tax Evasion and Black Money. – News – Press release

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GST Bills may be introduced in Lok Sabha on Monday

Goods and Services Tax – GST – Dated:- 25-3-2017 – New Delhi, Mar 24 (PTI) The government is likely to table the four legislations for implementation of the goods and services tax in the Lok Sabha on Monday. The Union Cabinet already cleared the four supplementary GST legislations – CGST, IGST, UTGST and Compensation Law – for introduction and passage in the ongoing session of Parliament. Besides, the Cabinet has approved amendments in the Customs and Excise Act relating to abolition of cesses

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Releasing of GST Compensation to States

Goods and Services Tax – GST – Dated:- 24-3-2017 – Pending introduction of GST in the Country, Union Cabinet in its meeting held on 17.03.2015, decided for payment of 100% CST compensation to the States/UTs for year 2010-11, 75% CST compensation for year 2011-12 and 50% CST Compensation for year 2012-13 to be worked out as per guideline dated 22.08.2008. Accordingly, full CST compensation for year 2010-11 and 2011-12 has been released to the States during FY 2014-15 & 2015-16. ₹ 11709

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GST Bills to be introduced in Parliament next week: FM

Goods and Services Tax – GST – Dated:- 24-3-2017 – New Delhi, Mar 23 (PTI) – Finance Minister Arun Jaitley today said supporting legislations for implementation of goods and services tax will be introduced in Parliament next week. The finance minister maintained that GST is likely to be rolled out from July 1. Jaitley said there is long procedure before the Bills are introduced in Parliament and the GST Council cleared those four bills only last week. All that exercise has been completed in the last 2-3 days… Next week, it should be introduced in Parliament and then taken up for consideration, he said at an award function of CNBC TV18. Jaitley further said nine different regulations have to be framed for GST. Four have already been appro

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APPLICABILITY OF CERTAIN PROVISIONS OF ‘CGST’ TO ‘IGST’

Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 24-3-2017 Last Replied Date:- 1-1-2018 – Section17 of The Integrated Goods and Services Tax Act, 2016 provides that the provisions relating to registration, valuation, time of supply of goods, time of supply of services, change in rate of tax in respect of supply of goods or services, input tax credit and utilization thereof, distribution of input tax credit by an Input Service Distributor, job work, accounts and records, payment, tax deduction at source, return, tax collection at source, audit, assessment, adjudication, demands, refunds, interest, recovery of tax, offences and penalties, inspection, search and seizure, prosecution and power to arrest, appeals, review, advance ruling and compounding shall apply, so far as may be, in relation to the levy of tax under this Act as they apply in relation to levy of tax under the CGST Act,2016. The applicable rules topic wise is discussed as below: Registration Chapter VI o

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on which the supplier receives the payment with respect to the supply. Time of supply of services Section 13 of the Act deals with the time of supply of services. Section 13(2) provides that the time of supply of services shall be the earlier of the following dates, namely,- the date of issue of invoice by the supplier or the last date on which he is required, under Section 28 to issue the invoice with respect to the supply; or the date on which the supplier receives the payment with respect to the supply. Change in rate of tax in respect of supply of goods or services Notwithstanding anything contained in Section 12 or Section 13, the time of supply, in cases where there is a change in the rate of tax in respect of goods or services, shall be determined as per the provisions contained in Section 14 of the Act. Input tax credit and utilization Chapter V of the Act deals with input tax credit, input tax credit in respect of inputs sent for job work, input service distributor. The follo

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re the sections dealing with the payment of tax- Section 44 – Payment of tax, interest, penalty and other amounts; Section 45 – Interest on delayed payment of tax; Tax Deduction at source Section 46 of the Act deals with tax deduction at source. The said section provides that the Central or a State Government may mandate a department or establishment of the Central or State Government or local authority or Governmental agencies or such persons or category of persons as may be notified by the Central or the State Government on the recommendations of the GST Council. The proviso to Section 17 of the IGST Act provides that in the case of tax deduction at source, the deductor shall deduct tax at the rate of 2% from the payment made or credited to the supplier. Return Chapter VIII of the Act deals with filing of various types of returns. The following are the sections dealing with filing of GST returns- Section 32 – Furnishing details of outward supplies; Section 33 – Furnishing details of

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Act deals with the assessment types and procedures. The following are the sections dealing with the assessment- Section 57 – Self assessment; Section 58 – Provisional assessment; Section 59 – Scrutiny of returns; Section 60 – Assessment of non filers of returns; Section 61 – Assessment of unregistered persons; Section 62 – Summary assessment in certain special cases. Adjudication, demand and recovery of tax Chapter XVII of the Act deals with the above. The following are the sections dealing with adjudication, demand and recovery of tax- Section 66 – Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized for any reason other than fraud or any willful misstatement or suppression of facts; Section 67 – Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized by reason of fraud or any willful misstatement or suppression of facts; Section 68 – General provisions relating t

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with offences and penalties. The following sections deal with offences and penalties- Section 85 – Offences and penalties; Section 86 – General penalty; Section 87 – General disciplines related to penalty; Section 88 – Power to impose penalty in certain cases; Section 89 – Detention, seizure and release of goods and conveyances in transit; Section 90 – Confiscation of goods and/or conveyances and levy of penalty; Section 91 – Confiscation of penalty not to interfere with other punishments. Inspection, search, seizure and arrest Chapter XVIII of the Act deals with the powers given to GST officers for inspection, search and seizure. The following sections deal with inspection, search, seizure and arrest- Section 79 – Power of inspection, search and seizure; Section 80 – Inspection of goods in movement; Section 81 – Power to arrest; Section 82 – Power to summon persons to give evidence and produce documents; Section 83 – Access to business premises; Section 84 – Officers required assisti

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on 105 – Appearance by authorized representative; Section 106 – Appeal to the High Court; Section 107 – Appeal to the Supreme Court; Section 108 – Hearing before Supreme Court; Section 109 – Sums due to be paid notwithstanding appeal etc., Section 110 – Exclusion of time taken for copy; Section 111 – Appeal not to be filed in certain cases; Section 112 – Non appealable decisions and orders. Advance Ruling Chapter XXII of the Act deals with advance ruling. The following are the sections dealing with advance ruling- Section 113 – Definitions; Section 114 – Authority of Advance Rulings; Section 115 – Appellate Authority for Advance Rulings; Section 116 – Application of advance ruling; Section 117 – Procedure on receipt of application; Section 118 – Appeal to the Appellate Authority; Section 119 – Orders of the Appellate Authority; Section 120 – Rectification of Advance Ruling; Section 121 – Applicability of Advance Ruling; Section 122 – Advance ruling to be void in certain circumstances;

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Govt may table 4 GST bills in Parliament today: Minister

Goods and Services Tax – GST – Dated:- 23-3-2017 – New Delhi, Mar 23 (PTI) The government may table four GST supplementary legislations in Parliament today, a union minister said. We can do it today as well. A meeting on GST will be chaired by Finance Minister Arun Jaitley today, Minister of State for Finance Arjun Ram Meghwal said when asked about tabling of the four GST bills in the Lok Sabha. He was speaking to reporters on the sidelines of an infrastructure event here. The Cabinet on Monday

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APPLICABILITY OF GST LAW ON EDUCATIONAL INSTITUTIONS

Goods and Services Tax – GST – By: – Vatsalya Bhardwaj – Dated:- 23-3-2017 Last Replied Date:- 23-3-2017 – As per the present Service-tax law, all educational institutions are exempt from service-tax. In this regard, reference can be made to Notification on providing for exemption vide which all schools rendering education from pre-school to higher secondary level, are exempt. Further all universities providing qualification recognized by the Government are also exempt. All Government educational institutions including vocational education courses are also exempt. Educational institutions set up under specific Act are also exempt like Indian Institute of Management. In other words, all educational institutions except which are of commercia

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nt and set up by an Act of the Parliament or a State Legislature to carry out any function entrusted to a municipality under article 243W or a Panchayat under article 243G of the Constitution. Education services means services by way of:- pre-school education and education up to higher secondary school or equivalent; education as a part of a curriculum for obtaining a qualification recognised by any law for the time being in force; or education as a part of an approved vocational education course. In view of above definition of governmental authority, exemption has been provided as per proposed law from GST only in respect of education being provided by institutions set up by the Government or where Government is having participation of 90%

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r service-tax law to all educational institutions including private institutions which are providing formal education or vocational education or education of higher level in a specialized field duly recognized by the Government. In this regard, it may be stated that even if the exemption is provided from levy of GST by way of a Notification or exemption list, if the educational institutions referred above are covered under GST law, they will be required to comply with formalities under GST law. As provided under GST law, each entity covered under the law is required to get itself registered in each of the state from where services are being provided and the person has to file returns as required to be filed. As per the proposal contained in

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AGRICULTURE UNDER GST – WHETHER TAXABLE

Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 23-3-2017 Last Replied Date:- 3-4-2017 – The revised model GST law on GST (version-II) defines agriculture and agriculturist. The agriculture is out of scope of GST and agriculturist is not a taxable person. Agriculture [Section 2(7)] As per section 2(7) of the revised Model GST law, 'agriculture' means all its grammatical variations and cognate expressions, includes floriculture, horticulture, the raising of crops, grass or garden produce and also grazing, but does not include dairy farming, poultry farming, stock breeding, the mere cutting of wood or grass, gathering of fruit, raising of man-made forest or rearing of seedlings or plants. Therefore, agriculture would include: all its grammatical variations all its cognate expressions, floriculture, (cultivation of ornamental flowers) horticulture, (cultivation of garden) sericulture, (rearing of silk worms) the raising of crops, grass or garden produce, and gra

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6 (12) TMI 390 – Supreme Court of India , para 4] [Forest Conservation Act (69 of 1980), S.2(i)]. The terms forest is to be understood in the dictionary sense and also that any area regarded as a forest in the Government records, irrespective of ownership would be forest. [M.C. Mehta v. Union of India (2004) 12 SCC 118, 181, para 82] 'Forest means such large areas where agricultural is not done and which is covered by trees and shrubs. Land having an average number of 200 trees per hectare ought to be treated as 'forest'. [ T.N. Godavarman Thirumulpad (98) v. Union of India, (2006) 5 SCC 28, 32, para 3] The Indian Forest Act, 1927 covers all categories of forests and extends to whole of territories specified in First Schedule of the Constitution. Agriculturist [Section 2(8)] As per section 2(8) of the revised Model GST law, 'agriculturist' means a person who cultivates land personally, for the purpose of agriculture. One who is engaged in agriculture is called agric

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d personally, if it is cultivated by any member of such family. This expression has been used in the definition of 'agriculturist' and a person will be considered as an 'agriculturist' only when a person cultivates land personally. To cultivate personally would imply carrying on agricultural operations on his own account by employing own labour, family's labour or hired labour under own supervision or of his family. In case of HUF, it could be done by any member of HUF. The explanation clarifies that cultivation can be treated as being cultivated personally if it is done by servants or by hired labour in case of widow, minor, physically or mentally disabled persons or serving members of armed forces of Union. Where persons who do not cultivate personally by employing a labour but do so by awarding contract of cultivation on sharing basis, which is generally called 'Batai', such batai work other than under employment contract will not be covered under the sco

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GST – Migration of Central Excise and Service tax Assessees – Formation of Help Disk

Trade Notice No. 03/2017 – 3 A Dated:- 23-3-2017 Trade Notice – Circulars – GST – OFFICE OF TILE COMMISSIONER OF CENTRAL EXCISE SERVICE TAX NO. 1, WILLIAMS ROAD, TIRUCIICIIIRAPALLI – 620 001. Dated: 23.03.2017 Trade Notice No. 03/2017 – 3 A Sub : Reg. Attention of Trade and general public is invited regarding Migration of Central Excise and Service tax Assessees to GST. To facilitate smooth migration of assesses to GSTN and sort out any problems faced by assesses, a GST SEVA KENDRA would be functioning in the above address. This SEVA Kendra would remained functional on Saturday/ Sunday up to 31.03.2017. The following Officers ar

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Superintendent 2415434 4 C. Govindasamy Superintendent 2415434 5 C. Visalakshi Superintendent 2460388 6 K.R. Parthasarathy Superintendent 2460156 7 M. Shanthi, Inspector 2415434 8 B. Joshua Samuel,

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Cabinet approves Amendment of in the Customs and Excise Act, relating to abolition of cesses and surcharges on various goods and services to facilitate implementation of GST Regime

Goods and Services Tax – GST – Dated:- 22-3-2017 – Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the following proposals: i. Amendment to the Customs Act, 1962; ii. Amendments to the Customs Tariff Act, 1975; iii. Amendment to the Central Excise Act, 1944; iv. Repeal of the Central Excise Tariff Act, 1985; and v. Amendment or repeal of the provisions relating to Acts under which cesses are levied. The above proposals will result in the following benefits: i. Insert

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GST rollout from July 1 to make goods cheaper: Jaitley

Goods and Services Tax – GST – Dated:- 22-3-2017 – New Delhi, Mar 22 (PTI) Hopeful of the GST rollout from July 1, Finance Minister Arun Jaitley today said it will create one of the world's biggest single markets and make commodities cheaper and tax evasion difficult. Speaking at the 23rd Conference of the Commonwealth Auditor General, Jaitley said India has hugely a non-tax compliant society and the government banned higher denomination notes to curb the tendency of people to deal in cash that lead to tax evasion as well as terror financing. He said the reform measures undertaken by the government will help India clock 7-8 per cent growth and retain the tag of fastest growing major economy in the world, but challenges remain in volati

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re convenient, Jaitley said. The Union Cabinet this week cleared four supplementary GST legislations which will be introduced in Parliament in the ongoing budget session. The laws which enable this (GST) are now before Parliament which hopefully should get cleared and once they do get cleared then by the middle of this year we hope to see the implementation as far as this law is concerned, Jaitley said. In terms of tax compliances, he said India ranks fairly high as a non-compliant state. Therefore, one of the efforts of the state has been how to bring non-compliance to an end. Once the GST is introduced it will be a great check as far as evasion is concerned, he said, adding that the government has amended direct taxation law by bringing i

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at anonymity disappeared as it had to be deposited in bank. This has also increased the trend towards digitisation of economy, (will) act as disincentive to continuing to deal in a shadow or parallel economy and lead to a further integration of informal with formal economy, Jaitley said. He said the size of India's GDP in the near future will be bigger, size of formal economy will increase and will be cleaner. As regards growth, Jaitley said India would continue to remain amongst the fastest growing economies of the world. For the last three years we have been the fastest growing major economy, we will continue to be in that phase. I think for India to achieve the growth rate of 7-8 per cent is reasonably logically plausible. If big gro

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Trying to implement GST from July 1, says Jaitley

Goods and Services Tax – GST – Dated:- 22-3-2017 – New Delhi, Mar 22 (PTI) Finance Minister Arun Jaitley today said he is hopeful of rolling out the biggest tax reform GST from July 1 which will make goods and services cheaper and tax evasion difficult. The Finance Minister also said achieving a growth rate of 7-8 per cent is plausible and if economies pick up globally then the country's growth rate can go up further. Demonetisation, Jaitley said, will act as a disincentive towards continuing to deal with shadow economy, and integration of informal with formal economy will increase the size of the GDP and make it cleaner. The biggest taxation reform what we are trying to implement from July 1 is Goods and Services Tax … It will incre

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Interstate Jobwork without payment of tax

Goods and Services Tax – Started By: – Vishnu Dutt Gupta – Dated:- 21-3-2017 Last Replied Date:- 4-4-2017 – # GST Applicability on Interstate Job Work ?? ( As per CGST Law in chapter XI A – Job work allowed without payment of tax and should be return in prescribed time one year for input) But in IGST law no procedure mentioned for Job work. as per Miscellaneous -17 in Chapter IX of IGST law : Application of certain provisions of the CGST Act, 2016 to I G S T The provisions relating to registration, valuation, time of supply of goods, time of supply of services, change in rate of tax in respect of supply of goods or services, input tax credit and utilization thereof, distribution of input tax credit by an Input Service Distributor, job work

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pay GST on movement of goods,the credit is availed by the job worker who in turn pays the GST at the time of supplying (returning the goods after processing) on which the credit can be availed at your end. In the end, as the set off is available, the tax impact is neutral. This will save unnecessary litigation and reconciliation. Regards S.Ramaswamy – Reply By MARIAPPAN GOVINDARAJAN – The Reply = Your assumption is correct. – Reply By Ganeshan Kalyani – The Reply = Paying and taking credit would block working capital. – Reply By Vishnu Dutt Gupta – The Reply = Thanks to all for valuable reply.As per Mr. Ramaswamy we can do but we want to know availability of procedure without payment of tax on interstate processing only.Intra state also cle

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Modification in GST reg portal

Goods and Services Tax – Started By: – venkat eswaran – Dated:- 21-3-2017 Last Replied Date:- 1-4-2017 – Dear all,While we migrat to GST portal the Validation error comes for one of the PAN no of the directors. WE have deleted that particular record and got ARN no. and migrated to GST. After that can we modify the directors details? from April onwards we need to add one more director name also. How we can do that? Still no option is shown in the portal?Pl suggest your viewsThanks in advanceVenk

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Additional place of business after GST migration

Goods and Services Tax – Started By: – Aitha RajyaLakshmi – Dated:- 21-3-2017 Last Replied Date:- 6-10-2017 – SirWhat is the process we shall follow in a case when a new place of business is established after GST migration? – Reply By MARIAPPAN GOVINDARAJAN – The Reply = If the new place of business is in the other State you have to obtain separate registration. If it is within the State no separate registration is required. In my view you can add the new establishment in the Registration certificate. – Reply By Ramaswamy S – The Reply = Under the GST, One state one registration. If the new premises is within the same state, then the new premises is to be added as additional place of business in the GST.The process is similar to the curren

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in application form in common portal of GSTN. Any well conversant computer operator can do this. Thus your additional place of business will be on the records of the department. There is no problem in amending registration certificate whenever there is any change . – Reply By MARIAPPAN GOVINDARAJAN – The Reply = If you get a registration in the GST Regime and if you want to establish a new place of business which is of same nature or incidental there to, then you can add the new place of establishment as additional place of business by amending the registration certificate. – Reply By Nagaraj Dalabhanjan – The Reply = May i know what is the time limit for adding additional place of business in same state?And the option for adding changes (

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er In Gujarat. I would like to Add Their Ahmadabad Freight. As Additional Place Of Business. When I login To GST portal. My Profile Says NA. Where do I get that updated. If someone can please help me with this one. My GSTIN is Registered in Gujarat Itself. – Reply By Hasmukh Patel – The Reply = Till date We can not amend registration for additional place of business even if it is under rule. Pls. login GST PORTL and try for add new location.You can't do it. – Reply By Amit Bansal – The Reply = HiI have heard #apob can be added in Gst by a manual process. Can anyone help me this case.Regards – Reply By JSW CEMENT LIMITED – The Reply = Additional place of business can be added in the core field amendment option now. – Reply By Hasmukh Pat

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The Union Cabinet chaired by the Prime Minister Shri Narendra Modi approves the four Goods and Services Tax (GST) related bills today

Goods and Services Tax – GST – Dated:- 20-3-2017 – The GST law will be the biggest reform in the area of Indirect Taxes in the history of independent India The Union Cabinet chaired by the Prime Minister Shri Narendra Modi today approved the following four Goods and Services Tax (GST) related bills: 1. The Central Goods and Services Tax Bill 2017 (The CGST Bill) 2. The Integrated Goods and Services Tax Bill 2017 (The IGST Bill) 3. The Union Territory Goods and Services Tax Bill 2017 (The UTGST Bill) 4. The Goods and Services Tax (Compensation to the States) Bill 2017 (The Compensation Bill) The passage of these four GST related bills will pave the way for the biggest reform in the area of Indirect Taxes in the history of independent India.

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lp in the realization of the objective of One Nation, One Tax and improve the Ease of Doing Business climate in the country. It will also indirectly benefit the common man by reducing the tax burden especially on the daily consumer items of the common man. Introduction of GST would also make Indian products competitive in the domestic and international markets. Studies show that this would have a boosting impact on economic growth. It is expected that the implementation of the Goods and Services Tax law will lead to an increase in Gross Domestic Product (GDP) of the country by 1-2%. This in turn will lead to the creation of more employment and increase in productivity. The GST regime will bring in more transparency and efficiency with the m

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MRP based item in GST

Central Excise – Started By: – venkat eswaran – Dated:- 20-3-2017 Last Replied Date:- 23-3-2017 – DEar all,our is a MRP based valuation in Central excsie pmt after rebate of some % on MRP we paying excise duty. In GST how this is to be treated. Whether the same MRP based valuaiton is continued in GST also?Kindly share your views on thisThanks in advanceVenkat – Reply By MARIAPPAN GOVINDARAJAN – The Reply = This has not been dealt with by model laws. – Reply By MANISH SINHA – The Reply = Sir,The

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Cabinet approves four GST Bills

Goods and Services Tax – GST – Dated:- 20-3-2017 – The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the following four GST related bills: 1. The Central Goods and Services Tax Bill 2017 (The CGST Bill) 2. The Integrated Goods and Services Tax Bill 2017 (The IGST Bill) 3. The Union Territory Goods and Services Tax Bill 2017 (The UTGST Bill) 4. The Goods and Services Tax (Compensation to the States) Bill 2017 (The Compensation Bill) The above four Bills have been earlier approved by the GST Council after thorough, clause by clause, discussion over 12 meetings of the Council held in the last six months. The CGST Bill makes provisions for levy and collection of tax on intra-state supply of goods or services for b

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HOW TO MIGRATE INTO GST GOODS AND SERVICE TAX) REGIME

Goods and Services Tax – GST – By: – Mr. CS SANJAY MALHOTRA – Dated:- 20-3-2017 Last Replied Date:- 25-3-2017 – Reply By Ganeshan Kalyani – The Reply = Thanks for sharing the procedure. It is very useful. Thanks. Though the GSTN had requested to do enrolment before 31.01.2017, most of the assesses are still waiting to complete their enrolment due to various reasons. In some state the department has yet to issue login credential to the assesse. The J&K has not yet started the process. Though there is no revised timeline given, the assesse need to understand that Government may at anytime declare last day for enrolment and complying after that time would lead difficulty. Hence enrolment to be carried out at right time. – Reply By KASTUR

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Maintenance of Accounts and other record in GST Law

Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 18-3-2017 Last Replied Date:- 3-4-2017 – No specific list of accounts or record has been prescribed in Section 53 of GST Law. It only talked about the true and correct accounts of production or manufacture of goods, inward and outward supply of goods and /or services, accounts of stock of goods, record of input credit availed and output tax payable or paid. Accounts and other Record Every registered taxable person shall maintain at his principal place of business [as mentioned in the certificate of registration] the following record Accounts of production or manufacture of goods Record of inward and outward supply of goods and / or services Record of stock of goods Record of in

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Every owner or operator of warehouse or godown shall maintain record of consigner, consignee and all other relevant details of the goods as prescribed whether person is registered or not. Period of retention of accounts Every RTP shall keep the record of all books of accounts and other record and shall retain the same until the expiry of 60 month from the due date of furnishing the annual return . Example : Record of FY 2017-18 shall be retain till 31.12.2023. Provided that where RTP is in appeal, revision or any other proceeding before any appellate or tribunal or court , whether filed by him or by department, or under investigation of offence , shall retains the books for period of one year after the disposal of such proceeding or the pe

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Input tax credit – Matching / Mismatching Concept in Present Tax Laws vis-à-vis GST Laws

Goods and Services Tax – GST – By: – Anuj Bansal – Dated:- 17-3-2017 Last Replied Date:- 3-4-2017 – The concept of Input Tax credit has always been an issue to look into for the industry. The industry has huge expectations and there are a lot of eyes on how the concept of Input Tax Credit related to goods and/or services and matching mismatching concept of input tax credit will be dealt with in the GST regime. Let us discuss whether GST has something to cherish about or not. The eligibility and conditions for taking input tax credit are discussed under Sec 16 of the revised Model GST Law. The section broadly talks about the conditions, circumstances and ways through which the assesse can claim input tax credit under the GST regime. There are certain conditions which the assessee needs to fulfill in order to avail the input tax credit. One of the important condition provided in Sec 16(2)(c) states that:- The tax charged in respect of such supply has been actually paid to the account of

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is mentioned in their respective returns and a mismatch report is generated. The buyer can view the report on the website of department immediately after filing of Annexure by corresponding sellers. In case there is any mismatch in the reports i.e. let say selling dealer has shown lesser amount of sales but the Buying Dealer shows the correct amount of purchases. Thus, Buying Dealer has claimed more input and he will be penalized for no default on his part. However, in reverse case i.e. Selling Dealer having shown more amount of sales and the purchase amount being correctly entered by the Buying Dealer, the mismatch report will be generated without any penalty being levied on buyer. However, under Service Tax Laws there is no such provision or mechanism in law to check whether tax paid by the receiver of services is duly deposited by the provider of services or not. In order to have control and avoid leakage in flow of credit the Government has introduced the concept of matching and mi

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again and accordingly his output tax liability shall be reduced which was added earlier in his return. Any interest paid earlier shall also be refunded to the purchasing dealer. However, no provision is mentioned in law for any interest to be refunded for the period when such output tax liability was wrongly charged from the purchasing dealer till the date of refund. Case 2:- Where reduction of output tax liability exceeds the corresponding reduction in claim for Input Tax credit i.e. in case the credit note issued by the selling dealer is not correspondingly recorded by the purchasing dealer in his return then such discrepancy shall be communicated to both such persons in the manner as may be prescribed. Now two situations may arise:- If it is not rectified by the purchasing dealer in his valid return for the month in which the discrepancy is communicated shall be added to the output tax liability of the selling dealer along with that he shall be liable to pay interest from the date o

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nnual return for F.Y. 2016-17 whichever is earlier, It is important to note that in case such period passes away then no such rectification is allowed and input tax credit related to them will be lost. This mechanism of matching mismatching seems to be highly automated and thus all the returns of selling dealer as well as purchasing dealer will be linked with each other, so that any change on one side will be correspondingly reflected on the other side. Therefore, both the seller as well as purchaser is required to be very careful in filing the returns and in uploading sale / purchase details. Even a slight mismatch in the details will lead to unnecessary demands and may also lead to litigation for recovery of tax. In the whole process, it may be observed that Government is at no loss. Whatever deposit is made by the seller would be available to the purchaser and in case of mismatch Government will immediately recover the output tax from the purchaser. It is also required to have a clo

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POWERS OF GST OFFICERS UNDER CGST ACT

Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 17-3-2017 Last Replied Date:- 28-3-2017 – Appointment of GST Officers Section 5 of Model GST Act, 2016 ( Act for short) provides for appointment of officers under the CGST. The Board may appoint such persons as it may think fit to be officers under the Act. The Board may authorize a Principal Chief Commissioner/Chief Commissioner of CGST or a Principal Commissioner/Commissioner of CGST or an Additional/Joint or Deputy/Assistant Commissioner of CGST to appoint officers of CGST below the rank of Assistant Commissioner of CGST. Powers of CGST officers Section 6 of the Act provides that subject to such conditions and limitations as the Board may impose, a GST officer may exercise the powers and discharge the duties conferred or imposed on him under the Act. He may exercise the powers on any other CGST officer who is subordinate to him. The Commissioner may, subject to such conditions and limitations as may be specified in

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spect any places of business of the taxable person or the persons engaged in the business of transporting goods or the owner of the operator of warehouse or godown or any other place. Section 79(2) provides that where the officer concerned, either pursuant to an inspection carried or otherwise, has reasons to believe that any goods liable to confiscation or any documents or books or things, which in his opinion shall be useful for or relevant to any proceedings are secreted in any place, he may authorize in writing any other officer to search and seize or may himself search and seize such goods, documents, books or things. Power to arrest Section 81 gives powers to Commissioner to arrest any person. Section 81(1) provides that if the Commissioner has reason to believe that any person has committed an offence as detailed below- supplies any goods and/or services without issue of any invoice or grossly misdeclares the description of the supply on invoice, in violation of the provisions o

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ions of the Code of Criminal Procedure, 1973 relating to arrest. Power to summon persons to give evidence and produce documents Section 82 provides that any CGST officer, duly authorized by the competent authority in this behalf, shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry which such officer is making for any of the purposes of this Act. Access to business premises Section 83 provides that any CGST officer authorized by the Additional/Joint Commissioner of CGST shall have access to any place of business of a registered taxable person to inspect books of account, documents, computers, computer programs, computer software, whether installed in a computer or otherwise, and such other things as he may require and which may be available at such place, for the purposes of carrying out any audit, scrutiny, verification and checks as may be necessary to safeguard the interest of

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