Goods and Services Tax – ADDENDUM TO THE GST RATE SCHEDULE FOR GOODS [As per discussions in the GST Council Meeting held on 18th May, 2017] – TMI Updates – Highlights
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – Dated:- 26-5-2017 – ADDENDUM TO THE GST RATE SCHEDULE FOR GOODS [As per discussions in the GST Council Meeting held on 18th May, 2017] 1. The following amendments / additions are required to be made to the aforesaid document: 1. In S.No.22,- (i) In the Nil rate column, the entry Tender coconut water put in unit container and bearing a registered brand name [2202 90 90] , may be read as: Tender coconut water other than put in unit container and bearing a registered
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Swapneswar muduli – Dated:- 26-5-2017 Last Replied Date:- 30-5-2017 – Dear Experts.Thresh hold limit for Registration is 20 lacs if the person don't do any interstate transaction. and take composition levy in his turnover below 50 lacs.My question is if the same person with same PAN no take registration in two difference state and doing business on that state only in that case he may avail the thresh hold limit if separate states individual turn over is below 20lac. but his both states turn over may go up if he combine the both business turn over.what happen in this same case for composition levy.RegardsSwapneswar. – Reply By Himansu Sha – The Reply = No benefit under sec 10 – Reply By MUKUND THAK
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 26-5-2017 Last Replied Date:- 21-9-2017 – The concept of reverse charge was introduced in the service tax regime vide Notification No. 30/2012, dated 20.06.2012 and came into effect from 20.06.2012. Under reverse charge, the recipient of service is to pay the tax to the credit of the Central Government. The reverse charge is of two types – Full reverse charge and partial reverse charge. Under the full reverse charge, the service recipient is to pay 100% of the tax on the value of services received by him. Under partial reverse charge, the service recipient is to pay certain percentage of tax on the value of taxable service and the balance amount is to be payable by the service provider. The Notification No. 30/2012 has met many amendments and as on date the following services come under the net of reverse charge mechanism- in respect of services provided or agreed to be provided by an insurance agent to any person carr
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
eed to be provided by Government or local authorityexcluding,- (1) renting of immovable property, and (2) services specified in sub-clauses (i), (ii) and (iii) of clause (a) of section 66D of the Finance Act,1994 – 100%; in respect of services provided or agreed to be provided by way of renting of a motor vehicle designed to carry passengers on abated value to any person who is not engaged in the similar line of business – 100%; n respect of services provided or agreed to be provided by way of supply of manpower for any purposeor security services – 100%; in respect of any taxable services provided or agreed to be provided by any person who is located in a non-taxable territory and received by any person located in the taxable territory other than non-assessee online recipient- 100%; n respect of any service provided or agreed to be provided by a person involving an aggregator in any manner – 100%; in respect of services provided or agreed to be provided by way of transportation of goo
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
vices. But the GST Act makes the reverse charge applicable to both services and goods. The provisions of the Act and the rules made there under applicable to the service provider are also applicable to the service recipient under reverse charge mechanism. In this Act it is provided that the service recipient, who receives services or goods from the unregistered person, is liable to pay service tax under reverse charge mechanism and for this purpose he is to raise an invoice. Services coming under Reverse charge under GST Under the provisions of GST there is no partial reverse charge mechanism. The GST Council in its 14th Council meeting held on 19.05.2017 approved the list of services coming under reverse change mechanism. Nearly 12 services are coming under reverse charge mechanism. The service recipients in all these case are liable to pay the entire tax (no partial reverse charge mechanism). The following table gives the list of services coming under the reverse charge mechanism, wh
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
any partnership firm whether registered or not under any law including association of persons; (g) casual taxable person 3 Services provided or agreed to be provided by an individual advocate or firm of advocates by way of legal services, directly or indirectly An individual Advocate or firm of advocates Any business entity 4 Services provided by an arbitral tribunal An arbitral tribunal Any business entity 5 Sponsorship services Any person Anybody corporate or partnership firm 6 Services by Government or local authority excluding- 1.renting of immovable property; and 2. services specified below- (i) services by the Department of posts by way of speed post, express parcel post, life insurance and agency services provided to a person other than Government; (ii) services in relation to an aircraft or a vessel inside or outside the precincts of a port or an airport; (iii) transport of goods or passengers; Government or local authority Any business entity 7 Services by a director of a comp
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ist etc., Publisher, Music company, producer 12 Radio taxi or passenger transport services provided through electronic commerce operator Tax driver or rent a cab operator Any person – tax is payable by electronic commerce operator by 100%. The above list is subject to changes. – Reply By yateen vyas – The Reply = Sir,In GST credit of Input service tax paid by service receiver will be available or not.As in rate chart of GST they said 5 % with NO ITC. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = The input tax credit available to the service provider will also be applicable under Reverse charge. – Reply By SUDHIR KINHALE – The Reply = Sir,In GST REGIME credit of Cash paid which is paid through reverse charge by service receiver will be available or not.As in rate chart of GST they said 5 % with NO ITC. – Reply By yateen vyas – The Reply = Sir,we are asking about rate chart which is saying 5 % with No ITC so this NO ITC will be for whom for service provider or service receiver. – Reply
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
renting of motor cab 5% no itc , what does this mean. – Reply By Anubhav Agrawal – The Reply = Sir, IF GTA is using the service of Truck Owners by hiring the Trucks, do they need to pay tax on reverse charge as they are using the service of an unregistered person. – Reply By Mukesh Meena – The Reply = We are a government body (Govt. Hospital) have contract with manpower suppy agency to provide paramedical staff for 6 month. As per agreement, agency will pay monthly salary to worker and will submit bill with all paid challans like esi, epf, cgst etc. We will bear CGHT payment as per bill of service provider. But there is confusion between our department and ser. provider for tax pay challan.. Service provider said that hospital will pay tax amount firstly then agency will tax to govt. But our hospital says that agency will pay tax as per his invoice and submit tax paid challan so we can make payment on that basis.Pls clarify this confusion as per CGST rule position. – Articles – Knowle
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – Dated:- 25-5-2017 – New Delhi, May 25 (PTI) Telecom Minister Manoj Sinha today said he is monitoring developments in the sector on account of proposed increase in tax levy on operators under the GST regime, amid fears of hike in prices post July 1. The government has proposed to levy 18 per cent tax on telecom services under the Goods and Services Tax (GST) regime. Telecom operators have already been paying 15 per cent tax. 3 per cent difference is there. We are c
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – GST – Dated:- 25-5-2017 – Proposed GST Tax rates would be lesser than the prevailing taxes in case of Sugar, Tea and Coffee (other than instant coffee) and Milk Powder; Present incidence of taxes on sugar is 8% while proposed GST rate on Sugar is only 5% i.e. 3% less; Similarly, present incidence of taxes on Milk Powder, Tea and Coffee (other than instant coffee) is 7% while proposed GST rate on these items is only 5%. Proposed GST Tax rates would be much lesser than the prevailing incidence of taxes in case of Sugar, Tea and Coffee (other than instant coffee) and Milk Powder. Details in this regard are as follows: 1. Sugar: Sugar attracts specific central excise duty of ₹ 71 per quintal plus Sugar Cess of &#
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – mukesh pareek – Dated:- 25-5-2017 Last Replied Date:- 5-6-2017 – Dear Experts,We are manufacturing dutiable as well as exempted products and taking Cenvat credit on those input only who related to dutiable products.My question is can we take Input tax credit under GST on those input also who related to our exempted products ?if yes, then should we take this credit on 30th June before GST implementation or 1st July after GST implementation ?Please mention specific rule if any related to this situation. – Reply By Himansu Sha – The Reply = Transitional provisions of gst act deals such issue. – Reply By Ganeshan Kalyani – The Reply = Even under GST you will not be able to take the credit of the inputs us
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
f credit shall be restricted to the taxable supplies. Taxable supplies include zero rated supplies and exempt supplies shall include non-taxable supplies.No credit is eligible if same is not reflected in your return. last return say June. please check your product is still covered under non-taxable supplies. than no meaning of doing such Exercise. This is my personal view. – Reply By Ganeshan Kalyani – The Reply = Sir, if the product which is exempt under the current tax regime turns out to be taxable under GST then the input tax credit paid under earlier tax regime would be available to dealer. – Reply By Robin Singh – The Reply = Input tax is CGST, SGST or IGST paid on input goods or services for making taxable supplies for goods or servi
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Goods and Services Tax – Started By: – Shashi Kumar – Dated:- 25-5-2017 Last Replied Date:- 27-5-2017 – Horse racing has been clubbed with entertainment at 28%. Turf Clubs have a totalizator system which works on pari-mutuel basis where pooling happens from ppl who bet and from the total revenue collected, a commission is taken out and rest is distributed back to the public. For instance, at Bangalore, for every 100 rupee collected, 12 is taken out as commission and the rest 88 is paid back. If
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
SCHEDULE III – GST – States – SCHEDULES – Bihar Goods and Services Tax Act, 2017 – Act-Rules – SCHEDULE III [See section 7] ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES 1. Services by an employee to the employer in the course of or in relation to his employment. 2. Services by any court or Tribunal established under any law for the time being in force. 3. (a) the functions performed by the Members of Parliament, Members of State Legislature, Members of Panchayats, Members of Municipalities and Members of other local authorities; (b) the duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity; or
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
SCHEDULE II – GST – States – SCHEDULES – Bihar Goods and Services Tax Act, 2017 – Act-Rules – SCHEDULE II [See section 7] ACTIVITIES TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES 1. Transfer (a) any transfer of the title in goods is a supply of goods; (b) any transfer of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services; (c) any transfer of title in goods under an agreement which stipulates that property in goods shall pass at a future date upon payment of full consideration as agreed, is a supply of goods. 2. Land and Building (a) any lease, tenancy, easement, licence to occupy land is a supply of services; (b) any lease or letting
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
re put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, whether or not for a consideration, the usage or making available of such goods is a supply of services; where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless- (i) the business is transferred as a going concern to another person; or (ii) the business is carried on by a personal representative who is deemed to be a taxable person. 5. Supply of services.- The following shall be treated as s
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
(i) an architect registered with the Council of Architecture constituted under the Architects Act, 1972;or (ii) a chartered engineer registered with the Institution of Engineers (India);or (iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority; (2) the expression construction includes additions, alterations, replacements or remodeling of any existing civil structure; (c) temporary transfer or permitting the use or enjoyment of any intellectual property right; (d) development, design, programming, customisation, adaptation, upgradation, enhancement, implementation of information technology software; (e) agreeing to the obligation to refrain from an act, o
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
SCHEDULE I – GST – States – SCHEDULES – Bihar Goods and Services Tax Act, 2017 – Act-Rules – SCHEDULE I [See section 7] ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION 1. Permanent transfer or disposal of business assets where input tax credit has been availed on such assets. 2. Supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in the course or furtherance of business: Provide
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 174 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 174. Saving.- (1) The repeal of the said Acts specified in section 173 to the extent mentioned in section 173 shall not- (a) revive anything not in force or existing at the time of such repeal; or (b) affect the previous operation of the repealed Acts and orders or anything duly done or suffered there under; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the repealed Acts or orders under such repealed Acts: Provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these Acts had not been so repealed; (f) affect any proceedings including that relating to an appeal, revision, review or reference, instituted before, on or after the appointed day under the said repealed Acts and such proceedings shall be continued under the said repealed Acts as if this Act had not come into force and the said Acts had not been repealed. (2) The mention of the particular matters referred to in section 173 and sub-section (1) shall not be held to prejudice or affect the general application of section 8 of the Bihar and Orissa General
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 173 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 173. Repeal.- (1) Save as otherwise provided in this Act and subject to the provisions of section174, on and from the date of commencement of this Act, (a) The Bihar Value Added Tax Act, 2005,except inrespect of goods included in the Entry 54 of the State List of the Seventh Schedule to the Constitution; (b) the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 171 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 171. Anti-profiteering Measure.- (1) Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices. (2) The Central Government may, on recommendations of the Council, by notification, constitute an Authority, or empower an existing Authority constituted under any law for the
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 172 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 172. Removal of difficulties.- (1) If any difficulty arises in giving effect to any provisions of this Act, the Government may, on the recommendations of the Council, by a general or a special order published in the Official Gazette, make such provisions not inconsistent with the rovisions of this Act or the rules or regulations made there under, as may be necessary or expedient for the purp
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 170 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 170. Rounding off of tax etc.- The amount of tax, interest, penalty, fine or any other sum payable, and the amount of refund or any other sum due, under the provisions of this Act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and i
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 169 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 169. Service of notice in certain circumstances.- (1) Any decision, order, summons, notice or other communication under this Act or the rules made there under shall be served by any one of the following methods, namely: (a) by giving or tendering it directly or by a messenger including a courier to the addressee or the taxable person or to his manager or authorised representative or an advocate or a tax practitioner holding authority to appear in the proceedings on behalf of the taxable person or to a person regularly employed by him in connection with the business, or to any adult member of family residing with the taxable person; o
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ce and if such mode is not practicable for any reason, then by affixing a copy thereof on the notice board of the office of the concerned officer or authority who or which passed such decision or order or issued such summons or notice. (2) Every decision, order, summons, notice or any communication shall be deemed to have been served on the date on which it is tendered or published or a copy thereof is affixed in the manner provided in sub-section (1). (3) When such decision, order, summons, notice or any communication is sent by registered post or speed post, it shall be deemed to have been received by the addressee at the expiry of the period normally taken by such post in transit unless the contrary is proved. – – statute, stat
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 168 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 168. Power to issue instructions or directions.- The Commissioner may, if he considers it necessary or expedient so to do for the purpose of uniformity in the implementation of this Act, issue such orders, instructions or directions to the State tax officers as it may deem fit, and thereupon all such officers and all other persons employed in the implementation of this Act shall observe and f
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 167 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 167. Delegation of powers.- The Commissioner may, by notification, direct that subject to such conditions, if any, as may be specified in the notification, any power exercisable by any authority or officer under this Act may be exercisable also by another authority or officer as may be specified in such notification. – – statute, statutory provisions legislation, law, enactment, Acts, Ru
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 166 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 166. Laying of rules, regulations and notifications.- Every rule made by the Government, every regulation made by the Government and every notification issued by the Government under this Act, shall be laid, as soon as may be after it is made or issued, before the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 165 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 165. Power to make regulations.- The Government may, by notification, make regulations consiste
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 164 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 164. Power of Government to make rules.- (1) The Government may, on the recommendations of the Council, by notification, make rules for carrying out the provisions of this Act. (2) Without prejudice to the generality of the provisions of sub- section (1), the Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect o
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 163 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 163. Levy of fee.- Wherever a copy of any order or document is to be provided to any person on an application made by him for that purpose, there shall be paid such fee as may be prescribed. – – statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Taxation Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TM
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 162 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 162. Bar on jurisdiction of civil courts.- Save as provided in sections 117 and 118, no civil court shall have jurisdiction to deal with or decide any question arising from or relating to anything done or purported to be done under this Act. – – statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Taxation Tax Management India – taxmanagementindia – taxmana
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Section 161 – GST – States – MISCELLANEOUS – Bihar Goods and Services Tax Act, 2017 – Act-Rules – 161. Rectification of errors apparent on the face of record.- Without prejudice to the provisions of section 160, and notwithstanding anything contained in any other provisions of this Act, any authority, who has passed or issued any decision or order or notice or certificate or any other document, may rectify any error which is apparent on the face of record in such decision or order or notice or certificate or any other document, either on its own motion or where such error is brought to its notice by any officer appointed under this Act or an officer appointed under the Central Goods and Services Tax Act or by the affected person with
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
