Goods and Services Tax

Question 12 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 12 – Q 12. What will be the role of taxpayers w.r.t GST Common Portal being developed and maintained by GSTN? Ans. Some of the functions which will be performed by taxpayers through GSTN are: Application for registration as taxpayer, and profile management; Payment of taxes, including penalties and interest; Uploading of Invoice data & filing returns /

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 11 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 11 – Q 11. What are the benefits to taxpayers in using the GSPs? Ans. A GSP providing tax accounting software will have the advantage of already providing the tax payer with a vast majority of the taxation functionality. It will help the tax payer if the delta process of upload of the invoice/ return and reconciliation of the same is also provided by the GSP. Whereas in case of GST portal, another set of exercise manually or otherwise will have to be done to upload the invoice data or the return. The interface and features exposed by GST portal will be uniform for all taxpayers and might be basic in f

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

How may AAR and AAAR will be constituted under GST? – Question 6 – Draft-Bills-Reports – Advance Ruling – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 6 – Q 6. How may AAR and AAAR w

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 10 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 10 – Q 10. What will be the role of GST Suvidha Providers? Ans. The GSP developed Apps will connect with the GST system via secure GST system APIs. Some of the functions of GSP are: Development of various apps / interfaces for taxpayer, TRPs of GST system Providing other value added services to the taxpayers The GST Suvidha Providers (GSPs) are envisaged t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 5 – Draft-Bills-Reports – Advance Ruling – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 5 – Q 5. What is the Appellate authority for advance ruling (AAAR) and what would be its composition? Ans. Appellate authority for advance ruling (AAAR) will hear appeal against advance ruling given by the AAR. This will comprise of two members namely Chief Commissioner of CGST designated by the Central Board Excise and Customs (CBEC) and Commissioner of SGST having jurisdiction ov

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 4 – Draft-Bills-Reports – Advance Ruling – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 4 – Q 4. What will be the composition of Authority for advance rulings (AAR) under GST? Ans. Authority for advance ruling (AAR) shall comprise one member CGST and one member SGST. They will be appointed by the Central and State government respectively. Their qualification and eligibility condition for appointment will be prescribed in the Model GST Rules. (Section 95). – Statutory

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 9 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 9 – Q 9. What is GSP (GST Suvidha Provider)? Ans. The GST System is being developed by Infosys, the Managed Service Provider (MSP). The work consists of development of GST Core System, provisioning of required IT infrastructure to host the GST System and running and operating the system for five years. The proposed GST envisages all filings by taxpayers electronically. To achieve this, the taxpayer will need tools for uploading invoice information, matching of input tax credit (ITC) claims, creation of party-wise ledgers, uploading of returns, payment of taxes, signing of such document with digital sig

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 3 – Draft-Bills-Reports – Advance Ruling – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 3 – Q 3. What is the objective of having a mechanism of Advance Ruling? Ans. The broad objective for setting up such an authority is to: i. provide certainty in tax liability in advance in relation to an activity proposed to be undertaken by the applicant; ii. attract Foreign Direct Investment (FDI); iii. reduce litigation; iv. pronounce ruling expeditiously in transparent and inex

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 8 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 8 – Q 8. What is the concept of GST Eco-system? Ans. A common GST system will provide linkage to all State/UT Commercial Tax departments, Central Tax authorities, Taxpayers, Banks and other stakeholders. The eco-system consists of all stakeholders starting from taxpayer to tax professional to tax officials to GST portal to Banks to accounting authorities. T

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 2 – Draft-Bills-Reports – Advance Ruling – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 2 – Q 2. Which are the matters enumerated in Section 97 for which advance ruling can be sought? Ans. Advance Ruling can be sought for the following matters: (a) classification of any goods or services under the Act; (b) applicability of a notification issued under provisions of the Act having a bearing on the rate of tax; (c) the principles to be adopted for the purposes of determi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 7 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 7 – Q 7. What are the basic features of GST common portal? Ans. The GST portal shall be accessible over Internet (by Taxpayers and their CAs/Tax Advocates etc.) and Intranet by Tax Officials etc. The portal shall be one single common portal for all GST related services e.g.- i. Tax payer registration (New, surrender, cancelation, etc.); ii. Invoices upload,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 6 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 6 – Q 6. What is the role of Infosys in GSTN? Ans. GSTN has engaged M/S Infosys as a single Managed Service Provider (MSP) for the design, development, deployment of GST system, including all application software, tools and Infrastructure and operate & maintain the same for a period of 5 years from Go-Live. – Statutory Provisions, Acts, Rules, Regulatio

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

What is the meaning of Advance Ruling? – Question 1 – Draft-Bills-Reports – Advance Ruling – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 1 – Q 1. What is the meaning of Advance Ruli

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 5 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 5 – Q 5. What will be the role of GSTN in registration? Ans. The application for Registration will be made Online on GST Portal. Some of the key data like PAN, Business Constitution, Aadhaar, CIN/DIN etc. (as applicable) will be validated online against respective agency i.e. CBDT, UID, MCA etc, thereby ensuring minimum documentation. The application data,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 4 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 4 – Q 4. What is the interface system between GSTN and the states/CBEC? Ans. In GST regime, while taxpayer facing core services of applying for registration, uploading of invoices, filing of return, making tax payments shall be hosted by GST System, all the statutory functions (such as approval of registration, assessment of return, conducting investigation

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 3 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 3 – Q 3. What services will be rendered by GSTN? Ans. GSTN will render the following services through the Common GST Portal: (a) Registration (including existing taxpayer master migration and issue of PAN based registration number); (b) Payment management including payment gateways and integration with banking systems; (c) Return filing and processing; (d)

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 23 – Draft-Bills-Reports – Appeals, Review and Revision in GST – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 23 – Q 23. What is the time limit for filing an appeal before

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 2 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 2 – Q 2. What is the genesis of GSTN? Ans. The GST System Project is a unique and complex IT initiative. It is unique as it seeks, for the first time to establish a uniform interface for the tax payer and a common and shared IT infrastructure between the Centre and States. Currently, the Centre and State indirect tax administrations work under different laws, regulations, procedures and formats and consequently the IT systems work as independent sites. Integrating them for GST implementation would be complex since it would involve integrating the entire indirect tax ecosystem so as to bring all the tax administrations (Centre, State and Union Territories) to the same level of IT maturity with uniform formats and interfaces for taxpayers and other external stakeholders. Besides, GST being a destination based tax, the inter- state trade of goods and

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

o be called GST Network (GSTN) and recommend the structure and terms of reference for the NIU/ SPV, detailed implementation strategy and the road map for its creation in addition to other items like training, outreach etc. In March 2010, TAGUP constituted by the Ministry of Finance had recommended that National Information Utilities should be set up as private companies with a public purpose for implementation of large and complex Government IT projects including GST. Mandate of TAGUP was to examine the technological and systemic issues relating to the various IT projects such as GST, TIN, NPS, etc. The EG had seven meetings between 2nd August 2010 and 8th August 2011 to discuss the modalities. After due deliberations, the EG recommended creation of a Special Purpose Vehicle for implementing the GST System Project. To enable efficient and reliable provision of services in a demanding environment, the EG recommended a non- Government structure for the GSTN SPV with Government equity of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

G also brought out the need to have technology specification to run this company so that there is 100 percent matching of returns. The business knowledge resides with the officials of Government of India and States. However, professionals with sophisticated technology knowledge will be required to run this company independently, similar to NSDL which is working professionally and independently. EG also recommended a non-government company as that will have operational freedom. These recommendations were presented before the Empowered Committee of State Finance Ministers in its 3rd meeting of 2011 held on 19th August 2011 and in the 4th meeting of 2011 of the EC held on 14th Oct 2011. The proposal of the EG on IT infrastructure for GST regarding GSTN and formation of a non-profit section 25 company with the strategic control with the Government were approved by the Empowered Committee of State Finance Ministers (EC) in its meeting held on14.10.11. The note of Department of Revenue for s

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

nd a CEO of the GSTN SPV selected through an open selection process. iv. Relaxation in relevant rules to enable deputation of Government officers to the GSTN SPV for exercise of strategic control and for bringing in necessary domain expertise. v. GSTN SPV would have a self- sustaining revenue model, where it would be able to levy user charges on the tax payers and the tax authorities availing services. vi. GSTN SPV to be the exclusive national agency responsible for delivering integrated indirect Tax related services involving multiple tax authorities. Accordingly, any other service provider seeking to deliver similar integrated services would be required to enter into a formal arrangement with GSTN SPV for the services. vii. A one- time non- recurring Grant- in aid of ₹ 315 crore from the Central Government towards expenditure for the initial setting up and functioning of the SPV for a three year period after incorporation. In compliance of the Cabinet decision, GST Network was

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 22 – Draft-Bills-Reports – Appeals, Review and Revision in GST – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 22 – Q 22. An appeal from the order of Tribunal lies to which forum? Ans. High Court if the High Court is satisfied that such an appeal involves a substantial question of law. (Section 87(1)). However, if the order passed by the Tribunal relates to a matter where two or more States, or a State and Centre, have a difference of views regarding the treatment of a

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 21 – Draft-Bills-Reports – Appeals, Review and Revision in GST – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 21 – Q 21. Whether interest becomes payable on refund of pre-deposit amount? Ans. Yes. As per Section 85 of MGL Where an amount deposited by the appellant under sub-section (6)/(4) of section 79 or under sub-section (10)/(7) of section 82 is required to be refunded consequent to any order of the First Appellate Authority or of the Appellate Tribunal, as the ca

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 1 – Draft-Bills-Reports – Frontend Business Process on GST Portal – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 1 – Q 1. What is GSTN? Ans. Goods and Services Tax Network (GSTN) is a nonprofit non-government company, which will provide shared IT infrastructure and service to both central and state governments including tax payers and other stakeholders. The Frontend services of registration, Returns and payments to all taxpayers will be provided by GSTN. It will be t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 20 – Draft-Bills-Reports – Appeals, Review and Revision in GST – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 20 – Q 20. Bring out the differences in appeal (to Tribunal) provisions under CGST & SGST? (i) The provisions under Section 82 of SGST Act for appeal by any person aggrieved by the order or decision passed against him by First Appellate Authority are essentially similar to provisions contained in Section 82 of CGST Act and discussions made therein are equa

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 25 – Draft-Bills-Reports – Transitional Provisions – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 25 – Q 25. Goods were sent on approval before the appointed day but are returned to the seller after 6 months from the appointed day, will tax be payable in GST? Ans. Yes, if such goods are liable to tax in GST and the person who rejected or not approved the goods returns it after 6 months (may be extended by 2 months) from the appointed day. This provision is applicable

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

What is the time limit for filing memorandum of cross objections before Tribunal? – Question 19 – Draft-Bills-Reports – Appeals, Review and Revision in GST – FAQ on GST dated 21.9.2016 based on Draft

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Question 24 – Draft-Bills-Reports – Transitional Provisions – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 24 – Q 24. Where goods (including capital goods) belonging to the principal are lying with the agents on the appointed day, will the agent be able to take ITC on the same? Ans. The agent can take such credit on fulfilment of the following conditions:- The agent is a registered taxable person in GST; Both the principal and the agents declare the details of stock lying with

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =