GST CREDIT ON OPENING STOCK

GST CREDIT ON OPENING STOCK
Query (Issue) Started By: – RAJESH CHANANA Dated:- 12-6-2017 Last Reply Date:- 12-6-2017 Goods and Services Tax – GST
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GST
Dear Experts
We are importing Goods which are used for manufacture of final products on which we are taken CENVAT credit on Excise duty, & SAD. We are also importing trading goods by separate Invoice & Bill of Entry and not taking any credit on CENVAT. However we take refund of SAD on goods sold in trading.
Now my quest

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Tarpaulin: Shed over the head, burden on the pocket

Tarpaulin: Shed over the head, burden on the pocket
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 12-6-2017

India is moving quickly towards the biggest tax reform Goods and Services Tax (GST). The GST Council fixed tax rates on of 1211 items, most of which will likely become cheaper as the new rates will be lower than the current effective levies. Though the reaction from the public at large is quite satisfactory however there have been few places where there might be hardships due to the rates so decided.
One such good is tarpaulin. Tarpaulin falls under the Chapter head 3926. The said good was leviable to Excise duty at the rate 12.5% and VAT at the rate of 5% summing to a total of 17.5%. However under the GST l

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They are a staple around the farm and house particularly if one lives in an area prone to rain, or extreme weather.
The GST Rate Schedule for Goods released recently as per the discussions on rates for various commodities in the GST Council Meeting held on 18th May, 2017 prescribes the GST rate of 28% for 'other articles of plastics and articles of other materials of headings 3901 to 3914' thereby indicating that the residuary entry pertaining to tarpaulin sheets will also be classifiable under highest slab rate of GST. The tarpaulin users will face immense hardship if their product is liable for 28% GST because the product is not a luxury item and rather the product is meant for lower income groups and is essentially used in transportatio

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INTERPRETATION OF CENTRAL GOODS AND SERVICES TAX (CGST) ACT (PART-9) (Meaning of Important Terms)

INTERPRETATION OF CENTRAL GOODS AND SERVICES TAX (CGST) ACT (PART-9) (Meaning of Important Terms)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 12-6-2017

This part of the series contains meanings of certain terms covered in Section 2 of the CGST Act, 2017. These are Non-resident Taxable Person, Output Tax, Outward Supply, Person, Place of Business, Principal Place of Business and Principal Supply.
Non-resident Taxable Person [Section 2(77)]
'Non-resident taxable person' means any person who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India.
Not resident taxable person has no fixed place of business or residence in India. Such person occasionally undertakes transactions of supply of goods or services or both, as agent or principal or in any other capacity.
It is important to note that the feat

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efined separately under IGST law. Output tax is the tax liability payable under CGST Act on the supply of goods and services made by a taxable person.
It is important to note that even though tax on reverse charge basis is also payable by a taxable person but payment of such tax will not be considered to be output tax.
Outward Supply [Section 2(83)]
'Outward supply' in relation to a taxable person, means supply of goods or services or both, whether by sale, transfer, barter, exchange, licence, rental, lease or disposal or any other mode, made or agreed to be made by such person in the course or furtherance of business.
The term ' outward supply' in relation to a person has been defined to mean :
* supply of goods and / or services,
* whether by sale, transfer, barter, exchange, license, rental, lease or disposal,
* made or agreed to be made by such person,
* in the course or furtherance of business,
* but excludes the cases where the tax is payable on reverse char

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st; and
* every artificial juridical person, not falling within any of the preceding sub-clauses.
'Person' would therefore, include both, natural persons as well as artificial juristic persons.
Place of Business [Section 2(85)]
'Place of business' has been defined as an inclusive definition and it includes –
* a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, provides or receives goods and/or services; or
* a place where a taxable person maintains his books of account; or
* a place where a taxable person is engaged in business through an agent, by whatever name called.
Place of business would include the following places :
* place from where business is ordinarily carried on,
* warehouse,
* godown,
* any other place used for storing goods or place to provide or receive goods or services by taxable person,
* place where books of accounts are mainta

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or a place of business to be a 'principal place of business', following conditions are essential –
* It should be a place of business
* It should be specified as such in registration certificate
* Taxable person should keep and maintain the accounts and records
Principal Supply [Section 2(90)]
'Principal Supply' means the supply of goods or services which constitutes the predominant element of a composite supply and to which any other supply forming part of that composite supply is ancillary.
The term 'principal supply' needs to be read in reference to 'composite supply'. As composite supply consists of two or more than two goods and / or services, one of such will be principal supply and other goods and / or services will be termed as ancillary supply.
In the case of composite supply, the rate of tax is determined in reference to rate of tax applicable on principal supply constituted in the contract of composite supply.
Principal supply in a case of

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how to furnish details of interplant transfer in returns

how to furnish details of interplant transfer in returns
Query (Issue) Started By: – Ramakrishnan Seshadri Dated:- 12-6-2017 Last Reply Date:- 15-6-2017 Goods and Services Tax – GST
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GST
Dear Experts,
Good Morning to all.
We registered ourselves with gst.
We have 5 plants with different excise registration number.
But our Pan no and vat no is one.
Hence we have provided only one registration number under gst.
Now our question is how to upload the interplant transf

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Changes in IEC with the introduction of GST-regd.

Changes in IEC with the introduction of GST-regd.
Trade Notice No.09/2018 Dated:- 12-6-2017 Trade Notice
DGFT
No.01/93/180/04/AM-18/PC-2(B)
Government of India
Ministry of Commerce & Industry
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi
Dated 12.06.2017
Trade Notice No. 09
To
1. All IEC holders/applicants
2. All EPCs / All Chambers of Trade and Industries
3. FIEO/ASSOCHAM/CII
4. All RA's of DGFT
5. All field formations of Customs
Sub: Changes in IEC with the introduction of GST-regd.
The Foreign Trade (Development & Regulation) Act, 1992 provides that no person shall make any import or export except under an Importer Exporter Code (IEC) number, granted by the Director General of Foreign Trade or th

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older. As GSTIN will be used for the purposes mentioned above, it thereby assumes importance as identifier at the transaction level. In view of this, it has been decided that importer/exporter would need to declare only GSTIN (wherever registered with GSTN) at the time of import and export of goods. The PAN level aggregation of data would automatically happen in the system.
3. Since obtaining GSTIN is not compulsory for all importers / exporters below a threshold limit of turnover, all exporters / importers may not register with GSTIN [barring compulsory registration in certain cases as provided in section 24 of the Central Goods and Services Tax Act, 2017 (12 of 2017) or in cases where either credit is claimed of IGST], therefore, GSTIN c

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P 2015-20, the IEC will be either UIN issued by GSTN and authorized by DGFT or any common number to be notified by DGFT.
5. Further, for the existing IEC holders, necessary changes in the system are being carried out by DGFT so that their PAN becomes their IEC. DGFT system will undertake this migration and the existing IEC holders are not required to undertake any additional exercise in this regard. IEC holders are required to quote their PAN (in place of existing IEC) in all their future documentation, w.e.f. the notified date. The legacy data which is based on IEC would be converted into PAN based in due course of time.
(S.P. Roy)
Joint Director General of Foreign Trade
Telefax: 23062240
E-mail: shyama.roy@nic.in
Circular, Trade

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Input credit on telecommunication towers – Reg

Input credit on telecommunication towers – Reg
Query (Issue) Started By: – CMA VENKATESHAM MUTA Dated:- 11-6-2017 Last Reply Date:- 11-6-2017 Goods and Services Tax – GST
Got 1 Reply
GST
As per my understanding, ITC is eligible for telecommunications tower subject to some condition :
1) upto 1/3rd of total ITC in the FY in which goods recd
2) upto 2/3rd of total ITC, including credit availed in the first FY, in the succeeding FY
3) balance in, any subsequent FY.
The above is as pe

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Minutes of the 16th GST Council Meeting held on 11th June 2017

Minutes of the 16th GST Council Meeting held on 11th June 2017
16th GST Council Meeting Dated:- 11-6-2017 GST Council – Minutes
GST
Minutes of the 16th GST Council Meeting held on 11th June 2017
The sixteenth meeting of the GST Council (hereinafter referred to as 'the Council') was held on 11 June, 2017 in Vigyan Bhawan, New Delhi under the Chairpersonship of Hon'ble Finance Minister, Shri. Arun Jaitely. The list of the Hon'ble Members of the Council who attended the meeting is at Annexure-1. The list of officers of the Centre, the States, the GST Council, the Goods and Services Tax Network (GSTN) who attended the meeting is at Annexure 2.
2 The following agenda items were listed for discussion in the 16th meeting of the Council:-
1. Confirmation of the Minutes of the 15th GST Council Meeting held on 3 June 2017
2. Approval of amendments to draft GST Rules (details to be informed subsequently)
3. Rate adjustments, if any, based on representations received from Trade an

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e used by common people') with the following version: 'Handloom fabrics and handicraft goods were exempt in Odhisha. Livelihood of more than 3.5 lakh artisan families depended on it. Handloom product were not only in demand outside the State, but were also used by the common people. He stated that he was in favour of exempting handloom fabrics and sarees.' The council agree to record this version in the Minutes.
(ii) In paragraph 9.8. 12, to replace the version recorded in the Minutes ('the Hon'ble Minister from Odisha supported this proposal and stated that tax on zari would affect the Iivelihood of artisans') with the following version: 'The Hon'ble Minister from Odisha supported this proposal and stated that tax on handicrafts would affect the livelihood of artisans'. The Council agreed to record this version in the Minutes.
(iii) In paragraph 9.9.2, to replace the version recorded in the Minutes ('The Hon'ble Minister from Odisha stated that his State was tendu leaf bearing State

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4.1.2. The Secretary informed that there was a typographical error in paragraph 10(i) of the Minutes and a corrigendum was circulated in the Meeting today to replace the decision recorded therein ('to put cereals, pulses and flour put up in unit container and bearing a registered brand name in the exempt category instead of the proposed rate of 5%') with the following: 'to cereals, pulses and flour put up in unit container and bearing a registered brand name the rate of 5% instead of keeping them in the exempt category'. The Council agreed to the proposed replacement in paragraph 10(i) of the Minutes.
4.1.3. The Secretary stated that during the officers' meeting held in the morning today, Shri Raghwendra Kumar Singh, Commissioner, Commercial Taxes (CCT), Madhya Pradesh, had pointed out that in paragraph 9.10.4 of the Minutes, the statement attributed to the Hon'ble Minister from Madhya Pradesh regarding expressing a preference for taxing gold at the rate of 5% was actually made by the

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s as recorded below: –
5.1. In paragraph 9.8.8, to replace the version of the Hon'ble Minister from Odisha with the following version: 'Handloom fabrics and handicraft goods were exempt in Odisha. Livelihood of more than 3.5 lakh artisan families depended on it. Handloom products were not only in demand outside the State, but were also used by the common people. He stated that he was in favour of exempting handloom fabrics and sarees.'
5.2. In paragraph 9.8.12, to replace the version of the Hon'ble Minister from Odisha with the following version: 'The Hon'ble Minister from Odisha supported this proposal and stated that tax on handicrafts would affect the livelihood of artisans'.
5.3. In paragraph 9.9.2, to replace the version of the Hon'ble Minister from Odisha with the following version:' The Hon'ble Minister from Odisha stated that the rate of tax of tendu leaf in Odisha was 5% and tax rate on Bidi was 10%. His State being a tendu leaf bearing State, he suggested to keep the rate

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a: 'The Hon'ble Chairperson observed that the officers of the Central Government and the State Governments should sit together and take a view on the issue.'
Agenda Item 2 : Approval of amendments to draft GST Rules and related Forms (i) :Accounts and Records Rules; (ii) Accounts and Records Forms:
6.1. Introducing this Agenda item, the Secretary stated that the draft GST Rules on Accounts and Records were put in the public domain for comments of the stakeholders. He stated that based on the comments received, the Law Committee of Officers had suggested certain changes to the Rules. He added that two additional changes were proposed during the meeting of officers of the Central Government and the State Governments held on 11 June, 2017 and these were circulated in writing to the Hon'ble Members of the Council just before the start of the Meeting. He invited Shri Upender Gupta, Commissioner (GST Policy Wing), CBEC, to brief the Council about the changes proposed. The Commissioner (GS

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ng into account the representations received, it was now proposed that log of changes need not be maintained for those changes which were for correcting mistakes of clerical nature.
(iv) It was proposed to make an addition in sub-rule (16) of Rule 1 to provide that where accounts and documents were maintained manually, these would be kept at every related place of business mentioned in the certificate of registration and if these were maintained electronically, they shall be accessible at every related place where these were maintained digitally.
(v) The Law Committee of Officers had proposed to delete sub-rule (3) of Rule 2 which provided that a registered person, would on demand, produce accounts of the audit trail and interlinkages, including the source documents, whether paper or electronic, and the financial accounts, record layout, data dictionary and explanation of codes used. However, during the meeting of officers of the Central Government and the State Governments on 11 Jun

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d related Forms on Accounts and Records including the changes made therein.
7. For agenda item 2, the Council approved the GST Rules on Accounts and Records and the related Form along with the amendments proposed by the Law Committee of Officers and during the officers' meeting held just prior to the Council meeting on 11 June 2017 as enumerated at 7aragraph 6 above.
Agenda Item 3: Rate adjustments, if any, based on representations received from Trade and Industry:
Discussion on GST rates for goods:
8.1. Introducing the above agenda item, the Secretary recalled that during the 15th Meeting of the Council (held on 3 June, 2017), it was decided that all representations regarding reduction in rates were to be submitted within a day or two of the conclusion of the 15th Council Meeting, and these were to be considered by the Fitment Committee and its recommendations were to be placed before the Council in its next Meeting. He informed that the Fitment Committee met on 7-8 June, 2017 a

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place before the Council a general point relating to small scale industries. He stated that in Delhi, 90% of units in sectors like footwear, toys, electrical fittings and plastic goods had a turnover below Rs. 1.5 crore and due to Central Excise exemption, they paid lower rate of tax than the present rate slabs of 18% to 28% recommended by the Council. He stated that this would adversely affect the 'Make in India' campaign. He added that keeping this in mind, he would suggest certain changes in tax rates during discussion on individual items. The Hon'ble Minister from Telangana stated that a large number of small and medium enterprises (SMEs) in his State had a turnover below Rs. 1.5 crore. He stated that the marble industry was very big in his State, which as exempt from Central Excise duty up to a turnover of Rs. 1.5 crore and it was now proposed to be taxed at the rate of 28%. He stated that there were several cheap varieties of marble slabs costing between Rs. 10 and Rs. 15 per sq

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had the choice not to opt for the Composition scheme. The Secretary invited comments from the officers as well. The Hon'ble Chairperson stated that discussion on this subject should also cover the revenue aspect.
8.4. Shri R.K. Tiwari, Additional Chief Secretary (ACS), Uttar Pradesh, stated that his State had a large number of SMEs falling within the annual turnover of Rs. 1 crore and if all of them opted for Composition scheme, they would suffer a very large-scale revenue loss to the tune of about Rs. 5.000 crore. The Hon'ble Deputy Chief Minister of Gujarat stated that his State also had a very large number of SMEs. He proposed to increase the turnover limit for Composition scheme to Rs. 75 lakh so that loss of revenue to the Government was comparatively less and suggested to keep the rate of tax at 2%. Dr. P.D. Vaghela, CCT, Gujarat stated that originally, they had opposed the proposal to extend the benefit of Composition scheme to manufacturers as this could lead to evasion of ta

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ted that the small-scale industries would be adversely affected as no Central Excise duty was presently charged on the units with a turnover upto Rs. 1.5 crore. The Secretary stated that States were charging VAT on all units with turnover of more than Rs. 10 lakh and except for three States, Composition scheme for manufacturers was to be extended for the first time in the other States.
8.6. The Hon'ble Minister from Rajasthan stated that there was a mistake in calculation of total tax incidence on granite and marble. He observed that marble was not a luxury item and its price ranged from Rs. 15 per square feet to Rs. 1,500 per square feet and there were mostly small suppliers of marble. He added that marble was a labour intensive sector which provided employment to lakhs of people and mostly MSME units with turnover of less than Rs. 1.5 crore are engaged in this and they are not liable to pay excise duty. He suggested that marble should be taxed at the rate of 18% instead of 28%. He a

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h turnover above Rs. 10 lakh were paying VAT, and hence there was justification to levy some tax on them. He suggested that the turnover limit for Composition scheme could be kept at Rs. 75 lakh. He observed that if the scheme of Composition was extended to units having annual turnover upto Rs. 1 crore, the rate of tax under the Composition scheme could be tweaked but if the turnover limit for Composition was kept at Rs. 75 lakh. then the present rate of tax could be maintained. He observed that it was important to safeguard the SME sector as they had made an investment of Rs. 1.000 crore in this sector which gave employment to about 6,000 workers.
8.7. The Hon'ble Minister from Kerala stated that the turnover limit for Composition scheme should be increased to Rs. 1 crore and the rate of tax under the Composition scheme could be increased for various segments: for traders 2%, for manufacturers 3% and for restaurants 5% but have differentiated rate of tax between air-conditioned and n

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would differ from State to State and data was needed to analyse gains and losses to different States. The Hon'ble Minister from Haryana agreed with the observations of the Hon'ble Minister from Jammu & Kashmir and stated that there was a need to protect SMEs to generate employment but it was equally important to arrive at a rational limit for availing Composition. He suggested that an officers' committee could examine this issue further.
8.8. The Hon'ble Chief Minister of Puducherry stated that the impact of increasing the turnover threshold for as availing Composition scheme would need to be examined and to be placed before the Council. He observed that if a dealer had a daily turnover of Rs. 15,000, he would cross the threshold of Rs. 20 lakh and would start paying tax. He observed that 28% tax rate for hotels with room rent above Rs. 5000 per night would affect the business of hotels and suggested that hotels with rent between Rs. 5,000 and Rs. 10,000 per night should be charged a

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for manufacturers was fixed as a thumb rule, rather than after any scientific analysis. He pointed out that if all manufacturers got the benefit of the Composition scheme. then Gujarat would lose about Rs. 150 crore of revenue from ice cream manufacturers alone as their input, namely, milk was exempt from tax whereas ice cream was taxed at the rate of 28%. He informed that his State had worked out a GST rate for composition for different manufacturing sectors but after discussion, it was felt that this would not be viable. He stated that revenue of the States of North-East would be hit very hard if all manufacturers were allowed to come under the Composition scheme. The Secretary stated that a negative list of industries that would not be extended the benefit of Composition scheme would be prepared. The CCT, Gujarat, informed that they had already prepared such a list. The Hon'ble Deputy Chief Minister of Gujarat suggested that it would be desirable to discuss first the negative list o

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nufacturing units which were presently paying VAT would bring down the effective rate of taxation from the present about 10% (VAT rate 14.5% minus input tax credit roughly at the rate of 4%) to 2%. He also expressed an apprehension that this gave an opportunity to the units to split their books of account. He further stated that if the Composition limit was increased to Rs. 1 crore, their State would suffer a loss of revenue of about Rs. 7,000 to Rs. 10,000 crore. He suggested that if the turnover limit under the Composition scheme was proposed to be increased to Rs. 1 crore, the Composition rate for manufacturing units should be fixed at the rate ranging from 7% to 10% to make the rate revenue neutral.
8.11. The Hon'ble Deputy Chief Minister of Delhi pointed Out that for manufacturers of goods like electrical fittings, footwear and toys, there was strong competition from goods imported from China. Even a slight increase in the rate of tax would make them uncompetitive vis-à-vi

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f Composition would normally be availed by those units which directly sold their products to consumers.
8.12. The Secretary invited Shri Prakash Kumar, Chief Executive Officer (CEO), Goods and Services Tax Network (GSTN), to present the data available with GSTN on the Composition dealers. The CEO, GSTN. stated that he had sought data on the Composition dealers from the States one year back and the data was received from 10 States. He stated that as per the data, the Composition dealers as a percentage of the total dealers and the threshold for composition dealers (in brackets) were as follows: Andhra Pradesh – 36% (Rs. 50 lakh); West Bengal -22% (Resellers – Up to Rs. 50 lakh and Works Contractors – Unlimited; Karnataka – 8% (Hoteliers – Rs. 25 lakh and Contractors – No limit); Maharashtra – 4% (Restaurant, Caterers, Eating houses, etc/Second hand Motor Car Dealers – No turnover limit, Bakers – First Rs. 50 lakh and Retailers – Previous Year turnover should be less than Rs. 50 lakh an

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ioned by the Principal Secretary from Uttar Pradesh) translated to 4.35%. If embedded Central Excise duty on the products were added to the tune of about 4%-5% even on a conservative estimate, the tax incidence on this category of tax payers on a compounding basis pre-GST came to 8%-9%. He further mentioned that against this, the Council had already approved a Compounding rate of 2% on taxpayers with turnover below Rs. 50 lakh. Any further increase in threshold for compounding along with the fact that compounding option encouraged taxpayers to split up their units, as the Hon'ble Deputy Chief Minister of Gujarat mentioned, could have serious adverse revenue implications.
8.14. The Hon'ble Minister from Chhattisgarh stated that in order to increase employment in the States. 10 year Sales Tax holiday for large industries was part of the industrial policy of almost all States. Under the GST regime too, to encourage industrial investment, many States were planning to reimburse SGST portio

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he turnover limit for Composition was increased to Rs. 75 lakh, the revenue loss would not be much. He stated that keeping in view the fact that all inter-State suppliers would be outside the scheme of Composition and the method of calculation of turnover was based on all-India aggregate turnover of persons having the same Permanent Account Number (PAN), increasing the turnover limit for Composition scheme to Rs. 1 crore annually would not affect the revenue much. He pointed out that the limit of Rs. 50 lakh turnover for Composition scheme as set in 2006 and keeping in view the inflation, there was justification to increase this turnover limit to Rs. 75 lakh or Rs. 1 crore. The Hon'ble Minister from Telangana suggested to make a Committee of officers to assess the gains and losses. He supported the view of the Hon'ble Minister from Goa that employment was a very important issue and for this, States were already giving subsidies on power, water and land.
8.15. The Hon'ble Chairperson o

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rs at the rate of 3%-4%. The Hon'ble Chairperson stated that rough calculation indicated that products in the 28% rate slab would, in terms of revenue, break even if the Composition rate was fixed at 5% and products in the 18% rate slab would break even, if the Composition rate was fixed at 3%. The Hon'ble Minister from West Bengal stated that this could be a sensible approach but it could lead to complications in the tax regime.
8.16. The Hon'ble Chairperson observed that as rates were prescribed in the law (Section 10 of the CGST Act and the SGST Acts), changing the rate of Composition would require amendment in the law which was not possible at this stage. He, therefore, suggested to only increase the annual turnover threshold for Composition from Rs. 50 lakh to Rs. 75 lakh and to keep the rates unchanged. The Secretary stated that on a rough calculation, taking into account items in the 18% rate slab, on which there was no Central Excise duty and 9% VAT, an annual turnover limit o

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he Hon'ble Deputy Chief Minister of Gujarat also stated that there should be a negative list of manufacturers who would not be allowed to avail the Composition scheme. The ACS, Uttar Pradesh, stated that only smaller SMEs should be kept under the Composition scheme and the bigger ones should come under the normal system of taxation with input tax credit and audit. He pointed out that under the Composition scheme, the raw materials also went out of the audit trail. He observed that for new units under the SME sector, a provision could be made to refund VAT and this would maintain the sanctity of accounts. He observed that the Composition scheme was distortionary and it should not be allowed for the larger units. The CCT, Gujarat, also observed that the Composition scheme was distortionary and did not permit an audit trail. He suggested that States could give incentive to SMEs through Direct Benefit Transfer (DBT) route. The Hon'ble Minister from West Bengal observed that if the annual t

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spectacles and cashew nut. He also commended the decision to levy tax on Textiles at a uniform lower rate of tax. He reiterated that handloom textiles, roasted gram locally known as “fried gram”, sago, sea shells and handicraft items made from them, hand-made jewellery made by goldsmiths from the economically weaker sections and fishnet and fishnet twine should be Nil-rated; water sold in Refill Cans (bubble top) and small plastic pouches, curry, other spices and mixture of spice powder known as masala powder, unbranded biscuits, bidi, concrete blocks/bricks, and films made in the local language of the State should be taxed at a lower rate: unbranded sugar confectionery, pickles, power driven pumps, fly ash bricks and rate of tax for supply of food and drinks in restaurants without air-conditioning should be brought down to 5%; frames and mountings for spectacles, and attachments of tractors should be taxed at 12%; cess should be restricted to Motor Cycles above 500 cc; and wet grinde

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em 3 and the discussion on the same is recorded as below:
(i) Pasta, Macaroni (SI. No. 14 of the List): The Hon'ble Minister from Uttarakhand stated that pasta and macaroni should not be taxed at the rate of 18% as they were made from maida and the procedure was almost similar to that for sewiyan which was to be taxed at the rate of 5%. Shri Alok Shukla, Joint Secretary (TRU-l), CBEC, stated that the present incidence of tax on pasta and macaroni was about 23% and these goods were already recommended to be taxed at a lower rate of 18%. The Council agreed not to change the already approved rate of tax for pasta and macaroni at the rate of 18%.
(ii) Cakes: The Hon'ble Minister from Goa stated that when mithai was to be taxed at the rate of 5%, cakes should also be taxed at the rate of 5% as it was made at every home in Goa. Shri Anurag Goel, CCT, Assam, stated that cakes made at home would be Nil rated and if the tax rate was reduced, the benefit would go to the bakery industry which w

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material and the finished goods could be absorbed and the entire tax could be paid through input lax credit. He added that if tax rate was reduced to 5%, fishnet would get imported in large quantities. The Hon'ble Chairperson stated that fishnet manufacturers would get input tax credit on raw material which was also proposed to be taxed at the rate of 12%. The Council agreed not to change the already approved rate of tax of 12% for fishnet.
(iv) Farsan (SI. No. 24 of the List): The Hon'ble Minister from Maharashtra suggested to tax farsan at the rate of 5% at par with the rate of tax for sweets. The Joint Secretary (TRU-l), CBEC, stated that the present incidence of tax on farsan was more than 12%. The Council agreed not to change the already approved rate of tax for farsan at the rate of 12%.
(v) Malt (SI. No. 10 of the List): The Hon'ble Minister from Haryana pointed out that the present incidence of tax on malt was about 29.58% whereas the proposed rate of tax under GST was 18% an

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t was felt that in order to avoid the scope for mis- declaration and duty evasion, a uniform rate of 28% could be kept on these goods. The Council agreed not to change the already approved rate of tax for these goods at the rate of 28%.
(vii) Other Dry Fruits and Nuts (SI. No. 8 of the List): The Hon'ble Minister from Uttar Pradesh stated that since cashew nut was being taxed at the rate of 5%, singhada and makhana should not be taxed at the rate of 12%. He further stated that as it was consumed by people during fasting, it was exempt from VAT and proposed that it should also be exempted under GST. The Secretary raised a question whether these goods would fall in the category of dry fruits and the ACS, Uttar Pradesh, clarified that they would fall in this category. Joint Secretary (TRU-l), CBEC clarified that fresh singhada (chestnut) was classifiable under HS 0802 and was at 0% rate of tax whereas dried singhada (chestnut) was to be taxed at the rate of 12%, as in the case of other d

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5% under Chapter 9. The Council agreed to this proposal.
ix Instant Coffee (SI. No. 17 of the List): The Hon'ble Chief Minister of Puducherry observed that 28% rate of tax on instant coffee was too high. The Secretary explained that such coffee was sold only by multinational brands and the benefit of lower tax rate might not get passed on to the consumers. He further clarified that coffee powder other than instant coffee was to be taxed at a lower rate of 5%. The Council agreed not to change the already approved rate of tax for instant coffee at the rate of 28%.
(x) Fruit and vegetable items and other food products; Pickles, Murabba, Chutney: Ketchup and Sauces (SI. No. 15, 16 & 18 of the List): The Hon'ble Minister from Uttarakhand stated that the tax on these goods was proposed to be lowered from 18% to 12% but in order to encourage reprocessing of agricultural products, they should be taxed at a still lower rate of 5%. He stated that fruits worth crores were lost every year in Ind

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es. The Council agreed to this proposal.
(xii) Granite Slabs (SI. No. 29 of the List): The Hon'ble Minister from Telangana stated that presently there was only 2% CST (Central Sales Tax) on granite slabs and levying 28% tax on them was too high. He stated that lakhs of people were employed in this sector and the cost of slabs varied from Rs. 16 per square feet to Rs. 80 per square feet. He suggested to reduce the rate of tax on granite slabs. He further stated that the present incidence of tax on granite slabs was only about 16.32%. and therefore, it should be taxed at the rate of 12%. The Hon'ble Minister from Karnataka stated that it was ironic that on a luxury consumption item like granite slab, there was no Central Excise duty. He added that there could be evasion of tax if the rate of tax was kept at 28%. The Secretary stated that evasion was earlier possible due to lower rate of CST at 2% but now all suppliers of this good supplying inter-State would be required to pay tax at th

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at rate of medicines had been generally reduced and the rate of tax on insulin should also be reduced from the proposed rate of 12%. The Hon'ble Deputy Chief Minister of Gujarat stated that a very large number of people used insulin and it should be taxed at the rate of 5%. He added that since tax on dental wax was proposed to be reduced from 28% to 18%, tax on insulin should also be reduced from 12% to 5%. The Hon'ble Ministers from Maharashtra and West Bengal supported this proposal. The Secretary suggested that insulin formulations of all types could be taxed at the rate of 5%. The Council agreed to tax insulin of all types at the rate of 5%.
(xiv) Bio gas (SI. No. 31 of the list): The Hon'ble Minister from Haryana suggested that bio gas should be kept in the exempt category like e-vehicle. The Secretary stated that the rate of tax on bio gas plants was kept at par with other renewable energy devices such as wind and solar energy and thus, a tax rate of 5% on bio gas would enable p

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ble. The Hon'ble Minister from Telangana stated that the current incidence of tax on granite slabs was about 16.32% and enquired why it was proposed to be taxed at the rate of 28%. The Joint Secretary (TRU-l), CBEC, stated that the rate of tax on granite and marble tiles was 28%, and therefore, the intermediate products i.e. the granite and marble slabs were also kept in the tax bracket of 28%. He further clarified that the issue was deliberated during the 14th Council meeting (held on 18-19 May, 2017)and after discussion, it was decided to prescribe a uniform tax rate of 28% on marble slabs as well as granite slabs to avoid misclassification and disputes. The CCT, Assam, stated that the revenue for his State would be affected lithe tax rate 'as reduced from 28%. The Council agreed not to change the already approved rate of tax for marble slabs and granite slabs at the rate of 28%.
(xvi) Mineral Water (SI. No. 27 of the List): The Hon'ble Minister from Tamil Nadu stated that water was

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evasion of tax if more rate slabs were kept. The ACS, Uttar Pradesh, supported the proposal to keep the same tax rate on mineral water supplied in different forms. The Hon'ble Minister from Jharkhand observed that very few people drank mineral water and suggested to increase the tax rate to 28%. After discussion, the Council agreed not to change the already approved rate of tax for mineral water at 18%.
xvii Children's picture, drawing or coloring books (SI. No. 57 of the List): The Hon'ble Minister from Jharkhand suggested that the tax on these items should be reduced from the proposed rate of 12% to 5% as it was meant for use by children. The Hon'ble Minister from West Bengal stated that it would be bad optics to tax these goods at the rate of 12% and the Council should not be seen to be taxing coloring books for children at a high rate. The Secretary stated that if tax was lowered, the producers of these goods would become eligible to claim refund on the input tax credit on paper

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Corrective Spectacles and Flint Buttons (Sl No. 49 & 67 of the List): The Hon'ble Deputy Chief Minister of Delhi stated that manufacturers of spectacle cases were small entrepreneurs and instead of taxing them at 28%, it would be desirable to tax them at the rate of 12%, particularly when glasses for corrective spectacles were proposed to be taxed at the rate of 12%. The Joint Secretary (TRU-I), CBEC stated that the present incidence of tax on the spectacle cases was around 29.58% and that the manufacturers would get credit of tax paid on inputs. He suggested that no rate rationalization was required. The Council agreed not to change the rate of tax on spectacle cases proposed at the rate of 28%.
(xix) Ply board (Particle board, fiber board) and Plywood (SI. No. 53 of the List): The Hon'ble Minister from Kerala stated that ply boards made of agro-waste products and other particle boards were competitive products, and therefore, there should be no rate differential between them. The S

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rd, etc. He also observed that it was a labour intensive industry, was presently in the Compounding scheme and did not have much input tax credit. He pointed out that if malt was to be charged at the rate of 18% on the consideration that it was an intermediate product, then ply board should also be considered as an intermediate product used in making houses, furniture, etc. The Hon'ble Minister from Punjab supported the view of the Hon'ble Minister from Haryana. The Secretary stated that ply board was in the nature of finished goods. The Hon'ble Minister from Kerala stated that rubber wood based board (at SI. No. 51 of the List) should be treated as plywood as they were competitive products. The Hon'ble Minister from Jammu & Kashmir stated that if rate of tax on goods was to be based on goods of special importance in various States, then this %as akin to going back to the VAT regime. The Hon'ble Chairperson stated that if rate was to be reduced on a large number of goods, then one woul

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ts was very high and reduction in rate of duty would lead to a loss of revenue of about Rs. 5,000-10.000 crore. He suggested that any lowering of rate could be considered after observing the revenue trend. The Hon'ble Chairperson observed that the current incidence of tax on these products was about 29.58%. The Council agreed to keep the rate of tax for these products at 28%.
(xxi) Kites (SI. No. 56 of the List): The Hon'ble Minister from Jharkhand stated that there was no justification to tax kites at the rate of 5% as it was not a mass consumption item and today kite flying was limited to some specific festival. In this view, he suggested to tax it at a higher rate. The Hon'ble Deputy Chief Minister of Gujarat stated that in his State, all sections of society, including the poor, flew kite during the festival season and it was also manufactured by the poor artisans and so the proposed rate of 5% was justified. The Council agreed to keep the rate of tax for kite at 5%.
(xxii) Human

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demanded by at least five States. The Secretary stated that the volume of sale of ply board was very high and there would be substantial revenue loss if rate of tax on ply board was reduced. The Council agreed to keep the rate of tax for human hair dressed, thinned, bleached or otherwise worked at Nil.
xxiii Bamboo based products (SI. No. 50 of the List): The Hon'ble Minister from Kerala suggested that rate of tax on bamboo based products should be reduced. The Joint Secretary (TRU – I). CBEC stated that the present incidence of tax on these products was about 18.65%. After discussion, the Council agreed to keep the rate of tax for bamboo based products at 18%.
(xxiv) Coir mats, matting and floor covering (SI. No. 58 of the list): The Hon'ble Minister from Kerala suggested that the products coming from handloom industry should be exempted and the other categories of coir mats, etc. should be taxed at the rate of 5%. The Secretary stated that handloom was made across various sectors

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stations located in his State and these thermal power stations had to spend money to dispose of fly ash, The Secretary stated that the Fitment Committee had recommended a tax rate of 18% which had already been reduced to 12% during the 14th Council Meeting(held on 18-19 May, 2017) and requested not to reopen this issue. The Hon'ble Chairperson stated that there was no strong justification to further reduce the tax rate on fly ash bricks. The Council agreed to keep the rate of tax for fly ash brick, along with fly ash blocks at 12%.
(xxvii) Electric Conductors not exceeding 1000 V; Electric Wires and Cables Industrial (SI. No. 105, 106 and 109 of the List): The Hon'ble Minister from Bihar suggested that the rate of tax on electric conductors and electric wires and cables for industrial use should be reduced from the presently proposed rate of 28% as these goods were used for village electrification and increase in price of these goods would cause higher financial burden to the States.

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ding 4011 (tyres and tubes) and in Chapter heading 8708 (parts and accessories of motor vehicles) and other parts, including engines, were proposed to be taxed at the rate of 28% in order to avoid misclassification and duty evasion. The Hon'ble Chief Minister of Puducherry stated that when the rate of tax on fixed speed diesel engines (SI. No.74 of the List) was reduced from 28% to 12%, there was no justification to levy tax on tractor engines at the rate of 28%. The Secretary clarified that for the sake of parity, the rate of tax on submersible pumps and fixed speed diesel engines of up to 15HP was kept at 12%. He further pointed out that tractor engines would get full input tax credit and would be eligible for refund of input tax credit because the final goods, namely, tractors were charged to tax at the rate of 12%. After further discussion, the Council agreed not to further reduce the rate of tax on these goods.
(xxix) PIiuI-jhadoo (SI. No. 130 of the List): The Hon'ble Deputy Chi

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n'ble Minister from Kerala stated that the proposed 28% rate of tax on bamboo furniture was prohibitively high and this would affect the producers of North-Eastern States. The Hon'ble Minister from Maharashtra stated that the Government of India had been encouraging bamboo products and the rate of 28% was too high. He added that China had developed bamboo furniture on a large scale and India should also encourage the same. The Hon'ble Chairperson suggested that the rate of tax on bamboo furniture could be brought down to 18% from 28%. The Council agreed to this suggestion.
(xxxii) Hybrid cars: The Hon'ble Minister from Karnataka stated that due to imposition of 15% Compensation Cess on large hybrid cars, the rate of tax under GST would become higher than the present incidence of tax on hybrid cars. He stated that this could not be the intention of the Council and not fair to penalize an environment friendly good. The Secretary stated that a detailed note on costing of hybrid cars woul

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ould be  discussed during the next meeting of the Council.
(xxxiii) Molasses: The Hon'ble Minister from Karnataka stated that they had concerns on the rate of tax on molasses and invited the CCT, Karnataka, to explain the issue. The CCT, Karnataka, stated that under the VAT regime, the tax paid on molasses was set off against the excise duty on clearance of alcohoIic liquor for human consumption. In the GST regime, as alcoholic liquor for human consumption was out of GST, credit could not be taken for the tax paid on molasses. The Secretary stated that this kind cascading would be an issue for all commodities which were not being subsumed in GST.
(xxxiv) Textiles: The Hon'ble Minister from Punjab staled that they had sent in writing that the tax rate for man-made fibre should be 18%, for yarn 12% and for cloth 5%. The Secretary stated that man-made fibre and man-made yam were to be taxed at the rate of 18%. He stated that on fabric, 5% tax would help in the flow of credit and no

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hief Minister, Punjab stated that this distortion could be addressed by charging tax on fibre at the rate of 18%,  on yarn at the rate of 12% and on garments at the rate of 5%. The Secretary stated that Agenda Item No. 3 also included a proposal to levy 5% tax on job work services in relation to Textile yarns (other than man-made fibre/filament) and textile fabrics instead of the present rate of 18%. Alter discussion, the Council decided not to change the rates for man-made fibre and yarn.
(xxxv) Cullet and other waste and scrap of glass; glass in the mass: The CCT, Madhya Pradesh, stated that the rate of tax on these products should be reduced from 18% to 5% as presently, alcohol industry mostly used recycled bottles, which gave employment to a large number of rag pickers. He added that this also helped to reduce pollution which could be caused due to piling of scrap bottles in the environment, if they were not reused. He added that the present rate of VAT on this item varied fr

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to have a list of manufacturers who shall be ineligible for Composition scheme. However, no clear decision was taken regarding the applicability of this decision to the Special Category States:
(ii) To tax insulin formulations of all types at the rate of 5% instead of the proposed rates of 12%/5%;
(iii) to exempt tax on children's picture, drawing or coloring books instead of the proposed tax rate of 12%;
(iv) To tax bamboo furniture at the rate of 18% instead of the proposed rate of 28%;
(v) Approved the exemption from lGST on certain imports, namely, bilateral commitments between India and Pakistan/Bangladesh for regulation of bus services; technical exemption for temporary import/re-import; and to declare inter-State movement of any mode of conveyance for carrying goods or passengers or both or for repairs and maintenance as neither a supply of goods nor a supply of services.
Discussion on GST rates of tax for services:
10. Presenting the agenda item regarding rates for serv

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nformed that traders were issued Mukhya Mantri Vvapari Durghatna Beema Yojana for an amount of Rs. 5 lakh and the Government paid the entire premium and that it should be exempted from tax. The Council agreed to the proposal.
10.2. The Secretary stated that the second proposal on exemption related to services provided to Government, a local authority or a Governmental authority by way of any activity in relation to any function entrusted to a Panchayat under Article 243G of the Constitution or to any function entrusted to a Municipality under Article 243W of the Constitution. He stated that in the Officers meeting held in the morning, it had been suggested that only supply of pure service contract provided to Government, a local authority or a Governmental authority by way of any activity in relation to any function entrusted to a Panchayat under Article 243G of the Constitution or any function entrusted to a Municipality under Article 243W of the Constitution may be exempted. After d

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cil for approval. Secretary also added that since insurance schemes where 100% premium was paid by the Government have been decided to be exempted, there would be no need to separately exempt Mukhya Mantri Vyapari Durghatna Beema Yojana of Uttar Pradesh. The Council approved the proposal.
10.4. The Secretary informed that the fourth proposal on exemption related to services provided to the Government under any training programme for which total expenditure was borne by the Government. He informed that the recommendation of the Fitment Committee was to exempt services provided to the Government under any training programme provided hundred percent expenditure for training programme is borne by the Central Government or the State Government. After discussion, the Council approved the proposal.
GST Rate on job work services provided in the sectors of Textile; Diamond processing and Jewellery; and Printing of books, journals and periodicals
10.5. The Secretary stated that the appropria

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2017). it was decided to withdraw the exemption in respect of job-work services relating to textiles and cut and polished diamonds and gold jewellery and as a result, these job-work services would attract the standard rate of 18%.
10.5.1. The Secretary informed that to resolve this issue, the Fitment Committee had recommended that job work services in relation to (a) textile yarns (other than manmade fibre/filament) and textile fabrics and (b) cut and polished diamonds; precious and semi- precious stones, or plain and studded jewellery of gold and other precious metals, falling under chapter 71 of the HS Code, could be taxed at the rate of 5%. He explained that tax on job-work service charge was with reference to job charges only while tax on supply of goods was with reference to the full value of goods supplied.
10.5.2. The Secretary informed that an additional agenda note had been circulated pointing out similar difficulties for job work services in relation to printing of books,

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ulation in case of journals and periodicals and additional cost in case of books. This would also create a tax disadvantage for publishers of books, journals and periodicals who outsourced printing to job workers vis-a-vis those publishers who carried out all processes in house. This would discourage outsourcing and would be against the interest of job workers in these sectors. He added that this would also create disparity between job workers/printers who printed newspapers and those who printed books, journals and periodicals. In view of this, it had been decided in the officers meeting that like job work services in relation to printing of newspapers, job work services in relation to printing of books (including braille books), journals and periodicals, could also be taxed at the rate of 5%. He requested that the Council may approve this recommendation.
10.5.3. The Hon'ble Minister from West Bengal stated that he supported the proposed tax rate on job work for textile; diamond proc

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rm of advocates to another advocate or partnership firm of advocates or (ii) an individual advocate or a partnership firm of advocates to any person other than business entity were exempt from tax under GST regime. Services provided by an individual advocate or firm of advocates by way of legal services were under reverse charge for payment of tax. He further explained that a partnership firm did not include an LLP, but a firm of advocates was said to include LLP. Therefore, an individual advocate providing services to LLP would be taxable under reverse charge in the GST regime and legal services provided by an LLP to a business entity would also be liable to tax under reverse charge. He stated that some of the law firms had asked for putting tax liability for them in forward charge instead of reverse charge. He added that in this individual advocates are proposed to be exempted from registration under GST so that they did not face compliance burden and the liability was cast on busine

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t tax credit. He stated that the Fitment Committee had proposed to exempt individual sponsorship service providers (including players) from obtaining registration under CGST/SGST Act [section 23(2) of the CGST Act]. He stated that the justification for exemption from registration for individuals providing sponsorship service was that they would face no compliance burden and the same would be cast on business.
10.7.1. The Secretary further informed that during the Officers' meeting held today in the morning, similar concerns were raised on this proposal as in respect of the law firms and it was felt that tax on sponsorship services provided by body corporates should not be allowed under forward charge basis and it should continue to be under reverse charge. The Council approved this proposal. Council approved the proposal to exempt individual sponsorship service providers (including players) from registration but decided to maintain status quo in respect of mode of taxation of sponsors

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rate of tax at 28% (as approved by the Council) for admission to cinema theatres for all films. They did not want a carve-out for regional films as ¡t would be distortionary. Haryana wanted to continue with the tax rate of 28% for admission to cinema theatres. Uttar Pradesh did not support a lower rate for regional films and stated that if a lower rate was provided for films in regional language of the States, the benefit should also be extended to Hindi films screened in Uttar Pradesh as Hindi was the regional language in their State. The Hon'ble Minister from Odisha stated that Odia films were exempt in Odisha. He was of the view that the regional film made in the regional language should be exempt under GST to promote regional film industry.
10.8.1. During the deliberations of the Fitment Committee, the officers of the Central Government had explained that the weighted average all-India incidence of entertainment tax rates on admission to cinema theatres was about 30.8%. Furt

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f tax on regional cinema and not to have a lower rate of tax on regional cinema would tantamount to killing regional diversity. The Hon'ble Minister from Andhra Pradesh stated that there should be difference between the rate of tax for national films and regional films. He suggested that the rate of tax for regional films should be Nil. The Hon'ble Minister from Kerala suggested that tax should be imposed on all cinema tickets. The Hon'ble Minister from Tamil Nadu stated that films made in the local language of the State should be subject to a lower rate of tax. He suggested that if the rate of tax on all types of films was kept at 28% and then local bodies also imposed additional tax on the films, it would amount to double taxation and would put a very heavy burden on the public. He suggested that the tax rate on films should be kept at 12%. The Hon'ble Minister from Telangana suggested to keep the rate of tax at 12% so that local bodies could impose additional tax and get some revenu

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ds of cinema and theatre, and this should be encouraged through imposition of lower rate of tax. The Hon'ble Chief Minister of Puducherry stated that there was still some difference in the film viewing habits between rural and urban areas/population. The Hon'ble Minister from Kerala stated that he had discussed this issue with a few film organisations and they had expressed willingness to pay tax at the rate of 28% as they would be eligible for input tax credit. He proposed that for supporting regional cinema, the States could resort to Direct Benefit Transfer scheme.
10.8.3. The Hon'ble Minister from West Bengal stated that during discussion on CSD (Canteen Stores Department) in the 15th Meeting of the Council (held on 3 June 2017). ¡t was decided that the Central Government and the State Governments would equally share the burden of refunding the tax to CSD. He suggested that the same approach should be adopted in the case of regional films. The Hon'ble Minister from Karnataka

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at differential rate of tax on cinema theatre based on the ticket price would not serve the purpose of the vernacular language. The Principal Secretary, Telangana stated that the rate of 28% was optically very high and suggested to keep the rate at 18%. He stated that this would also enable local bodies to levy additional tax.
10.8.4, The Hon'ble Chairperson stated that in order to encourage cinema as a means of entertainment for middle class, it would be desirable to keep a lesser rate of tax for them whereas others could be charged tax at the rate of 28%. He suggested to charge tax at a lower rate for tickets sold below Rs. 100. The Hon'ble Minister from Kerala stated that the tax imposed at the level of the producer and the distributor would be 18%, and ¡f tax on the tinal product was 12%, then the question was as to who would bear this extra 6%. He suggested that the minimum rate of tax should be 18%. The Secretary stated that the ticket rate ¡n multiplexes was never l

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sted to a Municipality under Article 243W of the Constitution:
11.2. To exempt from tax, services provided to the Government under any insurance scheme provided hundred percent premium was paid by the Central Government or the State Government and this would also cover the Mukhya Mantri Vyapari Durghatna Beema Yojana of Uttar Pradesh;
11.3. If there were insurance schemes where Government paid part premium and if any Government wanted exemption from tax, it shall be brought before the Council for approval;
11.4. To exempt services provided to the Government under any training programme provided hundred percent expenditure for training programme is borne by the Central Government or the State Government;
11.5. To tax job work services in relation to the following services at the rate of 5%: (a) textile yarns (other than manmade fibre/filament) and textile fabrics; (b) cut and polished diamonds; precious and semi- precious stones, or plain and studded jewellery of gold and other prec

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had been placed before the Council: (i) Notification of certain sections of the GST Acts; (ii) Amendment in Rule 19 of the Registration Rules for additional method of authentication. He took up discussion on these two agenda items.
(i) Notification of certain sections of the GST Acts
12.1. The Secretary recalled that in its 15th Meeting (held on 3 Jun 2017), the Council had approved to notify with effect from 19 June 2017, the Sections of the CGST Act (as also the SGST Acts in the States where the SGST Acts were enacted) containing provisions relating to registration and composition levy. He stated that some more provisions of the CGST and the SGST Acts needed to be notified. Section 2 of the CGST Act, 2017 and the lGST (Integrated Goods and Services Tax) Act 2017 contained definitions of various terms used in the respective Acts and since some of these defined terms were used in Sections relating to registration and composition levy, these would also need to be notified with effect

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to the Government to make rules, on the recommendations of the Council, to carry out the provisions of the respective Acts. In order to notify the above mentioned nine Rules, in particular Rules on Registration and Composition levy, it was essential to notify Section 164 and Section 22 of the CGST Act and the lGST Act respectively.
12.1.1. The Secretary further stated that Section 15 of the CGST Act related to valuation provisions. Section 16 to 21 of the CGST Act related to Input Tax Credit provisions. Section 31 to 34 of the CGST Act related to invoice provisions. Section 37 to 48 of the CGST Act relates to return provisions. Section 49to 50 of the CGST Act relates to payment provisions. Section 54 to 58 of the CGST Act relates to refund provisions. Section 140 to 142 of the CGST Act and Section 21 of the lGST Act related to transition provisions. In order to notify the above-mentioned Rules (Sections related to Registration and Composition levy have been already approved), it was

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ity of payment of tax and compliance with the law had been shifted upon the recipient. Therefore, suppliers, whose supplies were taxable under 100% reverse charge basis, were required to be exempted from registration. Sub-section (2) of section 23 of the CGST Act provided that the Government, on the recommendations of the Council, by notification, specify the category of persons who may be exempted from obtaining registration.
12.1.2 In view of the above, the Secretary proposed that the Council may approve the following:
i. notifying Section 2 of the CGST Act and Section 2 of the IGST Act from 19 June, 2017;
ii. notifying Section 14 of the lGST Act from 19 June, 2017;
iii. notifying Section 146 of the CGST Act with effect from 19 June, 2017;
iv. notifying Section 164 of the CGST Act and Section 22 of the lGST Act with effect from 19 June, 2017;
v. notying Section 15 (Valuation). Sections 16-21 (Input Tax Credit), Sections 31-34 (Invoice). Sections 37-48 (Returns), Sections 4

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otify the same Sections.
(ii) Amendment in Rule 19 of the Registration Rules for additional method of authentication
12.2. Introducing this agenda item, the Secretary stated that the Council had approved the GST Registration Rules in its 14th Meeting (held on 18-19 May, 2017). He stated that Rule 19 of the Rules provided for three modes of authentication for filing applications, including reply, if any, to the notices, returns including the details of outward and inward supplies, appeals or any other document required to be submitted under the GST Rules. Presently, the modes of authentication provided in Rule 19 of the GST Registration Rules were: (i) with digital signature certificate; (ii) with e-signature; (iii) verification through aadhaar based electronic verification code. He stated that Aadhaar had not yet been implemented in Assam due to illegal immigration problem. The Hon'ble Supreme Court has directed to first update the National Register of Citizens (NRC) and after the p

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n Rule 19 of the GST Registration Rules, namely, authentication based on bank account of the taxpayer and that a suitable text in this regard as presented, in Rule 19, namely “through electronic verification service provided by banks based on net-banking or any other mode of verification provided by bank.”
12.2.1. The Secretary further informed that during the meeting of the officers of the Central Government and the State Governments held on 11 June, 2017, a view was expressed that only those methods of authentication be mentioned in the Rules which were mentioned in the Information Technology Act 2000 and all other means of verification could be notified by the Central Board of Excise Customs (CBEC). The Council agreed to this proposal.
13. In respect of agenda item 4, the Council approved the following:
13.1. To notify Sections 2, 146 and 164 of the CGST Act, 2017 with effect from 19 June2017 and the States that had enacted their SGST Acts could also notify the same Sections with

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17 as many tasks were still to be completed. He staled that States were in a comfortable situation as they were assured of compensation for five years at a fixed annual growth rate of 14% but it should be considered at the national level and the deadline for GST implementation should be extended by one month. The Hon'ble Chairperson stated that whenever new ideas came, there would always be some people who would not be ready for implementation and this would be true even if implementation was extended to September, 2017. He further observed that when a new system was introduced, there was bound to be some glitches irrespective of the date when it was implemented. He stated that the need was to start the implementation and to be ready to address the problems that might arise. The Hon'ble Minister from West Bengal stated that the date for implementation should be reviewed objectively in the next Meeting of the Council. The Hon'ble Chief Minister of Puducherry stated that after the GSTN w

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GST Council Meeting on 11 June 2017
Charge
7
Bihar
8
Chhattisgarh
9
Goa
Shri Amar Agrawal
Shri Mauvin Godinho
10
Haryana
S No
State/Centre
Name of the Minister
1
Govt. of India
Shri Arun Jaitley
Finance Minister
2
Govt. of India
Shri Santosh Kumar Gangwar
Minister of State (Finance)
3
Puducherry
Shri V. Narayanasamy
Chief Minister
4
Delhi
5
Gujarat
Shri Manish Sisodia
Shri Nitinbhai Patel
6
Andhra Pradesh
Shri Yanamala Ramakrishnudu
Shri Bijendra Prasad Yadav
Captain Abhimanyu
Deputy Chief Minister
Deputy Chief Minister
Minister – Finance, Planning,
Commercial Taxes & Legislative
Affairs
Minister – Commercial Taxes &
Energy
Finance Minister
Minister – Panchayat
Minister – Excise & Taxation
11
Jammu & Kashmir
Dr. Haseeb Drabu
Finance Minister
12
Jharkhand
Shri C.P. Singh
Minister Urban Development,
Housing & Transport
13
Karnataka
Shri Krishna Byregowda
Minister – Agriculture
14
Kerala
15 Maharashtra
16
Mizoram
Dr. Thomas

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Shri R.K. Mahajan
5
Govt. of India
Shri P.K. Jain
6
Govt. of India
Shri B.N. Sharma
7
Govt. of India
Shri P.K. Mohanty
8
Govt. of India
Shri P.K. Shrivastava
9
Govt. of India
Shri Alok Shukla
10
Govt. of India
11
Govt. of India
12
Govt. of India
13
Govt. of India
Shri Manish Kumar Sinha
14
Govt. of India
Shri G.D. Lohani
15
Govt. of India
Shri Ranjit Kumar
16
Govt. of India
Shri D.S.Malik
Shri Upender Gupta
Shri Udai Singh Kumawat
Shri Amitabh Kumar
Revenue Secretary
Chairman, CBEC
Member (GST), CBEC
Member (Budget), CBEC
Chief Commissioner, (AR),
CESTAT, CBEC
Additional Secretary, Dept. of
Revenue
Advisor (GST), CBEC
Joint Secretary, Ministry of Home
Affairs
Joint Secretary (TRU), Dept. of
Revenue
Commissioner (GST), CBEC
Joint Secretary, Dept. of Revenue
Joint Secretary (TRU), Dept. of
Revenue
Commissioner, CBEC
Commissioner, CBEC
Commissioner, CBEC
ADG, Press, Ministry of Finance
17
Govt. of India
Shri Hemant Jain
OSD to

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Shri Rakesh Agarwal
Shri Kaushik TG
38
GST Council
39 GST Council
Shri Mukesh Gaur
40
GST Council
Shri Sandeep Bhutani
Shri Arun Goyal
Shri Shashank Priya
Shri G.S. Sinha
Shri Shekhar Khansili
Deputy Commissioner, CBEC
Policy Wing
Assistant Commissioner, GST
Policy
Technical Officer (TRU)
Office Assistant, PIB
Additional Secretary
Commissioner
Joint Commissioner
Joint Commissioner
Deputy Commissioner
Assistant Commissioner
Assistant Commissioner
Superintendent
Superintendent
Superintendent
41
GST Council
Shri Amit Soni
42
GST Council
Shri Anis Alam
Inspector
Inspector
43
GST Council
Shri Vikas Kumar
TA
44
GSTN
45
GSTN
46
GSTN
47
Andaman & Nicobar
Shri Navin Kumar
Shri Prakash Kumar
Shri Jagmal Singh
Shri S.C.L. Das
48
Andaman & Nicobar
49 Andhra Pradesh
50
Andhra Pradesh
Shri J.Syamala Rao
51
Andhra Pradesh
Shri T.Ramesh Babu
Shri Sanjeev Khirwar
Shri D.Sambasiva Rao
Chairman
CEO
Vice President
Principal Secretary (Fina

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du Shandilya
Shri Amitabh Jain
63
Chhattisgarh
49
64
Daman & Diu/Dadra &
Nagar Haveli
65
Delhi
66
Delhi
67
Goa
68
Gujarat
Dr. P.D. Vaghela
69
Gujarat
Ms. Mona Khandhar
70
Haryana
Shri Sanjeev Kaushal
71
Haryana
Shri Shyamal Misra
72
Haryana
Shri Vidya Sagar
73
Haryana
Shri Rajeev Chaudhary
Shri Shankar Agrawal
Shri Gaurav Singh Rajawat
Shri H. Rajesh Prasad
Shri S.K. Kamra
Shri Dipak Bandekar
Commissioner, VAT
Commissioner, VAT
Assistant Commissioner (GST)
Commissioner, Commercial Taxes
Commissioner, Commercial Taxes
Secretary (Economic Affairs)
Additional Chief Secretary
(Finance)
Excise & Taxation Commissioner
Additional Excise & Taxation
Commissioner
Deputy Excise & Taxation
Commissioner
Additional Commissioner
Additional Chief Secretary
(Finance)
74 Haryana
75
75
Himachal Pradesh
76 Himachal Pradesh
77
Jammu & Kashmir
Shri R. Mehra
Dr. Shrikant Baldi
Shri Pushpendra Rajput
Shri Naveen K. Choudhary
Principal Secretary

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mmissioner
90
Manipur
Shri R.K. Khurkishor
91
Mizoram
Shri Vanlalchhuanga
92
Mizoram
Shri H.T. Mawia
93 Nagaland
Shri Abhijit Sinha
Assistant Commissioner
Secretary
Superintendent
Finance Commissioner
94
Nagaland
Shri Jyoti Kalash
Principal Resident Commissioner
95
Nagaland
Shri Asangba Chuba Ao
96
Odisha
Shri Saswat Mishra
Commissioner, Commercial Taxes
Commissioner, Commercial Taxes
97
Odisha
Shri Sahadev Sahu
Joint Commissioner
98
Puducherry
Shri G. Srinivas
99 Punjab
Shri V.K. Garg
100
101
Punjab
Punjab
Shri Anurag Agarwal
Commissioner, Commercial Taxes
Advisor to CM
Financial Commissioner
Shri Vivek Pratap Singh
Excise & Taxation Commissioner
102 Punjab
Shri Pawan Garg
103 Rajasthan
104 Rajasthan
Shri Alok Gupta
Shri Praveen Gupta
Page 36 of 37
Deputy Excise and Taxation
Commissioner
Secretary, Finance
Commissioner, Commercial Taxes
JAYNA BOOK DEPOT
MINUTE BOOK
WAYNA
S No
State/Centre
Name of the Officer
105
Rajastha

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Advance from customers

Advance from customers
Query (Issue) Started By: – MohanLal tiwari Dated:- 10-6-2017 Last Reply Date:- 11-6-2017 Goods and Services Tax – GST
Got 4 Replies
GST
Sir,
We are manufacturer of tailor made castings / machinery parts meant for a particular customer for their specific use. We are generally taking mobilization advance against Advance Bank Guarantee from our customers to ensure they will take ordered materials after their readiness. If they cancel order or do not take materials, it will be just scrap for us.
from 1st July'17 onward, GST will be payable on such advance as per rate applicable for goods, kindly advise for :-
1. Whether we should charge GST in our Proforma Invoice for advance payment.
2. Whether Buye

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GST on Export of goods

GST on Export of goods
Query (Issue) Started By: – Jayant Gokahle Dated:- 10-6-2017 Last Reply Date:- 11-6-2017 Goods and Services Tax – GST
Got 4 Replies
GST
We are a manufacturing company with Excise and VAT Regn. Now we have registered under GST also. We export goods as a trader also.
When we will buy goods post 01 Jul 17, for export as a trader, our supplier will charge us GST at applicable rate. To export these goods, can we take credit in our GST account and export the goods

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GSTN holds a Review Meeting with GST Suvidha Providers (GSPs) to Assess Readiness for GST roll-out from 01st July, 2017; GSPs advised to continue to visit the GSP ecosystem webpage on the GSTN website (www.gstn.org/ecosystem) for all information

GSTN holds a Review Meeting with GST Suvidha Providers (GSPs) to Assess Readiness for GST roll-out from 01st July, 2017; GSPs advised to continue to visit the GSP ecosystem webpage on the GSTN website (www.gstn.org/ecosystem) for all information, latest updates and guidelines
GST
Dated:- 10-6-2017

GSTN called a meeting with all the GST Suvidha Providers (GSPs) at their office at Aero City in national capital yesterday. There are 34 GSPs that have been selected by GSTN to provide additional channel of filing returns and other compliances related to GST. GSPs are expected to help large businesses with complex and varied internal processes to comply with the GST regime that becomes effective from 01st July 2017. The meeting was c

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will also make available live APIs on the sandbox for testing of the codes that the GSPs will modify/develop. The dates for the release of the specifications and the Live APIs for various returns for testing/integration were communicated to all the GSPs. The specifications of GSR-1 return (for uploading the supply data) was released yesterday and the live API will be made available on 29th June. The dates of release of specification and live APIs for the remaining GST return forms were also discussed and communicated. Staggered delivery of specifications and live APIs was agreed by all to manage the changes made in the rules and forms recently.
GSTN also published and explained the method and manner in which the GSPs would be able to integ

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s come-up with an Offline Tool where data on invoices (business to business), exports, supplies to consumers etc., which are required to create GSTR-1 (Outward Supply Return), can be entered in an excel sheet in offline mode (without being connected to Internet). At desired interval, the tool can be run to upload all such data on the portal. Only while uploading the data on GST portal, Internet connectivity will be required. The Offline tool will be provided free of cost and taxpayers will be able to download it from the GST portal (www.gst.gov.in) from last week of June. GSTN will release the format of Excel in which businesses will start maintaining the data from 1st of July for using the free offline tool for uploading the invoice data a

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GST – CONCEPT & STATUS – As on 3rd June, 2017

GST – CONCEPT & STATUS – As on 3rd June, 2017
GST
Dated:- 10-6-2017

Introduction:
The introduction of Goods and Services Tax (GST) would be a very significant step in the field of indirect tax reforms in India. By amalgamating a large number of Central and State taxes into a single tax, it would mitigate cascading or double taxation in a major way and pave the way for a common national market. From the consumer point of view, the biggest advantage would be in terms of a reduction in the overall tax burden on goods, which is currently estimated to be around 25%-30%. 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. Last but not the least, this tax, because of its transparent and self-policing character, would be easier to administer.
Genesis:
2. The idea of moving towards the GST was first mooted by the then Union Finance Minister in his B

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domains. The Centre has the powers to levy tax on the manufacture of goods (except alcoholic liquor for human consumption, opium, narcotics etc.) while the States have the powers to levy tax on sale of goods. In case of inter-State sales, the Centre has the power to levy a tax (the Central Sales Tax) but, the tax is collected and retained entirely by the originating States. As for services, it is the Centre alone that is empowered to levy service tax. Since the States are not empowered to levy any tax on the sale or purchase of goods in the course of their importation into or exportation from India, the Centre levies and collects this tax as additional duties of customs, which is in addition to the Basic Customs Duty. This additional duty of customs (commonly known as CVD and SAD) counter balances excise duties, sales tax, State VAT and other taxes levied on the like domestic product. Introduction of GST would require amendments in the Constitution so as to concurrently empower the Ce

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ntegrated tax – IGST) on inter-State trade or commerce (including imports) in goods or services. The Central Government will have the power to levy excise duty in addition to the GST on tobacco and tobacco products. The tax on supply of five specified petroleum products namely crude, high speed diesel, petrol, ATF and natural gas would be levied from a later date on the recommendation of GST Council.
4.1 A Goods and Services Tax Council (GSTC) shall be constituted comprising the Union Finance Minister, the Minister of State (Revenue) and the State Finance Ministers to recommend on the GST rate, exemption and thresholds, taxes to be subsumed and other features. This mechanism would ensure some degree of harmonization on different aspects of GST between the Centre and the States as well as across States. One half of the total number of members of GSTC would form quorum in meetings of GSTC. Decision in GSTC would be taken by a majority of not less than three-fourth of weighted votes cast

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he following major decisions have been taken by the GSTC:
(i) The threshold exemption limit would be ₹ 20 lakh. For special category States enumerated in article 279A of the Constitution, threshold exemption limit has been fixed at ₹ 10 lakh.
(ii) Composition threshold shall be ₹ 50 lakh. Composition scheme shall not be available to inter-State suppliers, service providers (except restaurant service) and specified category of manufacturers.
(iii) Existing tax incentive schemes of Central or State governments may be continued by respective government by way of reimbursement through budgetary route. The schemes, in the present form, would not continue in GST.
(iv) There would be four tax rates namely 5%, 12%, 18% and 28%. The tax rates for different goods and services have been finalized. Besides, some goods and services would be under the list of exempt items. The exempted services has been finalized which is same as the services exempted under existing service tax

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payers having turnover above ₹ 1.5 crore shall be divided equally in the ratio of 50% each for the Central and State tax administration.
(vii) Powers under the IGST Act shall also be cross-empowered on the same basis as under CGST and SGST Acts with few exceptions.
(viii) Power to collect GST in territorial waters shall be delegated by Central Government to the States.
(ix) Formula and mechanism for GST Compensation Cess has been finalised.
(x) Nine rules on registration, composition levy, valuation, tax invoice, input tax credit, payment, returns, refund and transitional provisions have been recommended.
(xi) www.gst.gov.in, managed by GSTN, shall be the Common Goods and Services Tax Electronic Portal.
(xii) Rate of interest on delayed payments and delayed refund has been recommended.
(xiii) Rate of TCS has been recommended.
Salient Features of GST:
6. The salient features of GST are as under:
(i) GST would be applicable on “supply” of goods or services as against the

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r-State supplies and would be subject to IGST.
(vii) CGST, SGST /UTGST& IGST would be levied at rates to be mutually agreed upon by the Centre and the States under the aegis of the GSTC.
(viii) GST would replace the following taxes currently levied and collected by the Centre:
a) Central Excise Duty;
b) Duties of Excise (Medicinal and Toilet Preparations);
c) Additional Duties of Excise (Goods of Special Importance);
d) Additional Duties of Excise (Textiles and Textile Products);
e) Additional Duties of Customs (commonly known as CVD);
f) Special Additional Duty of Customs (SAD);
g) Service Tax;
h) Cesses and surcharges insofar as they relate to supply of goods or services.
(ix) State taxes that would be subsumed within the GST are:
a) State VAT;
b) Central Sales Tax;
c) Purchase Tax;
d) Luxury Tax;
e) Entry Tax (All forms);
f) Entertainment Tax (except those levied by the local bodies);
g) Taxes on advertisements;
h) Taxes on lotteries, betting and g

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nal.
(xiv) The list of exempted goods and services would be kept to a minimum and it would be harmonized for the Centre and the States as well as across States as far as possible.
(xv) Exports would be zero-rated.
(xvi) Credit of CGST paid on inputs may be used only for paying CGST on the output and the credit of SGST/UTGST paid on inputs may be used only for paying SGST/UTGST. In other words, the two streams of input tax credit (ITC) cannot be cross utilized, except in specified circumstances of inter-State supplies for payment of IGST. The credit would be permitted to be utilized in the following manner:
a) ITC of CGST allowed for payment of CGST & IGST in that order;
b) ITC of SGST allowed for payment of SGST & IGST in that order;
c) ITC of UTGST allowed for payment of UTGST & IGST in that order;
d) ITC of IGST allowed for payment of IGST, CGST & SGST/UTGST in that order.
ITC of CGST cannot be used for payment of SGST/UTGST and vice versa.
(xvii) Accounts would be settled

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.
(xxi) Obligation on certain persons including government departments, local authorities and government agencies, who are recipients of supply, to deduct tax at the rate of 1% from the payment made or credited to the supplier where total value of supply, under a contract, exceeds two lakh and fifty thousand rupees.
(xxii) Refund of tax to be sought by taxpayer or by any other person who has borne the incidence of tax within two years from the relevant date.
(xxiii) Obligation on electronic commerce operators to collect 'tax at source', at such rate not exceeding two per cent. (2%) of net value of taxable supplies, out of payments to suppliers supplying goods or services through their portals.
(xxiv) System of self-assessment of the taxes payable by the registered person.
(xxv) Audit of registered persons to be conducted in order to verify compliance with the provisions of Act.
(xxvi) Limitation period for raising demand is three (3) years from the due date of filing of annual re

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vision for penalties for contravention of the provision of the proposed legislation has been made.
(xxxii) Advance Ruling Authority would be constituted by States in order to enable the taxpayer to seek a binding clarity on taxation matters from the department. Centre would adopt such authority under CGST Act.
(xxxiii) An anti-profiteering clause has been provided in order to ensure that business passes on the benefit of reduced tax incidence on goods or services or both to the consumers.
(xxxiv) Elaborate transitional provisions have been provided for smooth transition of existing taxpayers to GST regime.
Benefits of GST:
7. (A) Make in India:
(i) Will help to create a unified common national market for India, giving a boost to Foreign investment and “Make in India” campaign;
(ii) Will prevent cascading of taxes as Input Tax Credit will be available across goods and services at every stage of supply;
(iii) Harmonization of laws, procedures and rates of tax;
(iv) It will boost

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b”.
(B) Ease of Doing Business:
(i) Simpler tax regime with fewer exemptions;
(ii) Reductions in the multiplicity of taxes that are at present governing our indirect tax system leading to simplification and uniformity;
(iii) Reduction in compliance costs – No multiple record keeping for a variety of taxes- so lesser investment of resources and manpower in maintaining records;
(iv) Simplified and automated procedures for various processes such as registration, returns, refunds, tax payments, etc;
(v) All interaction to be through the common GSTN portal- so less public interface between the taxpayer and the tax administration;
(vi) Will improve environment of compliance as all returns to be filed online, input credits to be verified online, encouraging more paper trail of transactions;
(vii) Common procedures for registration of taxpayers, refund of taxes, uniform formats of tax return, common tax base, common system of classification of goods and services will lend greater cert

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front end services to the taxpayers namely registration, payment and return. Besides providing these services to the taxpayers, GSTN would be developing back-end IT modules for 27 States who have opted for the same. The migration of existing taxpayers has already started from November, 2016. The Revenue department of both Centre and States are pursuing the presently registered taxpayers to complete the necessary formalities on the IT system operated by GSTN for successful migration. About 75 percent of existing registrants have already migrated to the GST systems.
8.1 GSTN has selected 34 IT, ITeS and financial technology companies, to be called GST Suvidha Providers (GSPs). GSPs would develop applications to be used by taxpayers for interacting with the GSTN.
Other Legislative Requirements:
9. Four Laws namely CGST Act, UTGST Act, IGST Act and GST (Compensation to States) Act have been passed by the Parliament and since been notified on 12th April, 2017. Twenty three States have p

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s ACES (Automated Central Excise & Service Tax) would require re-engineering. DG Systems has already constituted a Steering Committee for implementation of GST System for CBEC. The name of IT project of CBEC under GST is 'SAKSHAM' involving a total project value of ₹ 2,256 crores.
10.1 It was also felt that the organizational structure and deployment of human resources needed a review for smooth and effective implementation of GST. A Working Group has after extensive deliberations and studies, submitted its Report which has been approved by the Government.
10.2 Augmentation of human resources would be necessary to handle large taxpayers' base in GST scattered across the length and breadth of the country. Capacity building, particularly in the field of Accountancy and Information Technology for the departmental officers has to be taken up in a big way. A massive four-tier training programme is being conducted under the leadership of NACEN. This training project is aimed at impar

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so continue to handle the work relating to levy and collection of customs duties.
10.5 The following information is available on the CBEC website www.cbec.gov.in :
(i) Presentation on GST
(ii) GST – Concept & Status
(iii) GST Tax rates for goods and services
(iv) FAQs on GST in English, Hindi and eight regional languages
(v) CGST, IGST, UTGST and GST (Compensation to States) Act
(vi) Nine finally approved Rules
(vii) Constitutional Amendment Act
Way Forward:
11. Looking forward, there are number of goal posts that need to be met before GST can be rolled out in the country. The following tasks are required to be completed within defined time frame:
(i) Passage of SGST laws by all State legislatures;
(ii) Recommendation of remaining Model GST Rules by GST Council;
(iii) Notification of GST Rules;
(iv) Establishment and upgradation of IT framework;
(v) Meeting implementation challenges;
(vi) Effective coordination between Centre & State tax administrations;
(vii) Reorgan

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GOODS & SERVICES TAX (GST)(Status as on 3rd June, 2017)

GOODS & SERVICES TAX (GST)(Status as on 3rd June, 2017)
GST
Dated:- 10-6-2017

GOODS & SERVICES TAX (GST)(Status as on 3rd June, 2017)
=============
Document 1
GOODS &
SERVICES TAX
(GST)
(Status as on 3rd June, 2017)
1
PRESENTATION PLAN
WHY GST: BENEFITS
❖ EXISTING INDIRECT TAX STRUCTURE
❖ FEATURES OF CONSTITUTION AMENDMENT ACT
*GST COUNCIL
❖ MAIN FEATURES OF GST LAW
Ü€
GSTN
✰ ROLE OF CBEC
WAY FORWARD
2
WHY GST?
BENEFITS
3
WHY GST: BENEFITS
To Trade
☐ Reduction in multiplicity of
taxes
To Consumers ܀
☐ Mitigation of cascading/ double
taxation
☐ More efficient neutralization of
taxes especially for exports
☐ Development of common
national market
☐ Simpler tax regime
Fewer rates and exemptions
Distinction between Goods &
Services no longer required
â–¡ Simpler Tax system
Reduction in prices of
goods & services due
to elimination of
cascading
☐ Uniform prices
throughout th

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Key Features:
â–¡ Concurrent jurisdiction for levy & collection of GST
by the Centre & the States – Article 246A
☐ Centre to levy & collect IGST on supplies in the
course of inter-State trade or commerce including
imports Article 269A

9
….FEATURES OF CAA……..
❖ Key Features contd.
☐ Compensation for loss of revenue to States for five years on
recommendation of GSTC – Clause 19
☐ GST on petroleum crude, high speed diesel, motor spirit
(commonly known as petrol), natural gas & aviation turbine
fuel to be levied from a later date on recommendations of
GSTC
10
..FEATURES OF CAA
Key Features contd.
☐ GSTC – Article 279A
To be constituted by the President within 60 days from the
coming into force of the Constitution Amendment
Consists of Union FM & Union MOS (Rev)
Consists of Ministers in charge of Finance / Taxation of each
State
Chairperson – Union FM
Vice Chairperson – to be chosen amongst the Ministers of State
Gove

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nt may convert existing area based exemption
schemes into reimbursement based scheme
14
✰ Decisions:
…GST COUNCIL….
☐ To ensure single interface all administrative control
over

â–  90% of taxpayers having turnover below Rs. 1.5 cr. would
vest with State tax administration
10% of taxpayers having turnover below of Rs. 1.5 cr.
would vest with Central tax administration
taxpayers having turnover above Rs. 1.5 cr. would be
divided equally between Central and State tax
administration
â–¡ Same arrangement would be applicable for IGST Act
with few exceptions
15
…GST COUNCIL
✰ Decisions:
â–¡ CGST, UTGST, IGST, SGST & GST Compensation Law
recommended
☐ Formula for calculating compensation finalized
☐ Tax rates
Four tax rates namely 5%, 12%, 18% and 28%
Some goods and services would be exempt
List of exempt services and reverse charge cases finalized
3% tax rate for precious metals
Cess over the peak rate of 28% on specifie

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ernment, at the rate to be prescribed
Maximum rate ring fenced in law
18
….MAIN FEATURES OF LAW….
* Determination of nature of supply.
â–¡ Elaborate Rules provided for determining the place of
supply

Intra-State supply of goods or services where the location
of the supplier and the place of supply are in the same State

Inter-State supply of goods or services where the location
of the supplier and the place of supply are in different State
Liability to pay:
â–¡ Liability to pay tax arises only when the taxable person
crosses the exemption threshold
19
….MAIN FEATURES OF LAW….
* Composition Scheme:
☐ Provision for levy of tax on fixed rate on aggregate turnover
upto a prescribed limit in a financial year (Composition
scheme) without participation in ITC chain
Time & Value of supply:
☐ Elaborate principles devised for determining the time of
supply of goods or services with following being crucial
determinants with certain exceptions:

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rvices and capital goods are partly used for business
and partly for non-business purposes
☐ Proportionate credits allowed in case inputs, inputs
services and capital goods are used for taxable including
zero rated and exempt (including non-taxable) supplies
22
…MAIN FEATURES OF LAW….
Input Tax Credit (ITC):
☐ ITC cannot be availed after filing of return for the month
of September of next Financial Year or filing of Annual
Return
☐ ITC available only on provisional basis for a period of
two months until payment of tax and filing of valid
return by the supplier
☐ Matching of supplier's and recipient's invoice details
ITC to be confirmed only after matching of such
information
ITC to be reversed in case of mis-match
â–¡ Input Service Distributor mechanism for distribution of
ITC of input services
23
…MAIN FEATURES OF LAW….
❖ Registration.
☐ PAN based Registration
required to be obtained for each State from where taxable

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ual
taxpayers, non-resident taxpayers, TDS Deductors,
Input service Distributors (ISDs) to file separate
electronic returns with different cut-off dates
Annual return to be filed by 31st December of the
following Financial Year along with a reconciliation
statement
Short-filed returns not to be treated as a valid return for
matching & allowing ITC and fund transfer between
Centre and States
GST practitioners scheme to assist taxpayers mainly in
filing of returns
26
Ü€
…MAIN FEATURES OF LAW….
❖ Payment:
System of electronic cash ledger and electronic ITC
ledger
Tax can be deposited by internet banking, NEFT / RTGS,
debit/credit card and Over The Counter
Date of credit to the Govt. account in the authorized
bank is the date of payment for credit in electronic cash
ledger
☐ Payment of Tax is made by way of the debit in the
electronic cash or credit ledger
27
…MAIN FEATURES OF LAW….
❖ Payment:
Cross-utilization of ITC between CGST & I

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ys
â–¡ Tax refund will be directly credited to the bank account
of applicant
30
….MAIN FEATURES OF LAW….
❖ Assessment and Audit.
☐ Self-assessment of tax
☐ Provisions for assessment of non-filers, unregistered
persons & summary assessments in certain cases
☐ Provision for provisional assessment on request of
taxable person – to be finalized in six months
☐ Audit to be conducted at the place of business of the
taxable person or at the office of the tax authorities, after
prior intimation to taxable person
☐ Audit to be completed within 3 months, extendable by a
further period of 6 months
31
…MAIN FEATURES OF LAW….
❖ Demand:
Adjudication order to be issued within 3/5 years of
filing of annual return in normal cases & fraud /
suppression cases respectively
SCNs to be issued at least 3 months and 6 months
prior to last date of passing adjudication order in
normal cases and in fraud cases respectively
Taxable person c

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Central Government – 24.5%
EC and all States together – 24.5%
☐ Financial Institutions – 51%
36
….GSTN
To function as a Common Pass-through portal for
taxpayers-
☐ submit registration application
☐ file returns
☐ make tax payments
To develop back end modules for 27 States (MODEL-II)
❖ Infosys appointed as Managed Service Provider (MSP)
* Appointed 34 GST Suvidha Providers (GSPs)
to develop simple applications to be used by taxpayers for
interacting with GSTN
37
ROLE OF CBEC
38
ROLE OF CBEC
❖ Prominent role as custodian of Centre's fiscal destiny in relation
to indirect taxes
❖Role in Policy making: Drafting of GST Law, Rules & Procedures
– CGST, UTGST & IGST Law
Assessment, Audit, Anti-evasion & enforcement under CGST &
IGST Law
* Levy & collection of Central Excise duty on products outside GST
– Five specified Petroleum Products & Tobacco
* Levy & collection of Customs duties
* Developing linkages of CBEC – GST Syste

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Credit on Opening stock

Credit on Opening stock
Query (Issue) Started By: – Vivek anandhan Dated:- 10-6-2017 Last Reply Date:- 14-7-2017 Goods and Services Tax – GST
Got 3 Replies
GST
Dear Expert
Whether CST 2%( paid on Inter state purchase ) credit allowed on opening stock under GST regime
Regards
Vivek
Reply By Vipul Singh:
The Reply:
The answer is big NO
CST paid@ 2% on opening stock will not be allowed in GST regime.
Reply By Himansu Sha:
The Reply:
The credit which is not allowable in the ex

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CONSIDERATION RECEIVED IN INR FOR EXPORT OF SERVICE UNDER GST REGIME

CONSIDERATION RECEIVED IN INR FOR EXPORT OF SERVICE UNDER GST REGIME
By: – Shripada Hegde
Goods and Services Tax – GST
Dated:- 10-6-2017

One of the controversies or discrepancies attached with the Export of Service under the present taxation system for services is the receipt of consideration or payment in INR. This article tries to put light on the 'Status Quo' and the effect under GST Regime.
In the present taxation system for services, in order to consider a service as export of service, conditions under Rule 6A of Service Tax Rules, 1994 has to be satisfied. Before the incorporation of Rule 6A, export of services were governed by Export of Service Rules, 2005. One of the conditions is that the payment for the services

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Foreign Exchange as per Clause 3A.6(i) of Exchange Control Manual
* When a person receives in India, payment in rupees from the account of a bank situated in any country outside India maintained with an authorised dealer, the payment in rupees shall be deemed to have repatriated the realized foreign exchange to India as per para 4 of Notification No. FEMA 9/2000-RB, dated 3rd May 2000.
* From Notification No. FEMA 14/2000-RB, dated 3rd May 2000, it is clear that payment in rupees from account situated in any country (other than a member country of Asian Clearing Union or Nepal or Bhutan) is a manner of receipt of foreign exchange.
* Relying on the Judgement of the apex court in case of J.B. Boda and Company the authority has expresse

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Let's now move to understand the effect under GST. In GST the Government has given a definition for 'Export of Service' under Section 2(6) of IGST Act. The said sub-section is reproduced below.
“(6) “export of services” means the supply of any service when,
(i) the supplier of service is located in India;
(ii) the recipient of service is located outside India;
(iii) the place of supply of service is outside India;
(iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; and
(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8″
It can be noted that the condition relate

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LATEST DEVELOPMENTS IN GST IMPLEMENTATION

LATEST DEVELOPMENTS IN GST IMPLEMENTATION
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 10-6-2017

The GST Council meeting held on 3rd June, 2017 at New Delhi succeeded on completing the pending issues on the agenda which inter alia included fitment of rates on textiles, bidi's, biscuits, gold & jewellery etc. Also, it cleared the rules as well as reteriated the stand that GST be implemented from July 1, 2017. Though West Bengal asked for a postponement till September, at the end, GSTC has announced 1st July, 2017 only as the date for implementation of GST law. Transition rules have also been cleared with some changes, most important being enhancement of limit of taking credit on closing stock by dealers

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* Solar panels @ 5%
* Footwear @ 5% / costing below ₹ 500) and @ 18% (costing > ₹ 500)
* Rough diamonds @ 0.25%
* Biscuits @ 18%
* Increase on deemed credit to 60% instead of presently proposed 40% if goods in GST slab of 18% or more; 40% if goods are in GST slab of less than 18%
* Differential rates for various textile items from zero percent to 28% [Jute & silk – nil; cotton fiber, yarn, fabric – 5%; readymade garments -5% (below ₹ 1000), 12% (above ₹ 1000), manmade yarn – 18%]
* GSTN fully geared up for 1st July roll out
* Committee for anti profiteering to be setup
* Next (16th) meeting of GSTC on 11 June, 2017
It was also decided to refined 50 percent of tax imposed on defense canteens. While

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nt form. If that happens, there could be economic pit falls for the State as well as trade and industry dealing with the State.
The next (16th) meeting of GST Council has been scheduled for 11th June, 2017 to review the rates for refinement if the need be and to agree on the implementation of anti profiteering provision which is going to ensure that GST does not result into inflation. Also, the rules relating to e-way bills will be finalized.
While there is no intention to seek postponement by a month or so in this write – up, but it can be said that there is no need for a rigid date of 1st July, 2017. If GST roll out is deferred by one or two months, heavens are not going to tall but would only add to comfort, confidence and ease of comp

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Migration to GST- Mandatory requirement of PAN for all including government departments for registrations

Migration to GST- Mandatory requirement of PAN for all including government departments for registrations
PUBLIC NOTICE No. 07/2017 Dated:- 10-6-2017 Trade Notice
GST
OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX
7th FLOOR, TRADE CENTRE, BUNTS HOSTEL ROAD, MANGALURU-575 003
C. No. IV/16/01/2017 Tech.
Date: 10.06.2017
PUBLIC NOTICE No. 07/2017
Sub: – Migration to GST- Mandatory requirement of PAN for all including government departments for registrations- Reg.
As you are aware the GST regime is proposed to be introduced w.e.f 1St July, 2017. Section 139 of the GST Act, 2017 provides for migration of existing tax payers to GST. In this regard attention is invited to Section 25(6) of the said Act which stipulates t

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Exhibiton in GST Formats

Exhibiton in GST Formats
Query (Issue) Started By: – SANTOSH TIWARI Dated:- 9-6-2017 Last Reply Date:- 11-7-2017 Goods and Services Tax – GST
Got 3 Replies
GST
Dear Experts,
Please suggest ,
1.What rate will be charge on Exhibiton?
2. If exhibition is in outside the state, how will we send material for exhibition, if we received order for exhibiton with material ?
Reply By Rajagopalan Ranganathan:
The Reply:
Sir,
1) The rate of service tax leviable on Exhibition is 18%.
2) Wh

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The Union Finance Minister to chair the 16th Meeting of the GST Council on Sunday, 11th June, 2016

The Union Finance Minister to chair the 16th Meeting of the GST Council on Sunday, 11th June, 2016
GST
Dated:- 9-6-2017

The Union Minister for Finance, Defence and Corporate Affairs, Shri Arun Jaitley will chair the 16th Meeting of the GST Council scheduled to be held on Sunday, 11th June, 2017 at Vigyan Bhavan in the national capital. The one day Meeting will also be attended among others by the Finance Ministers of different States and UTs (having elected assembly) being the memb

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GST Council constitutes 18 Sectoral Groups for smooth roll-out of GST

GST Council constitutes 18 Sectoral Groups for smooth roll-out of GST
GST
Dated:- 9-6-2017

As decided in the 14th Meeting of the GST Council held on 18th-19th May, 2017 in Srinagar, J&K, 18 Sectoral Groups have been constituted representing various sectors of the economy in order to ensure smooth roll-out of GST. These 18 Sectoral Groups representing various sectors of the economy and containing Senior Officers of the Centre and the States are being set-up to ensure smooth implementation of GST by timely responding to the issues and problems of their respective Sector(s).
In fact, they are being with the following objectives:
i) Interact and examine representations received from trade and industry associations/bodies of thei

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rincipal Secretary, Chhattisgarh
4.
IT & ITes
M. Vinod Kumar, Chief Commissioner, CBEC
Ms. Smaraki Mahapatra, CCT, West Bengal
5
Transport & Logistics
J.M. Kennedy, ADG, DRI, CBEC
Ms. Sujatha Chaturvedi, Pr. Secretary, Bihar
6
Textiles
Yogendra Garg, Commissioner, CBEC
Ms. Mona Khandhar, Secretary (EA), Gujarat
7
MSMEs (incl. job work)
Manish Sinha, Commissioner, CBEC & GST Council
H. Rajesh Prasad, Commissioner, VAT, Delhi
8
Oil & Gas (upstream & downstream)
P.K. Jain, Chief Commissioner, (AR), CBEC
Anurag Goel, CCT, Assam
9
Gems & Jewellery
Reyaz Ahmad, Director (TRU)
Dr. P.D. Vaghela, CCT, Gujarat
10
Services received and provided by Government
D.P. Nagendra Kumar, Pr. Commissioner, CBEC
Arun Mishra, Additiona

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J-K gov summons legislature for special session on GST

J-K gov summons legislature for special session on GST
GST
Dated:- 9-6-2017

Srinagar, Jun 8 (PTI) – Jammu and Kashmir Governor N N Vohra today summoned the state legislature for a special session on June 17 to discuss the draft GST legislation approved by the state government.
Yesterday, the state government had approved the draft legislation and expressed its desire to hold a special assembly session to discuss the specific issue of extension of GST to the state.
While the GST bill passed by the Parliament is not applicable to Jammu and Kashmir in its present form, the state has brought a modified version of the legislation that would neither infringe upon the its special status under Article 370 of the constitution, nor co

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GST TAX RATE FOR MACHINED CASTING

GST TAX RATE FOR MACHINED CASTING
Query (Issue) Started By: – Suresh Babu Dated:- 9-6-2017 Last Reply Date:- 9-6-2017 Goods and Services Tax – GST
Got 1 Reply
GST
Please suggest the GST tax rate for machined casting HSN code is 87082900 for interstate and intraststate
Reply By Rajagopalan Ranganathan:
The Reply:
Sir,
The rate of GST is 28% for intra state supplies. For inter state supply the tax is payable under IGST Act and the same is yet to be notified.
Discussion Forum –

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GST Rates on Pharmaceuticals Products and Diagnostic kits

GST Rates on Pharmaceuticals Products and Diagnostic kits
Query (Issue) Started By: – RAHUL KHAKHRA Dated:- 9-6-2017 Goods and Services Tax – GST
GST
We have query on GST Rate Schedule for goods (18th May-2017) for Chapter 30 (Pharmaceutical products). Against Ch.30, the GST tariff has been specified at 5% for the the products i.e- "Drugs or medicines including their salts
and esters and diagnostic test kits, specified in List 3 or List 4 appended to the notification No.12/2012-C

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Freight and Packing charges

Freight and Packing charges
Query (Issue) Started By: – Suresh Babu Dated:- 9-6-2017 Last Reply Date:- 11-7-2017 Goods and Services Tax – GST
Got 3 Replies
GST
If I raise the sales invoice its come packing charges and freight amount. It is also calculate for GST or only the basic value to be calculated
Reply By PAWAN KUMAR:
The Reply:
Dear Sir,
As per my view, gst would also payable on packing charges and freight related to supply of goods.
Reply By Himansu Sha:
The Reply:
for

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GST ON PETROLEUM PRODUCTS – Need for review of of the Statutory Provisions

GST ON PETROLEUM PRODUCTS – Need for review of of the Statutory Provisions
By: – Sasidharan Gopalakrishnan
Goods and Services Tax – GST
Dated:- 9-6-2017

When GST is implemented, the Central Excise Duty (CENVAT) leviable under the Central Excise Act 1944 (CE Act) will get replaced by CGST under the CGST Act 2017 (CGST Act) for all commodities including petroleum products falling under Chapter 27 of HSN, except for the five specified petroleum products, excluded from GST for the time being..
These five petroleum products viz. Petroleum Crude, Motor Spirit commonly known as Petrol, High Speed Diesel, Aviation Turbine Fuel and Natural Gas have temporarily been kept out of GST and GST Council shall decide the date from which they shall be included in GST. (Ref: Q.6 of FAQ on GST (2nd Edition) dated 31.03.2017 )
This is sought to be achieved through the following statutory changes::
* Sec 9 of the CGST Act which authorizes the levy & collection of CGST contain the foll

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ral Excise Tariff Act 1985, is amended & replaced by new section Sec 3 (vide The Taxation Laws Amendment Act 2017).
This new Sec 3 of the CE Act authorizes levy & collection of Duty of Excise (CENVAT) at rates set forth in the Fourth Schedule, The Fourth Schedule which is inserted in CE Act through this amendment, is the extract of the existing First Schedule of Central Excise Tariff Act 1985, but containing only those items for which CENVAT is proposed to be continued.
The GST Rate Schedule for Goods, finalized by the GST Council, prescribes the rates of GST for all commodities grouped under Chapter nos 1 to 98 of HSN classification. Out of the five specified petroleum products Petroleum Crude falls under HSN Heading 2709, Petrol,Diesel and ATF fall under HSN Heading 2710 along with other Petroleum Oils & Oils obtained from Bitumenous minerals, AND Natural Gas falls under HSN Heading 2711 along with other Petroleum Gases & other Gasesous Hydrocarbons. In the GST Rate Schedule for

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However while mentioning goods under HSN Heading 2711, Natural Gas has not been expressly excluded. This indicates a GST liability at prescribed rates for Natural Gas alongwith other gases falling under HSN Heading 2711.
* Under the newly inserted Fourth Schedule of Central Excise Act 1944, which seeks to prescribe cenvat rates only for items sought to be retained under CENVAT , the following entries appear:
2710
Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils
– Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the prep

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.
…..
2710 19 50
Fuel oil
Kg.
…..
2710 19 60
Base oil
Kg.
…..
2710 19 70
Jute batching oil and textile oil
Kg.
…..
2710 19 80
Lubricating oil
Kg.
…..
2710 19 90
Other
Kg.
…..
2711
Petroleum gases and other gaseous hydrocarbons
– Liquefied:
2711 11 00
Natural gas
Kg.
14%
2711 12 00
Propane
Kg.
…..
2711 13 00
Butane
Kg.
…..
2711 14 00
Ethylene, propylene, butylene and butadiene
Kg.
…..
2711 19 00
Other
Kg.
…..
– In gaseous state:
2711 21 00
Natural gas
Kg.
14%
2711 29 00
Other
Kg.
…..
It may be seen that , in the Fourth Schedule , under HSN 2710 12 Light oils & Preparations, all the types of Motor Spirits are listed under a common heading viz. Motor Spirit (commonly known as Petrol). This is not technically correct since all categories of products defined as “Motor Spirits” as per the Chapter Notes/Supplementary Notes under Chapter 27 are not com

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T and CENVAT would become simultaneously chargeable on Motor Spirit other than Petrol, which includes SBPS (2710 12 11) and Naphtha (2710 12 19), among others. It is worth mentioning in this connection that the existence of Motor Spirit under distinct categories other than Petrol, has already been recognized under the Central Excise Tariff by providing for separate rates of Duty for Motor Spirit commonly known as Petrol , Naphtha and SBPS(other than Petrol & Naphtha), the first two vide separate effective rates /exemptions prescribed in notification issued under Sec. 5A and the the last one by the Tariff Entry itself..
Similar is the case of Light Oils & Preparations other than Motor Spirit, falling under 2710 12 20-Natural Gasolene Liquid (NGL) and 271012 90- Others (other than NGL) for which CENVAT rates have been mentioned in Fourth Schedule, even though they are covered under GST. Here also Cenvat rates mentioned in the Fourth Schdeule need to be deleted or fully exempted under s

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at.
* GST Rate schedule for Goods finalized by GST council prescribes GST rates for all petroleum products falling under HSN Headings 2710 , 2711, 2712 and 2713 other than Petrol, Diesel and ATF. At the same time, amended Central Excise Law (Fourth Schedule to the Act), prescribes Cenvat Rates not only for Petroleum Crude (Nil Rate), Petrol, Diesel, ATF and Natural Gas, but also for some other petroleum products and intermediates which will fall under HSN Headings 2710 12 11 , 2710 12 12 , 2710 12 13 , 2710 12 19, 2710 12 20 and 271012 90.. Thus Some Petroleum Products & intermediates falling under 2710 12 11 , 2710 12 12 , 2710 12 13 , 2710 12 19, 2710 12 20 and 271012 90, will be simultaneously liable for GST and Cenvat .- examples are SBPS (2710 12 11, Naphtha (2710 12 19) and Reformat (2710 12 19)
* With the above provisions in the GST Law and Central Excise Law co-existing, both GST and Cenvat would be chargeable on Natural Gas and some other Petroleum Products and intermediat

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Burden of tax on Heena Manufacturers and Traders under GST

Burden of tax on Heena Manufacturers and Traders under GST
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 9-6-2017

The GST Council at its meeting on May 18, 19 has evolved a consensus on GST rates for goods and services, leading us closer to July 1 implementation. The underlying objective of rate declaration was clear for some time, which is to maintain the current effective indirect tax burden to control inflation and avoid surprises. The government has kept a large number of items under 18% tax slab. The government categorised 1211 items under various tax slabs.
The products falling under tariff heading chapter 3305 will be charged at maximum rate of 28%. These are cosmetics items and covers hair dyes also. The r

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a powder and paste cleared from 01.01.2007 to 01.03.2013. Apart from the exemption from levy of central excise duty, the heena products also enjoy exemption from levy of taxes levied by the State Government.
This levy of tax on Heena powder and Paste under GST contradicts the underlying objective of rate fitment i.e. to maintain current effective indirect tax burden under GST. Though Government Officials always gave intimation that there will be curtailment in present exemptions and abatements applied on goods and services but this is a very harsh provision on Heena Manufactures and Traders as their product is very low priced and ultimately paying such large amount of tax under GST will make it difficult to survive under new indirect taxat

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