Goods and Services Tax

Writing off of stock post GST
Query (Issue) Started By: – Aitha RajyaLakshmi Dated:- 1-6-2017 Last Reply Date:- 2-6-2017 Goods and Services Tax – GST
Got 2 Replies
GST
Sir,
What are the provisions in respect to write off the stock as on the date of implementation of GST and the stock acquired after the implementation of GST?
Reply By Ganeshan Kalyani:
The Reply:
The corresponding input tax credit is required to be reversed.
Reply By MUKUND THAKKAR:
The Reply:
Rule 3(5B) in the

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Transactions whether inter state or intra-state?
Query (Issue) Started By: – Yatin Bhopi Dated:- 31-5-2017 Last Reply Date:- 4-7-2017 Goods and Services Tax – GST
Got 2 Replies
GST
Dear expert,
We are manufacturer and having factory in Maharashtra. Please let me know whether below transaction are inter state of intra state as per place of supply (section 10 of IGST act).
Sr. No
Bill to
Ship to
Terms of conditions
Whether Intra-state\Inter state?
3
Maharashtra
Delhi
Ex-Works
5
Delhi
Maharashtra
Ex-Works
6
Delhi
Maharashtra
Transport by us (door Delivery)
7
Delhi
Karnataka
Ex-Works
9
Delhi
Delhi
Transport arrange by us to handover goods to customers transporter in Maharashtra.
Reply By Himansu Sha:
The

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Dr. Hasmukh Adhia, Revenue Secretary reiterates that the Goods and Services Tax (GST) would be implemented from July1, 2017; States that GST would help in creating lot of jobs for young generation
GST
Dated:- 31-5-2017

Dr. Hasmukh Adhia, Revenue Secretary, Ministry of Finance, Government of India categorically stated that the Goods and Services Tax (GST) will be implemented from July 1, 2017. Dr Adhia was speaking at a Town Hall Meeting with GST stakeholders including Tax Assesses, Traders and representatives of Trade Unions in Bengaluru, Karnataka yesterday. The Meeting was jointly organized by the Chief Commissioner of Central Excise and Service Tax, Central Board of Excise & Customs (CBEC), Government of India and the Commi

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uld bring in uniformity of different tax laws and tax rules.He said that there would be seamless transfer of input tax credit under GST regime. In his concise briefing, Dr Adhia clarified the doubts of various stakeholders about different issues relating to GST. He also assured to reply to the queries and to clarify the doubts of people at large about GST through the GST Twitter handle.
Speaking on the occasion, Shri Krishna Byre Gowda, Agriculture Minister, Government of Karnataka and Member of the GST Council spoke at length and explained the rationale of tax structure under GST regime. He also elaborated the contribution of GST Council under the Chairmanship of the Union Finance Minister Shri Arun Jaitley which took all the decisions so

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Valuation of supply under CGST Act,2017 and Rules thereof
By: – Sanjeev Singhal
Goods and Services Tax – GST
Dated:- 31-5-2017

Value for supply of goods and services is important part of GST. For valuing any goods or services is subject matter of discussion and contentious in nature . Value means price of any goods or service on which tax to be imposed particularly when parties are related or distinct person. This has all been incorporated in Section 15 of the CGST Act,2017. Main basis of valuation is Transaction value which has not been defined in the Act but includes having price , between person not related and the price being sole consideration. In valuation one need to keep in mind the inclusion and exclusion from the price of goods and service on which tax under GST Shall be charged.
Value of Taxable Supply
* The value of supply of goods or supply of services shall be transaction value that is price actually paid or payable where the supplier and recipient of s

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e time ofsupply provided such discount is recorded in the invoice.
b] after the supply has been effected if;
i] discounts is given as per the agreement entered into at or before the supply and linked to relevant invoices.
Ii] Input tax credit is reversed by the recipient of supply on such discount.
Where the value can not be determined as per sub section 1, the same shall be determined as may be prescribed.
Valuation Rules
* Value of supply of goods or service where the consideration is not wholly in money
Value Shall be
* Open market value
* If OMV is not available, Total consideration in money.
* If above two are not available, value of supply of goods or service or both of like kind and quality.
Example
Where a new phone is supplied for ₹ 20000 along with the exchange of an old phone and if the price of the new phone without exchange is ₹ 24000, the open market value of the new phone is ₹ 24000.
Value of goods or service or both between distin

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the value goods or services or both can not be determined as per the proceeding rules, the value shall be 110% of the cost of production or manufacture or cost of acquisition or cost of provision.
Residual method for valuation of goods or services or both
Where the value goods or services or both can not be determined as per the Rules 1 to 4, same can be fix by reasonable means consistent with principles and general provision of section 15 and these rules. In case of supply of services , the supplier may opt for this rule.
Determination of value in respect of certain supplies
* Value of supply in relation to purchase and sale of foreign currency. At the option of supplier may be any hereinafter;
a] The value of supply of service in purchase or sale of foreign currency including money changing shall be determined by supplier of service as follows:
* When currency used is INR, difference of buying and selling and RBI rate for currency at that time.
* If RBI rate are not avai

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behalf of policy holder if such amount has been intimated to policy holder.
* In case of single premium annuity, 10% of single premium
* In case of other, 25% of premium charged in the first year and 12.5% of premium in subsequent year.
Provide that this rule will not apply where premium paid by policy holder is towards coverage of risk cover in life insurance.
Where taxable supply is provided by person dealing in buying and selling of second hand goods and no ITC has been claimed, value in this case shall be the difference of buying and selling of goods.
Where the purchase value of goods repossessed from defaulting borrower, who is not registered, Value of goods shall be reduced by 5% per quarter or part of the quarter from the date of purchase to the date of sale by person taking the repossession.
Value of token or voucher or coupon or stamp which redeemable against supply of goods or services or both shall be equal to money value of goods or service redeemed against suc

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th so procured or supplied as pure agent of supply.
iii] does not use his own interest
iv] receive only actual amount incurred to procure such goods or service
Rate of exchange of currency other than Indian rupees
The rate of exchange for determination of value of goods or service or both shall be the reference rate of RBI on the date of time of supply in terms of Section 12 & 13 of Act.
Value of supply inclusive of integrated tax, central tax , State tax and Union territory tax
Tax Amount = value inclusive of tax* tax rate
100+ tax rate
FAQ ;
* Is reference to GST Valuation rules requires in all cases.
Ans. No. it is required only in those cases where value can not be determined u/s 15[1].
Can the transaction value referred in Section 15[1]be accepted.
Ans. Yes. It can be accepted after accepting the inclusion in section 15[2]. Further transaction value can be also accepted where the transaction is between related person and price is not influenced.
Whether pos

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Declaration of valid PAN Number in Custom Documents (Bills of Entry/Shipping Bills) to avail IGST credit on imports & GST refund on exports.
06/2017 Dated:- 31-5-2017 Trade Notice
Customs
OFFICE OF THE COMMISSIONER OF CUSTOMS, PUNE
ICE HOUSE, 41/A, SASSOON ROAD, PUNE-411001
F. No. VIII/Cus/TECH/PN/&SI//48-75/2016
Date : 31-May-2017
PUBLIC NOTICE No. 06/2017
Subject:- Declaration of valid PAN Number in Custom Documents (Bills of Entry/Shipping Bills) to avail IGST credit on imports

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States may gain 350-450 billion in revenue post GST: Standard Chartered
GST
Dated:- 30-5-2017

New Delhi, May 30 (PTI) States can look at a higher revenue of ₹ 350-450 billion after GST implementation in mid-2017, says a Standard Chartered report.
According to Standard Chartered Bank's report titled India States' Finances: The other half of the story post GST implementation states can look at a total gain of ₹ 350-450 billion, roughly around 0.2-0.3 per cent of GDP.
The study that assessed underlying dynamics of various states' finances over a decade said if they can keep their fiscal deficits within the budgeted target, and the Central government adheres to its target of 3.2 per cent of GDP, the combi

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GST: THE GAME CHANGER FOR E-COMMERCE SECTOR
By: – CANeha Somani
Goods and Services Tax – GST
Dated:- 30-5-2017

Introduction:
In today's new economy, knowledge and information have become the main production factor. In this context, innovation and technical progress have a major contribution to the durable economic development. The electronic commerce is the key for enterprises' competitivity in this informational era, insuring the access to new market segments, increasing the speed of developing business, the increased flexibility of commercial policies, decreasing the provisioning, sale and advertising costs, simplifying the procedures etc. The impact of the electronic commerce upon the companies and upon society will be of great importance both as extent and as intensity. This study aims to establish the ways of making the Internet trade activities more effective and the possibilities by which this kind of activity contributes to the economic development and bec

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, reduction of exemptions, enable better compliances etc. thereby resulting into formation of common national market for goods and services .
Present Tax Scenario
Presently, e-commerce companies face five indirect taxes including service tax, central sales tax (CST), value-added tax (VAT) and customs duty. At present the centre taxes the sale of services and states tax the sales of goods. Therefore service tax, CST and customs duty have to be paid to the centre while VAT has to be remitted to the state governments. After the implementation of GST, it will become simple. Sellers on e-commerce will have to pay tax in the state where the delivery happens. In the long-run the creation of a unified market place may reduce the tax burden, inventory cost and logistical issues, and ensure seamless movement of goods across the country. Many producers, sellers and consumers will have easy access to an all-India market as there will be development of seamless national supply chain.
In case of

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Source (TCS) provision for e-commerce operators with respect to goods sold or services supplied through their portal which shall significantly increase the compliance burden on the industry.
E-Commerce:
Section 2(44) of the CGST Act, 2017 defines an Electronic Commerce to mean the supply of goods and/ or services, including digital products over digital or electronic network.
Thus, the scope of e-commerce is as follows:
* Supply of goods and/ or services
* Such supply or transmissions shall be over digital or an electronic network (primarily internet)
E-Commerce Operator:
* Section 2(45) of the CGST Act , 2017 defines an Electronic Commerce Operator (Operator) as every person who, owns, operates or manages digital or electronic facility or platform for electric commerce.
Transactions carried out by an e-commerce operator
Following transactions / events take place generally, when a transactions carried out by an e-commerce operators:
* Various products and services availa

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) every electronic commerce operator;
Tax Collection at Source (TCS) provisions to be applicable:
* Section 52 of the CGST Act , 2017 provides that the e-commerce operator not being an agent is required to collect (i.e. deduct) an amount at the rate of one percent from the net value of taxable supplies made through it where the consideration with respect to such supplies of goods and / or services is to be collected by the operator. The amount so deducted/collected is called as Tax Collection at Source (TCS).
* 'Net value of taxable supplies' shall mean the aggregate value of taxable supplies of goods or services other than the services on which tax shall be paid by the e-commerce operator made during any month by all registered taxable persons through the operator reduced by the aggregate value of taxable supplies returned to the suppliers during the said month.
* E-commerce operators will have to collect tax at source (TCS) in addition to what GST is payable in the states in

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been prescribed in the GST Rules.
Actual suppliers can claim credit of the TCS:
Such TCS which is deposited by the operator into Government account will be reflected in the cash ledger of the actual registered supplier (on whose account such collection has been made) on the basis of the statement filed by the operator. The same can be used at the time of discharge of tax liability in respect of the supplies by the actual supplier.
E-Commerce operator required to furnish information to the Government:
* Section 52(12) of CGST Act , 2017, provides that an officer not below the rank of Deputy Commissioner by serving a notice either before or during the course of proceedings , may require the operator to furnish details relating to:
(i) supplies of goods / services effected through the operator during any period;
(ii) stock of goods held by actual supplier making supplies through such operator in the godowns or warehouses belonging to the operator and registered as additional pla

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ed.
* Such supplier would be liable to pay tax along with interest at the rate specified under section 50 on the amount so added from the date such tax was due till the date of its payment.
Likely Impact in GST regime:
Based on the provisions of CGST Act, 2017, e-commerce companies shall be impacted, both positively and negatively under the GST regime.
* The e-commerce companies may have to revamp the current models, as the VAT rate arbitrage available in the current law may not be available in GST. Tax Collection at Source (TCS) provisions have been introduced on e-commerce operators in the GST Act. However, there are no provisions relating to collection of tax at source under the current tax regime.
* The procedure for all the invoices / receipts towards inward and outward supplies will become cumbersome as each one of them will have to be uploaded in the system.
* The frequency and number of returns to be filed will go up.
* Mandatory registration to be taken by the e-c

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nal supply chain.
Major challenges in GST:
GST poses multifarious challenges to e-commerce sector. Some of them are as follows:
Sales Return
Under CGST Act , 2017 , once the goods are being supplied, suppliers need to charge the GST on the bill and the same need to be paid to the Government. But if the goods are being returned back from the customer, whether the assessee can claim the credit of the same or can apply for refund. Certainly, there is no provision enumerated in the Act in this regard. As per section 54 of the CGST Act , 2017, refund can be apply only when there is unutilized credit on account of exports or when there is credit accumulation on account of rate of tax on inputs being higher than the rate of tax on outputs. Taking into fact that around 30% of the products are being returned in online retails, it's going to hit the sector very hard.
Books of account
As per section 35 of the CGST Act,2017, every registered person shall maintain books of account at his pri

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n his statement should be matched with the corresponding details of outward supplies furnished by the concerned supplier in his valid return filed for the same calendar month or any preceding calendar month. If the above do not match within a reasonable time, then the supplier would be liable to pay tax along with interest at the rate specified under section 50 on the amount so added from the date such tax was due till the date of its payment.
Discounting
The Vendors Offer a lot of discounts post invoicing which may not be known at the time of invoice and may be innovative and different from trade norms. As per the CGST Act , 2017, these discounts may not be allowed as deduction from transaction value on which GST would be calculated as section 15 of the CGST Act , 2017 allows only such post-supply discount which is established as per the agreement and is known at or before the time of supply and specifically linked to relevant invoices. Moreover, there is a concept of sizable discou

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ould immediately do?
* Review of existing business models
* Review of supply chain management
* Vendor training modules to ensure compliances and harmony with e-com's procedures / documentations
* Standardization of documents, invoices etc.
* Vendor contracts / documentation
* Review / change of ERP / operational software
* Accounting changes
* Impact analysis
* Supply chain / logistics analysis
* Staff training
Conclusion
GST is surely going to be a game changer for e-commerce businesses as there are no provisions relating to collection of tax at source under the current tax regime. In order to mitigate the challenges being posed by e-commerce transactions, the Act endeavors to establish a compliance mechanism to ensure that the appropriate taxes are discharged by the actual suppliers supplying goods or services through electronic portals.
Reply By Anoop Dubey as =
We qualified as GST Suvidha Provider and we aim to deliver pre-and post GST rollout to our

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Transitional provisions-Credit of tax paid in relation to unsold stock [Section 140(3)] – Actual Credit as well as Notional Credit – Part-II
By: – CASanjay Kumawat
Goods and Services Tax – GST
Dated:- 30-5-2017

Trader's eligibility to claim credits on unsold stock on stock- Transitional Provision – Section 140(3)
State Levies
Taxpaying document available
Q. Whether a person can claim the credit for taxes paid in relation to goods lying in the stock where such person is having taxpaying documents?
Ans. As per section 140(3) of SGST Act, 2017, a registered person under GST who was-
* not liable to be registered under the existing law, or
* sale of exempted goods or tax-free goods, or
* goods which have suffered tax at the first point of their sale in the State and the subsequent sales of which are not subject to tax in the State under the existing law but which are liable to tax under this Act, or
* where the person was entitled to the credit of input tax at t

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e credit under GST in relation to unsold stock:
* such inputs and/or goods are used or intended to be used for making taxable supplies under this Act,
* the said registered person is eligible for input tax credit on such inputs under this Act,
* the said registered person is in possession of invoice and/or other prescribed documents evidencing payment of duty under the existing law in respect of such inputs, and
* such invoices and /or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day.
Notional Credit @40%
Taxpaying document not available
Q. Whether a person can claim the credit for taxes paid in relation to goods lying in the stock where such person is not having taxpaying documents?
Ans. As per proviso to section 140(3) of SGST Act, 2017 read with Rule 1 (3) of the Transition Rules, 2017, a registered person under GST can claim credit in relation to goods which have suffered tax at the first point of their sale i

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of capital goods cannot be claimed.
Q. What will be the eligible credit amount that a person can claim in the case where the person is not having taxpaying documents?
Ans. If a registered person is not having taxpaying documents (like tax invoice, bill of entry etc.) then a person can claim the credit equivalent to the 40% of SGST paid on the supply of such unsold stock.
For example, a person is having the stock worth of Rs. 50,000/- as on appointed date. Such person has supplied goods for Rs. 60,000/- and on which he has paid SGST @28% i.e., Rs. 16,800/-(Rs. 60,000@28%). Now, in accordance with the provisions of Transition Rules, he can claim credit to the extent of 40% of SGST paid, i.e., Rs. 6,720/- (Rs. 16,800@40%).
Q. Is there any time period to avail this scheme?
Ans. Yes, to claim benefit under this scheme, a person has to claim credit within 6 tax periods.
Q. What are the conditions to avail credit of tax/duty paid in relation to unsold stocks as on appointed date?
Ans.

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can avail credit under this scheme.
Reply By Ganeshan Kalyani as =
Please check “credit is eligible on 40% of SGST payable “. In my 40% of central GST payable would be available as credit.
Dated: 31-5-2017
Reply By CASanjay Kumawat as =
For the credit of excise duty – 40 percent of CGST
[Legal reference : proviso to section 140(3) of the CGST Act, 2017 read with Rule 1(3) of the Transitional Rules, 2017 (For CGST only)]
For the credit of VAT -40 percent of of SGST
[Legal reference : proviso to section 140(3) of the SGST Act, 2017 read with Rule 1(3) of the Transitional Rules, 2017 (For SGST Only) ]
In the present case, I have discussed about credit in relation to VAT , accordingly , 40 percent of SGST payable shall be allowed​ as credit.
Dated: 31-5-2017
Reply By Krishna Murthy as =
Purchases made from outside the state (CST purchases) and tax paid to the seller and issued 'C' form to the seller. Such purchase is lying as stock as on appointed date. Can IT

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Time of Supply – GST
By: – CAJUGAL DOSHI
Goods and Services Tax – GST
Dated:- 30-5-2017

Background –
Point of taxation means the point in time when goods have been deemed to be supplied or services have been deemed to be provided. The point of taxation enables us to determine the rate of tax, value, and due dates for payment of taxes.Under GST the point of taxation, i.e., the liability to pay CGST / SGST, will arise at the time of supply as determined for goods and services.
Sr. No.
Particulars
Goods
Services
1
Normal mechanism
if invoice issued in time(See Note 1)
Earlier of two:
* Date of invoice or
* Date of receipt of payment
Earlier of two:
* Date of invoice or
* Date of receipt of payment
Normal mechanism
if invoice not issued in time
Earlier of two:
* Last date for issue of invoiceor
* Date of receipt of payment
Earlier of two:
* Date of provision of service or
* Date of payment
Others
Date as per books
2
Reverse charge mecha

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Date of return on which it is to be filed
Date on which tax is to be paid
5
In case of addition to the supply(by way of interest, penalty or late fees)
Date of supply to the extent of addition should be date on which supplier receives such addition.
Date of supply to the extent of addition should be date on which supplier receives such addition
Notes
* In case the supplier receives amount up to INR 1000 in excess of invoice amount, then he can opt the date of Invoice in respect of such excess
“Supply” shall bedeemed to have been made to the extent it is covered by the invoice or, as the case may be, the payment.
Date of receipt of payment will be earlier of two:-
* Date on which entry entered in books of accounts or
* Date on which payment credited to bank account
“voucher” means an instrument where there is an obligation to accept it as consideration or part consideration for a supply of goods or services or both and where the goods or services or both to be supplied

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tatements of accounts
Before or at the time ofeach such statement is issued or
Successive payments
Before or at the time of each such payment is received
3
In case of supply of services
Banking company or Financial/Non-financial institutions
Before or within 45 days from date of supply of service
Other cases
Before or within 30 days from date of supply of service
Supply between distinct persons in case of insurance or banking company or financial institution including NBFC or telecom operator or class of supplier as notified by government
When such supplier records the same in his books of account or before the expiry of the quarter during which the supply was made.
4
In case of continuous supply of services
Due date of payment is ascertainable
On or before the due date of payment
Due date of payment is not ascertainable
On or before such time when the supplier of service receives the payment
Payment is linked to the completion of an event
Onor before completion of

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GST for differed (after commissioning & acceptance etc) payment.
Query (Issue) Started By: – MohanLal tiwari Dated:- 29-5-2017 Last Reply Date:- 2-6-2017 Goods and Services Tax – GST
Got 6 Replies
GST
GST is payable on advances received from customers, what is provision for GST where part payment (5% or 10%) is payable after three / six months of receipt & acceptance of goods and balance 10% or 20% payment after successful installation & commissioning or performance of equipment.
Reply By Rajagopalan Ranganathan:
The Reply:
Sir,
According to Section 31 (5) of CGST Act, 2017-
Subject to the provisions of clause (d) of sub-section (3), in case of continuous supply of services,
(a) where the due date of payment is ascertaina

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e according to the above provisions you have to issue the invoice in your case.
Reply By MohanLal tiwari:
The Reply:
Mr Rajgopalan Sir,
Your reply to above query is for services " Subject to the provisions of clause (d) of sub-section (3), in case of continuous supply of services, whereas in our case, we are supplying goods (machinery parts) and payment terms is say – 10% advance against ABG after order acceptance, 70% against receipt of mtls by consignee, 10% against PBG after 6 months of receipt of goods, balance & final 10% against PBG after successful installation and trial of equipment.
In the sub-section 4 & 5 of the Rule also not applies correctly as it is not continuous supply.
Reply By Rajagopalan Ranganathan:
The Reply:

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The Union Finance Minister, Shri Arun Jaitley: Goods and Services Tax (GST) is an efficient tax system which not only checks tax evasion but also helps evolving India to become very strong society
GST
Dated:- 29-5-2017

The Union Finance Minister, Shri Arun Jaitley: Goods and Services Tax (GST) is an efficient tax system which not only checks tax evasion but also helps evolving India to become very strong society
FM inaugurates the National Academy of Customs, Indirect Taxes and Narcotics (NACIN) Campus in Bengaluru today
Inaugurating the National Academy of Customs, Indirect Taxes and Narcotics (NACIN) Campus in the Bengaluru today, the Union Finance Minister Shri Arun Jaitley said that Indirect Taxation regime in the count

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HSN Code required to be mentioned in Invoice
Query (Issue) Started By: – SUSHIL GOYAL Dated:- 29-5-2017 Last Reply Date:- 6-6-2017 Goods and Services Tax – GST
Got 4 Replies
GST
What is HSN Code. In FAQ issued by cbec on 31/03/2017 it is said that a person whose turnover is upto ₹ 1.50 crore need not mention any HSN Code. A supplier having turnover between 1.50 Crore and 5 Crore will mention 2 digit HSN Code and with turnover more than 5 Crore 4 digit HSN Code will be mentioned.
My query is that in the HSN Code list we find two digit code as Chapter and 6 digit or 8 digit codes for products. Pl clarify.
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
FAQ may be revised.
Reply By Himansu Sha:
The Reply:
HSN means Harmoni

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regarding tin no
Query (Issue) Started By: – himanshu mittal Dated:- 29-5-2017 Last Reply Date:- 5-6-2017 Goods and Services Tax – GST
Got 4 Replies
GST
hello sir/madam
my query is that is TIN no is required under GST for small scale business man or not
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
Not at all required. They have to take registration if their transaction threshold limit crosses ₹ 20 lakhs.
Reply By Himansu Sha:
The Reply:
When all the taxes are subsumed , TI

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Department of Revenue, Ministry of Finance, Government of India launches a new Twitter Handle @askGST_GoI to invite queries from all taxpayers and other stakeholders on GST
GST
Dated:- 29-5-2017

The Department of Revenue, Ministry of Finance, Government of India has opened a new Twitter Handle @askGST_GoI to invite queries from all taxpayers on GST. All taxpayers and other stakeholders are welcome to direct their queries related to GST on the said twitter handle for early resolutio

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Time of supply under CGST Act, 2017
By: – Sanjeev Singhal
Goods and Services Tax – GST
Dated:- 29-5-2017

This chapter will focus on time of supply of goods and services which includes goods and services. Time of supply is very significant part of any business vis a vis taxation .Time is important for point of taxation that when the liability to pay tax will arise on goods and services . Let us address the issue one by one.
Time of Supply of Goods [ Sec.12 ]
1. The liability to pay tax shall arise only at the time of supply of goods. Earliest of the following shall be the time of supply
* Date of issue of invoice or the last date of issue of invoice u/s 31[1]
* At the time of receipt of payment.
If the payment received by the supplier is up to ₹ 1000 in excess of amount written in invoice, time of supply for such excess shall be at the option of supplier, may be the date of issue of invoice.
2. Time of supply in case of reverse charges shall be earliest o

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/ CGST is paid
Example
General
Invoice date
Invoice due date
Payment in supplier books
Credit in bank a/c
Time of supply
Invoice raised before removal
10-11-2017
20-11-2017
28.11.2017
30.11.2017
10.11.2017
Advances received
15.11.2017
20.11.2017
10.11.2017
13.11.2017
10.11.2017
In case of movement of goods
Invoice date
Removal of goods
Delivery of goods
Receipt of Payment
Time of supply
Delayed issue of invoice
26.11.2017
20.11.2017
26.11.2017
26.11.2017
20.11.2017
Advance received
30.11.2017
10.12.2017
14.12.2017
20.11.2017
20.11.2017
Supply otherwise than movement of goods
Invoice date
Receipt of invoice by recipient
Delivery of goods
Receipt of payment
Time of supply
Delay issue of invoice
30.11.2017
05.12.2017
26.11.2017
10.12.2017
26.11.2017
Invoice issued before prior to delivery
20.11.2017
30.11.2017
26.11.2017
10.12.2017
20.11.2017
Reverse charge
Invoice date
Removal of goods
Receipt of goods
Payment by recipient
Ti

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be at the option of supplier, may be the date of issue of invoice
2. In case where tax is payable on supply of services under reverse charge, earliest of the following;
* Date of payment as entered in the books of recipient or the date when payment is debited in his bank account which ever is earlier
* 60 days from the date issue of invoice or any other document by supplier
* Where above provision shall not apply, the time of supply shall be the date of entry in the books of account of recipient.
3. In case of supply of vouchers
* Date of supply of voucher, if it can be identify
* Date of redemption of voucher in all other cases
4. In case it is not possible to establish the time of supply as discussed above in [2&3] then
* In case of periodical return to be filed ,date on which periodical return has to be filed
* In all other cases , date on which SGST / CGST is to be paid
Example
General
Invoice date
Invoice due date
Payment in supplier books
Credit in bank a

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e determined as below;
1. In the case of goods or services have been supplied before the change of effective rate of tax
* Where the invoice is raised and payment is received after the change of rate of tax , time of supply shall be earliest of the invoice or payment
* Where the invoice is raised before the change of rate of tax and payment is received after the change of rate of tax, date of invoice shall be time of supply.
* Where payment is received before change of rate of tax and invoice is issued after the change of rate of tax, time of supply shall be date of receipt of payment
2. In the case of goods or services have been supplied after the change of effective rate of tax
* Where the payment is received after the change of rate of tax and invoice is raised before change of rate of tax, time of supply of services shall be date of date of receipt of payment.
* Where the invoice is raised after the change of rate of tax and payment is received before the change of rate

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INTERPRETATION OF CENTRAL GOODS AND SERVICES TAX (CGST) ACT (PART-7)(Meaning of Important Terms)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 29-5-2017

This part of the series contains meanings of certain terms covered in Section 2 of the CGST Act, 2017. These are Goods, Government, GST Practitioner, India, Input, Input Service , Input Service Distributor, Input Tax and Input Tax Credit.
Goods [Section 2(52)]
'Goods' means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply.
A very wide definition of goods covering all movable properties with the exception of money and securities have been provided in GST law. Immovable properties are not included in 'goods'. For the first time in indirect taxation, actionable claims have been considered as goods b

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General Clauses Act 1897, defines Central Government as under:
"Central Government" shall in relation to anything done or to be done after the commencement of the Constitution, means the President; and shall include-
* in relation to functions entrusted under clause (1) of article 258 of the Constitution, to the Government of a State, the State Government acting within the scope of the authority given to it under that clause;
* in relation to the administration of a Part C State, the Chief Commissioner or the Lieutenant-Governor or the Government of a neighboring State or other authority acting within the scope of the authority given to him or it under article 239 or article 243 of the Constitution, as the case may be; and
* in relation to the administration of a Union Territory, the administrator thereof acting within the scope of the authority given to him under article 239 of the Constitution;
GST Practitioner [Section 2(55)]
'Goods and services tax practition

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orial waters, continental shelf, exclusive economic zone or any other maritime zone as defined in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976;
* the seabed and the subsoil underlying the territorial waters;
* the air space above its territory and territorial waters; and
* the installations, structures and vessels located in the continental shelf of India and the exclusive economic zone of India, for the purposes of prospecting or extraction or production of mineral oil and natural gas and supply thereof.
It is important to note that the definition of term ' India' does not specifically include installation, structure and vessels located in continental shelf and exclusive economic zone for the purpose of extracting/ prospecting/ production of mineral oil and natural gas and supply thereof.
Input [Section 2(59)]
'Input' means any goods other than capital goods used or intended to be used by a supplier in the cours

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e eligible for availment of input tax credit.
It should be a service(not a good). Such service should be used or intended to be used by supplier in the course of or furtherance of business.
Input Service Distributor [Section 2(61)]
'Input Service Distributor' means an office of the supplier of goods or services or both which receives tax invoices issued under Section 31 towards the receipt of input services and issues a prescribed document for the purposes of distributing the credit of central tax, State tax, integrated tax or Union territory tax paid on the said services to a supplier of taxable goods or services or both having the same Permanent Account Number as that of the said office.
The term 'Input Service distributor' has been defined in section 2(61) of GST law to mean:
* An office of the supplier of goods and / or services,
* Which receives tax invoices issued under Section 31,
* Towards receipt of input services ,
* Who issues tax invoices or such other d

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other offices under the same PAN which are engaged in supply of goods and / or services.
The ISD is entitled to take credit of services used by it and further, ISD has been made eligible for distributing the credit of ITC so accumulated to various other units proportionately. Under the provisions of Section 24 of CGST law, every ISD is required to be registered under the Act.
Input Tax [Section 2(62)]
'Input tax' in relation to a registered person, means the central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or services or
both made to him and includes-
* the integrated goods and services tax charged on import of goods;
* the tax payable under the provisions of sub-sections (3) and (4) of section 9;
* the tax payable under the provisions of sub-section (3) and (4) of section 5 of the Integrated Goods and Services Tax Act;
* the tax payable under the provisions of sub-section (3) and sub-section (4) of section 9 of the respe

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tax paid as composition levy under the provisions of section 10 will not be considered as an input tax.
Input Tax Credit [Section 2(63)]
'Input tax credit' means the credit of input tax.
Input tax credit means credit of input tax as defined in section 2(62). From the definition of input tax and Input tax credit, it is important to note that:
* The credit of CGST, SGST, IGST and UTGST and tax paid under reverse charge mechanism shall be available as input tax credit (ITC).
* The tax credit is available to registered taxable person only.
* Tax credit is a tax charged on goods and services supplied to taxable person.
* Goods and services on which credit is eligible should be used or meant to be used in the course or furtherance of business of such taxable person.
(To be continued…..)
Reply By ANIL ANIKHINDI as =
Dear Dr. Sanjiv Agarwal
Very good article. I think you should publish a book compiling all your articles written so far on GST.
Dated: 30-5-2017
S

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Maharashtra Goods and Services Tax related laws (Amendments, Validation and Savings) Act, 2017.
Mah. Act No XLII of 2017 Dated:- 29-5-2017 Maharashtra SGST
GST – States
Maharashtra SGST
Maharashtra SGST
Maharashtra Goods and Services Tax related laws (Amendments, Validation and Savings) Act, 2017.
=============
Document 1
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सà¥â€¹Ã Â¤Â®Ã Â¤ÂµÃ Â¤Â¾Ã Â¤Â°, मà¥â€¡ २९, २०१७ / à¤Å“्यà¥â€¡Ã Â¤Â·Ã Â¥ÂÃ Â¤Â  ८, शà¤â€¢Ã Â¥â€¡ १९३९
RNI No. MAHENG /2009/35528
[ पà¥Æ’ष्ठà¥â€¡ १४, à¤â€¢Ã Â¤Â¿Ã Â¤â€šà¤®à¤¤ :

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€¡Ã Â¤â€šà¤â€”्रà¤Å“à¥â‚¬ à¤â€¦Ã Â¤Â¨Ã Â¥ÂÃ Â¤ÂµÃ Â¤Â¾Ã Â¤Â¦).
In pursuance of clause (3) of article 348 of the Constitution of India, the following
translation in English of the Maharashtra Goods and Services Tax related Laws (Amendments,
Validation and Savings) Act, 2017 (Mah. Act No.XLII of 2017), is hereby published under the
authority of the Governor.
By order and in the name of the Governor of Maharashtra,
PRAKASH H. MALI,
Principal Secretary to Government,
Law and Judiciary Department.
I of 1923.
LIX of
MAHARASHTRA ACT No. XLII OF 2017.
(First published, after having received the assent of the Governor in the
“ Maharashtra Government Gazette ”, on the 29th May 2017).
An Act further to amend the Mumbai Municipal Corporation Act, the
Maharashtra Entertainments Duty Act, the Maharashtra Municipal
Corporations Act, the Maharashtra Motor Vehicles Tax Act, the Maharashtra
Village Panchayats Act, the Maharashtra Municipal Councils, Nagar

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¤â€¦Ã Â¤Â¸Ã Â¤Â¾Ã Â¤Â§Ã Â¤Â¾Ã Â¤Â°Ã Â¤Â£ भाà¤â€” à¤â€ Ã Â¤Â , मà¥â€¡ २९, २०१७ / à¤Å“्यà¥â€¡Ã Â¤Â·Ã Â¥ÂÃ Â¤Â  ८, शà¤â€¢Ã Â¥â€¡ १९३९
hereinafter appearing; it is hereby enacted in the Sixty-eighth Year of the
Republic of India as follows :—
CHAPTER I
1. (1) This Act may be called the Maharashtra Goods and Services Tax
commencement. related laws (Amendments, Validation and Savings) Act, 2017.
Amendment
(2) (a) Section 63, sub-section (3) of section 67 and section 73 shall come
into force on the date of publication of this Act in the Official Gazette;
(b) remaining sections shall come into force from such date as the
State Government may by notification in the Official Gazette appoint, and
different dates may be appointed for different provisions.
CHAPTER II
AMENDMENTS TO THE MUMBAI MUNICIPAL CORPORATION ACT.
2. In section 3 of the Mumbai Municipal Corporation Act (herein

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194, 194-
1A, 194A, 195,
195-1A and
195-1B of III
of 1888.
Amendment
8. In section 196 of the Mumbai Corporation Act, the words “or by adding
of section 196 to the number of articles on which octroi is being levied” shall be deleted.
of III of
1888.
Deletion of
section 199 of
III of 1888.
Deletion of
section 213 of
III of 1888.
9. Section 199 of the Mumbai Corporation Act shall be deleted.
10. Section 213 of the Mumbai Corporation Act shall be deleted.
Deletion of 11. Sections 478, 478-1A, 478-1AA and 478-1B of the Mumbai
sections 478, Corporation Act shall be deleted.
478-1A, 478-
1AA and 478-1B
of III of 1888.
Deletion of
12. Schedules H and H-1 of the Mumbai Corporation Act shall be
Schedules H deleted.
and H-1 of
III of 1888.
m
महाराष्ट्र शासन राà¤Å“पत्र à¤â€¦Ã Â¤Â¸Ã Â¤Â¾Ã Â¤Â§Ã Â¤Â¾Ã Â¤Â°Ã Â¤Â£ भाà¤â€” à¤â€ Ã Â¤Â , मà¥â€¡

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o
be appointed as Chief Officer under the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships Act, 1965;
(f-a4) “Chief Executive Officer” of the Zilla Parishads
means the Chief Executive Officer of a Zilla Parishad appointed
under section 94 of Maharashtra Zilla Parishads and Panchayat
Samitis Act, 1961 ;
(f-a5) “Chief Executive Officer” of the Cantonment Board
means the person appointed as the Chief Executive Officer of a
cantonment under the Cantonments Act, 2006;
(f-a6) “Municipal Commissioner” means the Municipal
Commissioner for the Municipal Corporation appointed under the
Mumbai Municipal Corporation Act or as the case may be, under
the Maharashtra Municipal Corporations Act ;”.
14. In section 3 of the Entertainments Duty Act,—
of section 2
of I of 1923.
Amendment
of section 3
(1) except sub-sections (6), (7) and (8), for the words “State of I of 1923.
Government”, wherever they occur, the words “local authority” shall

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 Â¤Â¾Ã Â¤â€” à¤â€ Ã Â¤Â , मà¥â€¡ २९, २०१७ / à¤Å“्यà¥â€¡Ã Â¤Â·Ã Â¥ÂÃ Â¤Â  ८, शà¤â€¢Ã Â¥â€¡ १९३९
(ii) Chief Officer, in case of a Municipal Council,
(iii) Chief Executive Officer, in case of a Zilla Parishad or a
Cantonment Board, as the case may be,”.
15. Section 3AA of the Entertainments Duty Act shall be deleted.
16. In section 3A of the Entertainments Duty Act, –
(1) for the words “State Government” the words “local authority”
shall be substituted;
(2) the words, figure and letters “and a surcharge provided by
section 3AA” shall be deleted.
17. In section 4 of the Entertainments Duty Act, for the words “State
of section 4 Government”, wherever they occur, the words “local authority” shall be
of I of 1923. substituted.
Amendment
18. In section 4B of the Entertainments Duty Act, for the words “State
of section 4B Government”, wherever they occur, the words

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inments Duty Act, for the words “State
of section 9A Government”, wherever they occur, the words “local authority” shall be
substituted.
of I of 1923.
Amendment
of section 9B
of I of 1923.
Amendment
24. In section 9B of the Entertainments Duty Act, for the word
“Government” the words “local authority” shall be substituted.
25. In section 9C of the Entertainments Duty Act, for the word
of section 9C “Collector” the words “local authority” shall be substituted.
of I of 1923.
Amendment
26. In section 9D of the Entertainments Duty Act, for the word
of section 9D “Collector” the words “local authority” shall be substituted.
of I of 1923.
Amendment
of section 10
of I of 1923.
27. In section 10 of the Entertainments Duty Act,ۥ
(1) the existing section 10 shall be re-numbered as sub-section (1)
thereof; and in sub-section (1) as so re-numbered, for the words ” State
Government” wherever they occur, the words “local authority” shall
b

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substituted, namely :—
“(i) Municipal Commissioner, in case of a Municipal Corporation,
(ii) Chief Officer, in case of a Municipal Council, (iii) Chief
Executive Officer, in case of a Zilla Parishad, (iv) Chief Executive
Officer, in case of a Cantonment Board”.
of section
10A of I of
1923.
29. In section 12 of the Entertainments Duty Act, for the words “State Amendment
Government”, at both the places where they occur, the words “State of section 12
Government and local authority” shall be substituted.
30. Section 13 of the Entertainments Duty Act shall be deleted.
of I of 1923.
Deletion of
section 13 of
I of 1923.
31. Schedule appended to the Entertainments Duty Act shall be deleted. Deletion of
CHAPTER IV
AMENDMENTS TO THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT.
Schedule of I
of 1923.
LIX of 32. In section 2 of the Maharashtra Municipal Corporations Act Amendment
1949. (hereinafter, in this Chapter, referred to as “the Municipal Corporations Act”), o

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.
38. Section 146 alongwith the heading “Exemptions from Octroi” of the Deletion of
Municipal Corporations Act shall be deleted.
section 146
of LIX of
1949.
39. In section 149 of the Municipal Corporations Act, sub-section (6) Amendment
shall be deleted.
of section 149
of LIX of
1949.
भाà¤â€” à¤â€ Ã Â¤Â  – ९० – २
६
महाराष्ट्र शासन राà¤Å“पत्र à¤â€¦Ã Â¤Â¸Ã Â¤Â¾Ã Â¤Â§Ã Â¤Â¾Ã Â¤Â°Ã Â¤Â£ भाà¤â€” à¤â€ Ã Â¤Â , मà¥â€¡ २९, २०१७ / à¤Å“्यà¥â€¡Ã Â¤Â·Ã Â¥ÂÃ Â¤Â  ८, शà¤â€¢Ã Â¥â€¡ १९३९
Deletion of 40. Chapter XIA and sections 152A to 1520 of the Municipal
Chapter XIA Corporations Act shall be deleted.
and sections
152A to
1520 of LIX
of 1949.
Deletion of
Chapter XIB
41. Chapter XIB and sections 152P, 152Q, 152R, 152S and 152T of the
and sec

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ehicles Tax Act, for clause LXV of
in section 2 (1A), the following clause shall be substituted, namely:ۥ
of LXV of
1958.
“(1A) “cost of vehicle” in relation to,—
1958.
2017.
(a) a vehicle manufactured in India means, cost as per the
final cost mentioned in the purchase invoice of the vehicle issued 12 of
either by the manufacturer or the dealer of the vehicle which 2017.
shall include the basic manufacturing cost, Central Goods and 13 of
Services Tax levied under the Central Goods and Services Tax
Act, 2017, Integrated Goods and Services Tax under the Integrated
Goods and Services Tax Act, 2017, Cess under the Goods and
Services Tax (Compensation to States) Act, 2017 and Goods and 15 of
Services Tax under the Maharashtra Goods and Services Tax Act, 2017.
2017 and if the vehicle has been sold in the State of Maharashtra Mah. of
from any other State or Union Territory shall include the Goods 2017.
and Services Tax paid in such State or Union Territory, an

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planation.-(1) The discount given by the manufacturer or
the dealer, if any, shall be added in the final cost as mentioned in
the purchase invoice.
(2) The vehicles sold prior to the date of commencement of the
Central Goods and Services Tax Act, 2017, the Integrated Goods
and Services Tax Act, 2017, the Goods and Services Tax
(Compensation to States) Act, 2017 and the Maharashtra Goods and
Services Tax Act, 2017 and produced for registration after such date
shall be taxed as per the provisions which were in force prior to the
Maharashtra Goods and Services Tax related laws (Amendments,
Validation and Savings) Act, 2017;”.
७
2017.
III of
CHAPTER VI
AMENDMENTS TO THE MAHARASHTRA VILLAGE PANCHAYATS ACT.
47. In section 3 of the Maharashtra Village Panchayats Act (hereinafter, Amendment
1959. in this Chapter, referred to as “the Village Panchayats Act”), in section 3, of section 3
clauses (5), (11A) and (11B) shall be deleted.
48. Section 124 A of the Village

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of
Act shall be deleted.
Chapter IXA
and sections
148A to
1480 of
Mah. XL of
भाà¤â€” à¤â€ Ã Â¤Â  – ९० – ३
1965.
Amendment
महाराष्ट्र शासन राà¤Å“पत्र à¤â€¦Ã Â¤Â¸Ã Â¤Â¾Ã Â¤Â§Ã Â¤Â¾Ã Â¤Â°Ã Â¤Â£ भाà¤â€” à¤â€ Ã Â¤Â , मà¥â€¡ २९, २०१७ / à¤Å“्यà¥â€¡Ã Â¤Â·Ã Â¥ÂÃ Â¤Â  ८, शà¤â€¢Ã Â¥â€¡ १९३९
CHAPTER VIII
AMENDMENT TO THE MAHARASHTRA STATE TAX ON PROFESSIONS,
TRADES, CALLINGS AND EMPLOYMENTS ACT, 1975.
53. In Schedule I appended to the Maharashtra State Tax on Mah.
to Schedule I Professions, Trades, Callings and Employments Act, 1975, for entry 20A, the XVI of
following entry shall be substituted, namely:ۥ
of Mah. XVI
of 1975.
“20A. Persons, registered under the Maharashtra
Goods and Services Tax Act, 2017.
CHAPTER-IX
AMENDMENTS TO THE MAHARAS

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be deleted;
(5) in clause (8), Exception I, II and III shall be deleted;
(6) clause (9) shall be deleted;
(7) for clause (12), the following clause shall be substituted, namely :—
“(12) “goods” means petroleum crude, high speed diesel, motor
spirit (commonly known as petrol), natural gas, aviation turbine
fuel and alcoholic liquor for human consumption;”;
(8) after clause (14) the following clause shall be inserted, namely:—
“(14A) “Maharashtra Goods and Services Tax Act” means the
Maharashtra Goods and Services Tax Act, 2017;”;
(9) clause (17A) shall be deleted;
(10) in clause (20), Explanation IA shall be deleted;
(11) in clause (24), in the Explanation, in clause (b), in sub-clause
(vi), for the words and brackets “of goods, being food or any other article
for human consumption or any drink (whether or not intoxicating), the
words “of alcoholic liquor for human consumption” shall be substituted;
(12) in clause (25), Explanation IA shall be deleted

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of all sales of goods” shall be
substituted;
(b) in the proviso, the words “and purchases” and the words
“or turnover of purchases” shall be deleted;
(3) in sub-section (3), the words “or turnover of purchases” shall
be deleted;
(4) sub-section (5A) shall be deleted;
(5) in sub-section (8), the words “or purchases” shall be deleted.
58. In section 6 of the Value Added Tax Act,ۥ
Amendment
of section 3
of Mah. IX of
2005.
Amendment
of section 6
(1) for sub-section (1), the following sub-section shall be of Mah. IX of
substituted, namely:-
“(1) There shall be levied a sales tax on the turnover of sales
of goods, specified in column (2) in SCHEDULE B at the rates set
out against each of them in column (3) of the said Schedule.”;
(2) in sub-section (2), for the word and letter ” Schedule D”,
the word “SCHEDULE B” shall be substituted;
2005.
59. Sections 6A, 6B and 7 of the Value Added Tax Act shall be deleted. Deletion

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ribed manner for the
revocation of the cancellation of his registration, if he intends to
carry on the business in these goods.”.
2005.
१०
Deletion of
section 17 of
Mah. IX of
2005.
Insertion of
section 26B
महाराष्ट्र शासन राà¤Å“पत्र à¤â€¦Ã Â¤Â¸Ã Â¤Â¾Ã Â¤Â§Ã Â¤Â¾Ã Â¤Â°Ã Â¤Â£ भाà¤â€” à¤â€ Ã Â¤Â , मà¥â€¡ २९, २०१७ / à¤Å“्यà¥â€¡Ã Â¤Â·Ã Â¥ÂÃ Â¤Â  ८, शà¤â€¢Ã Â¥â€¡ १९३९
62. Section 17 of the Value Added Tax Act shall be deleted.
63. After section 26A of the Value Added Tax Act, the following section
in Mah. IX of shall be inserted, namely :—
2005.
Speedy
disposal of
various
proceedings.
“26B. The State Government may enact a scheme by a notification
in the Official Gazette providing for,-
(i) the speedy disposal of proceedings of assessments under
section

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ax, payable as per such annual revised return from the prescribed
dates by the prescribed class of dealers.”.
65. Section 31A of the Value Added Tax Act shall be deleted.
66. In section 41 of the Value Added Tax Act, in sub-section (4),—
(1) in clause (a), the words “and petroleum products” shall be
deleted;
(2) in clause (b), in the Explanation, the words “and petroleum
products” shall be deleted;
(3) clause (c) shall be deleted.
67. In section 42 of the Value Added Tax Act,ۥ
(1) sub-section (1) shall be deleted;
(2) in sub-section (2), the portion beginning with the words “who
are running any eating house” and ending with the words “or vendors”
shall be deleted;
(3) after sub-section (2), the following sub-section shall be added
and deemed to have been added with effect from the 1st April 2010,
namely:
=
महाराष्ट्र शासन राà¤Å“पत्र à¤â€¦Ã Â¤Â¸Ã 

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ber (3) to (5) and (7) of the aforesaid notification,
the said dealer shall,ۥ
(i) determine the composition amount in lieu of tax
payable on the transfer of the goods (whether as goods or in
some other form), in execution of the works contract under
the Act, at one per cent. of the payment received in respect
of said flats, dwellings or buildings or premises till the date
immediately preceding the date on which the Maharashtra
Goods and Services Tax Act comes into force, and deduct the
amount so determined from the composition amount paid as
per the aforesaid notification, and
(ii) take the credit into the electronic credit ledger
prescribed under the Maharashtra Goods and Services Tax
Act of the balance unutilized amount remained on the date
on which the Maharashtra Goods and Services Tax Act comes
into force.”;
(4) sub-sections (3), (3A) and (4) shall be deleted.
68. In section 45 of the Value Added Tax Act,ۥ
Amendment
११
of section 45
(1)

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ction 47
of Mah. IX of
2005.
Amendment
of section 48
of Mah. IX of
2005.
१२
Deletion of
section 49 of
Mah. IX of
2005.
Amendment
of section 74
महाराष्ट्र शासन राà¤Å“पत्र à¤â€¦Ã Â¤Â¸Ã Â¤Â¾Ã Â¤Â§Ã Â¤Â¾Ã Â¤Â°Ã Â¤Â£ भाà¤â€” à¤â€ Ã Â¤Â , मà¥â€¡ २९, २०१७ / à¤Å“्यà¥â€¡Ã Â¤Â·Ã Â¥ÂÃ Â¤Â  ८, शà¤â€¢Ã Â¥â€¡ १९३९
71. Section 49 of the Value Added Tax Act shall be deleted.
72. In section 74 of the Value Added Tax Act, in sub-section (3), clause
of Mah. IX of (c) shall be deleted.
2005.
Substitution
of section 84
73. For section 84 of the Value Added Tax Act, the following section
of Mah. IX of shall be substituted, namely :—
2005.
Declaration of
stock of goods
held on the
appointed
date and
calling for
other
information,
etc.
Deletion of
section 87 of

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d to foreign going ships
and aircrafts.
Nil.”.
76. Schedules B, C, and E appended to the Value Added Tax Act shall
be deleted.
77. Schedule D appended to the Value Added Tax Act shall be renamed
D of Mah. IX as Schedule B thereof and in Schedule B as so renamed,ۥ
of 2005.
(a) entry 4 shall be deleted ;
(b) in entry 6, in column (2), for the figures and words “entry 8 of
SCHEDULE C, entry 11 and entry 11A ” the figures and words ” entry
11, 11A and entry 13 ” shall be substituted.” ;
महाराष्ट्र शासन राà¤Å“पत्र à¤â€¦Ã Â¤Â¸Ã Â¤Â¾Ã Â¤Â§Ã Â¤Â¾Ã Â¤Â°Ã Â¤Â£ भाà¤â€” à¤â€ Ã Â¤Â , मà¥â€¡ २९, २०१७ / à¤Å“्यà¥â€¡Ã Â¤Â·Ã Â¥ÂÃ Â¤Â  ८, शà¤â€¢Ã Â¥â€¡ १९३९
(c) for entries 12, 13 and 14 the following entries shall be substituted,
namely :-
“12 Petroleum Crude
5%
13 Aviation Tu

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egulations, orders, notifications, form, certificates and
XL of notices, appointments and delegation of powers issued under those laws which
are in force immediately before the appointed day of the Maharashtra Goods
XVI of and Services Tax Act, 2017 shall, subject to the other provisions of this Act,
1975. in so far as they apply, continue to have effect after the appointed day of the
Mah. IX Maharashtra Goods and Services Tax Act, 2017 for the purposes of the levy,
returns, assessment, re-assessment, appeal, determination, revision,
of 2017. rectification, reference, limitation, production and inspection of accounts and
documents and search of premises, transfer of proceedings, payment and
of 2017. recovery, calculation of cumulative quantum of benefits, exemption from
payment of tax and deferment of due date for payment of tax, cancellation of
the certificate of Entitlement, collection or deduction of tax at source, refund
or set off of any tax, withholding of any refund,

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ether or not the tax,
penalty, interest, sum forfeited or tax deducted at source, if any, in relation
to such proceedings is paid before or after the appointed day of the
Maharashtra Goods and Services Tax Act, 2017.
Mah.
Mah.
of 2017.
१३
è§Ã™â€žÃ™â€žÃ™â€¡
१४
महाराष्ट्र शासन राà¤Å“पत्र à¤â€¦Ã Â¤Â¸Ã Â¤Â¾Ã Â¤Â§Ã Â¤Â¾Ã Â¤Â°Ã Â¤Â£ भाà¤â€” à¤â€ Ã Â¤Â , मà¥â€¡ २९, २०१७ / à¤Å“्यà¥â€¡Ã Â¤Â·Ã Â¥ÂÃ Â¤Â  ८, शà¤â€¢Ã Â¥â€¡ १९३९
1904.
(2) Without prejudice to the provisions contained in the foregoing sub- I of
section, the provisions of section 7 of the Maharashtra General Clauses Act,
shall apply in relation to the repeal of any of the provisions of the Acts referred
to in sub-section (1).
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND

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Accumulated CENVAT crdit
Query (Issue) Started By: – MohanLal tiwari Dated:- 27-5-2017 Last Reply Date:- 30-5-2017 Goods and Services Tax – GST
Got 3 Replies
GST
I have three manufacturing units in one state accordingly taken single GST registration for all three units.I have accumulated CENVAT credit in one unit (being mainly export supplies) whereas paying duty regularly in remaining two units. After 1st July'17, the cenvat credit of all three units will be merged in single ledger. My question is
1. whether, I will be able to use the credit balance of merged cenvat for supply from any unit?
2. Will it be advisable to have separate Sr No for invoices of all three units with some different alphabet prefix?
Reply By MARIA

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JOB WORK AND JOB WORKER UNDER GST REGIME (PART-2)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 27-5-2017

Liability under existing Taxation Regime
* Where process amount to manufacture:
* If the process undertaken by the job worker amounts to manufacture/ deemed manufacture as per the definition, the job worker would be liable to pay a duty of excise on the goods so manufactured.
* Alternatively, the principal manufacturer who has supplied the goods for job work may furnish a declaration under Notification No. 214/86 dated 25.03.1986 (which exempts goods manufactured by a job worker from the duty of excise) based on which job worker would not be required to charge duty of excise.
* The goods must be used in the manufacturing process by the principal manufacturer which should result in a dutiable product being manufactured on which duty of excise is being charged.
* The activity undertaken by job worker would not be liable to service tax also a

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riate duty is not paid by the principal manufacturer, the job worker would be liable to charge service tax.
Valuation
The value of supply of goods or services in a case where the consideration is wholly in money, transaction value shall be considered for payment of tax, with various inclusions prescribed in the valuation provisions.
Certain inclusions in the valuation are as follows:
(i) Any taxes, duties, cesses, fees and charges levied under any statute, other than SGST/UTGST/CGST/IGST.
(ii) Any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the services.
(iii) Incidental expenses.
(iv) Interest or late fee or penalty for late payment of any consideration of supply.
(v) Subsidies directly linked to the price excluding subsidies provided by the Central and State Governments.
However, transaction value will exclude discount, if any. P

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considering nature of the contract and the factors involved in the transaction.
Valuation Rules
* Value of supply of goods or services where the consideration is not wholly in money, value of supply shall-
* be the open market value of such supply,
* if the open market value is not available, be the sum total of consideration in money and any such further amount in money as is equivalent to the consideration not in money if such amount is known at the time of supply,
* if the value of supply is not determinable under clause (a) or clause (b), be the value of supply of goods or services or both of like kind and quality;
* if the value is not determinable under clause (a) or clause (b) or clause (c), be the sum total of consideration in money and such further amount of money that is equivalent to consideration not in money.
* The value of the supply of goods or services or both between distinct persons or where the supplier and recipient are related, other than where the su

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ded to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person. Credit will be allowed to the registered person subject to satisfaction of following conditions-
* he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax-paying documents as may be prescribed.
he has received the goods or services or both. However, in the case of job work, the principal shall be entitled to take credit of input tax on inputs or capital goods even if the inputs or capital goods are directly sent to a job worker for job-work without being first brought to his place of business.
the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilization of input tax credit admissible in respect of the said supply, and
he has furnished the return under section 39, i.e., combined return of outward and inward supplies

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ll be sent to the job worker under the cover of a challan issued by the principal, including where the inputs or capital goods are sent directly to job worker.
The challan issued by the principal to the job worker shall contain the details specified in rule Invoice 8, as under-
* date and number of the delivery challan,
* name, address, and GSTIN of the consigner, if registered,
* name, address, and GSTIN or UIN of the consignee, if registered,
* HSN code and description of goods,
* quantity (provisional, where the exact quantity being supplied is not known),
* taxable value,
* tax rate and tax amount – CGST, SGST/UTGST, IGST or cess, where the transportation is for supply to the consignee,
* place of supply, in the case of inter-State movement, and
* signature.
The details of challans in respect of goods dispatched to a job worker or received from a job worker during a tax period shall be included in FORM GSTR-1 furnished for that period.
If the inputs or capit

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If the mismatch is not rectified by the vendor in the month of communication, the recipient will be liable to pay the differential GST along with interest in the subsequent month. This provision places the liability for non-compliance on the recipient, i.e., job worker, as against their vendors.
Similar provisions have been prescribed wherein details of credit notes issued by a supplier have to match with the corresponding reduction of input tax credit claimed by the recipient. Accordingly, if the recipient does not adjust the input tax credit, the tax and interest would be recovered from the supplier. This provision places liability on tax-payers for non-compliance by vendors.
Input Service Distributor (ISD) Concept
As in the present Cenvat Credit Rules, ISD concept is proposed for transfer of credit of input services between two or more locations. ISD can transfer credit of all types of GST (CSGT, SGST/UTGST or IGST). Considering the possibility of multiple registrations State-wis

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vailability of the invoice, accordingly credit can be availed.
* If a manufacturer is not availing the credit of VAT currently due to restriction in the state VAT law or due to being in the composition scheme, then the credit can be availed based on the ascertainment of stock as on appointed day.
* However, if the credit of VAT is being currently availed, the same should be properly reflected in the last VAT/Service Tax returns to transfer such credits to the GST regime.
* The principal might have sent inputs, semi-finished goods and finish goods outside before appointed date (as of now it is 1st of July, 2017) for job work or testing. If these are received back before 6 months (i.e., 31st December 2017), GST will not be payable.
Specific Issues
Treatment of Scrap / Waste
The waste and scrap generated during the job work can be supplied by the job worker directly from his place of business, on payment of tax, if he is registered. If he is not registered, the same would be su

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ion of job-work) on payment of GST.
Steps to be taken by Job worker
Job workers are required to understand the provisions of GST laws in the light of what has been discussed in this Chapter. They may have to take following steps.
* Review of existing contracts as to –
(i) Processing structures and timings of completion of work
(ii) Valuation of processed goods
(iii) Respective obligations
(iv) FOC supplies
(v) Reverse charge mechanism
(vi) Tax implications
* Supplementary agreements/new contracts may be entered into for job work activities.
* To decide on having or not having two separate contracts for the supply of goods and services.
* To decide on having multiple supply locations/closing some of them.
* Review of procurement policy.
* Change in invoicing pattern.
* Working capital management.
* Treatment of security deposits other deductions.
* Accounting aspects.
* Training of personnel.
Concluded
The job worker should be aware of the provision

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es as a job worker conductor,
kindly advise and help the GST council to solve it. My view is that We should be also allowed to levy the GST on the jonbwork charge invoice and let the jobwork provider take the input credit,
kindly help to advise us in this matter whether our undeersstanig is correct or not,
best regards
Pankaj Gupta
9414075879
Dated: 28-5-2017
Reply By V Inamdar as =
Dear Sir,
Although you have suggested that principal need not to follow special job work procedure, instead he should sed inputs on payment of GST to job worker and in-turn after processing of goods job worker will return the goods on payment of GST.
Though logically the above suggestion / clarification made by Government in FAQ – answer to Q-15 of Chapter 9, is correct, but it is not backed by provisions of GST.
For example, the above is not fitting into the definition of term "supply" read with Sch.1 and 2 of CGST.
Can you please through light on this?
V.Inamdar
Mobile 9769005102

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After GST regime, telecom companies would be required to re-work their costing and credits availability and re-jig their prices and ensure that the increased availability of credit is passed on to the customers by lowering their costs
GST
Dated:- 26-5-2017

Telecommunication services presently attract Service Tax of 14% along with Swachh Bharat Cess (SBC) of 0.5% and Krishi Kalyan Cess (KKC) of 0.5%. While Service Tax is a pure value added tax, the above mentioned cesses are not. This is the reason that while no ITC (Input Tax Credit) of SBC is available, the ITC of KKC is allowed to be set-off only against KKC. Therefore, both the cesses are turn-over tax.
As against the above, the Telecommunication Services will attract GST

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GST Council Updates Rate Schedule: New Adjustments and Clarifications for Goods Tax Rates Announced on May 18, 2017.
News
GST
ADDENDUM TO THE GST RATE SCHEDULE FOR GOODS [As per discussions i

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ADDENDUM TO THE GST RATE SCHEDULE FOR GOODS [As per discussions in the GST Council Meeting held on 18th May, 2017]
GST
Dated:- 26-5-2017

ADDENDUM TO THE GST RATE SCHEDULE FOR GOODS
[As per discussions in the GST Council Meeting held on 18th May, 2017]
1. The following amendments / additions are required to be made to the aforesaid document:
1. In S.No.22,-
(i) In the Nil rate column, the entry “Tender coconut water put in unit container and bearing a registered brand name [2202 90 90]”, may be read as:
“Tender coconut water other than put in unit container and bearing a registered brand name [2202 90 90]”.
(ii) In 12% rate column, in the entry “Fruit pulp or fruit juice based drinks [2202 90 30]”, tariff item 2202 90 30

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Thesh hold limit & Composition levy
Query (Issue) Started By: – Swapneswar muduli Dated:- 26-5-2017 Last Reply Date:- 30-5-2017 Goods and Services Tax – GST
Got 6 Replies
GST
Dear Experts.
Thresh hold limit for Registration is 20 lacs if the person don't do any interstate transaction. and take composition levy in his turnover below 50 lacs.
My question is if the same person with same PAN no take registration in two difference state and doing business on that state only in that case he may avail the thresh hold limit if separate states individual turn over is below 20lac. but his both states turn over may go up if he combine the both business turn over.
what happen in this same case for composition levy.
Regards
Swapnes

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SERVICES UNDER REVERSE CHARGE UNDER GST REGIME
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 26-5-2017

The concept of reverse charge was introduced in the service tax regime vide Notification No. 30/2012, dated 20.06.2012 and came into effect from 20.06.2012.
Under reverse charge, the recipient of service is to pay the tax to the credit of the Central Government. The reverse charge is of two types – Full reverse charge and partial reverse charge. Under the full reverse charge, the service recipient is to pay 100% of the tax on the value of services received by him. Under partial reverse charge, the service recipient is to pay certain percentage of tax on the value of taxable service and the balance amount is to be payable by the service provider.
The Notification No. 30/2012 has met many amendments and as on date the following services come under the net of reverse charge mechanism-
* in respect of services provided or agreed to be provided by

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directly or indirectly
* in respect of services provided or agreed to be provided by Government or local authorityexcluding,-
(1) renting of immovable property, and
(2) services specified in sub-clauses (i), (ii) and (iii) of clause (a) of section 66D of the Finance Act,1994 – 100%;
* in respect of services provided or agreed to be provided by way of renting of a motor vehicle designed to carry passengers on abated value to any person who is not engaged in the similar line of business – 100%;
* n respect of services provided or agreed to be provided by way of supply of manpower for any purposeor security services – 100%;
* in respect of any taxable services provided or agreed to be provided by any person who is located in a non-taxable territory and received by any person located in the taxable territory other than non-assessee online recipient- 100%;
* n respect of any service provided or agreed to be provided by a person involving an aggregator in any manner – 100%;
*

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V of Finance Act, 1994 applies the reverse charge only to the services received by the recipient of services. But the GST Act makes the reverse charge applicable to both services and goods.
The provisions of the Act and the rules made there under applicable to the service provider are also applicable to the service recipient under reverse charge mechanism. In this Act it is provided that the service recipient, who receives services or goods from the unregistered person, is liable to pay service tax under reverse charge mechanism and for this purpose he is to raise an invoice.
Services coming under Reverse charge under GST
Under the provisions of GST there is no partial reverse charge mechanism. The GST Council in its 14th Council meeting held on 19.05.2017 approved the list of services coming under reverse change mechanism. Nearly 12 services are coming under reverse charge mechanism. The service recipients in all these case are liable to pay the entire tax (no partial reverse charg

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aw;
(d) any person registered under CGST/SGST/UTGST Act;
(e) any body corporate established by or under any law; or
(f) any partnership firm whether registered or not under any law including association of persons;
(g) casual taxable person
3
Services provided or agreed to be provided by an individual advocate or firm of advocates by way of legal services, directly or indirectly
An individual Advocate or firm of advocates
Any business entity
4
Services provided by an arbitral tribunal
An arbitral tribunal
Any business entity
5
Sponsorship services
Any person
Anybody corporate or partnership firm
6
Services by Government or local authority excluding-
1.renting of immovable property; and
2. services specified below-
(i) services by the Department of posts by way of speed post, express parcel post, life insurance and agency services provided to a person other than Government;
(ii) services in relation to an aircraft or a vessel inside or outside the precincts of a po

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section (1) of section 13 of the Copyright Act, 1957 relating to original literary, dramatic, musical or artistic works
Author or music composer, photographer, artist etc.,
Publisher, Music company, producer
12
Radio taxi or passenger transport services provided through electronic commerce operator
Tax driver or rent a cab operator
Any person – tax is payable by electronic commerce operator by 100%.
The above list is subject to changes.
Reply By yateen vyas as =
Sir,
In GST credit of Input service tax paid by service receiver will be available or not.
As in rate chart of GST they said 5 % with NO ITC.
Dated: 26-5-2017
Reply By MARIAPPAN GOVINDARAJAN as =
The input tax credit available to the service provider will also be applicable under Reverse charge.
Dated: 27-5-2017
Reply By SUDHIR KINHALE as =
Sir,
In GST REGIME credit of Cash paid which is paid through reverse charge by service receiver will be available or not.
As in rate chart of GST they said 5 % with NO IT

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Am a Individual Man Power Supply to Municipal Administration and Milk Cooperative Society and all Government Department and local Authority in Tamilnadu Government. Who is liable for GST Tax?
Dated: 14-7-2017
Reply By satbir singh wahi as =
sir
For renting of motor cab 5% no itc , what does this mean.
Dated: 23-7-2017
Reply By Anubhav Agrawal as =
Sir,
IF GTA is using the service of Truck Owners by hiring the Trucks, do they need to pay tax on reverse charge as they are using the service of an unregistered person.
Dated: 17-8-2017
Reply By Mukesh Meena as =
We are a government body (Govt. Hospital) have contract with manpower suppy agency to provide paramedical staff for 6 month. As per agreement, agency will pay monthly salary to worker and will submit bill with all paid challans like esi, epf, cgst etc. We will bear CGHT payment as per bill of service provider. But there is confusion between our department and ser. provider for tax pay challan.. Service provider said tha

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Keeping eye on impact of GST on telecom sector, says Sinha
GST
Dated:- 25-5-2017

New Delhi, May 25 (PTI) Telecom Minister Manoj Sinha today said he is monitoring developments in the sector on account of proposed increase in tax levy on operators under the GST regime, amid fears of hike in prices post July 1.
The government has proposed to levy 18 per cent tax on telecom services under the Goods and Services Tax (GST) regime.
"Telecom operators have already been paying 15 per

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