Goods and Services Tax

On demonetization, Finance Minister Shri Arun Jaitley says that difficult decisions initially pass through difficult phases as historic decisions have temporary pain attached to them. Stressing the implementation of GST, FM says that most of the issues have been resolved; few critical issues are left which will be resolved in the next few weeks – News and Press Release – Dated:- 11-1-2017 – The Union Finance Minister Shri Arun Jaitley reiterated the advantage of taking bold and courageous decisions to transform Indian economy. He said difficult decisions initially pass through difficult phases as historic decisions have temporary pain attached to them. Speaking about demonetization, Shri Jaitley said that India needs bold decisions as it is

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d, the combination of a more digitized economy with a more efficient tax system will make India better. The Minister said that People want transparency. So, government is emphasizing on bringing transparency and elimination of discretion and Indian economy has opened up significantly in the last two years. About the Summit, Shri Jaitley said it has been branded as Vibrant Gujarat but it has become foremost economic conclave. It showcases both Indian economy and progress of Gujarat. Shri Vijay Rupani, Chief Minister of Gujarat, Shri Nitin Patel, Dy. Chief Minister of Gujarat, Dr. Hasmukh Adhia, Revenue Secretary, Govt. of India, Shri Amarjeet Sohi, Minister of Infrastructure & Communities, Government of Canada were also present on the oc

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Goods and Services Tax – GST – Dated:- 11-1-2017 – Gandhinagar, Jan 11 (PTI) Finance Minister Arun Jaitley today reiterated that the Centre is still aiming to roll out the Goods and Services Tax (GST) regime from April 1 if all pending issues are sorted out. GST, which is to subsume most of central and state taxes like excise, service tax and VAT, needs to roll out by latest September 16, 2017, he said. This because, under the Constitutional Amendment passed by Parliament for the GST implementation, some of the existing levies would expire after September 16. Jaitley said the government was aiming to implement the new sales tax from April this year. We would want it to be implemented from April if all issues are resolved. There is a provis

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Goods and Services Tax – GST – Dated:- 11-1-2017 – Gandhinagar, Jan 11 (PTI) Goods and Services Tax will usher in a very simple and less burdensome taxation regime as it will be a single rate indirect tax which can be paid by debit/credit cards, cheque and NEFT, Revenue Secretary Hasmukh Adhia said today. He said, GST will make it easier for traders and industry to access Input Tax Credit and also ease compliance burden as the entire country will become a single market. GST is a very very simple thing to follow, it is going to be very easy for all of you. There will not be any border restriction when you move goods from one state to another. And many of the small small taxes will go away. It will be one unified tax, Adhia said at the Vibra

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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 11-1-2017 – Chapter XVI – Audit The chapter states the provision relating to the audit to be undertaken by the GST authorities. It prescribes the rights and obligation of the GST authorities in the event of conducting an audit. Not much is proposed in the revised draft law. One change that has been proposed is that now on the completion of audit, the proper officer has to inform the taxable person, whose records were audited, of the findings within thirty days of the completion of audit. Earlier in the old draft the time limit was not prescribed. This is a welcome step as currently there is no time limit for informing the assessee of the findings. As a result, there is considerabl

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Goods and Services Tax – GST – Dated:- 10-1-2017 – Model GST Law : Sec 166. Migration of existing taxpayers to GST (1) On the appointed day, every person registered under any of the earlier laws and having a valid PAN shall be issued a certificate of registration on a provisional basis in such form and manner as may be prescribed. (2) The certificate of registration issued under sub-section (1) shall be valid for a period of six months from the date of its issue: PROVIDED that the said validity period may be extended for such further period as the Central/State Government may, on the recommendation of the Council, notify. (3) Every person to whom a certificate of registration has been issued under subsection (1) shall, within the period sp

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ration under section 23. (7) A person to whom a certificate of registration has been issued on a provisional basis and who is eligible to pay tax under section 9, may opt to do so within such time and in such manner as may be prescribed: PROVIDED that where the said person does not opt to pay tax under section 9 within the time prescribed in this behalf, he shall be liable to pay tax under section 8. Draft Registration Rules Rule 14 . Migration of persons registered under Earlier Law (1) Every person registered under an earlier law and having a Permanent Account Number issued under the Income Tax Act, 1961 (Act 43 of 1961) shall be granted registration on a provisional basis and a certificate of registration in FORM GST REG- 21, incorporati

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he proper officer, to be correct and complete, a certificate of registration in FORM GST REG-06 shall be made available to the registered taxable person electronically on the Common Portal. (3) Where the particulars and/or information specified in sub-rule (2) have either not been furnished or not found to be correct or complete, the proper officer shall cancel the provisional registration granted under sub-rule (1) and issue an order in FORM GST REG-22: Provided that no provisional registration shall be cancelled as aforesaid without serving a notice to show cause in FORM GST REG-23 and without affording the person concerned a reasonable opportunity of being heard. (4) Every person registered under any of the earlier laws, who is not liabl

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Goods and Services Tax – Started By: – manish kataria – Dated:- 10-1-2017 Last Replied Date:- 11-1-2017 – We are assessed under UPVAT Central Excise and Service Tax. We have been issued provisional ID from VAT Department and Central Excise Department. I understand that I have to register with only one provisional ID. Now the problem is that since wrong PAN was registered in UPVAT we have not proceeded with the provisional Id of VAT department. All the details of the firm are correct when loggin

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To ensure implementation of GST by 1st April, 2017, Central Board of Excise & Customs (CBEC) has initiated the process of migration of its existing Central Excise/Service Tax assessees to GST from 9th January, 2017. A 24×7 Helpdesk (Through Toll-Free number and Email) started for the purpose – Goods and Services Tax – GST – Dated:- 10-1-2017 – Central Board of Excise & Customs (CBEC) has initiated the process of migration of its existing CENTRAL EXCISE/SERVICE TAX assessees to GST with effect from 9th January, 2017. As part of its efforts to ensure implementation of GST by 1st April, 2017, CBEC has taken steps to ensure that its existing taxpayers are migrated to GST in a simple, user-friendly and smooth manner. Once the existing regist

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ave to be updated in the ACES Portal www.aces.gov.in CBEC has made available a 24×7 HELPDESK (TOLL-FREE NO 1800-1200-232, EMAIL: cbecmitra.helpdesk@icegate.gov.in) for the purpose of assisting existing CENTRAL EXCISE/SERVICE TAX assessees. GSTN also has a HELP DESK number: 0124-4688999 and GSTN email address is: help@gst.gov.in A Step-by-Step Taxpayers User guide for Migration is available at www.aces.gov.in and at www.cbec.gov.in CBEC is also sending Emails/recorded telephonic messages to all registered CENTRAL EXCISE / SERVICE TAX assessees requesting them to migrate to GST. Outreach programmes such as Awareness Workshops/ Training for CENTRAL EXCISE/SERVICE TAX assessees are being organized all over India at the Commissionerates and Divi

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 10-1-2017 – Evidence The adjudication procedure in tax matters are not of a elaborate one and only summary nature of trial. However the evidence plays a vital role in this procedure. A show cause notice issued by the authority is to enclose the documents/information relied on by him to the assessee. Likewise the assessee, while giving reply to the show cause notice, along with the reply he is to submit documents as evidence in support of his defence. If the evidences put forth by the assessee have not been taken by the adjudicating authority, then it will amount to violation of the principles of Natural Justice. The authorities may presume certain documents as to evidence to this case. The Goods and Services Tax Act, 2016 (Model law) ( Act for short) provides for the admissibility of certain documents as evidence and also the provisions for presumption as to documents in certain cases. Admissibility of documents as evi

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ny device that receives, stores and processes data, applying stipulated processes to the information and supplying results of these processes and includes the hard disc thereof or a mirror image of hard disc thereof. Section 126(3) provides that where over any period, the functioning of storing or processing information for the purposes of any activities regularly carried on over that period was regularly performed by that computers, whether- by a combination of computers operating over that period; or by different computers operation in succession over that period; or in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of Section 126 as constituting a single computer and references in this Section to a computer shall be construed accordingly. A statement contained in a document and inclu

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ed or is derived from information supplied to the computer in the ordinary course of the said activities. Certificate as evidence Section 126(4) provides that in any proceedings under this Act and the rules made there under where it is desired to give a statement in evidence by virtue of this Section, a certificate doing any of the following things- identifying the document containing the statement and describing the manner in which it was produced; giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer; dealing with any of the matters to which conditions mentioned in Section 126(2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities, shall be evidence of any matter stated in the certificate; it is sufficient for a matter to be stated

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as been seized from the custody or control of any person under the Act or any other law; or has been received from any place outside India in the course of any proceedings under the Act or any other law and such documents is tendered by the prosecution in evidence against him or any other person who is tried jointly with him, the court shall- unless the contrary is proved by such person, presume- the truth of the contents of such document; that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the Court may reasonable assume to have been signed by, or to be in the handwriting of, any particular person, is in that person s handwriting, and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested; admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evid

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Goods and Services Tax – GST – By: – Bimal jain – Dated:- 10-1-2017 – Dear Professional Colleague, MIGRATION TO GST – Assistance for transition Enrolment of existing registrants in indirect taxes was made open for the assessees presently registered with State Tax or VAT in Puducherry, the first in the Country (along with Sikkim), from November 8, 2016. On the same day, GST System Portal www.gst.gov.in ( GSTN Portal ) was launched by the Government of India. Since then, the migration process is going on full swing in different States as per the enrolment schedule provided by the GSTN (as amended). As an endeavour to see early light of GST, the Central Board of Excise and Customs ( the CBEC ), has created a separate tab, titled: MIGRATION TO GST, on the CBEC website: www.cbec.gov.in. The new tab contains 5 documents/letters, marking migration of existing Central Excise/ Service tax assesses to GST, as one of the priority tasks. In this regard, following documents are uploaded on the CBE

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ther action is required to be taken in terms of the Guidance Note by such assessee as a Central Excise/Service Tax assessee. In order to migrate to GST, an assessee needs to have a provisional ID and password. These details can be obtained by logging into ACES portal (www.aces.gov.in) and also being obtained from GSTN and assessee may periodically log in to see their status. Provisional IDs would be issued to only those assessees who have a valid PAN associated with their registration. In case the Central Excise or Service Tax registration does not have a valid Income Tax PAN number, the assessee needs to obtain the PAN number and update his registration details on to ACES portal before he can be migrated to GST. An assessee may not be provided a Provisional ID in the following cases: The PAN associated with the registration is not valid. The PAN is registered with State Tax authority and Provisional ID has been supplied by the said State Tax authority. There are multiple CE/ST registr

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L GST LAW (With Draft Rules on Registration, Payment, Invoice, Returns and Refund) We are pleased to announce release of our Handbook on Goods and Services Tax, titled, GUIDE TO REVISED MODEL GST LAW (With Draft Rules on Registration, Payment, Invoice, Returns and Refund) [3rd Edition]. This Guide to Revised Model GST Law, containing gist of all the provisions of the Model GST Law and the Draft Rules, at one place, will definitely be a building block for smooth sailing towards GST. KEY FEATURES OF THE BOOK Highlights of changes in Revised Model GST Law for easy understanding Constitutional Amendments and likely date of GST implementation GST – Need & Necessity, Overview and Model for India Discussion/analysis on Revised Model GST Law along with its comparison with First Model GST Law Analysis of meaning of the terms Supply , Goods and Services in GST Gist of documents, information, procedure, etc. required for migration of existing registrants in GST Discussion on various domains –

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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 10-1-2017 – GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN TRANSITIONAL PROVISIONS-PART-XII 197. Transitional provisions for availing Cenvat credit in certain cases This provision has been added to as to provide for treatment of such cenvat which was reversed before the appointed day due to non-payment of consideration within a period of 3 months. This provision states that in such situation such credit can be reclaimed provided that the taxable person has made the payment of the consideration for that supply of services within a period of three months from the appointed day. This provision may be a welcome step but it s also difficult to implement and brings with it restrictions.

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Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 9-1-2017 Last Replied Date:- 9-1-2017 – There are number of returns prescribed under GST law. Different returns are prescribed with due date of filing . We will discuss all provision of various return to be filed one by one. Statement of outward Supply [ Section-32] A registered taxable person shall furnish electronic statement of the details of outward supplies of goods and services for the tax period on or before the 10th of succeeding tax period other than the following : Input service distributor Non resident taxable person Taxable person u/s 9 [ Composition Scheme ] Person who is deducting at source Person collecting tax at source The Detail of Outward supplies shall include invoice, debit notes, credit notes and revised invoices issued during tax period. Every RTP who has been communicated the details under section 33[3] and Section 33[4] by recipient of supplies , can either accept or reject the detail so communicat

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9 [ Composition Scheme ] Person who is deducting at source Person collecting tax at source Return shall be filed in GSTR -2 after the end of 10th day but before 15th day of the following month from the end of tax period. Every RTP who has furnished the detail under point no.1 and remain unmatched u/s 37 and 38 shall rectify the error and omission and shall pay interest on short payment of tax, if any. No rectification for point no. 1 shall be allowed after furnishing the return u/s 34 for the month of September following the end of financial year or furnishing the annual return which ever is earlier. Returns [ Section- 34 ] A registered taxable person shall furnish the return electronically of inward and outward supplies of goods and / or services , input tax credit, tax payable , tax paid and other particular as may be prescribed other than the following person: Input service distributor Non resident taxable person Taxable person u/s 9 [ Composition Scheme ] Person who is deducting a

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under point no. 1 ,2 and 4 find any error or omission, he may rectify the omission or error in the return of the month or quarter subject to the payment of interest . But the above error or omission shall not form finding of Audit, Inspection, scrutiny or enforcement . Provided , no rectification shall be allowed after furnishing the return u/s 34 for the month of September following the end of financial year or furnishing the annual return which ever is earlier First Return [ Section 35 ] Every RTP who has made outward supply in the period between the date of liability to date of registration shall file the first return after grant of registration . Claim of input tax credit and provisional acceptance [ Section 36] Every RTP shall claim input tax credit as per the condition and restriction thereof on self assessed basis and take credit in his electronic credit ledger. The above credit can be utilized against self assessed outward tax liability. Matching, reversal and reclaim of input

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mmunicated to supplier and recipient. If outward tax liability found to be excess of reduction in input tax credit shall be informed to both. If the discrepancy has not been rectified by recipient in his return within month , the amount shall be added to the outward tax liability of supplier. This addition shall be along with interest u/s 45. If the credit note is accepted and corresponding reduction is done by recipient in his return . Interest shall be refunded to supplier . Annual Return [ Section 39 ] Every RTP except the following shall furnish annual return on or before 31st December in GSTR -9 following the end of financial year. Input service distributor Non resident taxable person Casual Taxable Person Person who is deducting at source Person collecting tax at source Every RTP who has to get his account audited under Section 53[4] shall furnish the annual return under point no.1 electronically for every financial year along with audited financial statement and reconciliation t

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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 9-1-2017 – GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN TRANSITIONAL PROVISIONS-PART-XI 188. Taxability of supply of services in certain cases This is a newly added section to provide for taxation for such instances of service provision where the point of taxation was occurring before the appointed day. It states that in cases where the point of taxation lies before the appointed day then the tax will be applicable as per the earlier law. In the old draft, this was non-existent and this has been added to bring more clarity in situations where point of taxation comes into play. Situations like taxation on advances and subsequent adjustment in the invoice value are such transaction

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of supply of goods then tax will be payable on such supply in accordance with the earlier law. 191. Provision for transfer of unutilized Cenvat Credit by taxable person having centralized registration under the earlier law Another section has been added keeping in view that many concerns have taken the centralized registration in respect of their units and were availing the cenvat at a single premise and were filing a consolidated return in respect of all such units. Now under GST regime, the registration is to be taken separately for each state. The old draft was silent on the treatment of cenvat balance which was lying with them but was pertaining to various units. Thus it was not clear how the cenvat shall be carried forward and whether

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GST – States – 22/2017-State Tax – Dated:- 9-1-2017 – KERALA STATE GOODS AND SERVICES TAXES DEPARTMENT NOTIFICATION No. 22/2017-State Tax No. C1-21187/2017. Thiruvananthapuram, 9th January 2017. Subject: Extension of time limit for intimation of details of stock held on the date preceding the date from which the option for composition levy is exercised in FORM GST CMP-03. In exercise of the powers conferred by sub-rule (4) of rule 3 of the Kerala State Goods and Services Tax Rules, 2017 read wi

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Goods and Services Tax – GST – Dated:- 7-1-2017 – All existing Central Excise and Service Tax assessees will be migrated to GST starting 7th January 2017. To migrate to GST, assessees would be provided a Provisional ID and Password by CBEC. Provisional IDs would be issued to only those assessees who have a valid PAN associated with their registration. An assessee may not be provided a Provisional ID in the following cases: a. The PAN associated with the registration is not valid b. The PAN is r

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Goods and Services Tax – GST – Dated:- 7-1-2017 – GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF EXCISE & CUSTOMS NORTH BLOCK, NEW DELHI-110001 F.No.IV(33)16/2016-Systems Tel. : +91-11-23092628 Fax : +91-11-23092346 Dated the 6th January, 2017 Sub: reg. As you are aware, the draft Model GST Laws and Rules have been placed in the public domain and CBEC is making all efforts for smooth implementation of GST by 1 st April, 2017. One of the priority tasks in this regard is the migration of existing CENTRAL EXCISE/SERVICE TAX Assessees to GST. 2. As per Sec 166 of the draft CGST Act read with relevant rules, every Central Excise / Service Tax assessee having a valid PAN shall be granted registration under GST regime on a provisional basis. For such assesses, GSTN shall generate provisional IDs and communicate the same to the assesses through CBEC for migration to the GST regime. The Directorate General of Systems, CBEC has made necessary arrangement of

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w your personal attention on this very important task and suitably guide the jurisdictional assessees to migrate to GST well in time. Your personal involvement and monitoring would enable seamless migration of existing Central Excise/Service Tax assessees to GST by end of January, 2017. With best wishes, Yours Sincerely (S. Ramesh) ANNEXURE A – GUIDANCE NOTE FOR DEPT. OFFICERS Procedure of migration of existing Central Excise and Service tax assessees to GST The roll out of Goods and Services Tax (GST) is scheduled from 01.04.2017. The taxes of Central Excise and Service Tax would be subsumed in the GST. So a current Central Excise/ Service Tax taxpayer would need to migrate to GST, provided the taxpayer has not initiated such action as a VAT/Luxury Tax/Entry Tax/Entertainment Tax assesse under STATE COMMERCIAL TAX Dept. (2) Legal provisions for migration to GST: Section 166 of the Draft Model GST Law- Migration of existing taxpayers to GST: (1) On the appointed day, every person regis

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This is to ensure the confidentiality of the log in details. The assessee may periodically log in to see their status. (5) After the issue of the provisional ID and password, assessees will haveto log into GSTN portal (www.gst.gov.in) to fill up the required details and upload the supporting documents. After providing the requisite details, a ARN (Application Reference Number) would be communicated to the assessee by GSTN. Once an assessee has the ARN, she would migrate to GST on the scheduled GST roll out date with issue of Provisional Certificate. (6) The details filled up by assessee (including VAT assessees) would be made available to jurisdictional officers via ACES (or through new CBEC-GST portal under development) for next steps as per the legal position. (7) In case the Central Excise or Service Tax registration does not have a valid income tax PAN number, the assessee needs to obtain the PAN number and update the registration details on to ACES portal before assessee can be mi

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lty or query, assessees may contact the following helpdesk numbers: CBEC : 1800-1200-232. GSTN: 0124 – 4688999 Assessees can also email at cbecmitra.helpdesk@icegate.gov.in. ANNEXURE B Communication to the Central Excise/Service Tax Taxpayers on migration to GST Dear Central Excise/Service Tax Taxpayers, Greetings from Central Board of Excise and Customs (CBEC). We thank you for your duty/tax payments which have contributed to Nation building. As you are aware, roll out of Goods and Services Tax (GST) is scheduled from 01.04.2017. The taxes of Central Excise and Service Tax would be subsumed in the GST. So as a Central Excise/Service tax taxpayer you need to take certain action to migrate to the GST regime. In case you are also registered with State Commercial Tax dept (VAT/Luxury Tax/Entry Tax/Entertainment Tax), you may have already initiated this process of migration and no further action suggested below would be applicable to you. A schematic representation of the migration process

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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 7-1-2017 – GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN TRANSITIONAL PROVISIONS-PART-XI 188. Taxability of supply of services in certain cases This is a newly added section to provide for taxation for such instances of service provision where the point of taxation was occurring before the appointed day. It states that in cases where the point of taxation lies before the appointed day then the tax will be applicable as per the earlier law. In the old draft, this was non-existent and this has been added to bring more clarity in situations where point of taxation comes into play. Situations like taxation on advances and subsequent adjustment in the invoice value are such transaction

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of supply of goods then tax will be payable on such supply in accordance with the earlier law. 191. Provision for transfer of unutilized Cenvat Credit by taxable person having centralized registration under the earlier law Another section has been added keeping in view that many concerns have taken the centralized registration in respect of their units and were availing the cenvat at a single premise and were filing a consolidated return in respect of all such units. Now under GST regime, the registration is to be taken separately for each state. The old draft was silent on the treatment of cenvat balance which was lying with them but was pertaining to various units. Thus it was not clear how the cenvat shall be carried forward and whether

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Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 6-1-2017 – GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN TRANSITIONAL PROVISIONS-PART-IX 179. Pending refund claims to be disposed of under earlier law This section provides for the treatment of such refund claims which have been filed before the appointed day in respect of any tax, amount of cenvat credit, duty, tax or interest paid before the appointed day. It provides that all such claims will be disposed off as according the rules laid down in the previous law itself and any refund accruing on such account shall be paid in cash only. Thus no cenvat will be granted against such refund. Presently, the department is allowing the rebate claim under Rule 18 of Central Excise Rules

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said amount as on the appointed day has been carried forward under this Act It is a clarificatory in nature to remove such interpretation of the law which would lead to availing of double benefits i.e. cenvat and refund both. It has been clarified that where any cenvat is carried forward in return, then no refund shall be granted of such cenvat. We have seen that refund of unutilised credit under Rule 5 of Cenvat credit Rules prescribes the condition that the refund claim should be debited from the cenvat account before filing the claim. This provision has been incorporated recently. But earlier the amount was debited only after sanction of rebate claim so that exact amount is debited in the cenvat credit account. If such type of situation

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Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 6-1-2017 Last Replied Date:- 6-1-2017 – Meaning and Scope of Supply 'Supply' means: all forms of supply of goods and/or services made or agreed to be made for a consideration by a person in the course or furtherance of business, Importation of service for a consideration, and Services has been specified in schedule I, which shall be considered as a supply even if made without consideration. The present taxable event under service tax is rendition of services which will no longer be relevant and only one event i.e., supply needs to be tracked. Supply defined in an inclusive manner. Tax is on supply of service therefore even the supply, as prescribed in Schedule-I, is made without consideration is taxable. In the present scenario the service provided without consideration i.e., free service is not taxable. Specific cases of Supply of Services In following cases, transaction shall be considered as supply of service

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or human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration. Job-work Any treatment or process which is being applied to another person s goods. Common for all Services renting of immovable property. i.e., telecommunication tower is immovable property for Telecom Sector etc. temporary transfer or permitting the use or enjoyment of any intellectual property right, agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act,[ Similar to section 66E(e) of the Finance Act, 1994] transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration. Others Where goods held or used for the purposes of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, wh

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pplicability on such services. The default rule for place of supply for export of service shall be the location of the service recipient, where the address on record of the recipient exists with the exporter. Hence, it will be critical for exporters to ensure that the address of service recipient on record can be established before the authorities on request. Time of Supply of Services IGST shall be payable at the earliest of the following dates, namely: the date of issue of invoice by the supplier or the last date on which he is required to issue the invoice with respect to the supply, or the date on which the supplier receives the payment with respect to the supply. Transactions between head office and branch offices located outside/inside India Services provided to overseas branch would not be eligible as export of services due to specific exclusion for such transactions in the definition of export of service . This is similar to the existing provisions for export of service to over

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customers located across India, the issue would arises as to where to pay GST, and whether this would require splitting of invoices based on various locations of the service provider or the service recipient. For this purpose, the draft law has prescribed the requirement of determination of the location from where the services are provided and the place of supply of such services, so that GST may be paid to the appropriate government. In the context of determination of the location from where services are provided, the draft law provides clarity by defining the term location of supplier of service and the place of supply of services is determined based on the location of recipient of service . With the assistance of these terms, the appropriate location for billing and the type of GST to be paid can be determined. Place of Supply of Services Provisions related to place of supply of goods and/or services are contained in following categories, namely- Place of supply of services where t

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Goods and Services Tax – GST – Dated:- 6-1-2017 – Chennai, Jan 5(PTI): With the Centre keen on implementing the ambitious Goods and Services Tax across the country, Tamil Nadu government today asked traders to register in the website created by the Goods and Services Tax Network (GSTN). GSTN has set up www.gst.gov.in and those registered traders should register themselves in the portal, an official release from State government said. A temporary registration name and password would be provided

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Goods and Services Tax – GST – Dated:- 6-1-2017 – New Delhi, Jan 5 (PTI) The Department of Revenue has promised to refund tax claims of exporters within seven days under the new GST regime, thus addressing a major concern of the sector, Commerce and Industry Minister Nirmala Sitharaman said today. The minister also said that exporters would get interest on the refund if it is delayed beyond two weeks. Exporters have been demanding ab-initio exemption from payment of taxes under the Goods and Services Tax (GST) regime arguing that delay in refunds often takes months and also results in blocking the working capital. They also stated that exports need to be encouraged in view of the global slowdown. The minister recently raised the issues of

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ee that there is minimum pain to the exporters, what the DoR has committed that 90 per cent of the refund will be made within seven days. Delays beyond that would invite interest payment, she said. She said the remaining 10 per cent will be subject to whatever verification revenue department is required to do. This assurance satisfies the exporters, she added. Revenue department will work on the details to ensure that exporters do not suffer because of delay in refund. Teaotia said exporters will get interest if the refund is delayed beyond two weeks. The issue about interest payment, what that amount would be and whether it would kick in after two weeks…that detail DoR would decide, the Commerce Secretary said. Further, the secretary sai

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Goods and Services Tax – GST – Dated:- 5-1-2017 – New Delhi, Jan 4 (PTI) Stalemate over GST continued with states hardening their positions on issues like territorial jurisdiction over high sea sales and control over tax assessees, even as Finance Minister Arun Jaitley hoped these matters would be resolved at the next GST Council meet. While April 1 rollout schedule has long been ruled out, non-BJP ruled states put the new implementation schedule not before September. Jaitley was non-committal on the roll-out dates saying we know the difficulty, we are moving against time . The next meeting of the GST Council on January 16 would discuss the issue of jurisdiction over assessees as well as try to reach a finality on taxation of territorial w

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tes in that area. Some states have been levying taxes in the nature of sales tax/VAT, he said Jaitley said since states have been levying these taxes, they want to continue to levy them, but the contra argument is that high sea area strictly doesn't fall within the definition of state and as per Constitution is an Union Territory. This issue is currently before the Supreme Court. The case of states is we should be allowed to raise taxes. It is an issue on which Constitutional solution has to be followed and the solution has to be legally tenable… The issue is very close to resolution but we need a legal response to it, it has to be adequately tested, Jaitley said. Kerala Finance Minister Thomas Isaac said the other remaining issues be

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Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 5-1-2017 Last Replied Date:- 5-1-2017 – A taxable person is liable to register under the provisions of GST Act and pay the tax to the credit of either the Central Government or the State Government. Section 10 of the Model Goods and Services Tax Act, 2016 ( Act for short) defines the term taxable person as- A person who is registered or liable to be registered under Schedule V of the Act; A person who has obtained or is required to obtain more than one registration, whether in one State or more than one State, shall, in respect of each such registration, be treated as distinct persons for the purposes of this Act; An establishment of a person who has obtained or is required to obtain registration in a State, and any of his other establishments in another State shall be treated as establishments of distinct persons for the purposes of this Act. Chapter XXIV of the Act provides for the liability to pay tax in certain cas

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ble wholly or to the extent of such transfer to pay the tax, interest or any penalty due from the taxable person up to the time of such transfer but has remained unpaid or is determined thereafter. The transferee of the said business is liable to pay the tax on the supply of goods and/or services by him with effect from the date of such transfer. He shall, if he is an existing taxable person apply within the prescribed time for amendment of his certificate of registration. Liability of agent and principal This sort of liability has been found in the amended Act and not found in the original model law. Section 128 provides that where an agent supplies or receives any taxable goods on behalf of his principal such agent and his principal shall be jointly and severally liable to pay the tax. Liability in case of amalgamation/merger of companies The liability of paying tax in case of amalgamation or merger of companies is discussed in Section 129. Section 129 (1) provides that when two or m

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iquidator will be appointed by the Court to take care of the company until the final dissolution of the company. Section 130 provides for the procedure in such a case for GST purpose as detailed below- Every person appointed as receiver of any assets of a company shall within 30 days after his appointment, give intimation of his appointment to the jurisdictional Commissioner; The Commissioner shall, after making such inquiry or calling for such information as he may deem fit, notify the liquidator within 3 months from the date on which he receives intimation of the appointment of the liquidator, the amount which in the opinion of the Commissioner would be sufficient to provide for any tax, interest or penalty which is then, or is likely thereafter to become, payable by the company; When any company is would up and any tax, interest or penalty determined on the company for any period, whether before or in the course or after its liquidation, cannot be recovered, then every person who wa

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tion 131(2) provides the liability of a private company which is converted into a public company. Where the tax us due and cannot be recovered from such private company, then Section 131(1) shall not be applicable to any person who was a director of such private company in relation to any t ax due in respect of any supply of such private company. Liability of partners of firm Partnership firm is not a judicial person. It is having unlimited liability on the partners. The same is applicable to GST also. Section 132 provides that notwithstanding any contract to the contrary, where any firm is liable to pay any tax, interest or penalty, the firm and each of the partners of the firm shall jointly and severally be liable for such payment. This section further makes an obligation on the part of the retiring partner. The retiring partner or the firm shall intimate the date of the retirement of the said partner to the jurisdictional Commissioner by a notice in that behalf in writing within one

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st or penalty is payable is under the control of the Court of Wards, the Administrator General, the Official Trustee or any receiver or manager appointed by or under any order of a court, the same shall be levied upon and recoverable from such Court of Wards etc., Liability in case of death of taxable person Section 135 provides the recovery of tax from the person who survives a death person. Section 135 (1) provides that where a taxable person dies then- if the business is continued after his death by his legal representatives or any other person, they shall be liable to pay the dues to the Government; if the business is discontinued, whether before or after his death, his legal representative shall be liable to pay out of the estate of the deceased, to the extent to which the estate is capable ofmeeting the charge, the tax, penalty or interest due from such person; whether such tax, interest or penalty has been determined before his death but has remain unpaid or is determined after

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termination of guardianship or trustee Section 135(4) provides that where a taxable person is liable to pay tax, interest or penalty is the guardian or a ward or a trustee and if the guardianship or trustee is terminated, the ward or the beneficiary shall be liable to pay the dues whether such dues has been determined before the termination of guardianship or trust but has remained unpaid or is determined thereafter. Liability on discontinuance of HUF/Firm/AOP Section 136 (1) provides that where a taxable person is a firm or AOP or a HUF and the same has discontinued its business then the tax payable may be determined as if no such discontinuance had taken place. Every person who was at the time of such continuance, a partner of such firm or a member of AOP or HUF shall be liable jointly and severally for the payment whether the same has been determined prior to or after such discontinuance. Liability on change in constitution of HUF/AOP Section 136 (2) provides that where a change has

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Goods and Services Tax – GST – By: – Bimal jain – Dated:- 5-1-2017 Last Replied Date:- 9-1-2017 – Dear Professional Colleague, GST Migration for Excise assessees to start from 05/01/2017 and Service Tax assessees from 09/01/2017 In series of events to witness the GST light of the day, enrolment of existing registrants in indirect taxes was made open for the assessees presently registered with State Tax or VAT in Puducherry, the first in the Country (along with Sikkim), from November 8, 2016. On the same day, GST System Portal www.gst.gov.in ( GSTN Portal ) was launched by the Government of India. Enrolment under GST means validating the data of existing taxpayers and filling up the remaining key fields. In this regard, the schedule of the GST enrolment plan (State-wise) was also provided by the Government. GST enrolment schedule has now been revised and the details have been made more precise along with details of the percentage of the assessees submitted/provided details (State-wise)

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manner: Particulars Start date End date New registration under VAT/Service Tax/Central Excise after August 2016 February 1, 2017 March 20, 2017 Also, the percentage of assessees migrated till date (State-wise) has also been provided which shows highest GST enrolment in the state of Gujarat (i.e. 78.36%). GST enrolment schedule: The revised schedule of the enrolment activation drive for States is given below for ease reference: State Start Date End Date % Enrolled Puducherry 08-11-2016 07-12-2016 41.02% Sikkim 08-11-2016 07-12-2016 43.27% Maharashtra 14-11-2016 07-12-2016 41.54% Goa 14-11-2016 07-12-2016 46.40% Daman and Diu 14-11-2016 07-12-2016 42.63% Dadra and Nagar Haveli 14-11-2016 07-12-2016 24.96% Chhattisgarh 14-11-2016 07-12-2016 74.49% Gujarat 15-11-2016 07-12-2016 78.36% Odisha 30-11-2016 15-12-2016 24.85% Jharkhand 30-11-2016 15-12-2016 56.29% Bihar 30-11-2016 15-12-2016 48.79% West Bengal 30-11-2016 15-12-2016 60.58% Madhya Pradesh 30-11-2016 15-12-2016 76.87% Assam 30-11-

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rvice Tax Act but not registered under State VAT 09-01-2017 31-01-2017 Not Yet Started New registration under VAT/Service Tax/Central Excise after August 2016 01-02-2017 20-03-2017 Not Yet Started Source: https://www.gst.gov.in/enrolplan 8th GST Council meeting begins on January 3, 2017: The Council will meet representatives of six crucial sectors The GST Council has begun its crucial two-day meeting today in New Delhi, as it looks to find a middle path on sharing of administrative powers between the Centre and the States that is acceptable to both sides. The meeting will also look to finalize the Integrated GST bill. A consensus will help the Centre to table the supporting legislations in the budget session of the Parliament beginning later this month. In its two day meeting, the GST Council will also meet representatives of six crucial sectors, including IT, telecom, banking and insurance, to assess the implementation hurdles under the new GST regime. A presentation will also be made

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Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 5-1-2017 – In VAT Law there is provision of TDS in case of work contract in most of the Sates though in Service Tax there is no provision of TDS and TCS . Under Service Tax, it is directly or indirectly being governed by Reverse Tax Mechanism. But GST law has expressly provided the TDS and TCS provision under Section 46 and 56 respectively. Now, I will discuss the provisions . Tax Deducted at Source [ Section – 46 ] Following person will deduct tax at source @ 1% on credit or payment made to supplier of goods and/or services. Department or establishment of Central or State Govt. Local authority Government agencies Such person or category of person as may be notified by the Cent

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eposit the amount to Govt. a/c will have to pay interest u/s 45 Refund to the deductor or deductee, as the case may be , shall be dealt according to Sec.48. No refund can be made, if the amount has been credited to electronic cash ledger of deductee. Collection of Tax at Source [ S.56 ] Every electronic commerce operator not being agent, shall collect 1% of the net value of taxable supplies, where the consideration for such supplies is collected by operator. Net value of taxable supplies means aggregate taxable value of goods or services other than services notified in Section 8[4], made during any month by registered taxable person, reduced by aggregate of taxable supplies return to the supplier during the said month. The amount collected

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Goods and Services Tax – Started By: – sraVAN MAIDAM – Dated:- 4-1-2017 Last Replied Date:- 9-1-2017 – 1 ). WHETHER GST IS APPLICABLE TO PETROL BUNKS2 ). WHETHER ONLY GST LIABLE GOODS SHALL BE TAKEN FOR KNOWING Reply By Ganeshan Kalyani – The Reply = As of now it is outside the purview of GST. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = Anything can be confirmed on the outcome of the final act on GST. – Reply By Ganeshan Kalyani – The Reply = Draft Model GST Law is under discussion. Still

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