Minutes of the 8th CST Council Meeting held on 3-4 January 2017

Minutes of the 8th CST Council Meeting held on 3-4 January 2017
8th CST Council Meeting Dated:- 4-1-2017 GST Council – Minutes
GST
Minutes of the 8th CST Council Meeting held on 3 – 4 January 2017
The eighth meeting of the GST Council (hereinafter referred to as 'the Council') was held on 3 and 4 January 2017 in Vigyan Bhawan, New Delhi under the Chairpersonship of the Hon'ble Union Finance Minister, Shri Arun Jaitley. The list of the Hon'ble Members of the Council who attended the meeting is at Annexure 1. The list of officers of the Centre, the States, the GST Council and the Goods and Services Tax Network (GSTN) who attended the meeting is at Annexure 2. The list of officers from the various Ministries/Departments of the Government of India and the trade representatives who made presentations before the Council is at Annexure 3.
2. The following agenda items were listed for discussion in the eighth meeting of the Council-
1. Brief presentation by represe

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ear the sectoral representatives of certain industries to understand their concerns. The Hon'ble Minister from Bihar recalled that in the last meeting of the Council, it was agreed that the  representatives of the Power sector would also be called, but they had not been invited for consultation, though electricity was a very important issuefor the public at large. He also suggested that instead of discussing sectoral issues, it would be better to first complete the task of formulating the Goods and Services Tax (GST) Laws. The Secretary to the Council (hereinafter referred to as 'Secretary') informed that the Power sector could be called in the next meeting of the Council, if the Council so agreed. He further stated that it would be better to hear the stakeholders while the law was being formulated in order to factor in their concerns while drafting the law. The Council agreed to this suggestion.
Discussion on Agenda Items
Agenda Item 1: Brief presentations by repres

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a banking related taxable transaction was inter-State or intra-State. She further stated that the banking services were expanding with increasing use of mobile and internet banking and approximately 3.5 crore transactions took place daily. By way of illustration, she stated that if a bank headquarter was located in Maharashtra, the customer was located in Delhi and the factory was situated in Gujarat, it would be a challenge as to how and when to tax such a transaction. She gave an example of an ATM transaction and pointed out that it would be difficult to establish on real time basis whether the customer belonged to the same State or another State, and it would considerably slow down the IT system. In order to address these challenges, she suggested that in GST, there should be one registration for a bank for its headquarters and only Integrated Goods and Services Tax (IGST) might be charged for all transactions. She observed that this would simplify compliance and would obviate the

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ficult to accept. The Hon'ble Minister from Tamil Nadu stated that for defining the place of supply, the banking sector was same as other sectors and that the tax had to flow on the basis of the destination of the final consumer. He stated that even if IGST was charged, the final consumer would need to be identified to enable transfer of tax to the destination State. He stated that if this could be done for IGST, it could also be done for CGST and SGST. He remarked that it was not correct to say that the complexity of an IT system would increase due to the nature of the tax being paid. He expressed that keeping in view the overall philosophy of GST, registration should be taken in every State.
4.1.3. The Hon'ble Minister from Karnataka observed that if apportionment of tax could be done to each State at the end of the month, it could also be done through SGST/ CGST route. The Secretary, DFS explained that a related problem was that one bank was spread over many States and the

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mers though large in number, were small in terms of revenue yield. He gave the example of complexity of a case where a customer of Bank A holding an account in Delhi went to Himachal Pradesh and drew money from an ATM of Bank B. In this case, Bank A would have to first determine whether the number of the transaction in the ATM (whether fifth or sixth) was such as to attract levy of GST and then to determine whether this tax should be charged as CGST and SGST or as IGST. He explained that determining this on real-time basis would be time-consuming and pose a problem for customers in terms of time taken to complete the transaction. He, therefore, suggested carrying out this task at the end of the month. The Hon'ble Minister from Tamil Nadu observed that this example seemed to pose the least challenge as the place of supply would be where the ATM was located. He observed that there would be complexity for GSTN if all taxes relating to banks were charged as IGST.
4.1.4. In the present

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rther stated that the rate of tax for government-sponsored insurance policies should be lower. Ms. Usha Sangwan, Managing Director, Life Insurance Corporation of India stated that the processes under GST should be simple and easy to monitor and suggested to have a single point of review of the system through a Management Information System (MIS). She stated that a centralized system at the backend could be used to ensure that the correct amount of tax reached every destination State. She also requested that iflife insurance had to be taxed under GST, the rate of tax should not be so high as to make it unaffordable for the middle class and suggested to charge tax at the merit rate. On a query from the Hon'ble Chairperson regarding the existing rate of tax in the Insurance sector, she informed that presently the tax rate for term insurance products was 15% and for other categories, after taking into account abatement, was 3%. The Hon'ble Minister from Tamil Nadu raised a question

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ion for the telecom operators was to be taken State-wise. He further pointed out that after the introduction of wireless telephony, allocation of spectrum was as per telecom circles and therefore, it would be difficult to make the telecom circles congruent with State-wise tax jurisdiction. He, therefore, suggested to have one registration under GST and also only one audit jurisdiction. The second issue that he raised was that voice call was seamless in nature and for a call made from Delhi to Goa, inputs were used from the exchange network of both Goa and Delhi and, therefore, pooling of ITC was essential. The third issue that he raised was that there were several instances of self-supply in telecom sector and these should not be taxed.
4.2.2. Shri Akshaya Moondra, CFO, Idea Cellular made a presentation on behalf of the industry. He pointed out that record-keeping, accounting, etc. were kept on circle-basis based on license conditions. He added that the spectrum allocations as well as

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ng States were also used leading to incurring of input cost without any corresponding output tax in the intervening circles. If tax had to be paid at each intermediate stage, this would lead to blockage of ITC in some circles.
4.2.3. Summing up, he made the following four requests for the consideration of the Council: (i) there should be no tax on self-supply of services between two registrants of the same entity in separate tax jurisdictions within the same circle as, for example, self-supply (B2B) from Maharashtra to Goa which were separate States, within the same legal entity and there should be no need for billing and GST compliance; (ii) in a B2B transaction, the place of supply for both recipient and supplier should be the place of the contractual billing; (iii) tax on prepaid vouchers should be charged at the first stage of invoicing to the distributor based on MRP (Maximum Retail Price) and that no tax be charged for subsequent transactions in relation to that voucher (this wa

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stion as to how a single registration would solve the issue of telecom circles not being co-terminus with the State boundaries. The CFO, Idea Cellular stated that the problem might not be fully solved and requests (i) and (ii) as stated above needed to be addressed but centralised registration would prevent litigation in allocating revenue State-wise as per return especially as one telecom circle spanned more than one State. In a Centralised Registration, the company would provide a State-wise revenue breakup of national level revenue reconciled with audited accounts and compliance could be ensured by a central assessing authority. This reconciliation would not be possible in a decentralised set-up. In a decentralised set up, given the nature of services and all-pervasive nature of networks, there would be different tax jurisdictions in a circle claiming that the revenue belonged to a particular State and it would result in litigation which was best avoided. The Hon'ble Chairperson

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cipient. Shri Deepak Garg, Head (GST), Reliance Jio pointed out that in case of a National Long Distance (NLD) licence for a call from Goa to Delhi, it might be disputed whether the location of service provider was in Goa from where the call originated or in Delhi, where the call terminated. Such disputes would be avoided in a single registration regime. The Hon'ble Deputy Chief Minister of Delhi observed that the issue relating to lack of congruence between the territory of telecom Circle and of State would require to be addressed. The Hon'ble Minister from Tamil Nadu observed that the issue seemed to be simple and complexity was being thrust upon it. He observed that the location of the service provider would be known through granular level invoicing without which billing could not be done. He further stated that in the Maharashtra-Goa example given earlier, if there was a single registration and the returns were filed centrally, then the telecom operator would not be able to

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ication clarified that they had provided broadband in all 506 blocks in Mizoram and in addition, dongle-based connectivity had also been provided. He stated that almost 97% of the population in Mizoram had internet connectivity. The Hon'ble Minister from Mizoram pointed out that broadband connectivity was not reliable and it needed improvement.
4.3. IT/ITeS
4.3.1. Ms. Aruna Sundararajan, Secretary, Ministry of Electronics and Information Technology made some broad points in relation to the IT sector. She stated that the growth of IT products and services was important for accelerating the growth rate of the country. She pointed out that IT products and services accounted for 10.6% of the Gross Domestic Product (GOP) of the country and created about 3.7 million direct and about 1 crore indirect jobs. She informed that India was also becoming a manufacturing hub for electronic hardware like mobile phones and that 40 mobile manufacturers and 30 component manufacturers have set up ma

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tional Association of Software and Services Companies) stated that the present GST design would pose serious challenges to the IT sector, especially complex place of supply rules and valuation rules. He suggested that the IT sector be given an option for single registration especially for companies with pan-India operation. He stated that this would help centralised billing and centralized contract for exports. He also stated that the intra-entity valuation should not be such so as to lead to accumulation of ITC or a refund situation. He stated that the IGST mechanism could be relied upon for filing return, etc. and for allocating tax revenues to the States. He further added that GSTN should be leveraged for revenue sharing between the Centre and the States and that the design of GST should promote ease of doing business. He also suggested that software should be classified as services, including for electronic download, and that software loaded on a tangible medium should attract the

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.3. The Hon'ble Minister from West Bengal raised a question as to what was 'intangible' from the perspective of GST. Shri P.Y. Srinivasan from Wipro explained that 'intangible' meant something that had no physical attribute and that the nature of business was such that it could be carried out from many locations. The Hon'ble Minister from West Bengal inquired whether there was any internationally benchmarked definition of 'intangible' as many countries had GST and how they had addressed the intangible nature of the sector. The representative from Wipro clarified that the world over, GST was mostly a central levy and Canada, which had a dual levy, had a harmonized Y AT like IGST. He explained that 'intangible' meant where input and output were not measurable and were fungible. He added that this led to a compliance challenge as to how to measure what was done at service-level from point to point. He stated that GSTN could address the revenue-shari

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Aviation stated that the Civil Aviation sector had reached parity with the Railway sector and was thus, no more a preserve of the rich and was a building block of the economy. He stated that air fares and the charges for AC 2-tier tickets were almost similar and that the number of passengers travelling in airlines was almost the same as the number of passengers travelling in the higher classes of railways, namely AC First Class, AC 2-tier and AC 3-tier. He stated that Aviation Turbine Fuel (ATF) being outside the ambit of GST and the entire ticketing system being under the purview of GST was a double whammy for the civil aviation sector. The Ministry raised the following issues for the consideration of the Council: (i) Aircraft ) leasing and aircraft import should not be subjected to taxation in GST as was the situation presently; (ii) To have a system of centralized registration as most aircrafts, engines, spare parts, cutlery and services moved inter-State very frequently and withou

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lways; (ii) Numerous problems of billing and raising invoices were likely to be faced, especially in case of inter-State movement for a pan-India organisation like the Indian Railways and this could be addressed by permitting centralized registration either at national level or at least at the Zonal Railway level; (iii) To either continue 70% abatement for taxes on passenger/freight services or to have a tax rate which was neutral in terms of its financial impact on railways (preferably in the range of 5% or 12%); (iv) Not to levy tax on inter-State movement of goods by Railways for self-consumption (captive consumption) as well as on movement of empty coaches/wagons; (v) To provide for some concession on works contract especially in the area of safety related works and projects of national importance (like Jammu & Kashmir and the North Eastern region) as well as provision of clear valuation principle for works contract; (vi) Permit transfer of ITC inter-State; (vii) To incentivise PPP

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goods to which the Member (Finance) responded that if required, they could tweak their system to meet the requirement of GST. He added that tweaking of the pan-India system of Railways would be a time consuming process and necessary preparatory time must be given.
4.6. Commerce and Industry
4.6.1. Shri Ramesh Abhishek, Secretary, Department of Industrial Policy and Promotion made a suggestion that in GST, leather and footwear should be taxed at 5% and cement should be taxed at 12%. Shri A.K. Bhalla, Director General, Directorate General of Foreign Trade (DGFT) stated that export competitiveness was the core issue. He stated that the proposed GST system mandated that even though exports were zero rated, all duties must be paid at the time of purchase of inputs needed for manufacturing of an export product only to be refunded after actual exports. He added that since normal lead time starting from the sourcing of raw material to export ranged from six months to one year, the model to f

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ic Tariff Area to Export Oriented Units (EOU)I Software Technology Parks of India (STPI)I Mega Power Projects and World Bank funded projects would also get reduced. He further added that on the Services side, services under Mode 2 of GATS (General Agreement on Trade and Services) such as health, tourism, etc. contributed significant amount of foreign exchange and therefore, they should be taxed at a moderate rate under GST.
4.6.2. Shri Alok Vardhan Chaturvedi, Additional Secretary, Department of Commerce mentioned that Special Economic Zone (SEZ) was treated as outside the Customs territory of India and the GST design of paying IGST on supplies to SEZ and then claiming refund would block substantial working capital. He added that as SEZ was like a bonded area, any supplies to it from the domestic tariff area or a supply from one SEZ to another should be ab initio exempt from tax. He also highlighted the importance of the plantation sector for job creation and stated that tea and coffe

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t sectors depending on the production cycle, but there was no logic to collect tax on supplies, which were zero-rated.
Agenda Item 2: Confirmation of the Minutes of the 7th GST Council Meeting held on 22-23 December, 2016:
5. After the presentations by the various sectors, the Hon'ble Chairperson invited comments of the Members on the draft Minutes of the ih Council Meeting (hereinafter called the 'Minutes') held on 22 and 23 December 2016 before the confirmation of the same. The Members suggested the following amendments to the draft Minutes.
5.1. The Secretary informed that a request had been received from the Government of Odisha to amend the version of the Hon'ble Minister from Odisha recorded in the third and the fourth sentence of paragraph 13 of the Minutes with the following version – 'He added that while the Central Government had enhanced the Clean Environment Cess to Rs. 400 per tonne in 2016-17, this cess was not being shared with the coal-bearing Sta

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year for these five years and that no credit should be allowed thereafter, so that there were no adverse financial implications on the revenue of the State.' The Council agreed to make this change in the version of the Hon'ble Deputy Chief Minister of Gujarat.
5.3. The Hon'ble Minister from Maharashtra stated that in paragraph 14 of the Minutes, the presently recorded version namely 'The Hon'ble Minister from Maharashtra suggested to add Local Body Tax (LBT) in the base year revenue' should be replaced by the following version – 'The Hon'ble Minister from Maharashtra stated that in view of abolition of the Local Body Tax (LBT), the following explanation should be added at the end of Section 5 of the draft GST Compensation Law; 'Explanation – For the purpose of clause C above, the term 'Revenue Collected' shall mean the amount of tax leviable under the erstwhile Entry 52 of List II of the Seventh Schedule to the Constitution prior to bringin

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Hon'ble Minister from Maharashtra also pointed out that in the ih Meeting of the Council, he had suggested that even if the amount available in the GST Compensation Fund was not sufficient to pay compensation, the States shall be paid compensation within the five-year period and that levy of cess might be extended beyond five years to recover the shortfall. He stated that this was not clearly recorded in the last sentence of paragraph 14 of the Minutes and requested to replace the last sentence with the following version: 'He also suggested that even if the amount available in the GST Compensation Fund was not sufficient to pay compensation, the States shall be paid compensation within the five-year period and that levy of cess might be extended beyond five years to recover the shortfall'. The Council agreed to modify the version of the Hon'ble Minister as proposed.
5.6. The Hon'ble Minister from Karnataka stated that his version recorded in paragraph 7(xxxviii) o

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h 8(i) namely, 'The Hon'ble Minister from Karnataka suggested not to call these products as agricultural products and instead give them specific exemption from tax' should be replaced with the following version 'The Hon'ble Minister from Karnataka suggested not to call these products as agricultural products persons involved in production of these products as agriculturists and instead give them specific exemption from tax'. The Council agreed to change the version of the Hon'ble Minister as suggested.
5.8. The Hon'ble Minister from Tamil Nadu recalled that in the last meeting, he had suggested to specifically reflect ITC adjustment and ITC reversal in the GST Compensation Law as Section 5(1)(h) and in response, it was clarified (as recorded in paragraph 20 of the Minutes) that the spread sheet containing details of fTC adjustment and ITC reversal was not meant to be added to the revenue collected as it was already decided in the Council that for compen

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the ITC reversal would be counted as part of the net revenue of the States, the net revenue of States would also include ITC reversal. He stated that if the amount of ITC reversal was again added to the base year revenue in Section 5 of the GST Compensation Law, then, this would result in double-counting of the amount representing ITC reversal.
6. In view of the above discussions, for Agenda item 2, the Council decided to adopt the Minutes of the 7th meeting of the Council with the changes as recorded below.
6.1. To amend the version of the Hon'ble Minister from Odisha recorded in the third and the fourth sentence of paragraph 13 of the Minutes with the following version – 'He added that while the Central Government had enhanced the Clean Environment Cess to Rs. 400 per tonne in 2016-17, this cess was not being shared with the coal-bearing States. He further suggested that the Clean Environment Cess should be renamed as 'Environment and Rehabilitation Cess' and at lea

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Minister from Maharashtra suggested to add Local Body Tax (LBT) in the base year revenue' with the following version – 'The Hon'ble Minister from Maharashtra stated that in view of abolition of the Local Body Tax (LBT), the following explanation should be added at the end of Section 5 of the draft GST Compensation Law; Explanation – For the purpose of clause C above, the term Revenue Collected shall mean the amount of tax leviable under the erstwhile Entry 52 of List II of the Seventh Schedule to the Constitution prior to bringing into effect the provisions of the Constitution (One Hundred and First Amendment) Act, 2016 that could have been collected in the Base Year had the same not been discontinued either fully or partially, during the course of the year.'
6.4. To replace the version of the Hon'ble Minister from Maharashtra in paragraph 14 of the Minutes, presently recorded as 'The Hon'ble Minister suggested to release compensation on the basis of self-

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by bringing Schedule IV in a notification, one advantage of keeping these exemptions in the Law was that the suppliers of Government services would not be required to take registration if they were also making small quantum of taxable supply' with the following version – 'The Hon'ble Minister for Karnataka stated that while he agreed with the flexibility principle by bringing Schedule IV in a notification, one advantage of keeping these items as neither supply of goods nor of services was that the suppliers of Government services would not be required to take registration if they were also making small quantum of taxable supply'.
6.7. To replace the version of the Hon'ble Minister from Karnataka recorded in paragraph 8(i) as 'The Hon'ble Minister from Karnataka suggested not to call these products as agricultural products and instead give them specific exemption from tax' with the following version – 'The Hon'ble Minister from Karnataka suggest

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e responsibility for policing up to twelve nautical miles from the coastline. He pointed out that even if coastal waters were not part of the territory of the coastal States, the policing responsibility had been entrusted to such States. He suggested that a similar approach could be followed for SGST namely, not to include territorial waters as part of the definition of 'State' but treat it as part of State for the administration of SGST. He pointed out that if territorial waters were treated as Union Territory, then, the indirect tax revenues accruing from transactions in the territorial waters would go into the Centre's pool and would not be available even for devolution to the States. He further stated that for the purposes of fishing, territorial waters along the coastline were treated as part of the State. The Hon'ble Minister from Kerala stated that VAT on ship bunkering was an important source of revenue for his State and it could not be given up in the GST regim

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maintained in the GST regime. He pointed out that the important activities presently taxed by the States in the adjoining coastal waters included: (i) Bunkering to the ships and dredgers; (ii) Supply to the ships, including cruise ships; and (iii) Supply of used oil from the ship. He also pointed out that the Centre never imposed VAT in the territorial waters as it had done in the Union Territories without Legislature and if the States did not have the power to levy VAT, the Centre would have certainly intervened earlier. He further pointed out that the coastal States had made considerable investment in development of ports, related logistics and other infrastructure such as roads, railways, power supply and environmental conservation measures. He also referred to certain judgements of High Courts and the Supreme Court which held that territorial waters were part of the State. He pointed out that in the case of A.M.S.S.V.M. and Co. vs. The State of Madras (in Order dated 24th February

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ion Home Ministry under which States had been authorized to carry out patrolling up to twelve nautical miles and pointed out that the States also enjoyed powers to carry out fishing within the territorial waters. He cautioned that the Centre could not encroach upon the power of the States. The Hon'ble Minister from Tamil Nadu stated that sales carried out in the territorial waters adjoining coastal States could be charged to V AT only if the territorial waters became part of the coastal State. He observed that without such an understanding, SGST could not be levied and this would adversely affect the revenue of the State. The Hon'ble Minister from Kerala pointed out that under Article 297 of the Constitution, all lands, minerals, etc. underlying the ocean within the territorial waters vested in the Union of India but GST applied to the activity of trade in the territorial waters and for this purpose, State should be defined to include territorial waters. The Hon'ble Ministe

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ed to certain judgements. He stated that Article 1 of the Constitution read with Schedule 1 defined the territories of a State but not its boundaries. He added that Entry 56 in List II of Schedule 7 of the Constitution referred to the States' power to levy taxes on goods and passengers carried on inland waterways but was silent about territorial waters and that what was not mentioned in List II would automatically go to List I of Schedule 7 of the Constitution by virtue of residuary Entry 97 of List I. He further stated that there was a logic in the argument presented by the States that they should share the administration of GST in the territorial waters as the Centre did not collect VAT in the territorial waters, but the conceptual difficulty was that a definition in law could not be contrary to what was provided in the Constitution. He explained that the meaning of Entry 57 in List I of Schedule 7 was that the Union of India could fish beyond twelve nautical miles and this impli

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onstitution, it appeared to be a Union Territory. He said that it might not be advisable to define State in a law in a way different from the  definition of State given in the Constitution. He cautioned that if the power to levy SGST within the territorial water was given to the States under law, there was a risk that the law might get struck down as unconstitutional. The Hon'ble Minister from Maharashtra stated that there were judgments of the Court that the power to levy V AT within the territorial water lay with the States. The CCT Gujarat stated that in view of the judgements mentioned in his presentation, the affidavit filed by the Union of India in the Supreme Court in the case of Great Eastern Shipping Co. Ltd. vs. the State of Karnataka needed re-examination. He further pointed out that the State of Gujarat recovered about Rs. 1200 crore as VAT for transaction within the territorial water and they would lose considerable revenue if States were denied the power of taxat

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tion in the territorial water like law and order, fishing, etc. He observed that if the Central Government kept to itself the administration of GST in the territorial water, it would amount to territorial expansion by the Centre. The Hon'ble Minister from West Bengal observed that their State had a coastline of 920 kilometres and it was important that SGST in the territorial waters should be collected by the State. He stated that in addition to the case laws mentioned in the presentation by the CCT Gujarat, there was an additional judgement of the High Court of Madras in the case of Madras Marine & Co. vs State of Madras wherein it was held that sales to ship within the territorial water was sale within the State and it was not to be considered as export as the sale was for consumption aboard the ship. He added that presently sale in the territorial waters was under VAT and no contrary view was acceptable to them.
7.6. Shri Udai Singh Kumawat, Joint Secretary, Department of Revenu

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arginal belt and that the Federal Government rather than the State had paramount rights over that belt. He further mentioned that in another case the Supreme Court of Canada dismissed the contention of British Columbia, one of the States of Canada, that the territorial waters belonged to it and held that the territorial waters belonged to the Union as sovereignty was based on International Law. The Hon'ble Minister from Tamil Nadu responded that the judgement in the Raj Shipping case was relating to the State of Travancore, which upon accession to India, demanded rights over 12 nautical miles and that this judgement applied to States acceding to the Union of India.
7.7. The Hon'ble Minister from Kerala observed that the States had been administering VAT in the territorial waters till now and they could not be ousted from their jurisdiction in the GST regime. The Hori'ble Chief Minister of Puducherry observed that the States exercised powers under the law to sort out disputes b

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ates and the second judgement followed the first one. He stated that the judgement in the case of Great Eastern Shipping Co. relied upon the fisheries case to say that it applied to it and the Union of India had objected to this decision. He further observed that as the power to levy VAT was never vested with the Union, the State Governments made legislation to administer VAT in the coastal waters and the practice thus continued. He added that now, in view of the definition of Union Territory in Article 366(30) of the Constitution, it needed to be considered carefully whether States could be given power to impose GST in a territory which was constitutionally a Union Territory. The Hon'ble Minister from Tamil Nadu stated that as States were allowed to collect VAT earlier, they should also be allowed to collect SGST in the spirit of cooperative federalism, The Hon'ble Minister from Karnataka stated that by an administrative arrangement, territorial waters could still remain a Uni

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were asked to supplement the security in the territorial waters though this task was basically entrusted to the Coast Guard. He stated that this matter was very sensitive and if territorial waters were declared as State territory, then maintenance of law and order in the territorial waters would become a State responsibility which had serious security implications. He stated that the Government of India had taken a stand in the case of Great Eastern Shipping Co. that territorial waters were Union Territory and it could be examined further as to what could be the legal methodology to legalize State jurisdiction to impose tax in the territorial waters though it did not belong to them. The Hon'ble Minister from Karnataka stated that this could be achieved by deeming supplies in territorial waters as intra-State and reminded that a similar deeming arrangement had been made for SEZs. The Hon'ble Minister from Tamil Nadu stated that such an arrangement for territorial waters would n

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al areas and fishermen's livelihood came from fishing within the twelve nautical miles of the territorial waters. He observed that his State had also been involved in coastal policing and collecting tax and this power could not be taken away. He requested the Hon'ble Chairperson to suggest a formulation which, without affecting the legal position of territorial waters, gave power to the States to levy SGST. The Hon'ble Chairperson observed that taxation power of States within twelve nautical miles of territorial waters was somewhat fluid and uncertain despite certain judgements discussed earlier and presently, the Union of India had filed an affidavit in the Supreme Court in the case of Great Eastern Shipping Company Ltd disputing the jurisdiction of States to levy V AT in the territorial waters. He stated that this issue would need to be further discussed with the Union Law Ministry in order to find a legally sustainable solution. He noted that there was already one sugges

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remain with the Central Government. The Secretary added that the definition of State under Article 366(26B) did not appear to exclude Union Territories without Legislature.
9. Section 2(5) (Definition of “export of goods''): In respect of the definition of 'export of goods', the Hon'ble Minister from West Bengal suggested to replace the phrase 'taking goods out of India' with the phrase 'supplying goods out of India'. He explained that this would be a more correct formulation technically as 'taking goods out' would also apply to tourists taking goods out of India which was not the meaning of export. Shri Upender Gupta, Commissioner (GST Policy Wing), Central Board of Excise and Customs (CBEC) clarified that this definition was taken from the Customs Act, 1962 which had stood the test of time and for the sake of uniformity, it would not be desirable to change the definition. He further clarified that Section 20 of the draft IGST Act also cont

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'situated outside the State'. He stated that the area of a State in which SEZ was located was specified in the first Schedule of the Constitution and the States could not be bifurcated without following the procedure specified in Article 3 of the Constitution. He added that presently, sale made to SEZ units or developers was considered as zero-rated or exempted sale under the VAT Acts but it was not treated as a territory outside the State or a Customs frontier under Article 286 of the Constitution. The Secretary clarified that no sovereignty was being granted to SEZ and it was only proposed that supplies by SEZ would be treated as inter-state supplies. The CCT, Tamil Nadu observed that the existing formulation would lead to sales to the domestic tariff area (DTA) within the State also being treated as inter-State sales. He added that all other State laws like labour laws, etc. applied to SEZ. The Hon'ble Minister from West Bengal observed that such a provision was a devia

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nd SGST. He therefore suggested that in this provision, a link should be established to the applied rate of CGST and SGST. The Commissioner (GST Policy Wing), CBEC observed that the sum total of CGST and SOST rates might vary if a band of SGST rates was operated by some State in future. The Hon'ble Minister from Tamil Nadu raised a question as to whether States had the authority to have a different rate of tax. The Secretary stated that a band of rate could be permitted for a State only if the Council agreed to it.
12.2. Section 5(1) (Levy and collection of Integrated Goods and Services Tax): The Hon'ble Minister from Haryana suggested that the cap on the rate of IGST should be increased from 28% to 40% as it had already been agreed in the 5th meeting of the Council held on 2-3 December 2016 that the cap of rate for CGST and SGST under Section 8(1) of the Model OST Law would be increased from 14% to 20%. He suggested that in the alternative, it could be provided that the GST C

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of five years, the provision could be amended to the effect that cap of 40% shall apply for goods other than demerit goods. The Secretary stated that the issue of charging tax or cess on 'sin' goods could be revisited at a later date. He also explained that the formulation suggested by the Hon'ble Minister from Haryana would require a separate definition of 'sin' goods and other consequential changes which would not be desirable. After discussion, the Council agreed to amend Section 5(1) by substituting the rate of 28% with 40%.
13. Section 5(3) (Levy and collection of Integrated Goods and Services Tax): The Hon'ble Deputy Chief Minister of Delhi observed that the second proviso to this section appeared to bring electronic commerce operators under the tax net, which had not been the practice till now. The Commissioner (GST Policy Wing), CBEC clarified that this provision was essentially for suppliers of services from abroad. The Hon'ble Deputy Chief Minist

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state in the law itself that all exemptions shall apply under all the three laws, i.e. CGST, SGST and IGST. The Secretary observed that such uniformity would be maintained in view of the fact that all notifications were to be issued after the approval of the Council.
15. Section 14 (Transfer of input tax credit): The Hon'ble Minister from West Bengal suggested that in Section 14(1) and Section 14(2), the phrase 'in the manner and time as may be prescribed' should be replaced by the phrase 'on the first day of the month following the month in which the return is filed'. He explained that this would ensure that fund-flow to the destination State was credited on the first day of the month following the month in which the return was filed and that there was no scope for discretion in the matter. The Secretary stated that this could be provided for in the relevant Rules. The Hon'ble Minister from Jammu & Kashmir stated that GSTN was only a banking mechanism and the

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he provision would be much more in the Rules rather than in the law. The CEO, GSTN added that if, for some reason, the time period for return-filing was extended, it could create serious legal complications.
16. Section 15(7) (Apportionment of tax collected under the Act and settlement of funds): The Hon'ble Chief Minister of Puducherry stated that he had addressed a letter dated 7 December 2016 to the Hon'ble Chairperson pointing out that in the second proviso to Section 15(7) of the Draft I GST Law, it was proposed to apportion the balance amount relating to cases where the taxable person making such supplies could not be determined, in accordance with clause 2 of Article 270 of the Constitution and that since the Union Territories with Legislature did not come under the purview of the Finance Commission as per Article 270, it was apprehended that Puducherry would not get its share of balance of IGST amount apportioned to the States through this mechanism. He therefore sugge

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e balance amount for a year shall be apportioned to all States in proportion to the SGST collection of the States for that year.
17. The Hon'ble Minister from Tamil Nadu raised a question as to why the SGST portion of IGST could not go directly to the concerned State instead of going through a clearing house mechanism. The CEO, GSTN explained that the money was first paid through a return and then, it was passed on to the State. Shri G.D. Lohani, Commissioner (Central Excise), CBEC explained that tax was not paid invoice-wise and tax could also be paid by utilizing the ITC instead of cash payment. On account of these features, there would be one bulk debit for each State for IGST payment made in cash and several debits from the ITC accounts of the taxpayers. The Secretary stated that it would not be advisable to question the entire model of IGST at this stage as this model was accepted after protracted discussion over many years.
18. Commissioner (GST Policy Wing), CBEC made a pr

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consumer in an inter-State transaction and wondered how this loss of tax was allocated between the Centre and the States. The Secretary clarified that the example related to goods where the loss might be more for the States but in services, there would be a big gain to the States. He further added that the present service tax collection of the Central Government was about Rs. 2.1 lakh crore and in the GST regime, this would be shared with the States. The Hon'ble Minister from Kerala stated that in the presentation, the rates of SGST and CGST were assumed to be the same, but there was a need to discuss the rate split between CGST and SGST. He also added that he needed to understand the role of States in the administration of IGST.
19.1. Section 18 (Power to make rules): The Hon'ble Deputy Chief Minister of Delhi observed that under this section, the Central Government had power to make rules on the recommendation of the Council. He raised an interpretational issue as to whethe

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endation of the Council, it would need to come back to the Council to get it changed. The Hon'ble Minister from Assam raised an issue as to what stand a State Government should take in case amendments to the SGST law were suggested in the State Legislature. The Hon'ble Chairperson responded that the State Government's stand should be that it could not legislate contrary to the recommendation of the Council and that it would need to go back to the Council for approval of the desired modification.
19.2. The Hon'ble Minister from Kerala stated that the State legislature should have the freedom to enact a provision on its own without the approval of the Council if it did not have any implication for other States. He gave some examples in this regard, like certain facilities to be given to traders or measures to encourage voluntary registration. The Hon'ble Chairperson said that in the first cited example, the State legislature could act without the recommendation of th

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ter.
19.3. The Hon'ble Chairperson stated that Article 246A gave power to the Parliament and the Legislatures of the States to make laws with respect to goods and services tax and this could be made on the recommendation of the Council as referred to in Article 279A. He observed that the Parliament or the State Legislature could not legislate contrary to the recommendation of the Council. The Hon'ble Minister from Jammu & Kashmir stated that if the recommendation of the Council was binding on the Parliament and the State legislature, then a huge power was being conferred to the Council. The Hon'ble Chairperson stated that the interpretation given was in response to the question raised by the Hon'ble Deputy Chief Minister of Delhi as to whether the Central Government was bound by the recommendation of the Council while exercising its rule making power under Section 18 of the IGST Act. The Hon'ble Minister from Jammu & Kashmir stated that in a desire to bind the Cent

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s decided by the Council. He added that if the Legislature supplemented the decision with certain procedures not impacting law without bringing it to the Council, it could be acceptable. The Hon'ble Minister from Assam stated that interpretation of Article 279A of the Constitution now lay with the Courts. The Hon'ble Minister from Kerala stated that the provisions of Article 279A could also be interpreted by the Council but if there was a dispute, recourse could be taken to the court of law. The Hon'ble Chairperson observed that in the legal terminology, for the fields occupied by Article 279A, the State Legislatures and the Parliament were bound by the recommendation of the Council. The Hon'ble Minister from West Bengal stated that Article 279A only referred to recommendation by the Council and not regarding any binding nature of such recommendation. The Hon'ble Minister from Jammu & Kashmir observed that the Finance Commission's recommendation was not binding.

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powerment to ensure single interface under GST.
21. In respect of Agenda Item 3, the Council approved the IGST Law subject to the decisions and observations as recorded below.
i. Section 2(25) (Definition of “State''): The definition of 'State' needed to be discussed further to find a legally sustainable solution.
ii. Section 3(3) (Supplies of goods and/ or services in the course of inter-State trade or commerce): This section to be discussed by the Law Committee of officers to examine whether a provision be added regarding deemed delivery of goods to the buyer when supply took place before the goods had crossed the customs frontiers of India.
iii. Section 5(1) (Levy and collection of Integrated Goods and Services Tax): To amend Section 5( 1) by substituting the rate of 28% with 40%.
iv. Section 15(7) (Apportionment of tax collected under the Act and settlement of funds): To modify the second proviso to Section 15(7) to provide that the balance amount for a yea

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ihar raised a question whether cess would also be levied on supply of services. The Secretary clarified that law only provided an enabling power to levy cess on services for compensation but the Council would decide whether or not to levy such a cess.
ii. Section 10(1) (Crediting proceeds of cess to GST Compensation Fund): The Hon'ble Minister from Tamil Nadu stated that he agreed with the definition of Compensation Fund inserted in Section 2(4) of the draft Compensation Law and requested that the same wordings should be used in relation to the expression 'GST Compensation Fund' in Section 10(1) to provide that cess or other revenue as Council may decide shall be part of the Compensation Fund. The Council agreed to this suggestion. The Hon'ble Minister from West Bengal stated that this clause should not lead to additional tax being levied to raise higher amount of cess for meeting a possibly higher compensation requirement due to demonetisation. He observed that as th

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how to raise resources. He observed that all States had come on board for GST on the understanding that their interest would be fully protected and therefore, if there was a shortfall in cess, it must be met. He added that as it was decided that compensation would be paid on bi-monthly basis, it could not be paid in the sixth year and therefore payment of compensation could not be deferred beyond 5 years. He added that the understanding should be that if the amount for compensation was inadequate in the GST Compensation Fund, then cess could be collected in the sixth year or subsequent year to adjust the payment. The Hon'ble Chairperson assured that compensation to States shall be paid for 5 years in full within the stipulated period of 5 years and, in case the amount in the GST Compensation Fund fell short of the compensation payable in any bimonthly period, the GST Council shall decide the mode of raising additional resources including borrowing from the market which could be repaid

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norms of the Finance Commission, as Union Territories with Legislature did not come under the purview of the Finance Commission. He therefore suggested that instead of apportioning the amount based on the devolution formula under Article 270, the 50% unutilized amount available in the GST Compensation Fund should be apportioned among the States and Union Territories with Legislature in proportion to the SGST collection. The Hon'ble Chief Minister of Puducherry stated that a similar proposal had earlier been agreed in relation to the second proviso to Section 15(7) of the IGST Act. After discussion, the Council decided that 50% of the amount remaining unutilized in the GST Compensation Fund at the end of the transition period shall be transferred to the Consolidated Fund of India as the Centre's share and that the balance 50% of the amount remaining unutilised in the GST Compensation Fund shall be distributed amongst the States as well as among Union Territories with or without

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to provide that cess or other revenue as Council may decide shall be part of the GST Compensation Fund.
ii. Section 10(2) (Crediting proceeds of cess to GST Compensation Fund): To modify this sub-section to clearly reflect that compensation shall be paid bi-monthly and that it shall be paid within 5 years, and in case the amount in the GST Compensation Fund is likely to fall short or fell short of the compensation payable in any bimonthly period, the GST Council shall decide the mode of raising additional resources including borrowing from the market which could be repaid by collection of cess in the sixth year or further subsequent year.
iii. Section 10(3) (Crediting proceeds of cess to GST Compensation Fund): To modify this sub-section to provide that 50% of the amount remaining unutilised in the GST Compensation Fund shall be transferred to the Consolidated Fund of India and that the balance 50% of the amount remaining unutilised in the GST Compensation Fund shall be distribute

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on was required in course of its administration, the issue could be referred to the Central Government or to the other State Government. He added that this was a very fundamental issue and was not a matter of give and take. He further added that every taxpayer would pay lGST as well as SGST and CGST and both needed to be verified by the same tax administration. The Hon'ble Minister from Rajasthan stated that Section 24 of the draft lGST Act had been provided to appoint SGST officers as proper officers in certain circumstances. He added that any activity of enforcement, scrutiny or audit of a taxpayer might lead to detection of lGST irregularity by SGST officers and that complete cross empowerment was required in IGST to achieve single interface for smooth implementation of GST. He further added that without complete cross empowerment of IGST, the whole purpose of single interface would be defeated and that provisions for cross empowerment might be made in line with the draft I of S

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of Rs. 1.5 crore. He emphasised that there must be single interface for the taxpayer. The Hon'ble Chief Minister of Puducherry stated that the Central Government did not have infrastructure for indirect tax administration at the district level. He informed that the Central office for indirect tax for Puducherry was located in Tamil Nadu and stated that without the support of the State machinery, which was fully active in the field, lGST could not be implemented.
27. The Hon'ble Chairperson observed that the best method of apportionment of work between the two administrations needed to be worked out. He added that Article 269A of the Constitution provided that lGST shall be levied and collected by the Central Government. The Hon'ble Minister from Punjab stated that in such a situation, there would be dual control over taxpayers. The Hon'ble Minister from Tamil Nadu stated that the power of the Central Government under Article 269A of the Constitution could be delegated

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ather apportioned between the Centre and the destination State. The Hon'ble Chairperson stated that the power to administer the IGST Law would involve making assessment of taxes in certain cases and expressed a doubt as to how such function could be passed on to the State administration. The Hon'ble Minister from Karnataka stated that the powers of assessment of tax etc. would come from the word 'collected' in Article 269A of the Constitution. The Hon'ble Chairperson stated that the power to levy, collect and apportion IGST belonged to the Centre. The Hon'ble Minister from Karnataka stated that single interface would not work without cross-empowerment of IGST. The Chairman, CBEC stated that originally GST was conceived as a dual administration and later on, it was realised that single interface was desirable. He observed that having a single interface for CGST and SGST was much less challenging and that for IGST, there was a Constitutional challenge due to the w

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e interface would not be possible; (iv) conventionally, CBEC had been administering service tax (v) how to optimally use the machinery of the Central and State Governments. The Hon'ble Minister from West Bengal stated that the question of dual control was a separate issue and the point at this stage was that States be conferred power to administer IGST so that it could address the issue of SGST which was part of IGST. He added that as the Chairman of the Empowered Committee, he had suggested an amendment in the wording of Article 269A of the Constitution to give a role to the States in the administration of IGST but at that stage, it was stated that this would be reflected in the law. He added that this should accordingly be reflected in the IGST Law. He emphasised that it was important to first resolve the IGST issue and then address the issue of dual control. He noted that while the States had different views on dual control, all of  them supported the demand to empower the

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s were available in the tax administrations. He stated that in Delhi, the proportion of V AT dealers who were also paying CST was very high and so this could not be completely entrusted to the Central Government. He suggested a division of taxpayers in the ratio of 60:40 in favour of States. The Hon'ble Minister from Tamil Nadu stated that it was a mistake to make GST a three dimensional tax. He stated that there should be only one tax and sharing its proceeds between the Centre and the States should be an internal matter. The Hon'ble Chairperson stated that due to lack of time this issue would be discussed further in the next meeting of the Council. The Council agreed to this suggestion.
30. For Agenda Item 4, the Council agreed to discuss this matter further in the next meeting of the Council.
Agenda Item 6: Date of the next meeting of the GST Council
31. After discussion, it was agreed that the next meeting of the Council would be held on 16 January 2017 in New Delhi.
32

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Jammu & Kashmir
Dr. Haseeb A. Drabu
Minister, Commercial Taxes
Minister, Excise & Taxation
Finance Minister
14
Jharkhand
15
Karnataka
16
Kerala
Dr. Thomas Issac
Shri C.P. Singh
Shri Krishna Byregowda
Minister for Urban Development
& Housing
Minister for Agriculture
Finance Minister
17
Madhya Pradesh
Shri Jayant Malaiya
Finance Minister
18
Maharashtra
Shri Sudhir Mungantiwar
Finance Minister
19
Meghalaya
Shri Zenith Sangma
Minister for Taxation
20
Mizoram
Shri Lalsawta
21
Odisha
Shri Pradip Kumar Amat
22
Punjab
23
Rajasthan
24
Tamil Nadu
25
Telangana
Shri Parminder Singh Dhindsa
Shri Rajpal Singh Shekhawat
Shri K. Pandiarajan
Shri Etela Rajender
Minister for Taxation
Finance Minister
Finance Minister
Minister for Industries
Minister, School Education, Sports
& Youth Welfare
Finance Minister
26
Tripura
Shri Bhanu Lal Saha
Finance Minister
27
Uttarakhand
Smt. Indira Hridayesh
Finance Minister
28
West Bengal
Dr. Amit Mitra
F

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India
Shri S.P. Bhatia
22
GST Council
Shri Arun Goyal
23
GST Council
24
GST Council
Shri Manish K Sinha
25
GST Council
Ms. Himani Bhayana
26
GST Council
Shri G.S. Sinha
27
GST Council
28
GST Council
Shri Kaushik TG
29
GST Council
30
GST Council
Shri Amit Soni
Shri Shashank Priya
Shri Rakesh Agarwal
Shri Sandeep Bhutani
Secretary, GST Council & Dept of Revenue
Permanent Invitee to GST Council &
Chairman, CBEC
Chief Economic Adviser
Member (GST), CBEC
Director General, DG-GST
Principal Commissioner, (AR), CESTAT, CBEC
Additional Secretary, Dept of Revenue
Principal Commissioner, Customs, Delhi, CBEC
Advisor (GST), CBEC
ADG, Press, Ministry of Finance
Joint Secretary (TRU), Dept of Revenue
Commissioner (GST), CBEC
Joint Secretary, Dept of Revenue
Joint Secretary (TRU), Dept of Revenue
Commissioner, CBEC
Advisor to MOS
OSD to FM
Deputy Commissioner, GST Policy
Assistant Commissioner (GST), CBEC
Assistant Director, Press, MoF
Additional PS

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ommissioner, VAT
Finance Commissioner
43
Assam
Shri Gautam Das Gupta
Deputy Commissioner, Commercial Taxes
44
Bihar
Shri Ravi Mittal
45
Bihar
Smt. Sujata Chaturvedi
46
Bihar
Shri Arun Kumar Mishra
47
Bihar
Shri Ajitabh Mishra
Principal Secretary (Finance)
Principal Secretary & Commissioner,
Commercial Taxes
Additional Secretary, Commercial Taxes
Assistant Commissioner, Commercial Taxes
48
Bihar
Shri Birendra Kumar
PS to Minister
52 Delhi
Shri Dipak Bandekar
51
49 Chhattisgarh
50 Chhattisgarh
Chhattisgarh
Shri Amitabh Jain
Ms. Sangeetha P
Shri Khemraj Jhariya
Shri H. Rajesh Prasad
53
Delhi
Shri Anand Kumar Tiwari
54 Goa
55 Gujarat
Dr. P.D.Vaghela
56 Gujarat
57 Gujarat
Ms. Mona Khandhar
Shri Riddhesh Raval
58 Haryana
59 Haryana
60 Haryana
61 Haryana
62
Himachal
Pradesh
Jammu &
63 Kashmir
66
Shri Sanjeev Kaushal
Shri Shyamal Misra
Shri Vidya Sagar
Shri Rajeev Chaudhary
Shri Pushpendra Rajput
Shri P.K. Bhat
Principal Secretary,

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76 Mizoram
Shri K. Sanglawma
70 Madhya Pradesh
Dr. Rajan Khobragade
Shri Raghwendra Kumar
Singh
Shri Sudip Gupta
Shri Rajiv Jalota
Shri Dhananjay Akhade
Shri R.K. Khurkishor Singh
Shri Y. Indrakumar Singh
Commissioner, Commercial Taxes
Commissioner, Commercial Taxes
Deputy Commissioner
Commissioner, Sales Tax
Joint Commissioner
Assistant Commissioner, Taxes
Superintendent, Taxes
Finance Commissioner
Commissioner, Taxes
77
Mizoram
Shri Umakant
78
Mizoram
Shri L.H. Rosanga
79
Nagaland
Shri Wochamo Odyuo
OSD to Govt. of Mizoram
Joint Commissioner, Taxes
Joint Commissioner, Taxes
80
Odisha
Shri Ashok Meena
81
Odisha
Shri Saswat Misra
82
Odisha
Shri Sahadev Sahu
83 Puducherry
84 Puducherry
85 Punjab
86 Punjab
87 Punjab
Shri Varun Roosam
Shri Pawan Garg
88 Rajasthan
89 Rajasthan
90 Rajasthan
91 Rajasthan
Shri Praveen Gupta
Shri Alok Gupta
Shri Ketan Sharma
92 Sikkim
Shri Manoj Rai
93 Tamil Nadu
Dr. V. Candavelou
Shri G. Srinivas
Shr

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ial Taxes
Special Secretary
Additional Commissioner
Assistant Commissioner, Commercial Taxes
Commissioner, Commercial Taxes
Additional Commissioner, Commercial Taxes
Deputy Commissioner
Principal Secretary (Finance)
Commissioner, Commercial Taxes
Senior Joint Commissioner, Commercial Tax
Chairman
S No
State/Centre
Name of the Officer
99 Tripura
Shri Shailendra Singh
100
Uttar Pradesh
Shri Mukesh Kumar
Meshram
101
Uttar Pradesh
Shri S.C.Dwivedi
102
Uttar Pradesh
Shri Vivek Kumar
103
Uttar Pradesh
Shri Niraj Kumar Maurya
104
Uttarakhand
Shri Ranveer Singh Chauhan
105
Uttarakhand
Shri Piyush Kumar
106
Uttarakhand
Shri Yashpal Singh
107 West Bengal
Shri H.K. Dwivedi
108
109
West Bengal
West Bengal
Ms. Smaraki Mahapatra
Shri Khalid A Anwar
110 GSTN
111
GSTN
Shri Navin Kumar
Shri Prakash Kumar
CEO
CHAIRMAN'S
INITIALS
Page 36 of 37
JAYNA BOOK DEPOT
JAYNA
MINUTE BOOK
Estd. 1949
Annexure 3
JB List of Representatives from Sectors who at

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ndia Assurance Co. Ltd &
Chairman, GIPSA
Chief Executive, GIPSA
MD, Cholamandalam MS GIC Ltd
CEO, Apollo Munich Health Insurance Co. Ltd.
Secretary General, Gl Council
Secretary, DoT
11
12
Banking & Insurance
Banking & Insurance
Shri V. Manickam
Ms. Neetu Gupta
Ms. Usha Sangwan
13
17
Banking & Insurance
14 Banking & Insurance
15 Banking & Insurance
16 Banking & Insurance
Banking & Insurance
18 Telecom
19
Telecom
Shri P.K.Mittal
20
Telecom
Shri P.K. Sinha
21
Telecom
Shri Akshaya Moondra
22
Telecom
Shri Deepak Garg
23 Telecom
Shri Nilanjan Roy
24
IT/ITeS
Smt. Aruna Sundararajan
25 IT/ITeS
26 IT/ITES
Shri S. K. Marwah
27 IT/ITeS
28
IT/ITES
Shri P. V. Srinivasan
29
IT/ITeS
30
Civil Aviation
Shri Mahesh Jaising
Shri R.N. Choubey
BMR Advisors
Secretary, Ministry of Civil Aviation
Page 37 of 37
Shri Rajiv Kumar
Shri R. Chandrashekhar
Sr. Deputy Director General, DoT
Sr. Deputy Director General, DOT
Chief Financial Officer, M/s Idea Ce

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Action Points before GST implementation

Action Points before GST implementation
By: – Ravi Kumar Somani
Goods and Services Tax – GST
Dated:- 3-1-2017

GST would become a reality and the nation could witness changes in the traditional ways of doing business. Businesses right now have the option to proactively embrace this reform, understand its intricacies and take a business advantage out of this change by acting immediately.
Since the tax system is in the transitional phase, hence, this is the right time for businesses to understand the immediate action points for smooth implementation of the GST. This article provides a broad thought process and a way forward of major areas actions that a business can re look. Various immediate action points can be as under:
CREATING A CORE GST TEAM:
Identifying resources across various departments within the organization and a core GST team must be formed which would be a task force equipped with the charge of smooth implementation of GST. Since, GST is not just a tax re

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le, purchase, stock transfers etc;
* Impact on various business departments i.e. Finance & Accounts, Procurement, production, stores, Sales & Marketing, IT, Admin & HR.
* Strategizing the right pricing to create right balance between margins and volumes;
* Impact on existing contracts and agreements;
* Impact on Key vendors, their readiness and approach to GST;
* Change in procurement and other sourcing strategies;
* Aspects to be representing through various bodies/ associations;
* Assessing the capacity building to meet the needs of the GST;
* Readiness of the ERP system and technological interface to usher into the new tax regime.
MIGRATE THE REGISTRATIONS:
In registration process, it is crucial for the businesses to understand the need for various geographical locations and business verticals for which registration is required. Once this aspect is clearly decided, complete documentation must be kept in place to migrate into the GST regime. Assistance of profession

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one year and avail the credits where missed either due non-availability of credit availing document or due to oversight or credits which were assumed to be ineligible or where credits missed transferring in return from the books.
Businesses would face many practical issues in credit transition. Therefore, proper care must be taken while transferring the credits ensuring due compliance of the law. Further, businesses must have proper documentation, trails in place to establish the claim of the credit at a later date during departmental audits.
TAKING BUSINESS RESTRUCTURING DECISIONS:
Businesses would undergo a change due to advent of GST. Therefore businesses must timely act and restructure its model as per the requirement of the GST to have a competitive edge over others. There are many re-structuring aspects that can be looked into, few are as illustrated below for better understanding:
* Whether to change the manufacturing location, principle place of business;
* Adding locati

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ia would be key for the businesses. Core GST team must sit with the subject experts to understand the various possible ways in which a transaction can be restructured and then a decision must be taken as to which model would suit the most based on the nature, size and risks involved in the business. Few illustrative aspects of transactional restructuring are as under:
* Breaking a composite supply into multiple different supplies – For Ex: Combos with aerated drinks in restaurants, Cinema halls;
* Merging multiple supplies into a composite supply – For Ex: Vaastu, High Rise Premium to be merged with construction;
* Strategizing the stock transfers to avoid working capital blockage;
* Clear breaking up the Price to optimize taxes;
* Revisiting the Discounts policy – Nature of discount, Cash discount or trade discount, whether linked to invoice or not;
* Security Deposits in lieu of advances to ease cash flows;
* Reviewing pricing of all related party vendors to avoid dispu

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learning and training system in place. Further to accrue real benefits out of GST, trainings must not be restricted to internal staff but the same must also be extended to chain of vendors, customers and other stake holders. In a VAT system of taxation any weaker link in a chain also poses adverse impact on the entire chain.
DEALING WITH VENDORS/ CUSTOMERS:
Constant communication with the vendors/ customers and their support is very crucial in smooth transition. Carrying along the un-organized vendors into the GST regime is a risky affair. Many aspects of the GST regime such as matching concept, compliances etc. would be perturb the business in GST regime if the vendors are not organized. Therefore, the challenging task of the vendor evaluation/ assessment and their preparedness for the GST must be assessed well in advance during the transitional phase.
DECIDE ERP SYSTEM READINESS:
Needs of the businesses from ERP would undergo a change in the GST regime, but the crucial decision m

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TRANSITIONAL PROVISIONS-PART-VII Sec 173 – Exempted goods returned to the place of business on or after the appointed day

TRANSITIONAL PROVISIONS-PART-VII Sec 173 – Exempted goods returned to the place of business on or after the appointed day
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 3-1-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-VII
Sec 173 – Exempted goods returned to the place of business on or after the appointed day
The section enables a taxable person to receive exempted goods (under the old law) which were removed/sold earlier and then received back within 6 months of the appointed date. This section has been kept similar to the previous provision in the old draft. The only amendment has been introduced by a way of proviso in both CGST law and SGDT act to clarify that if the exempted

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tax under this Act and are returned after a period of six months from the appointed day. Instead of it, a new proviso has been added which states as follows:
PROVIDED that if the said goods are returned by a registered taxable person the return of the goods shall be deemed to be a supply.
The effect of this amendment is that earlier where the tax became payable only if the return was made after a time period of 6 months, now the return will be held as supply irrespective of the time period of return. Also the old draft stated that:
Every taxable person who receives such goods within a period of six months shall be entitled to take credit of the duty paid earlier at the time of removal.
This proviso has also been deleted as after the

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GST filling on Linux operating system

GST filling on Linux operating system
Query (Issue) Started By: – aditya sharda Dated:- 2-1-2017 Last Reply Date:- 5-1-2017 Goods and Services Tax – GST
Got 3 Replies
GST
hi i want to know that i want to fill GST in Linux operating system as our organization is currently using Linux operating system through out.But according to our vendor we need to have Microsoft Windows in order to fill the GST.I want to know the solution to this problem as we will not use Microsoft Windows as ope

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filling of GST with Digtal key in linux operating system

filling of GST with Digtal key in linux operating system
Query (Issue) Started By: – pardee kumar Dated:- 2-1-2017 Last Reply Date:- 3-1-2017 Goods and Services Tax – GST
Got 2 Replies
GST
hi i want to know that as per the digital key provided by the vendor to our organization it is only installing in microsoft windows.but our organization is only using linux as operating system through out.how can we install the digital key in Linux so we dont have to purchase Microsoft Windows whi

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GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 2-1-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-VI
Credit of eligible duties and taxes on inputs held in stock to be allowed to a taxable person switching over from composition scheme
The section 172 (146 in old draft) dictates the provision and conditions, on fulfillment of which a registered taxable person becomes eligible to avail the cenvat of the inputs held in stock if he opts to switch over from composition scheme. The sections reads as follows:
Registered taxable person, who was either paying tax at a fixed rate or paying a fixed amount in lieu of the tax payable under the earl

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and
(v) such invoices and /or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day. (CGST)
A worth noting change bought in this section is that earlier there was an additional condition which stated that the cenvat which the assessee intends to avail should have been allowed to him under the previous law also but he was not availing merely because he had opted composition scheme. This condition is now dropped. Thus even if certain inputs were not allowed under the previous law but are allowed under the new law; cenvat can be availed on them.
But yet there is one problem. The conditions also state that the invoice on which cenvat is been availed should not be older than 12 months.

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as a result of any proceeding instituted, whether before or after the appointed day, against such person under the earlier law
The provisions for SGST are similar except that one condition has been replaced there also. The condition (iii) read as follows:
the said taxable person was eligible to claim input tax credit on purchase of such inputs and/or goods under the earlier law but for his being a composition taxpayer under the said law
This condition has been replaced by the following condition:
the said inputs were not [specified in Schedule of the earlier law or in the rules made thereunder or in any notification issued under the earlier law] as inputs on which credit was not admissible under the earlier law;
The effect of this is

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TRANSITIONAL PROVISIONS-PART-V

TRANSITIONAL PROVISIONS-PART-V
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 2-1-2017

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-V
SECTION 171 CREDIT OF ELIGIBLE DUTIES AND TAXES IN RESPECT OF INPUTS OR INPUT SERVICES DURING TRANSIT
This is a new provision that has been incorporated in the revised GST law which provides for credit availment for inputs/input services during transit. Where the goods have been removed prior to the appointed day on payment of excise/VAT but are received after the appointed day, then the question of availment of cenvat of excise and VAT against CGST/SGST will arise. To resolve this situation, following has been provided:-
(1) A registered taxable pers

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credit that has been taken under sub-section (1).
If we minutely observe the above provisions, we find that these enable credit availment for inputs/input services that are in transit on the appointed day. The example of input services in transit can be the services of transportation of goods by road/rail. At this point, it is pertinent to note the provisions contained in section 188 of the Revised GST law which states that tax in respect of taxable services shall be payable under earlier law to the extent the point of taxation in respect of such services arose before the appointed day. Say for example, if the transportation of goods by road service has been booked in advance for which invoice has been issued before the appointed day and

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duty/VAT credit available on such capital goods but there is no provision in revised GST law for enabling assessees to avail the credit of capital goods in transit. Consequently, the assessees should ensure that they receive the capital goods before the appointed day if ordered before the appointed day or place order for capital goods only after implementation of GST so that there is no issue regarding availment of credit of excise duty/VAT.
The above provision also specifies that the credit will be allowed only if the invoice is booked in the accounts within 30 days of the appointed day. Not only this, assessee is also required to file a statement with the authorities to substantiate the credit taken on the goods in transit.
You may vi

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Full/Partial exemption of late fee under section 20(6) of MVAT Act, for late returns.

Full/Partial exemption of late fee under section 20(6) of MVAT Act, for late returns.
1T of 2017. Dated:- 2-1-2017 Maharashtra SGST – Circular
GST – States
Office of the
Commissioner of Sales Tax,
8th floor, Vikrikar Bhavan,
Mazgaon, Mumbai-400 010.
TRADE CIRCULAR
 No. AMD/1C/2016/15/ADM-8
Mumbai, Date : 02.01.2017
Trade Circular No: 1T of 2017.
Subject:- Full/ Partial exemption of late fee under section 20(6) of MVAT Act, for late returns.
Reference: I) Notification No. VAT IS13/CR 124/ Taxn-l dated 1st Jan. 2014
2) Notification No. VAT 1516/CR 178/Taxn-1 dated 28th December 2016
Goods and Services Tax Act shall be implemented soon. After the implementation of the GST, many state taxes would be subsumed in GST. Most o

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urns for the old periods could also be obtained on the new SAP automation system soon.
3. With a view to grant an opportunity to the defaulters, before the Department starts a rigorous drive against the returns defaulters in the month of March 2017, the Government of Maharashtra has waived the late fee by amending the notification, No. VAT 1513/CR 124/Taxn-l, dated 1st January 2014, issued u/ s 20(6) of the MVAT Act by notification No. VAT 1516/ CR 178/ Taxn-l, dated 28th December 2016. By virtue of this notification, a limited period opportunity is being given for the returns defaulters to upload returns without payment of late fee or on payment of partial late fee.
4. A registered dealer, who uploads the pending returns for any period u

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HOW WILL GST IMPACT PROVIDERS OF SERVICES (PART-I)

HOW WILL GST IMPACT PROVIDERS OF SERVICES (PART-I)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 31-12-2016

Services contribute over 57 percent to Indian Economy (GDP) which is the highest. The services sector is not only the dominant sector in India's GDP, but has also attracted significant foreign investment flows, contributed significantly to exports as well as provided large-scale employment. India's services sector covers a wide variety of activities such as trade, hotel and restaurants, transport, storage and communication, financing, insurance, real estate, business services, community, social and personal services, and services associated with construction.
Key Impact Areas for Services
Following areas can be identified to have direct bearing on services / service providers-
Territory
GST law shall extend to whole of India and SGST law would apply to respective States. Presently, Service Tax law extends to whole of India except the State of

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d facing tax disputes with both Departments i.e., service tax and VAT /CST Departments. Service providers paying service tax are getting notices from VAT /CST Department and dealers who are paying VAT /CST are get notices from service tax Department in case of overlapping transaction.
With the introduction of one single tax-GST on supply of goods and /or services including supplies as per Schedule II, GST is likely to put an end to the double taxation of services like software, works contract etc. which are treated as goods and services both.
Taxable Person
Taxable Person means a person who is registered or liable to be registered under Schedule-V of the Act. According to Schedule-V, every supplier shall be liable to be registered under the Act in the State from where he makes a taxable supply of goods and/or services if his aggregate turnover in a financial year exceeds rupees 10 lakhs in North-East States including Sikkim and hilly area and rupees 20 lakhs for othe States. Therefo

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nder any statute, other than SGST /CGST/IGST.
* 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.
* Incidental expenses
* Interest or late fee or penalty for late payment of any consideration of supply.
* Subsidies directly linked to the price excluding subsidies provided by the Central and State Governments
But shall not include(exclusion):
Discounts- Post-supply discounts will not be included in the transaction value if it is established as per the agreement and is known at, or before, the time of supply. Year-end discounts and discounts offered on achieving a target will also be excluded if they could be specifically linked to relevant invoices against which discount has been offered.
Therefore, it is important that the proper disclosure of discount should be made for the exclusion under transaction value. It is advisab

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Return for Tax Deducted at Source(TDS)
10th of the next month
8.
GSTR-8
Annual Return
By 31st December of next FY
Refund
Time limit for making application for refund is two years from the relevant date in prescribed form and manner. In some cases, the refundable amount shall, instead of being credited to the Fund, be paid to the applicant such as in case of export of services etc.
It would be important to note that the persons would need to deal with both, the Centre and State Governments, and therefore there would be duplication of the refund procedures.
However, refund provisions specifically provide for sanction of 90% of refund to exporter of services. This will be a great relief for the industries or sectors, given that refund claims are often not processed for long periods. For balance 10%, prescribed procedure need to be followed.
Refund application has to be disposed by way of a proper order within 60 days from the date of receipt of application (which is complete i

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TRANSITIONAL PROVISIONS-PART-IV

TRANSITIONAL PROVISIONS-PART-IV
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 31-12-2016

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-IV
170. Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations
This is a new provision added in the act aiming to cover such assessees who are engaged in manufacture of both taxable and exempted goods or are providing both taxable and exempted services. This provision reads as follows:
(1) A registered taxable person, who was engaged in the manufacture of non exempted as well as exempted goods under the Central Excise Act, 1944 (1 of 1944) or provision of non-exempted as well as exempted services under Chapter V of Finance Act, 1994 (32 of 1994), shall be entitled to take, in his electronic credit ledger,
(a) the amount of Cenvat credit carried forward in a return furnished under the earlier law by him in terms of section 167; and
(b) the amo

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services and reverse the cenvat credit at particular percentage on value of exempted goods;
3. take the credit on common input or input services and reverse the cenvat credit on proportionate basis.
This provision very well covers the first provision i.e. where the manufacturer or service provider has maintained the separate inventory and has taken the credit only inputs used in manufacture of dutiable goods or provision of taxable services . Hence, he will be allowed to take the credit on stock of inputs of exempted final product or exempted service.
But this provision does not hold good for the second alternative. If a manufacturer or service provider has already taken the credit on common input then credit cannot be allowed to him second time. Moreover, the credit is reversed at the time of removal of exempted final product or provison of exempted service. This mean that the credit is already contained in his balance for the stock of inputs lying with him. Then this provision wil

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is suggested that the credit on stock of inputs for exempted goods should be allowed subject to condition that the credit is not already taken. This provision will solve the problem. The assessee will be allowed to take the credit on stock of those inputs on which credit is not taken by him.
But there are many other situations also where the credit is not taken by the assessee. We have come across a situation where the manufacturer has taken the credit only on inputs exclusively used inputs in dutiable final product but has not taken credit on common inputs for dutiable and final product as well as on inputs exclusively used in exempted final product. Hence, the credit should be allowed in such situation also.
Similarly many exporter manufacturer are claiming drawback and forgoing Cenvat credit. But they intend to take the credit on input stock as they intend to avail the credit under GST regime.
Similar is the situation for textile manufacturers who are exempted from payment of ex

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gst tax rate on cloth/knitted cloth

gst tax rate on cloth/knitted cloth
Query (Issue) Started By: – satbir singh wahi Dated:- 30-12-2016 Last Reply Date:- 3-1-2017 VAT + CST
Got 3 Replies
VAT / Sales Tax
Sir
Kindly clarify whether tax on Cloth /Knitted cloth under GST will be nil/exempted as now under vat.
Reply By Ravi Kumar:
The Reply:
it is proposed to 12% but will be final after passing of it..
Reply By Ganeshan Kalyani:
The Reply:
The schedule of list of goods to tax under GST is yet not made public. Only a

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E Commerce under GST

E Commerce under GST
By: – Abhishek Gupta
Goods and Services Tax – GST
Dated:- 30-12-2016

E Commerce
Recent 5 years bang in e-commerce industry has changed the way of doing business in India. According to industry body Internet and Mobile Association of India (IAMAI) and IMRB, e-commerce industry in India is expected to nearly double to ₹ 2, 11, 005 crore by December, 2016. This industry has shown huge potential of growth in domestic markets of India despite the fact that 100% foreign direct investment is allowed only in B2B commerce and none in B2C model.
Meaning of E-commerce and E-commerce operator
* Electronic commerce, commonly written as e-commerce, is the trading or facilitation of trading in products or services using computer networks, such as the Internet or online social networks. Electronic commerce draws on technologies such as mobile commerce, electronic funds transfer, supply chain management, Internet marketing, online transaction processing,

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companies operating in India are acting as a marketplace, providing services such as marketing, technology support, warehousing and logistic support to the sellers.
* Existing Law:
* Recently, service tax law has introduced the concept of an “aggregator”, whereby the e-commerce company must pay tax on services provided by service providers under the brand name of the e-commerce company. However, the sector strongly opposes the imposition of this levy as they stand on the view that vendor should comply all the provisions related to supply of goods and/or services and that no liability should accrue to e-commerce players.
* View of judiciary in case of VAT on e-commerce: In recent landmark case of Flipkart Internet (P.) Ltd. Versus State of Kerala [2015 (11) TMI 159 – KERALA HIGH COURT] , it was held that assessee who was an online service provider is not liable to pay any VAT liability and file returns as department's view that the situs of the virtual shop can be traced to Keral

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ices which are notified under section 8(4) of this act.
* The amount collected by the operator shall be paid to the account of the appropriate government within 10 days from the end of the month in which such collection is made.
1.5 Filing of Return [Section 56(3)] for operators
* E-commerce companies falling under section 56 will also have to file return(called as statement) and contains the following information:
* Amount of TCS deducted
* Outward supply of goods or services effected through operator
* Return of goods or services through operator
* TCS return has to be filed by the operator within 10 days after the end of each month containing above information.
* Details of goods or services supplied in the statement will be cross-verified with the corresponding details of outward supply of supplier. If details provided are not tallied then same issue will be communicated to both the parties.
* If above problem is not rectified , then the unmatched amount will be a

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TRANSITIONAL PROVISIONS-PART-III

TRANSITIONAL PROVISIONS-PART-III
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 30-12-2016

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-III
169. Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations
This provision intends to enable the taxable person to avail the cenvat of duties and taxes in respect of inputs held in stock subject to certain conditions. The provision reads as follows:
(1) A registered taxable person, who was not liable to be registered under the earlier law, or who was engaged in the manufacture of exempted goods or provision of exempted services, or who was providing works contract service and was availing of the benefit of notification No. 26/2012-Service Tax, dated 20.06.2012 or a first stage dealer or a second stage dealer or a registered importer, shall be entitled to take, in his electronic credit ledger, credit of eligible duties and taxes in respect

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of exempted goods or a person not liable to register under the earlier law. Now this provision has been extended to such persons also who are engaged in provision of exempted services, or who was providing works contract service and was availing of the benefit of notification No. 26/2012-Service Tax, dated 20.06.2012 or a first stage dealer or a second stage dealer or a registered importer. Interestingly, works contract service has been linked with notification no. 26/2012 which is an abatement notification. This notification does not prescribe any abatement for works contract service. It seems that there is a clerical error. There can be two intentions behind the same. First is to allow the credit to works contract only as they are getting credit of input services only in current regime. Hence, the credit of inputs lying in stock should be allowed. Only the notification is wrongly quoted. The second intention could be to allow the credit to those services covered under abatement notif

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icult to adhere to and to prove. This will lead to uncalled litigation as revenue department in each and every case will ask the assessee to prove that the price is reduced.
Another condition no. (v) has been inserted to provide that any supplier of service intending to avail benefit of this provision should not be eligible for any abatement under the new act. But there is no abatement provision in proposed revised GST law. We are failed to understand the meaning of this provision. It may imply that there are going to bring abatements in new law also. It is welcome step but it is again going against the concept of GST of one rate of tax. We are already seeing four rates along with cess as well as separate rate for Gold. The abatements will also add to number of rates in GST.
Apart from this a new proviso has been inserted to this provision to provide that any registered taxable person apart from a manufacturer or a supplier of services, who is not in possession of an invoice or any o

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WHEN DO WE EXPECT GST NOW

WHEN DO WE EXPECT GST NOW
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 30-12-2016

Now that it is almost clear that GST may not catch up the 1st April 2017 date owing to various reasons and the type and size of tax reform it is, one thing is for sure. GST is a certainty and it will come latest by 16th September, 2017. Exact date can not be speculated at this moment. However, 1st July seems to be logical.
GST Council Meetings
The 7th meeting of the GST Council was held for 2 days on 22-23 December, 2016 at New Delhi. The main agenda was to vet / approve the remaining provisions (after section 99) of revised model GST law and IGST law and iron out the differences between Centre and States on dual control of

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tailed clause by clause discussion. The draft Bills for integrated GST and compensation as well as administrative control over businesses are being taken up for discussion today. The next GST Council meeting is likely to be held on January 3-4, 2017.
But, this still does not pave the way for GST w.e.f. April, 2017. MOF will have to clear that Budget would include Central Excise and Service Tax amendments or not. If no, it would indicate that it is still gambling with a half baked GST from April, 2017. If yes, GST would be postponed.
But Government should clear the air at the earliest as Union Budget and State Budgets are also to be firmed up. If GST is being delayed, then there have to be budgetary provisions and changes, tax estimates an

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tive / dual control of Assessees
* Finalization of details of GST rates (being worked upon by Committee of officers)
* Administration of IGST
* Date of 'implementation (April 2017 or beyond)
What next
* All clearances from GSTC
* Legal vetting of legislations and final stamp of GSTC
* Deciding on administrative issues
* Respective legislations to be taken up by Parliament and State Assemblies
* Common date for enforcement of GST in India
The next (8th) meeting of GSTC shall be held on 3-4 January, 2017.
With still so much is left to be done by GSTC and after that by law framers (Parliament and State Assembles), it looks like a virtual impossibility to have GST from April, 2016. If it is being claimed so, we are bec

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GST update on credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations

GST update on credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 29-12-2016

GST DAILY DOSE OF UPDATION
TRANSITIONAL PROVISIONS-PART-III
169. Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations
This provision intends to enable the taxable person to avail the cenvat of duties and taxes in respect of inputs held in stock subject to certain conditions. The provision reads as follows:
(1) A registered taxable person, who was not liable to be registered under the earlier law, or who was engaged in the manufacture of exempted goods or provision of exempted services, or who was providing works contract service and was availing of the benefit of notification No. 26/2012-Service Tax, dated 20.06.2012 or a first stage dealer or a second stage dealer or a registered importer, shall be entitled to take, in his elec

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as only extended to registered taxable person engaged in manufacture of exempted goods or a person not liable to register under the earlier law. Now this provision has been extended to such persons also who are engaged in provision of exempted services, or who was providing works contract service and was availing of the benefit of notification No. 26/2012-Service Tax, dated 20.06.2012 or a first stage dealer or a second stage dealer or a registered importer. Interestingly, works contract service has been linked with notification no. 26/2012 which is an abatement notification. This notification does not prescribe any abatement for works contract service. It seems that there is a clerical error. There can be two intentions behind the same. First is to allow the credit to works contract only as they are getting credit of input services only in current regime. Hence, the credit of inputs lying in stock should be allowed. Only the notification is wrongly quoted. The second intention could b

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ices and not the credit allowed. Hence, this condition may prove difficult to adhere to and to prove. This will lead to uncalled litigation as revenue department in each and every case will ask the assessee to prove that the price is reduced.
Another condition no. (v) has been inserted to provide that any supplier of service intending to avail benefit of this provision should not be eligible for any abatement under the new act. But there is no abatement provision in proposed revised GST law. We are failed to understand the meaning of this provision. It may imply that there are going to bring abatements in new law also. It is welcome step but it is again going against the concept of GST of one rate of tax. We are already seeing four rates along with cess as well as separate rate for Gold. The abatements will also add to number of rates in GST.
Apart from this a new proviso has been inserted to this provision to provide that any registered taxable person apart from a manufacturer or a

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Time of Supply – change in Rate of Tax

Time of Supply – change in Rate of Tax
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 29-12-2016

Introduction
The provisions relatd to identification of time of supply of goods and services takes into consideration three things or situations :-
*
Completion of provision of supply of goods or services
*
Issue of invoice
*
Payment of value of Invoice
The legal provisions related to determination of time of supply of goods or services when there is change in rat of tax is stated in Section 14 of the revised Model GST Act which reads as under :-
14. Change in rate of tax in respect of supply of goods or services
Notwithstanding anything contained in section 12 or section 13, the time of supply, in cases where there is a change in the rate of tax in respect of goods or services, shall be determined in the following manner, namely:-
(a) in case the goods or services have been supplied before the change in rate of tax –
(i) where the invoice

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, the time of supply shall be the date of receipt of payment or date of issue of invoice, whichever is earlier; or
(iii) where the invoice has been issued after the change in rate of tax but the payment is received before the change in rate of tax, the time of supply shall be the date of issue of invoice:
PROVIDED that the date of receipt of payment shall be the date of credit in the bank account when such credit in the bank account is after four working days from the date of change in the rate of tax.
Explanation.- For the purpose of this section, “the date of receipt of payment” shall be the date on which the payment is entered in the books of accounts of the supplier or the date on which the payment is credited to his bank account, whichever is earlier:
Anaysis of the Provision
This section contains a peculiar situation when there is change in rate of tax. This section is gooing to play on the situiations when the certain supply is in process due either due to completion of sup

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tive application of this provision:-
(1) The date of receipt of payment shall be the date on which the payment is entered in the books of accounts of the supplier or the date on which the payment is credited to his bank account, whichever is earlier.
(2) The date of receipt of payment shall be the date of credit in the bank account when such credit in the bank account is after four working days from the date of change in the rate of tax.
Conclusion
The proposed provisions in respect to change in rate of tax are well tested and workable provsions that had taken a period of almost four years to settle down. The governmnet in its irge to ensure smoother implementation of GST in India has followed the said provisions in verbatim in the proposed GST regime. However, a point to ponder is that the said provision was earlier for provision of services only and not it is extended to provsion of goods. Only the time will tell how it is going to affect the supply of goods when there is change

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Transitional provisions related to credit under GST

Transitional provisions related to credit under GST
By: – Abhishek Gupta
Goods and Services Tax – GST
Dated:- 29-12-2016

Transitional Provisions for CENVAT Credit under GST
Need for Transitional Provisions
To facilitate the implementation of any new law or amendment in old law, role of transitional provisions comes into play. As India in gearing up for one of the biggest tax reform of its country, it is very important to read, analyze and assess the impact of GST Law and in amid these discussions of GST, transitional provision plays a very critical role for smooth migration to GST.
Implementation of GST from 1st April, 2017 seems to be a challenging task. Finance Minister Shri Arun Jaitley after meetings with GST council has shared his concerns on the deadline of GST but he is trying his best for GST rollout. On Goods and Service tax council's 7th meeting, Shri Arun Jaitley said that “the drafts of Central GST and the compensation law have been mostly approved with t

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004.
Balance of CENVAT Credit carried forward in the return will become opening balance of input tax credit in electronic credit ledger. This balance of CENVAT credit will be known as CGST (central goods & service tax).
What is electronic credit leger in GST?
All the input taxes under various major heads i.e. CGST, SGST and IGST shall be credited to an electronic ledger. Any availment of input tax credit will be credited in the ledger and any utilization, refund, reversals will be debited in the ledger.
Section 2(43) of Model GST Law, “electronic credit ledger” means the electronic credit ledger referred to in section 44(2).
As per section 44(2) self-assessed input tax credit shown in the return will be credited in a ledger which will be called as electronic credit ledger.
GST will subsume VAT and entry tax in itself, therefore, closing balance of VAT and entry tax carried forward in a return shall be entitled for input tax credit. This balance of Vat or entry tax will be known

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AT Credit in his electronic credit ledger. The expression “un-availed CENVAT Credit” means the amount that remains after subtracting the amount of CENVAT credit already availed in respect of capital goods by the taxable person under the earlier law from the aggregate amount of CENVAT credit to which the said person was entitled in respect of the said capital goods under the earlier law.
A registered taxable person is not allowed to avail credit under this section unless CENVAT Credit was admissible to him under the earlier law and GST as well.
It is very important to recap here that time limitation of availing credit from 1 year from date of invoice is applicable only on inputs or input services and not on capital goods.
Similarly a registered taxable person can take in his electronic credit ledger, the un-availed input tax credit(levied under state VAT laws) in respect of capital goods, which is not carried forward by such taxable person in his return filed for the period immediate

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cility has been now extended to them also by virtue of section 169 of revised model GST law.
Similarly, in case of VAT or entry tax, a person who has not liable to be registered under the respective VAT laws or who was engaged in the sale of exempted goods under the earlier law but liable to pay tax under this act can also take input tax credit in electronic credit ledger.
Credit of eligible duties and taxes in respect of inputs held in stock to be allowed in certain situations
A registered taxable person who was engaged in manufacture of non-exempted as well as exempted goods or provision of non-exempted as well as exempted services shall be entitled to take in ledger credit carried forward in return and credit of inputs held in stock relating to exempted goods or services.
Credit of duties and taxes in respect of input and input services in respect of goods in transit
It may be happen that the goods may have been dispatched before the appointed day, on payment of appropriate e

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electronic credit ledger of inputs held in stock subject to following conditions:-
* The inputs or goods should be used for making taxable outward supply under the GST
* Assessee should not be working under composition scheme
* Taxable person is eligible for availing input tax credit on such inputs
* Taxable person is in possession of supporting documents
* Such documents were not issued earlier than 12 months immediately preceding the appointed day
Illustration:
X ltd. registered in Delhi is manufacturing medical equipment's on which 10% excise duty is applicable and is providing health care services which is exempted by notification number 25/2012. Also, Delhi vat @5% is payable on sale of medical equipment's. No composition scheme is opted by X ltd under earlier law as well as under GST law. X ltd. is also engaged in inter-state sale of goods attracting CST@2% and paying Octroi (entry tax) on receipt of goods in Delhi.
In 2016-17, the following data is available:
Clo

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pment's (amount of sale) ₹ 20, 00, 000
Supply of health care services ₹ 10, 00, 000
Out of above supplies, X ltd. made inter-state supply of value ₹ 5, 00, 000
Rate of CGST, SGT and IGST are 9%, 9% and 18% respectively.-
Suggest tax compliances as GST will roll-out on 1st April, 2017 considering an assumption that supplies of goods or services made by X ltd. will be taxable under GST.
Solution:
As per section 167 of Model GST Law:
Closing balance carried forward in return will become input tax credit under GST
Input tax credit as per section 167 will be:
Particulars
Amount
Remarks
Capital Goods
1,00,000
It can be claimed as ITC in electronic credit ledger at any period of time. No time limitation is given
Inputs
25,000
Input Services
19,000
Total-CGST
1,44,000
It can be claimed as ITC in electronic credit ledger within 90 days from the appointed day
VAT
10,000
Entry tax
12,000
Total-SGST
22,000
Refund of CST as per earlier law is allowe

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Debit & credit notes under GST

Debit & credit notes under GST
By: – Jayant Panchbhai
Goods and Services Tax – GST
Dated:- 29-12-2016

Section 31 of proposed GST Act states that credit or debit notes will be raised by the supplier who has supplied such goods and / or services. Thus in case where Vendor – supplier – has supplied material & debit note is raised by recipient for short supply or rejection where such debit note raised has to be reflected in monthly returns. This cannot be reflected in GSTR 1 under details of credit / debit notes as what is to be reflected under this section is debit/credit notes only if issued as supplier.
Neither this can be reflected in GSTR 2 under details of credit/debit notes as this is an auto populated section based on G

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Preview of Return and Payment Modules GST

Preview of Return and Payment Modules GST
GST
Dated:- 28-12-2016

Upload PDF
 
=============
Document 1GN
1
15553900
as
LL84201
CSA
Preview of
Return and
Payment
Modules
BLE
1
Objective of Preview & Mechanism of obtaining feedback
Dear Taxpayer / Tax Professional,
GIN
1. After successful launch of GST Portal (gst.gov.in) on 8th Nov 2016 the enrolment process of
existing taxpayers was started on the same day. GSTN has created prototype for various
return forms, payment challan etc. A preview of the same is being shared through this pdf
document with following purpose:
To give an idea about look and feel of 'Return' & 'Payment' Modules and the flows
there-in.
To seek your feedback / comments on the Prototype to improve it further and see if any
aspect has been left out.
2. Kindly send your comments / suggestions on prototype-feedback@gst.gov.in in next 15
days. Your feedback will help us make the GST Portal more user friendly and informative.
While sending your commen

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tal Taxable Amount
* 4,60,000
Total Invoices
Total Taxable Amount
3
* 4,50,000
Received Show cause notice for
cancellation of Registration from
Commissioner, Bangalore
Total Mismatched Credit
12,000
Output Tax Liability to be Added
3,400
3
View Profile on Dashboard
Goods and Services Tax
Dashboard Services â–¼ Notifications & Circulars
Acts & Rules â–¾ Downloads
* GANESH HARVEST
SOLUTIONS *
GSTIN
Profile
Ganesh Harvest Solutions
29APPCK7465F1Z1
29APPCK7465F1Z1
State Jurisdiction
VAT03 Bangalore, Karnataka
Place of Business
Contacts
GIN
A+ A-
Ganesh Harvest Solutions
Other Business
Legal Name of Business
Ganesh Harvest Solutions
Date of Registration
10/08/2016
Center Jurisdiction
Range SN1012
Constitution of Business
Private Limited Company
Taxpayer Type
Normal
Nature of Business Activity
Quick Links
Retailer
GSTIN Status
Active
Compliance Rating
ÃŽÃŽâ۬
History of Amendment
Update Profile
Change Password
Register/Update DSC
Update Business Logo
Shows complete
profile of the
B

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)
CGST SGST
11AAKCO9087P1Z1 Ola Limited
1,00,000 1,10,000 22,000


22,000
21/06/2016
13139
07AKPCA3029Q1Z3
Accenture India
Limited
22/06/2016 13103
2,00,000 2,05,000 41,000
29ALPCB2019L2Z4 Bharati Airtel Limited
24/06/2016 72189
1,50,000 1,52,000
41,000
Q
Output tax liable to be
added on Account of
Mismatch (*)
2,000
1,000
a
15,200 15,200
30,400
400
5
UT
Dashboard: File Returns
सत्यमà¥â€¡Ã Â¤Âµ à¤Å“यतà¥â€¡
Goods and Services Tax
Services
Notifications & Circulars
Acts & Rules
Downloads
Dashboard
Dashboard > Returns
File Returns
Financial Yearâš«
2016-2017
Return Filing Period
Jan
Outward supplies made by the taxpayer
Inward supplies received by taxpayer
(GSTR 1)
(GSTR 2)
Due Date 15/05/2016
UPLOAD
PREPARE ONLINE
UPLOAD
Due Date 10/05/2016
PREPARE ONLINE
TDS Return
(GSTR 7)
Due Date 10/05/2016
PREPARE ONLINE
UPLOAD
SEARCH
GIN
A+ A-
Ganesh Harvest Solutions â–¾
Through Returns
Dashboard you can
see the summary of
Returns as well as
prepar

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eceiver Mismatch Reports
Download >
Supplier Mismatch Reports
Download >
Total Invoices
Total Taxable Amount
3
4,60,000
Total Invoices
Total Taxable Amount
3
4,50,000
Total Mismatched Credit
12,000
Output Tax Liability to be Added
3.400
7
Return Filing
8
GSTR – 1
Goods and Services Tax
Dashboard
Services
Notifications & Circulars
Acts & Rules â–¼
Downloads
Dashboard > Returns > GSTR-1
the
GSTR-1 – Outward Supplies made by the Taxpayer
GSTIN-29ADECS9084R5Z4
FY-2016-17
Business Name – Stark Pvt Ltd.
Return Period – April
Gross Turnover of the taxpayer in the previous financial year
GSTR-1 – Invoice Details
B2B Invoices
Section 5
Pending for Action 0
€45,01,660
Invoice Value
Status – Pending
2,00,000.00
SAVE
11
Amended B2B Invoices
Section 5A
GIN
Ganesh Harvest Solutions
This section shows
Summary
of
various tables of
GSTR-1.
Due Date – 10/05/2016
Total Tax Liability
B2C (Large) Invoices
Section 6
Pending for Action 0
Pending for Action NA
37,51,383
*7,50,277
€2,42,810
ââ

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0
Tax Liability
6
Amended B2C (Small) Details
Section 7A
1
Pending for Action NA
*54,03,800
Taxable Value
Tax Liability (Advance Payment)
3
Amended Tax Liability
Section 11
(Advance Payment)
Section 11A
Pending for Action NA
*1,60,000
Pending for Action NA
*52,080
Amount of Tax to be Paid on Advance
Supplies paid through e-commerce
portals of other companies
6
Section 13
Pending for Action NA
€15,05,000
Gross Value Of Supplies
*10,80,760
Tax Liability
Amount of Tax to be Paid on Advance
HSN / SAC summary of outward supplies
Section 14
Pending for Action NA
*6,43,63,198
Taxable Value
*1,28,72,640
Tax Liability
Nil Rated Supplies
Section 9
Pending for Action NA
€9,26,480
Invoice Value
GIN
1
Tax already paid on invoices issued in
2
the current period
Section 12
Pending for Action NA
*1,08,957
Advance Tax Paid
BACK
PREVIEW
FILE GSTR-1
DSC
EVC
E SIGN
10
GSTR 1: B2B Invoices
Goods and Services Tax
Dashboard Services â–¾ Notifications & Circulars â–¼
Acts & Rules â–¾
D

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š«
Intra-State
Supply attract Reverse Charge
No
GIN
A+ A-
|
Ganesh Harvest Solutions â–¾
This section helps
English
to add
the
you
Invoices.
Invoice No.âš«
Total Taxable Value (*) •
% Reverse Charge
POS (Only if different from location of recipient)
Tax on this Invoice is paid under provisional assessment
None
Item Details
ADD ITEM
G = GOODS AND S = SERVICES
Sr.
No.
Category
HSN/SAC
Taxable Value (*)
IGST
CGST
SGST
Action
Rate
Amount (*)
Rate
Amount (*)
Rate
Amount (*)
(%)
(%)
(%)
1.
G â–¼
BACK
SAVE
12
GSTR 1: B2B- Add Invoice
Goods and Services Tax
Dashboard
Services
Notifications & Circulars
Acts & Rules
Downloads
Dashboard > Returns > GSTR-1
B2B- Add Invoice
Invoice saved successfully.
Receiver GSTIN/UIDâš«
Invoice Dateâš«
Total Invoice Value (*)*
POS (Only if different from location of recipient)
None
Item Details
Receiver Nameâš«
Supply Typeâš«
Intra-State
Supply attract Reverse Charge
No
GIN
• Ganesh Harvest Solutions
This section helps you to

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nvoice No.âš«
Enter Invoice No
Receiver Details
Total Invoice
Value (*) â–¼
Total Taxable
Value (*) â–¼
1151
13/02/2016
1151
13/02/2016
Manuj Industries Ltd.
28AAACM1090A1Z1
2,42,810.00
2,02,342.00
AMEND INVOICE
IGST CGST (3) SGST (Rs.) Actions
(3) â–¼
10,117.00 10,117.00
1-1 of 1
BACK
14
GSTR 1: Amend Invoice
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars â–¼
Acts & Rules â–¾
Downloads
Dashboard > Returns > GSTR-1
Amended B2B – Amend Invoice
Receiver GSTIN/UID
28AAACA1090A1Z1
Original Invoice Date
13/01/2016
Supply Typeâš«
Intra-State
Supply attract Reverse Charge❤
No
Receiver Name
Manuj Industries Ltd.
Revised/Original Invoice No.
Total Taxable Value (*)
% Reverse Charge
Tax on this Invoice is paid under provisional assessment
Item Details
GIN
Ganesh Harvest Solutions
This section helps you to
do amendments to details
of Outward Supplies to a
registered person of
earlier tax periods.
Original Invoice No.
1100
Revised/Origin

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s Ltd.
2,50,100.00
2,08,417.00 41,684.00
1219
21/04/2016
PB
Singhania Overseas (P)
Ltd
4,55,000.00
3,79,167.00 75,834.00
Masheshwari Enterprises
1220
30/04/2016
WB
2,94,600.00
2,45,500.00 49,100.00
E
Ltd.
1-3 of 3 <>
BACK
ADD INVOICE
16
GSTR 1: B2C (Large)-Add Invoice
Goods and Services Tax
Dashboard
Services
Notifications & Circulars
Acts & Rules
Dashboard > Returns > GSTR-1
B2C(Large) Invoices- Add Invoice
Recipient's State Codeâš«
None
Invoice Date
Recipient's Name/GDIâš«
Supply Typeâš«
Inter-State
POS (Only if different from location of recipient)
Total Invoice Value (*)*
None
Tax on this Invoice is paid under provisional assessment
Item Details
GIN
Downloads
This section helps you to add
the Invoices of Taxable outward
Inter-State supplies and where
invoice value is more than 2.5
Lacs and Invoices issued
against Advance received in
earlier periods.
Vest Solutions â–¾
sh
Invoice No.
Total Taxable Value (*)
ADD ITEM
G = GOODS AND S = SERVICES
Sr.
No.
Category
HSN/SAC
Ta

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1 of 13
BACK
18
GSTR 1: Amended B2C (Large)-Amend Invoice
Goods and Services Tax
Dashboard
Services
Notifications & Circulars â–¼
Acts & Rules
Downloads
Dashboard > Returns > GSTR-1
Amended B2C(Large) – Amend Invoice
Original Invoice No.
0900
Original Invoice Date.
19/01/2016
GIN
This section helps you to amend
the Invoices of Taxable outward
Inter-State supplies and where
invoice value is more than 2.5
Lacs and Invoices issued
against Advance received in
earlier periods.
Recipient's State Codeâš«
Select
lutions â–¾
Name of the recipient/ GDIâš«
Supply Typeâš«
Select
Total Invoice Value (*)*
58,07,600.00
Item Details
Revised/Original Invoice No.âš«
Total Taxable Value (*)
58,07,600.00
Revised/Original Invoice Dateâš«
POS (Only if different from location of recipient)
Select
Tax on this Invoice is paid under provisional assessment
Sr.
No.
Category
HSN/SAC
Taxable Value
IGST
(3)
Rate (%)
Amount (*)
Rate (%)
1. Select
ADD ITEM
G = GOODS AND S = SERVICES
CGST
SGST
A

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TIN/UID/GDI/Nameâš«
GIN
ÃŽâ۬' ÃŽâ۬'
Ganesh Harvest Solutions
This section helps you
to add Credit/Debit
Notes.
English
X
Debit/Credit Note No. âš«
Debit/Credit Note Dateâš«
Reason For Issuing Note
Total Differential Valueâš«
Note Typeâš«
Select
Select
Supply Typeâš«
Select
Item Details
Sr.
No.
No.
1.
Original Invoice
Date
Differential
Value
ADD ITEM
IGST
CGST
SGST
Action
Rate (%)
Amount (*)
Rate (%)
Amount (*)
Rate (%)
Amount (*)
BACK
SAVE
21
GSTR 1:Amended Credit/Debit Notes
Goods and Services Tax
Dashboard
Services ▼ Notifications & Circulars ▾ Acts & Rules ▼▾ Downloads
Dashboard > Returns > GSTR-1
Amended Credit/Debit Notes – Summary
Uploaded by Taxpayer
Uploaded by Receiver
Modified by Receiver
Financial Year
2015-16
Q
Search Keywords
â–¼
Month
GIN
A+ A-
Ganesh Harvest Solutions â–¾
This section helps you
to amend Credit/Debit
Notes.
Credit/Debit Note No.âš«
January
à¼â€¹
Enter Credit/Debit Note No.
AMEND NOTE
Original Credit

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T
Action
No.
Date
Rate (%)
Amount (*)
Rate (%)
Amount (*)
Rate (%)
Amount (*)
1.
0099
12/01/2016
BACK
SAVE
23
GSTR 1: Exports Summary
Goods and Services Tax
Dashboard
Services â–¾ Notifications & Circulars â–¾
Acts & Rules â–¾ Downloads â–¼
Dashboard > Returns > GSTR-1
Exports- Summary
Uploaded by Taxpayer
Q
Search Keywords
GIN
A+ A-
Ganesh Harvest Solutions
This section shows the
Summary of Exports
uploaded.
English
Invoice
No.
Invoice
Date.
Shipping Bill
No.
Shipping Bill
Date
GST
Payment
Total Invoice Value
(Rs.)
Total Taxable Value IGST CGST()
(Rs.)
SGST (*) Actions
(Rs.)
1221
03/04/2016 NYC45363293
06/04/2016
Without
9,00,000.00
7,50,000.00
0901
04/04/2016 NYC45363293
06/04/2016
Without
8,02,090.00
6,68,408.00
1222
04/04/2016 BEL768549480
09/04/2016
With
4,52,090.00
3,76,742.00
37,674.00 37,674.00
1-3 of 3 <>
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24
GSTR 1: Exports – Add Invoice
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars
Acts & Rules â–¾
Downloads
D

= = = = = = = =

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

= = = = = = = =

ND INVOICE
English
Original Original
Invoice Invoice
No.
Date
Revised/Original
Invoice No.
Revised/Original
Invoice Date.
Shipping Bill
No.
Shipping
Bill Date
GST
Payment
Total
Invoice
Value (*)
Total
Taxable
Value (*)
IGST (*)
CGST SGST Act
(Rs.)
(Rs.)
1111
03/02/2016
4444
03/04/2016
NYC45363293 16/04/2016
With
6,50,000.00 5,41,667.00 1,08,333.00
1-1 of 1
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26
GSTR 1: Amend Exports Invoices
Goods and Services Tax
Dashboard
Services
Notifications & Circulars â–¼
Acts & Rules
Downloads
Dashboard > Returns > GSTR-1
Amended Exports – Amend Export Invoice
Original Invoice No
1111
Revised/Original Invoice Dateâš«
Supply Typeâš«
Select
GST Paymentâš«
Select
Item Details
Original Invoice Date
03/02/2016
Shipping Bill No.âš«
Total Taxable Value (*)
5,41,667.00
A+ A- |
GIN
Ganesh Harvest Solutions ✓
This section helps you
to amend the Export
Invoices details.
Revised/Original Invoice Noâš«
Shipping Bill Dateâš«
Total Invoice Value (*)
•
Tax on this Invoice

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

4,98,500.00
99,700.00
G
96020020
HR
7,56,500.00
1,51,300.00
1-6 of 13 Returns > GSTR-1
to add details of Taxable
outward supplies.
B2C(Small) – Add Details
Supply Typeâš«
Select
Total Taxable Value (*)•
Tax on this Invoice is paid under provisional assessment
Item Details
ADD ITEM
G = GOODS AND S = SERVICES
Sr.
No.
Category
HSN/SAC
State Code
(Place of
Supply)
Aggregate
Taxable
Value (*)
IGST
CGST
SGST
Action
Rate (%)
Amount (*)
Rate (%)
Amount (3)
Rate (%)
Amount (*)
1.
Select
à¼â€¹
Select
2.
Select
à¼â€¹
Select à¼â€¹
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E
29
English
GSTR 1: Amended B2C(Small) Details – Summary
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars
Acts & Rules
Downloads
Dashboard > Returns > GSTR-1
Amended B2C(Small) Details – Summary
Uploaded by Taxpayer
Financial Year
2015-16
Original HSN/SAC
Q
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SIN
Ganesh Harvest Solutions â–¾
This section helps you to
amend the details of
Taxable outward supplies.
Month
Original State Code
Januar

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

ategory
HSN/SAC
Aggregate
Taxable
Value (*)
IGST
CGST
SGST
Rate (%)
Amount ()
Rate (%)
Amount (*)
Rate (%)
Amou
January
G à¼â€¹
23069
Select à¼â€¹
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31
GSTR 1: Nil Rates Supplies
Goods and Services Tax
Dashboard
Services
Notifications & Circulars
Acts & Rules â–¾
Downloads
Dashboard > Returns > GSTR-1
Nil Rated Supplies
Item Details
Goods
Interstate supplies to registered person
Intrastate supplies to registered person
Interstate supplies to consumer
Intrastate supplies to consumer
Services
Interstate supplies to registered person
Intrastate supplies to registered person
Interstate supplies to consumer
Intra state supplies to Consumer
A+ A-
GIN
• Ganesh Harvest Solutions â–¾
This section shows you
the Nil rated, Exempted
and Non GST outward
Supplies.
Nil Rated Amount (*)
Exempted Amount (*)
Non-GST Supplies Amount (*)
2,37,880.00
50,000.00
1,00,000.00
1,00,500.00
5,000.00
50,100.00
Nil Rated Amount (*)
Exempted Amount (*)
Non-GST Supplies Amount (*)
3,45,000.0

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

€“¾
Downloads
Dashboard > Returns > GSTR-1
Tax Liability – Add Details
Customer GSTIN/UID/Name
Amount of advance received/Value of Supply
provided without raising a bill (*)•
Item Details
Customer State Code âš«
Select
Dateâš«
A+ A-
GIN
Ganesh Harvest Solutions â–¾
This section helps you to
add details of Tax liability
arising on account of
Time of Supply without
issuance of invoice in
the same period.
Supply Type
Select
Document No.âš«
English
ADD ITEM
G = GOODS AND S = SERVICES
Sr.
No.
Category
HSN/SAC of
Supply
Amount of
Advance Received
IGST
CGST
SGST
Action
(Rs.)
Rate (%)
Amount (*)
Rate (%)
Amount (*)
Rate (%)
Amount (*)
1.
Select
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34
GSTR 1: Amended Tax Liability – Summary
Goods and Services Tax
सत्यमà¥â€¡Ã Â¤Âµ à¤Å“यतà¥â€¡
Dashboard
Services â–¾ Notifications & Circulars
Acts & Rules
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Dashboard > Returns > GSTR-1
Amended Tax Liability – Summary
Uploaded by Taxpayer
Q
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GIN
Gan

= = = = = = = =

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= = = = = = = =

aharashtra)
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X
36
Tax already paid on invoices issued in the current period – Summary
Goods and Services Tax
GIN
A+ A-
Ganesh Harvest Solutions
Dashboard Services â–¾ Notifications & Circulars
Acts & Rules â–¼ Downloads
Dashboard > Returns > GSTR-1
Tax already paid on invoices issued in the current period – Summary
This section shows you to
Summary of Tax already
paid (on advance receipt /
on account of time of
supply) on invoices issued
in the current period.
English
Q
Search Keywords
Invoice No.
Transaction ID
Supply Type
TAX Paid on receipt of advance/on account of time of supply
IGST
CGST
SGST
Rate (%)
Amount (*)
Rate (%)
Amount (*)
Rate (%)
Amount (*)
1204
4354545
Intra-State
10
54,478.00
10
54,478.00
1209
3214343
Inter-State
10
54,478.00
Actions
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37
Tax already paid on invoices issued in the current period – Add
Goods and Services Tax
Dashboard Services â–¾ Notifications & Circulars
Acts & Rules
Downloads
Dashboard > Returns >

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

upply Typeâ–¾
Inter-State
Intra-State
BACK
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English
39
Supplies made through e-commerce portals of other
companies – Inter State
Goods and Services Tax
GIN
A+ A-
Ganesh Harvest Solutions
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Services â–¾ Notifications & Circulars â–¾
Acts & Rules
Downloads
This section shows you
the summary of supplies
made through
commerce portals of other
e-
English
Dashboard > Returns > GSTR-1
Supplies made through e-commerce portals of other companies (Inter-State) – Summary companies (Inter – State).
Uploaded by Taxpayer
Q
Search Keywords
Sr. No. GSTIN of e-commerce
portal â–¾
Merchant ID allocated by e-commerce Total Invoice Value
portal â–¾
(3)â–¼
Total Taxable Value IGST (3)
(Rs.)
CGST
SGST
Actions
(Rs.)
(3)
1
07ABCCD234514Z7
34211
2,00,000.00
1,66,667.00 33,333.00
2
07ABCCD234514Z8
34212
1,25,000.00
1,04,167.00 20,833.00

3
07ABCCD234514Y9
34213
1,75,000.00
1,45,833.00 29,167.00
=
1-3 of 13
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40
Supplies made through e-commerce portals of ot

= = = = = = = =

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

= = = = = = = =

+ A-
Ganesh Harvest Solutions
Dashboard Services â–¾ Notifications & Circulars â–¾
Acts & Rules
Downloads
Dashboard > Returns > GSTR-1
This section shows you
the summary of supplies
made through
commerce portals of other
e-
English
Supplies made through e-commerce portals of other companies (Intra-State) – Summary companies (Intra – State).
Q
Search Keywords
Sr.
No.â–¾
GSTIN of e-commerce
portal â–¾
Merchant ID allocated by e-
commerce portal
Total Invoice Value
(3)
Total Taxable Value
(Rs.)
IGST
(3)
CGST (*) SGST (*)
Actions
1
29DEVCD234514Z7
23170
4,02,000.00
3,35,000.00
33,500.00 33,500.00
2
29DEVCD234514Z8
23171
2,01,000.00
1,67,500.00
16,750.00 16,750.00
3
29DEVCD234514Y9
23172
4,02,000.00
3,35,000.00
33,500.00 33,500.00
1-3 of 13 <>
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42
Supplies made through e-commerce portals of other
companies – Intra State
Goods and Services Tax
GIN
Ganesh Harvest Solutions â–¾
Dashboard
Services
Notifications & Circulars
Acts & Rules
Downloads
Dashboard > R

= = = = = = = =

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

= = = = = = = =

s Accounting
Code (SAC) summary of
outward supplies.
Ganesh Harvest Solutions â–¾
English
= GOODS AND S = SERVICES
Category
Description
HSN Code UQC â–¾
Quantity â–¼
Taxable Value (*)
IGST (*)

CGST()
SGST ()â–¼
Action
G
Spades and shovels
82011000
Piece
543
95,33,320.00
19,06,664.00
G
Spades and shovels
82011000
Piece
235
1,30,00,500.00
G
Fish meal in powdered form
23099032
KG
159
75,40,988.00

13,00,050.00 13,00,050.00
7,54,099.00 7,54,099.00
S
S
Telephone Services
00440003
13,24,321.00 2,64,864.00
General Insurance Business
00440005
14,23,910.00 2,84,782.00
G
Mustard seeds, solvent extracted
23069021
KG
520.5
34,34,240.00 6,86,848.00
G
Mustard seeds, solvent extracted
23069021
KG
100
84,24,243.00 16,84,849.00
G
Mustard seeds, solvent extracted
23069021
KG
150
45,43,210.00
4,54,321.00
4,54,321.00
G
Mustard seeds, solvent extracted
23069021
KG
234
43,90,870.00
4,39,087.00 4,39,087.00
G
Mustard seeds, solvent extracted
23069025
KG
90
24,32,310.00 4,86,462.00
G
Bangles

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

0,00,50
10
25,00,050.
10
25,00,050.
BACK
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45
GSTR – 2
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars â–¼
Acts & Rules
Downloads
Dashboard > Returns > GSTR-2
GSTR-2 – Inward Supplies received by the Taxpayer
GSTIN
28AAACM1090A1Z1
FY 2016-17
Gross Turnover 2,00,000.00
GSTR-2 – Invoice Details
B2B Invoices
Section 4
Business Name â—† Manuj Industries Ltd.
Return Period �April
Status Pending
SAVE
A
This section shows the
Invoice details for Inward
Supplies received by the
Taxpayer under various
heads of GSTR-2.
GIN
Ganesh Harvest Solutions â–¾
Due Date 15/05/2016
âÅһ English
6
Amended B2B Invoices
Section 4A
2
Import Of Goods/Capital Goods
Section 5
2
Pending for Action 5
Pending for Action 1
Pending for Action NA
*21,97,404
*4,39,480.80
*3,99,218
*7,04,432
Total Taxable
Value
Tax Paid
ITC Availed
Total Taxable
Value
1,24,150
Tax Paid
€1,24,150
*29,16,925
*5,83,385
€4,85,470
ITC Availed
Total Taxable
Value
Tax Paid
ITC Avai

= = = = = = = =

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

= = = = = = = =

€1,78,130
Differential tax
ITC Availed
Tax Credit Received
5
TDS Credit Recieved
Section 10(1)
Pending for Action NA
11,800
TDS Received
GIN
2
5
TCS Credit Recieved
Section 10(2)
3
6
Tax Liability Under Reverse Charge
Section 12
2
Pending for Action NA
€3,01,410
Total Taxable
Value
6
ITC Reversal
Section 14
€60.282
Tax Paid
Pending for Action NA
€1,52,000
Total ITC Reversed
3
Pending for Action NA
€43,439
TCS Received
Amended Tax Liability Under
Reverse Charge
Section 12A
Pending for Action NA
3,36,000
Total Taxable
Value
€67,200
Tax Paid
HSN/SAC Summary Of Inward Supplies
Section 15
Pending for Action NA
€3,13,10,853
€62,55,684
Total Taxable
Tax Paid
Value
BACK
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FILE GSTR-2
1
DSC
EVC
E SIGN
47
GSTR 2: B2B Invoices – Supplier Details
Goods and Services Tax
GIN
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Dashboard Services â–¾ Notifications & Circulars Acts & Rules Downloads
Dashboard Returns > GSTR-2
This section shows
the
registered
suppli

= = = = = = = =

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

= = = = = = = =

mitted
6/4/2016
29ADECS9084R5Z4 (STARK PVT LTD.)
1201
98,138.00
2,35,530.00 Submitted
18/4/2016
29ADECS9084R5Z4 (STARK PVT LTD.)
1202
2,67,558.00
3,21,070.00 Submitted
21/4/2016
29ADECS9084R5Z4 (STARK PVT LTD.)
1203
1,70,394.00
6,13,420.00 Submitted
28/4/2016
29ADECS9084R5Z4 (STARK PVT LTD.)
1204
5,44,783.00
6,53,740.00 Submitted
1-5 of 13
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REJECT
ACCEPT
49
GSTR 2: B2B Invoices – Edit
Goods and Services Tax
GIN
A+ A-
Ganesh Harvest Solutions
This section helps
Dashboard
Services
Notifications & Circulars
Acts & Rules
Downloads
Dashboard > Returns > GSTR-2
you
B2B Invoice – Edit
Supplier GSTINâš«
29ADECS9084R5Z4
Supplier Name
STARK PVT LTD.
Invoice Date •
04/04/2016
Total taxable Value (*)
2,85,067.00
Supply Type
Intra-State
ITC Available this month (*)
57,014.00
Item Details
Supply Attract Reverse Charge
No
POS (only if different from location of recipient)
ÃŽšÃŽâ۬
to
edit
Invoices of the
registered supplier.
Invoice No âš«
1200
Total Invoice Value (*)
3,42,08

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

NG
REJECT
ACCEPT
51
GSTR 2: Amended B2B Invoices – Taxpayer Details
Goods and Services Tax
A+ A-
GIN
Ganesh Harvest Solutions
Dashboard
Services
Notifications & Circulars
Acts & Rules â–¾ Downloads
This section shows
Dashboard > Returns > GSTR-2
Amended B2B Invoices – Summary
you the Amended
Invoices uploaded
by Taxpayer.
Uploaded by Supplier Uploaded by Taxpayer
Modified by Supplier
Financial Year
2015-16
Q
Search Keywords
Month
January
Enter Invoice No.
Enter Invoice No
AMEND INVOICE
Dateâ–¾
Supplier Details
Invoice Noâ–¾
Total Taxable value (*) â–¼
Total Invoice Value (*) â–¼
Actions
21/01/2016
29ADECS9084R5Z4
1191
4,18,408.00
5,02,090.00
1-5 of 13
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52
GSTR 2: Amended B2B Invoices – Taxpayer Details
Goods and Services Tax
Dashboard
Services
Notifications & Circulars
Acts & Rules â–¼
Downloads â–¾
Dashboard > Returns > GSTR-2
Amended B2B Invoices – Amend Invoice
Supplier GSTIN/UIDâš«
29ADECS9084R5Z4
Original Invoice Dateâš«
21/01/2016
Total Taxa

= = = = = = = =

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

= = = = = = = =

ummary of Goods
/Capital goods received
from overseas (import
of Goods).
Bill of Entry No. â–¾
Bill of Entry Date
Total Taxable Value (Rs.)
IGST (7) â–¼
Actions
DEL324374
01/04/2016
20,83,300.00
4,16,660.00
MUM32434
15/04/2016
8,33,625.00
1,66,725.00
1-2 of 13 <>
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54
GSTR 2: Import of Goods – Add
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars â–¼
Acts & Rules â–¾ Downloads â–¼
Dashboard > Returns > GSTR-2
Import Of Goods – Add
Bill of Entry No.âš«
Item Details
Sr.
No.
1
GIN
A+ A-
Ganesh Harvest Solutions â–¾
This section helps you
to add details of
Goods /Capital goods
received from overseas
(import of Goods).
Bill of Entry Dateâš«
Total Taxable Value(*)*
0.00
Bill of Entry
IGST
Eligibility for
ITC
Total IGST available
as ITC (*)
Value (*)
HSN
Taxable value (Rs.)
Rate (%)
Amount (*)
Input
ADD ITEM
ITC available Action
this month
(3)
BACK
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55
GSTR 2: Amended Import of Goods -Summary
Goods and Services

= = = = = = = =

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

= = = = = = = =

t
Original Bill of Entry No.âš«
BGR34290
Revised/Original Bill of Entry Dateâš«
19/01/2016
Item Details
you to edit amended
imports of Goods.
✗
Original Bill of Entry Dateâš«
Revised/Original Bill of Entry No.âš«
19/01/2016
BGR34290
Total Taxable Value(*)•
48,39,667.00
ADD ITEM
Sr.
No.
Bill of Entry
IGST
Eligibility for
ITC
Total IGST
available as ITC
ITC available this month Action
(title=”currency”)
Value (*)
HSN
Taxable value
(Rs.)
Rate (%)
Amount (*)
(Rs.)
1
58,07,600.00
82011000
24,19,833.00
20
20
4,83,967.00
Input
â–¼
4,83,967.00
4,83,967.00
2
58,07,600.00
23069021
24,19,833.00
20
20
4,83,967.00
Capital â–¼
4,83,967.00
2,41,983.00
BACK
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57
GSTR 2: Import of Services
Goods and Services Tax
Dashboard Services â–¾
Notifications & Circulars
Acts & Rules â–¼ Downloads
Dashboard > Returns > GSTR-2
Import Of Services – Summary
Uploaded by Taxpayer
Q
Search Keywords
GIN
A+ A- | Ganesh Harvest Solutions
This section shows you
summary of services

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

ations & Circulars â–¾
Acts & Rules â–¾
Downloads
Dashboard > Returns > GSTR-2
Import Of Services – Edit
Invoice No.âš«
54121
Item Details
Invoice Date
18/04/2016
GIN
A+ A-
Ganesh Harvest Solutions â–¾
This
section
helps.
you to Edit details of
Import of Services.
Total Taxable Value (*)•
3,42,560.00
X
ADD ITEM
Sr.No.
Invoice
IGST
Eligibility for
ITC
Total ITC
Admissible (*)
ITC Admissible
this month (*)
Action
Value (*)
SAC
Taxable value (Rs.)
Rate (%)
Amount (*)
1,14,186.00
00440029
95,156.00
20
19,301.00
Input
19,031.00
19,031.00
2
1,14,186.00
00440032
95,156.00
20
19,301.00
Transf à¼â€¹
19,031.00
19,031.00
3
1,14,186.00
00440035
95,156.00
20
20
19,301.00
Input
â–¼
19,031.00
19,031.00
BACK
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60
GSTR 2: Amended Import Of Service – Summary
Goods and Services Tax
सत्यमà¥â€¡Ã Â¤Âµ à¤Å“यतà¥â€¡
Dashboard
Services
Notifications & Circulars
Acts & Rules â–¾ Downloads
Dashboard > Returns > GSTR-2
Amended Import Of Se

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

«
Total Taxable Value (*) •
18/03/2016
2,02,133.00
Item Details
Revised/Original Invoice No.
54121
Sr.
No.
Value (*)
Revised/Original Invoice
IGST
Eligibility for ITC
ITC Admissibility
SAC
Taxable value (*)
Rate (%)
Amount (*)
Total ITC
Admissible
(3)
ITC
Admissible
this month (*)
1.
80,853.00
00440029
67,378.00
20
20
13,476.00
Input
13,476.00
13,476.00
2.
80,853.00
00440032
67,378.00
3.
80,853.00
00440048
67,378.00
20
20
13,476.00
Transfer to ISD
20
20
13,476.00
None
13,476.00
13,476.00
à¼â€¹
13,476.00
13,476.00
ADD ITEM
Action
BACK
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62
GSTR 2: Credit/Debit Notes- Summary
Goods and Services Tax
Dashboard Services â–¾ Notifications & Circulars â–¼ Acts & Rules â–¾ Downloads
Dashboard ۼ Returns ۼ GSTR-2
Credit/Debit Notes- Summary
Uploaded by Taxpayer
Uploaded by Supplier
Modified by Supplier
Q
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GIN
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Ganesh Harvest Solutions
This section shows
you the summary of
Credit/Debit Notes.
Credit/Debit Note No â–¾ Credit/Debit Note Dat

= = = = = = = =

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

= = = = = = = =

(*)
Amount (*)
Amount (*)
Amount (*)
Amount (*)
Input
1.
BACK
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64
GSTR 2: Credit/Debit Summary -Uploaded by Supplier
Goods and Services Tax
A+ A- |
GIN
Ganesh Harvest Solutions
Dashboard Services â–¾ Notifications & Circulars
Acts & Rules â–¾ Downloads
Dashboard ۼ Returns ۼ GSTR-2
Credit/Debit Notes- Summary
Uploaded by Taxpayer Uploaded by Supplier Modified by Supplier
Q
Search Keywords
This section shows
you the summary of
Credit Debit Notes
uploaded by Supplier.
Credit/Debit Note No Credit/Debit Note Date Note Type
Differential Value(Plus or Minus) IGST (3) CGST (7) SGST (7) Status Actions
(3) â–¼
C-T1028
12/04/2016
Credit
+10,000
1,000.00
1,000.00 Submitted
1-5 of 13
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REJECT
65
GSTR 2: Credit/Debit Notes – Edit
Goods and Services Tax
you
A+ A- |
GIN
Ganesh Harvest Solutions
section helps
to Edit the
details of Credit /
Debit Notes.
Dashboard
Services â–¼
Notifications & Circulars
Acts & Rules
Downloads
This
Dashboard > Returns >

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

y Supplier Uploaded by TaxPayer
Modified by Supplier
Q
Search Keywords
GIN
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Ganesh Harvest Solutions
This section shows
you summary of
amendment to details
of Credit/Debit Notes
of earlier Tax periods.
C/D Note Date â–¾
C/D Note Noâ–¾
Note Type
Differential Value(Plus or Minus) (3) â–¼
Statusâ–¾
Actionsâ–¾
12/03/2016
C-R028
Credit
+50,000
Submitted
1-5 of 13 <>
BACK
PENDING
ACCEPT
REJECT
67
GSTR 2: Amended Credit/Debit Notes- Edit
Goods and Services Tax
Dashboard
Services
GIN
|
Ganesh Harvest Solutions
This section helps
Notifications & Circulars
Acts & Rules
Downloads
you to Edit Credit/
Debit
Notes
Dashboard > Returns > GSTR-2
Credit/Debit Notes Amendments – Edit
Supplierâš«
29ADECS9084R5Z4
Original Debit/Credit Note Dateâš«
12/03/2016
Reason for Issuing Note
Sales Return
Supplier Name
STARK PVT LTD.
Original/Revised Debit/Credit Note No. ❤
C-R028
Differential value
+50000
ITC available this month (*)
10000.00
Supply Typeâš«
Inter-state
% Reve

= = = = = = = =

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

= = = = = = = =

2
28CDECA1044A1Z1
Intra
90,000.00
45,000.00
45,000.00
BACK
ADD ISD INVOICE
69
GSTR 2: ISD Credit Received – Edit
Goods and Services Tax
Dashboard
Services â–¾ Notifications & Circulars â–¾
Acts & Rules â–¾
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This
Dashboard > Returns > GSTR-2
ISD Credit Received – Edit
GSTIN
24ZCEPU3333P1Z5
Details
Sr. No.
Invoice/Doc No.
1.
003401
2.
332305
Supplier Name
Kamath Foods Pvt Ltd
GIN
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section
helps
you to Edit details of
ISD credit received.
Supply Type
Inter-State
Invoice/Doc Date
IGST – ISD Credit (*)
12/04/2016
42,300.00
19/04/2016
3.
112034
25/04/2016
32,400.00
13,430.00
ADD ITEM
Action
E
BACK
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70
GSTR 2: ISD Credit Received – Add
Goods and Services Tax
Dashboard Services
Notifications & Circulars
Acts & Rules
Downloads
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ISD Credit Received – Add
GSTIN_ISD
Details
GIN
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Ganesh Harvest Solutions
This
section
helps
you to Add details of
ISD credit received.
✗
Supplier Name
Supply Type
Inter-State

= = = = = = = =

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= = = = = = = =

Nil Rated Supply (*)
Non-GST Supply (*)
1,50,000.00
Intra State
Supplies
00440008
BACK
EDIT
SAVE
72
GSTR 2: TDS Credit Received – Summary
Goods and Services Tax
Dashboard Services â–¾ Notifications & Circulars
Acts & Rules â–¾ Downloads â–¾
Dashboard > Returns > GSTR-2
TDS Credit Received – Summary
Uploaded by Supplier
Q
Search Keywords
Supplier Details
Total IGSTâ–¾
02DDDCK3434S2Z3
3,500.00
GIN
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Ganesh Harvest Solutions
This section shows.
summary of TDS
Credit received.
Total CGSTâ–¾
Total SGSTâ–¾
Statusâ–¾
Submitted
02DDDCK3434S2Z3
1,900.00
1,900.00
Submitted
29ADECS9084R5Z4
4,500.00
Submitted
1-3 of 13 <>
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REJECT
ACCEPT
73
GSTR 2: TCS Credit Received
Goods and Services Tax
GIN
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• Ganesh Harvest Solutions
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This section shows.
Dashboard > Returns > GSTR-2
summary of TCS
Credit received.
TCS Credit Received – View
Q
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Sr.
GSTIN of E-

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

rce portal
Gross Value of
Supplies (*)
Taxable Value on which TCS has
TDS_IGST
Action
been Deducted (*)
Rate (%)
Amount (*)
1
07CQZCD1111142
323430
10,00,500.00
5,00,000.00
10
1,00,000.
BACK
SAVE
75
GSTR 2: TCS Credit Received – Add
Goods and Services Tax
GIN
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This section helps
you to Add details of
TCS Credit received.
TCS Credit Received – Add
GSTIN of E-Commerce Portal •
Merchant ID allocated by e-commerce portal
Supply Type
Select
Item Details
ADD ITEM
Sr.
GSTIN of E-
Merchant ID allocated by e-
No.
commerce Portal
commerce portal
Gross Value of
Supplies (*)
Taxable Value on which TCS has
been Deducted (*)
TDS_IGST
Action
Rate (%)
Amount (*)
1
BACK
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76
GSTR 2:ITC Received on which Partial Credit Availed – Summary
Goods and Services Tax
Dashboard
Services â–¼ Notifications & Circulars â–¼
Acts & Rules â–

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

.
Original Invoice/Doc Date
IGST – ITC availed Earlier (*)
IGST – ITC availed This month (*)
Action
BACK
SAVE INVOICE
78
GSTR 2: ITC Received – Edit
Goods and Services Tax
GIN
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Dashboard Services â–¾ Notifications & Circulars â–¾
Acts & Rules â–¾
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This section helps
Dashboard > Returns > GSTR-2
you to Edit details
of ITC received.
ITC Received – Edit
Supply Type
Inter-State
Details
Sr. No.
1
à¼â€¹
✗
ADD ITEM
Original Invoice/Doc No.
Original Invoice/Doc Date
IGST – ITC availed Earlier (*)
IGST – ITC availed This month (Rs.)
Action
02305
12/02/2016
2,400.00
2,400.00
BACK
SAVE INVOICE
79
GSTR 2: Tax Liability under Reverse charge – Summary
Goods and Services Tax
Dashboard Services
Notifications & Circulars
Acts & Rules
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Tax Liability under Reverse charge – Summary
Uploaded by Taxpayer
Q
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Date
12/04/2016
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This section shows you
summary of Tax liabi

= = = = = = = =

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= = = = = = = =

ts & Rules â–¾
Downloads
Dashboard > Returns > GSTR-2
Tax Liability under Reverse charge – Edit
Supplier GSTIN/GDI/UIDâš«
29ADECW7867R1Z9
Supply Typeâš«
Inter-State
Item Details
Sr.
No.
Supplier Name
Wadhera Polymers Private limited
A+ A-
GIN
Ganesh Harvest Solutions â–¾
This section helps you
to Edit details of Tax
liability under Reverse
Charge.
Total Taxable Value (*)•
1,52,000
ADD ITEM
State Code
Document No.
Date
Category
Supply Type
HSN/SAC of
supplyâš«
Taxable value
(Rs.)
Tax
Action
IGST
Rate (%)
Tax
1
29
29
2
29
29
3
29
29
23220
4/12/2016
Goods
INTER
23069021
55600.00
20
20
23220
4/12/2016
Goods
11,120.00
INTER
23069025
71,000.00
20
14,200.00
23220
4/12/2016
Goods
à¼â€¹
INTER
23099032
25,400.00
20
20
5,080.00
BACK
SAVE TAX LIABILITY
82
GSTR 2: Amended Tax Liability under Reverse Charge – Summary
Goods and Services Tax
Dashboard
Services â–¾ Notifications & Circulars â–¾
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Amended

= = = = = = = =

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= = = = = = = =

ails of
Amended Tax liability
under Reverse Charge.
Revised Supplier GSTIN/GDI/UIDâš«
29APPCS8784R1Z4
ADD ITEM
Sr.
Original Details
Revised Details
No.
Taxable
value (*)
Tax
Action
Document
Date
State Code
No.
Document
No.
Date
Category
HSN/SAC of
IGST
supplyâš«
Rate (%)
Tax (*)
1
032350
12/03/201
29
032350
12/03/201
Goods
23069021
1,21,000.0
20
24,200.00
2
032350
12/03/201
29
29
032350
12/03/201
Services
00440005
2,15,000.0
20
20
43,000.00
BACK
SAVE
84
GSTR 2: Amended Tax Liability under Reverse Charge – Amend
Goods and Services Tax
GIN
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Ganesh Harvest Solutions â–¾
This section helps you
Dashboard
Services â–¾ Notifications & Circulars â–¾
Acts & Rules â–¾
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to Amend details of
Amended Tax liability
Dashboard > Returns > GSTR-2
Amended Tax Liability under Reverse Charge – Amend
Original Supplier GSTIN/GDI/UIDâš«
29APPCS8784R1Z4
Total Taxable Value
Item Details
Original Details
Sr.
No.
Document
No.
under Reverse Charge.
✗
Supplier Name
Revis

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

5,000.00
25,000.00
12100
30/04/2016
4310099
50,200.00
90100
30/04/2016
4310098
20,000.00


25,100.00
25,100.00
10,000.00
10,000.00
BACK
ADD INVOICE
自
1-5 of 13
UPLOAD
86
GSTR 2: Tax paid under Reverse Charge – Add
Goods and Services Tax
A+ A-
Dashboard Services â–¾ Notifications & Circulars â–¾ Acts & Rules â–¾ Downloads
Dashboard > Returns > GSTR-2
Tax paid under Reverse Charge – Add
This section helps you
to add invoices for Tax
paid under Reverse
Charge.
Invoice No.âš«
Details
Invoice Dateâš«
Supply Type
•
Intra-State
GIN
Ganesh Harvest Solutions â–¾
✗
ADD ITEM
Sr. No.
Transaction Id*
CGST – Paid on Time of Supply
SGST – Paid on Time of Supply
Action
Rate (%)
Tax (*)
Rate (%)
Tax (3)
1.
*Number assigned by the system when tax was paid
BACK
SAVE
87
GSTR 2: Tax paid under Reverse Charge – Edit
Goods and Services Tax
GIN
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Ganesh Harvest Solutions
Dashboard Services â–¾ Notifications & Circulars â–¼ Acts & Rules â–¾ Down

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

TR 2: ITC Reversal – Add
Goods and Services Tax
Dashboard Services â–¾ Notifications & Circulars
Acts & Rules
Downloads
Dashboard > Returns > GSTR-2
ITC Reversal – Add
Supply Type âš«
Reason for ITC Reversalâš«
Select
Item Details
Sr.No
1
Description
Select
ITC Reversal
IGST
Amount (*)
A+ A-
GIN
Ganesh Harvest Solutions â–¾
This section helps
you to Add details
of ITC Reversal.
X
ADD ITEM
Action
BACK
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90
GSTR 2: ITC Reversal – Edit
Goods and Services Tax
à¤Å“
A+ A-
GIN
Ganesh Harvest Solutions
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Acts & Rules â–¾ Downloads â–¼
This section helps
Dashboard > Returns > GSTR-2
ITC Reversal – Edit
you to Edit details
of ITC Reversal.
Supply Type âš«
Inter-State
Item Details
Sr.No
1
Reversal of ITC
Reason for ITC Reversalâš«
à¼â€¹
Reversal on ITC availed on common input/inpu
Description
✗
ADD ITEM
ITC Reversal
Action
IGST
Amount (*)
1,00,000.00
BACK
SAVE
91
GSTR 2: HSN/SAC Summary of Inward supplies

= = = = = = = =

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

= = = = = = = =

,424.00
11,68,485.00
ITC Availed
5
GOODS
Mustard seeds,
solvent extracted
23069021 KGS
150
�intra state
Purchases
1,54,321.00
15,432.00
15,432.00
自
自
6
GOODS
Mango kernel,
solvent extracted
23069025 KGS
90
No ITC Availed
32,432.00
B
1-5 of 13
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92
GSTR 2 : HSN/SAC Summary of Inward supplies – Add
Goods and Services Tax
Dashboard Services â–¾ Notifications & Circulars â–¼ Acts & Rules â–¾
Downloads â–¾
Dashboard > Returns > GSTR-2
HSN/SAC Summary of Inward supplies – Add
Item Details
GIN
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Ganesh Harvest Solutions
This section helps you to add
the items under Harmonized
System of Nomenclature
(HSN) and Services
Accounting Code (SAC)
summary of Inward supplies.
✗
ADD ITEM
Sr.
Category
Description HSN/SAC UQC
Quantity
Type of Inward Supplies
Taxable
Value/Value
IGST Credit
Actions
No.
of inward
supply (*)
Rate (%) Amount (*)
1
Select à¼â€¹
Select
à¼â€¹
BACK
SAVE
93
wa
GSTR 2: HSN/SAC Summary of Inward supplies – Edit
Go

= = = = = = = =

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

= = = = = = = =

6-17
Turnover Details
Section 5
*5,81,00,940
Gross Turnover
Total Tax Liability
Section 8
*53,87,890
IGST
Tax Paid
Section 11
*35,53,759
IGST
Business Name
Manuj Industries Ltd.
Return Period â—† April
Status
Pending
Outward Supplies
Section 6
Return.
Due Date 20/05/2016
Inward Supplies
Section 7
*34,79,740
51,74,232
*25,79,168
*25,79,168
*10,79,890
Net Taxable Turnover
IGST
CGST
SGST
IGST
*1,32,837
CGST
*1,32,837
SGST
TDS Credit
Section 9
*25,35,893
CGST
*25,35,893
SGST
Rs.1,60,000
IGST
Refund Claim
Section 12
ITC Credit
Section 10
*38,000
CGST
*38,000
SGST
14,71,401
12,92,956
IGST
CGST
*12,92,956
SGST
*35,32,674
*35,32,674
*5,04,730
€2,11,790
CGST
SGST
IGST
CGST
*2,11,790
SGST
BACK
DSC
PREVIEW
EVC
E SIGN
FILE GSTR-3
96
GSTR-3
97
GSTR 3: Turnover Details
Goods and Services Tax
Dashboard
Services â–¾
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Acts & Rules
Downloads
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GSTIN 28AAACM1090A1Z1
FY 2016-17
5.Turn Over Details
Gross Turnover (*)
Export Turnover (*)
Bus

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

,320.00
6.2
Intra-State Supplies to Registered Taxpayers
2,00,53,300.00
20,05,330.00
20,05,330.00
6.3
Inter-State Supplies to Consumers
50,27,060.00
10,05,412.00
6.4
Intra-State Supplies to Consumers
48,55,330.00
4,85,533.00
4,85,533.00
6.5
Exports
95,05,900.00
2,73,500.00
64,805.00
64,805.00
6.6
Revision of Invoices
4,90,000.00
98,000.00
23,500.00
23,500.00
6.7
Total Tax Liability on Outward Supplies
5,89,18,190.00
51,74,232.00
25,79,168.00
25,79,168.00
BACK
99
GSTR 3: Inward Supplies
Goods and Services Tax
Dashboard
Services â–¼
Notifications & Circulars â–¾
Acts & Rules â–¾
Downloads
Dashboard > Returns > GSTR-3
GSTIN 28AAACM1090A1Z1
FY 2016-17
7.Inward Supplies
Business Name �Manuj Industries Ltd.
Return Period â—† April
Status Pending
Details of Inward Supplies are auto-populated from GSTR-2
Section No.
Section Name
7.1
Inter-State Supplies Received
7.2
Intra-State Supplies Received
7.3
Imports
7.4
Revision of Invoices
7.5
Tax Liability
7.6
ITC Reversal
This

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

Tax
Dashboard Services â–¾
Notifications & Circulars â–¼ Acts & Rules â–¾ Downloads
Dashboard > Returns > GSTR-3
9.TDS Credit
Details of TDS Credit are auto-populated from GSTR-2
GIN
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Ganesh Harvest Solutions
This section shows
you the details of
TDS Credit received
during the month.
ÃÆ’—
Sr. No.
GSTIN/GDI/of TDS deductor
IGST
CGST
SGST
Rate (%)
Tax (3)
Rate (%)
Tax ()
Rate (%)
Tax (3)
28DDDFP3434S2Z3
1
02DDDFP3434S2Z3
2
3
29ADECO9084R5Z4
20
20
20
20
70,000.00
10
38,000.00
10
38,000.00
90,000.00
1-3 of 13 <>
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102
GSTR 3: ITC Credit
Goods and Services Tax
A+ A- |
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Dashboard Services â–¾ Notifications & Circulars
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Dashboard > Returns > GSTR-3
you the details of
ITC Credit received
during the month.
10. ITC Credit
1
2
3
GIN
Ganesh Harvest Solutions
Sr. No.
Description
IGST
CGST
SGST
Rate (%)
Tax ()
Rate (%)
Tax (3)
Rate (%)
Tax (*)
Inputs
Capital Goods
Input Services
20
20
4,72,045.00
10
2,22,500.00
10
2,22,

= = = = = = = =

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

= = = = = = = =

5,00.00
250.00
250.00
4
Interest
6
Penalty
15,750.00
C2312
4,500.00
5,625.00
5,625.00
Others(Please
7
1,000.00
C5487
200.00
400.00
400.00
specify)
1
1
1
BACK
EDIT
SAVE
104
GSTR 3: Refund Claim
Goods and Services Tax
GIN
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Ganesh Harvest Solutions
This section shows you
Refund claims of excess
ITC in specified cases
and refund / adjustment
of excess paid earlier.
12. Refunds�claim of excess ITC in specified cases and refund/adjustment of excess tax paid earlier
Sr. No.
Description
IGST (3)
CGST()
SGST ()
1
Refund of ITC accumulation claimed in specified cases
63,770.00
32,400.00
32,400.00
Excess amount of tax paid earlier
A. Refund
B. Adjustment to cash ledger
3
Refund from Cash ledger
4
Bank Account Number
05587384823
123,400.00
90,800.00
90,800.00
250,000.00
45,390.00
45,390.00
67,560.00
43,200.00
43,200.00
BACK
EDIT
SAVE
105
Tax Payment
106
Dashbo

= = = = = = = =

Plain text (Extract) only
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= = = = = = = =

Id
kfoods@gmail.com
Address
C-134, Kamla Nagar, Delhi-110070
Tax()
Interest(*)
Penalty(*)
GIN
Ganesh Harvest Solutions â–¾
English
Challan Expiry Date
29/02/2016
Fees()
Other()
Mobile Number
+91-9876453210
Total(*)
1,000
250
250
500
5,000
2,000
1,000
750
750
500
5,000
1,000
250
250
500
5,000
CGST(0001)
IGST (0002)
Delhi GST (0004)
Total Challan Amount: 15,000/-
3,000
3,000
Total Challan Amount (In words): Rupees Fifteen Thousands only
Select Mode of E-Payment
Preferred Banks
Net Banking
Credit/Debit Cards
ere you
From here you can
choose the mode of
payment given for
making an E-payment.
MAKE PAYMENT
108
Dashboard: Pay Tax – Over the Counter
> GST Services > Payments
Create Challan
Saved Challan
Challan History
Challan Details
Tax (*)
CGST(0001)
IGST (0002)
Delhi
GST(0004)
Total Challan Amount:
Total Challan Amount (In words): Rupees
GIN
English
Interest()
Penalty()
Fees()
Other(*)
Total()
Payment Modes
E-Payment
Over The Counter
ICICI
ALLAHABAD BANK
BANK OF BARODA
NEFT/RTGS
CENTRA

= = = = = = = =

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

= = = = = = = =

-134, Kamla Nagar, Delhi-110070
CGST (0001)
IGST (0002)
Delhi GST (0004)
Total Challan Amount:Rs.15,000/-
Tax(*)
3,000
Interest()
1,000
Penalty(*)
This s
section shows
you the details of
Challan generated for
Over the Counter
payments.
GIN
anesh Harvest Solutions
→ English
Challan Expiry Date
29/02/2016
Mobile Number
+91-9876453210
Fees(*)
250
250
Other(*)
Total(*)
500
5,000
2,000
1,000
750
750
500
5,000
3,000
Total Challan Amount (In words):Rupess Fifteen Thousands only
Mode Of Payment
Cheque
1,000
250
250
500
5,000
Over The Counter
Bank Name
State Bank Of India
PRINT
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110
Dashboard: Pay Tax – NEFT/RTGS
Goods and Services Tax
Dashboard
Services
> GST Services > Payments
GIN
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Ganesh Harvest Solutions â–¾
Notifications & Circulars
Acts & Rules
Downloads
This section helps
you to
make
payment through
NEFT/RTGS mode.
Create Challan
Saved Challan
Challan History
Challan Details
Tax (*)
Interest(*)
Penalty()
Fees()
Other(*)
Total()
Select
Popular Banks
CGST(00

= = = = = = = =

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

= = = = = = = =

nerated
for NEFT/RTGS.
Challan Expiry Date
29/02/2016
Mobile Number
+91-9876453210
Fees(*)
Other()
Total (*)
250
500
5,000
2,000
1,000
750
750
500
5,000
3,000
1,000
250
250
500
5,000
Delhi GST (0004)
Total Challan Amount: Rs.15,000/-
Total Challan Amount (In words) :Rupees Fifteen Thousands only
NEFT/RTGS
Beneficiary Details
Account Name
RBIPAD
Remitting Bank Name
Payee Bank
RBI
State Bank Of India
Account Number
IFSC Code
11223344556600
IFJK123344
English
PRINT
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112
Saved Challan
Goods and Services Tax
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Reference Number
Created On
Amount()
Mode
Expiry Date
Action
CLN0700000001
10/01/2015 22:12:55
1,000
E-Payment
17/01/2015
10
CLN0700000002
12/01/2015 22:12:55
2,000
Not Selected
19/01/2015
CLN0700000003
13/01/2015 22:12:55
1

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/RTGS
08/05/2016
07/05/2016 15:15:21
PAID
16050700000022
10/05/2016 08:15:16
20,000
E-Payment
18/05/2016
12/05/2016 15:15:21
PAID (P)
16050700000033
18/05/2016 15:15:11
20,000
E-Payment
25/05/2016
NOT PAID
16020600000033
01/06/2016 20:15:22
20,000
E-Payment
08/06/2016
2/06/2016 15:15:21
PAID
16020600000001
2/06/2016 20:15:22
20,000
E-Payment
09/06/2016
AWTD
References
AWTD – Payment Confirmation Awaited,
PAID (P) – Paid Provisional,
CHQD – Cheque Dishonored, REV – Reversed,
NP(CR) – Not Paid- Conditional Receipt,
EXP – Expired, CLP – Cheque/ DD Pending Clearance,
PP(OFC) – Provisional Payment at Com Tax Office
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Utilize Cash and ITC | Manuj Industries Ltd. 28AAACM1090A1Z1
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Return Related Liability
GSTR 3
Assesed/Appeal related liability
Demand ID
Tax payable on opening stock on converting from normal to compounding scheme

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Time and Valuation of Supply under Revised GST Law

Time and Valuation of Supply under Revised GST Law
By: – Sanjeev Singhal
Goods and Services Tax – GST
Dated:- 28-12-2016

This chapter will focus on time of supply of goods and services vis a vis valuation of supply which includes goods and services. Both are very significant part of any business vis a vis taxation . Time is important for point of tax that when the liability to pay tax will arise on goods and service . Similarly Valuation on what value the tax shall be levied by Government. For valuing any goods what to include and not to include is subject matter of big discussion. This has all been incorporated in Section 12,13,14 and 15 of the MGL. Main basis of valuation is transaction value. Now under revised GST law “Determination of value of supply of Goods and Services Rule,2016.” has been withdrawn . Let us address the issue one by one. Time of supply of goods and services has been defined in Section -2.
Section 2[104] “Time of Supply of Goods” shall have the

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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
In case it is not possible to establish the time of supply as discussed above then
* Date of periodical return has to be filed
* Date on which SGST / CGST is paid
Time of supply of services [ Sec. 13 ]
* The liability to pay CGST and SGST shall arise only at the time of supply of
services. Time of supply of services shall be :
* Date of issue of invoice or the last date of issue of invoice u/s 28
* 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
In case where tax is payable on supply of services under reverse charge, earliest of the following;
* Date on which payment is made
* Date immediately after 60 days from the date of invoice
Where

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ceived 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
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 of tax , time of supply shall be date of date of invoice.
* Where the invoice is raised and payment is received before the change of rate of tax , time of supply shall be

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r delayed payment of consideration for any supply.
Following shall not be included;
i] Transaction value shall not include any discount allowed before or at the time of
supply provided such discount is recorded in the invoice.
ii] discounts is given after the supply but such discount is as per the agreement
already entered before the supply and is linked to relevant invoices. And 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.
FAQ on Valuation of supply of goods and services
* What is transaction value?
Transaction value refers to price actually paid or payable for supply of goods or services where the supplier and recipient are not related.
Are there separate provision for valuation in SGST,CGST and IGST for goods and service ?
No. Section 15 is common for all three taxes and also common for goods and services.
Weather post supp

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SECTION 167. AMOUNT OF CENVAT CREDIT CARRIED FORWARD IN A RETURN TO BE ALLOWED AS INPUT TAX CREDIT

SECTION 167. AMOUNT OF CENVAT CREDIT CARRIED FORWARD IN A RETURN TO BE ALLOWED AS INPUT TAX CREDIT
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 28-12-2016

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
TRANSITIONAL PROVISIONS-PART-I
SECTION 167. AMOUNT OF CENVAT CREDIT CARRIED FORWARD IN A RETURN TO BE ALLOWED AS INPUT TAX CREDIT
The following provisions have been incorporated under CGST Laws:-
A registered taxable person, other than a person opting to pay tax under section 9, shall be entitled to take, in his electronic credit ledger, the amount of cenvat credit carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished, by him under the earlier

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ry forward of credit pertaining to return filed under earlier law was expected to be denied in GST regime.
As regards the proviso is concerned, the same is a better version of the earlier proviso in old GST Law. As per old proviso, it was specified that credit will be available only if the credit was admissible both under earlier law and under the GST law. This provision was very difficult to comply as there are different provisions under present laws and GST laws. As far as credit availment in present scenario is concerned, the same is governed by Cenvat Credit Rules, 2004 whereas credit under GST regime is governed by section 16 of the GST Act, 2016 and there are significant differences. For example, under Cenvat Credit Rules, 2004, the

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Laws and so whether credit of entry tax will be available in all States or only in States where it is cenvatable. This is for the reason that the proviso merely states that registered taxable person shall not be allowed to take credit unless the said amount is admissible as input tax credit under this Act. Under GST regime, all taxes are cenvatable and one opinion may be that credit of entry tax will be allowed even if the same was not allowed under earlier law. However, the revenue authorities will not accept such an interpretation and will definitely dispute credit of entry tax if the earlier State Laws denied it.
New provisos have been added regarding credit under section 3, 5(3), 6 or 6A of the Central Sales Tax Act, 1956. It is provi

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TIME OF SUPPLY OF SERVICES

TIME OF SUPPLY OF SERVICES
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 28-12-2016

Introduction
With the immense effort in the present service tax regime, finally the government was able to form the refined principles for determination of point of taxation of services. The government in the GST regime has tried to continue its legacy of Point of Taxation principles for identification of time of supply of services.
Time of Supply of Services
The provisions related to time of supply of services are contained in Section 13 of the revised Model GST Act which reads as under :-
“13. Time of supply of services
(1) The liability to pay CGST/SGST on services shall arise at the time of supply, as determined in terms of the provisions of this section.
(2) The time of supply of services shall be the earlier of the following dates, namely:-
(a) the date of issue of invoice by the supplier or the last date on which he is
required, under section 28, to issue t

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he following dates, namely-
(a) the date on which the payment is made, or
(b) the date immediately following sixty days from the date of issue of invoice by the supplier:
PROVIDED that where it is not possible to determine the time of supply under clause (a) or (b), the time of supply shall be the date of entry in the books of account of the recipient of supply:
PROVIDED FURTHER that in case of 'associated enterprises', where the supplier of service is located outside India, the time of supply shall be the date of entry in the books of account of the recipient of supply or the date of payment, whichever is earlier.
Explanation.- For the purpose of clause (a), “the date on which the payment is made” shall be the date on which the payment is entered in the books of
accounts of the recipient or the date on which the payment is debited in his bank account, whichever is earlier.
(4) In case of supply of vouchers, by whatever name called, by a supplier, the time of supply shall be-
(

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ollowing dates :-
(a) The date of issue of invoice in case when invoice is issued and in case where the invoice is not issued then the last date on which invoice is required to be issued under section 28 of model GST Act.
(b) Date of receipt of payment by supplier with respect to the supply.
Here, section 28 of the Model GST Act provider for the time of issue of invoice, manner, format and the contents to be mentioned in the invoice issued in relation to supply of services.
Thus as per above provisions of law the time of supply of services is the earliest of the two dates viz date of issue of invoice or the date of receipt of payment whichever is earlier. However, it may happen that the registered taxable person does not issue invoice at all, then in such case instead of taking the date of issue of invoice, the last date when the invoice should be issued in accordance with the law shall be taken.
The law further provides that in case supplier receives advance beyond the amount of

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ll be:-
(a) date of issue of voucher, if supplier is identifiable.
(b) date of redemption of vouchers, if supplier is not identifiable.
Residual Provision
Where it is not possible to determine time of supply of services under any of the above stated provision of law then it shall be calculated as –
(a) in case where periodical return has to be filed, due date of filling return.
(b) in case no periodical return has to be filed, date of payment of CGST/SGST.
Date of Payment
The meaning of 'date of payment' for time of supply of services is explained in the said provisions itself and the same is applicable in the same sense throughout the provision. Date on which payment is made for the purposes of identification of time of supply of servcie is the earlier of the following :-
(a) Book entry in the books of recipient of supply i.e. buyer
(b) Debit in bank account
Conclusion
The government is positive in its effort to implement GST quickly and effectively. At the same time a pos

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registration

registration
Query (Issue) Started By: – Ramakrishnan Seshadri Dated:- 27-12-2016 Last Reply Date:- 26-1-2017 Goods and Services Tax – GST
Got 4 Replies
GST
Dear Sir,
Good Evening.
We want the experts to clarify our query.
We are have 5 units within the state having separate excise and service tax registration numbers. But as far as tnvat is concerned vat number is common. In our case how to register ourself in GST. whether we have reigster only once by filling up the details in additional place of business or to register separtely.
Please clarify.
Thanks & Regards,
S.Ramakrishnan
Reply By Ganeshan Kalyani:
The Reply:
Sir, you will have to enrol for one number by showing one place as principal place of business and othe

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Time of Supply of Goods

Time of Supply of Goods
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 27-12-2016

The provisions related to time of supply of goods are contained in Section 12 of Model GST Act as under :-
“12. Time of supply of goods
(1) The liability to pay CGST / SGST on the goods shall arise at the time of supply as determined in terms of the provisions of this section.
(2) The time of supply of goods shall be the earlier of the following dates, namely,-
(a) the date of issue of invoice by the supplier or the last date on which he is required, under section 28, to issue the invoice with respect to the supply; or
(b) the date on which the supplier receives the payment with respect to the supply:
PROVIDED that where the supplier of taxable goods receives an amount up to one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess shall, at the option of the said supplier, be the date of issue of invoice.

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t of supply.
Explanation.- For the purpose of clause (b), “the date on which the payment is made” shall be the date on which the payment is entered in the books of
accounts of the recipient or the date on which the payment is debited in his bank account, whichever is earlier.
(4) In case of supply of vouchers, by whatever name called, by a supplier, the time of supply shall be-
(a) the date of issue of voucher, if the supply is identifiable at that point; or
(b) the date of redemption of voucher, in all other cases;
(5) In case it is not possible to determine the time of supply under the provisions of sub-section (2), (3) or (4) the time of supply shall
(a) in a case where a periodical return has to be filed, be the date on which such return is to be filed, or
(b) in any other case, be the date on which the CGST/SGST is paid.”
Analysis of the Provisions
The general provision related to determination of time of supply of goods is earlier of the following :-
(a) The date of is

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the invoice and payment shall be in respect to the amount which is covered with the said invoice and payment.
For instance, a registered taxable person makes a supply of goods and raises invoice timely of Rs one lacs on say 1st April 2016 and the payment of ₹ 100500/- is received on say 10th May 2016, then the time of supply for Rs one lacs shall be the 1st April 2016.
The provision stated above further provides that in case supplier receives advance upto an amount of 1000 rupees then time of supply in respect to the said advance can be taken as, at the option of the assessee, date of issuance of invoice.
In our earlier example for the surplus amount of ₹ 500/- the time of supply can be taken as the date of issue of invoice in respect to such amount or the date of payment of the said amount, but at the option of the assessee.
Time of Supply – Reverse Charge
In case where tax is liable to paid on reverse charge basis, then time of supply will be earlier of the followin

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SECTION 15 VALUE OF TAXABLE SUPPLY UNDER REVISED GST LAW

SECTION 15 VALUE OF TAXABLE SUPPLY UNDER REVISED GST LAW
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 27-12-2016

GST DAILY DOSE OF UPDATION BY CA PRADEEP JAIN
SECTION 15 VALUE OF TAXABLE SUPPLY UNDER REVISED GST LAW:-
There is material departure in the valuation provisions of a taxable supply in the revised GST Law. A comparative analysis of the changes made with respect to present laws is made as follows:-
The valuation of taxable supply has been specified to be transaction value provided that supplier and recipient are not related and price is the sole consideration for supply. Apart from this, certain inclusions and exclusions have also been provided in the transaction value which is discussed in the succeeding paragraphs.
Firstly, we discuss the deletions made in the inclusive list of transaction value. The amortised value of goods/services supplied free of cost or at reduced price for use in connection with supply of goods/services so valued to the e

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interpretation that free supplies are not to be included in transaction value.
Second deletion is regarding royalties and licence fees related to the supply of goods and/or services being valued that the recipient of supply must pay, either directly or indirectly, as a condition of the said supply, to the extent that such royalties and fees are not included in the price actually paid or payable.
Apart from above deletions, a new clause (d) has been inserted in the inclusion list regarding interest or late fee or penalty for delayed payment of any consideration for any supply. This has the effect that interest charged from the receiver which is in the nature of penalty for delayed payment will also be leviable to GST. As per present Excise/Service Tax Laws, there are number of judicial pronouncements holding that interest for delayed payment is not includible in the transaction value. This will definitely lead to enhancement in the transaction value.
Thirdly, Old GST Law provided tha

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es for Loss of Revenue) Act, 2016, if charged separately by the supplier to the recipient. Here, mention of IGST is missing which means that even IGST will be included in transaction value.
Furthermore, as per old GST Law, subsidies provided in any form or manner, linked to the supply were included in transaction value but as per revised GST law, subsidies provided by the Central and State Government are not to be included. This is a very appreciable step because presently, under Central Excise Laws, even subsidies provided by Central and State Governments are included in the transaction value in light of Apex Court decision in the case of Maruti Suzuki 2014 (9) TMI 229 – SUPREME COURT and Super Synotex 2014 (3) TMI 42 – SUPREME COURT.
Lastly, in the earlier Draft GST Law, situations were specified wherein transaction value was not applicable but not the said sub-section has been deleted.
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