460 – Movement of goods on account of Bill-To-Ship-To supply will be handled through the capturing of place of dispatch in PART-A of e-way bill.
459 – In case of movement of goods by railways, airways and waterways, the e-way bill can be generated even after commencement of movement of goods.
458 – Once verified by any tax officer, the same conveyance will not be subject to a second check in any State or Union territory, unless and until, specific information for the same is received.
457 – Validity of one day will expire at midnight of the day immediately following the date of generation of e-way bill.
456 – If the goods cannot be transported within the validity period of the e-way bill, the transporter may extend the validity period in case of transshipment or in case of circumstances of an exceptional nature.
455 – Extra validity period for e-waybill has been provided for Over Dimensional Cargo (ODC)
454 – Movement of goods from the place of consignor to the place of transporter up to a distance of 50 Km [increased from 10 km] does not require filling of PART-B of e-way bill. They have to generate PART-A of e-way bill.
453 – Consignor can authorize the transporter, courier agency and e-commerce operator to fill PART-A of e-way bill on his behalf.
452 – Time period for the recipient to communicate his acceptance or rejection of the consignment would be the validity period of the concerned e-way bill or 72 hours, whichever is earlier.In case of movement of goods on account of job-work, the registered job worker can also generate e-way bill.
451 – Railways has been exempted from generation and carrying of e-way bill with the condition that without the production of e-way bill, railways will not deliver the goods to the recipient. But railways are required to carry invoice or delivery challan etc.
450 – Public conveyance has also been included as a mode of transport and the responsibility of generating e-way bill in case of movement of goods by public transport would be that of the consignor or consignee.
449 – E-way bill is required to be generated only where the value of the consignment exceeds Rs. 50000/-. For smaller value consignments, no e-way bill is required.Value of exempted goods has been excluded from value of the consignment, for the purpose of e-way bill generation.
448 – As per Circular No. 05/2018-Customs, the exporters have to fill the Table 6A of the GSTR – 1 with correct details like the Invoice number, Taxable value, IGST paid, Shipping Bill number, Shipping Date and Port Code. If the above values are missing or not matching the refund application will not be processed.
447 – As per Circular No. 05/2018-Customs, Exporters have to file GSTR 3B with taxable value for
export and IGST paid against exports indicated in appropriate fields before filing of the
application for the refunds by the taxpayer under GST.
446 – As per the new features released in the GSTN portal, at the time of utilization of the input tax credits, if there is any shortage of the input tax credit, the challan will be created directly with the amount of the tax payable by the taxpayer.
445 – As per Circular No 35 dated 5 th March 2018, there is no change in the levy on services supplied
by member of an unincorporated joint venture (JV) to the JV or to other members of the JV, or
by JV to the members, essentially remains the same as it was under service tax law.
444 – As per Circular No 34 dated 1 st March 2018, the services provided by DISCOMS such asapplication fee for releasing connection of electricity, rental charges on meters, testing fee on meters, capacitors or transformers, labor charges, charges collected for issue of duplicate bill are considered as taxable supplies and GST is to be levied on those charges.
443 – As per Circular No 34 dated 1 st March 2018, clarifies that Priority Sector Lending Certificates are not classified as securities, therefore GST is applicable on the same and ITC can be claimed accordingly.
442 – As per Circular No 34 dated 1 st March 2018, retreading of tyres is classified as composite supply
and basis on the principal supply it will be classified as supply of good or services.
441 – As per Circular No 34 dated 1 st March 2018, bus body building is considered as Composite Supply and based on the contract to contract, the principal supply is to be determined and basis on which GST will be determined as supply of goods or services.
440 – As per the new features released in the GSTN portal, the amount of utilization will be auto populated in the utilization section and based on that the taxpayer can submit it or the amounts can be overwritten by the taxpayer.
439 – As per the new features released in the GSTN portal thee is no need for the submission of the GSTR – 3B before filing, it can be filed directly.
438 – As per Circular No. 33/07/2018-GST dated 23rd Feb 2018, the taxpayer in case utilizes the credit carried forward from the blocked CENVAT Credit from the Electronic Credit Ledger, the same has to be paid with interest and penalty.
437 – As per Circular No. 33/07/2018-GST dated 23rd Feb 2018, the taxpayer as on 1st of July is not eligible to take the credit on the blocked CENVAT Credit from the carried forward balance in the Electronic Credit Ledger. Blocked input tax credit here refers to input tax credit taken on items such as pipelines laid outside the factory or telecommunication towers.
436 – As per Circular No. 33/07/2018-GST dated 23rd Feb 2018, in case if the taxpayers utilizes the same and the adjudication is not in favor of the taxpayer, the taxpayer has to pay the amount of the utilized CENVAT Credit in the Electronic Credit Ledger with interest and penalty as per the provisions of the CGST Act.
435 – As per Circular No. 33/07/2018-GST dated 23rd Feb 2018, the taxpayer will not utilize the CENVAT Credit in the Electronic Credit Ledger for the amount carried forward on the amount which is pending with the department as on 1st July 2017.
434 – As per Notification No 7 – Central Tax, Last date for filing of GSTR – 6 i.e by Input Service Distributor for the period July 2017 to February 2018 is 31st March 2018
433 – As per Notification No 7 – Central Tax, the late for the filing of GSTR – 6 is Rs 25 per day.
432 – As per Notification No 6 – Central Tax, the late for the filing of GSTR – 5A is Rs 25 per day in case of regular returns and in case of Nil returns is Rs 10 per Day.
431 – As per Notification No 5 – Central Tax, the late for the filing of GSTR – 5 is Rs 25 per day in case of regular returns and in case of Nil returns is Rs 10 per Day.
430 – As per Notification No 4 – Central Tax, the late for the filing of GSTR – 1 is Rs 25 per day in case of regular returns and in case of Nil returns is Rs 10 per Day.
429 – As per Notification No 3 – Central Tax, a new section has been added in FORM RFD-01 for claiming of Refund for “Exports made to SEZ unit or SEZ Developer (on payment of tax)”.
428 – As per Notification No 3 – Central Tax, a new section has been added in FORM RFD-01 for claiming of Refund for “Export without payment of tax (accumulated ITC).”
427 – As per Notification No 3 – Central Tax, Exporter of services has to file the application Form RFD-01 for claiming the refund, rule 96, sub-rule 9.
426 – As per Notification No 3 – Central Tax, the word “Export invoice “is replaced with “relevant export invoices” in Rule 92, sub-rule 2.
425 – As per Notification No 3 – Central Tax, Refund of input tax credit, availed in respect of other inputs or input services used in making the zero-rated supply of goods or services or both, shall be granted. This is available to Taxpayer’s who have availed the benefit of the Notification Number 48/2017-Central Tax dated the 18th October 2017.
424 – Taxpayers can now claim the refund of the tax amounts using the refund application online for the refund amount raised “On account of Assessment / Provisional Assessment / Appeal / Any other Order.
423 – As per Notification No 3 – Central Tax, every transporter who carries the goods have to carry the goods with a tax invoice or a bill of supply along with the goods where there is a requirement to carry the e-waybills.
422 – As per Notification No 3 – Central Tax, The CGST rate for the manufactures has been reduced to 0.5% to 1%.
421- As per Notification No 3 – Central Tax, Taxpayers who are registered in the erstwhile tax regime can cancel their registration number by 31st Match 2018 against the olden date of 31st Dec 2017 as per rule 24, in sub-rule (4)
420 – As per Notification No 3 – Central Tax, Person taking registration under composition scheme has to file Form ITC-03 within 180 days from the date of taking registration under composition scheme. Replacing old provisions of 90 days in Sub-rule 3(a) of rule 3 of CGST Act.
418 – Table 6A of FORM GSTR – 1 is enabled for taxpayers only for claiming the refund of taxes paid on exports or claim refund of the input tax credit for exported goods if FORM GSTR – 1 is not filed during the month the refund is being applied.
417 : Whenever taxpayers want to change the information in the GST registration certificate, it has to be done separately for the core fields and the non-core fields. It is recommended to go the second one only after the first changes are reflected. http://india-gst.in/gst-tip-417/
416 : Refund processing in GST is available in the GSTN portal by selecting the refund type along with the period for which the refund is being filed. Types of Refunds are
- Refund of Excess Balance in Electronic Cash Ledger
- Refund of ITC on Export of Goods & Services without Payment of Integrated Tax
- On account of supplies made to SEZ unit/ SEZ developer (without payment of tax)
- Refund on account of ITC accumulated due to Inverted Tax Structure
- Recipient of Deemed Exports
- Refund on account of Supplies to SEZ unit/ SEZ Developer (with payment of tax)
- Export of services with payment of tax http://india-gst.in/gst-tip-416/
415 – New taxpayers who have taken registration after 1st July 2017, can cancel their registration number using FORM GST REG – 16 on the common portal. http://india-gst.in/gst-tip-415/
414 – A non-resident taxable person who has to file FORM GSTR-5 is now enabled on the GSTN Portal. Now non-resident taxpayers can file FORM GSTR-5 for the supplies, credit taken or payment of penalty etc.
413 – Supplies made to a Merchant exporter can now be reported in the GSTR – 1 in Table 6A. A new row has been added to report such supplies @ 0.1%. http://india-gst.in/gst-tip-413/
412 – As per Rule 41 of the CGST Rule, in case of a sale, merger, amalgamation, lease or transfer of a business, the existing ITC can be transferred by filing FORM GST ITC-02, now the same is enabled on the GSTN i.e on the common portal.
411- As per Section 171 of the CGST Act, any reduction in the tax rate or additional benefit of the input tax credit has to be passed to the recipient under Anti-Profiteering.
410 – Under Margin Scheme in GST, the tax is payable on the difference between the buying price and the selling price. This is applicable to a person who is buying and selling second-hand goods.
409 – As per Rule 138 of the CGST Rules, the taxpayer who is sending the goods for job work, to a job worker outside the state, has to issue an E-waybill even if the goods being sent is of value less than Rs 50,000.
408 – As per Notification No 65/2017 – Central Tax, an electronic commerce operator who is supplying services under section 9, sub-section 5 and having a turnover is not above Rs 25 Lacs in a financial year at all India basis is exempted from taking registration under GST.
407 – As per Notification No 64/2017 – Central Tax, the late fee for per day for filing of GSTR – 3B is Rs 25 in case of return where the taxpayer has to pay tax and Rs 10 per day in cases where the taxpayer has to file a Nil return.
406 – As per Notification No 63/2017 – Central Tax, the last date for filing of Form GST ITC – 04, the taxable person who has dispatched or received goods for job work have to file the return by 31st Dec 2017 for the period July 2017 to Sep 2017, replacing the earlier date of 30th Nov 2017 as notified through Notification No – 53/2017 – Central Tax.
405 – As per Notification No 62/2017 – Central Tax, the last date of filing of Form GSTR – 6 by a taxable person registered as Input Service Distributor, has to file the returns for the month of July 2017 by 31st Dec 2017.
404 – As per Notification No – 61/2017 – Central Tax, a person supplying online information and database access or retrieval services from a place outside India to a non-taxable online recipient referred to in section 14 of the IGST Act, 2017 and rule 64 of the CGST Rules, 2017, has to file the return FORM GSTR-5A for the months of July 2017 to Oct 2017 15th 15th Dec 2017.
403 – As per Notification No. 60/2017 – Central Tax, the last date for filing of Form GSTR – 5 by a non-resident taxable person for the periods July 2017, August 2017, September 2017, October 2017 by 11th Dec 2017.
402 – As per Notification No. 59/2017 – Central Tax. the last date for filing of return GSTR – 4 by composition taxpayer for the period July 2017 to Sep 2017 has been extended to 24th Dec 2017 from 15th Nov 2017, announced as per Notification No. 40/2017 – Central Tax.
401 – As per Notification No 58/2017 – Central Tax, a taxpayer whose turnover is above Rs 150 Lacs during the previous financial year or likely to be in the current financial year has to file GSTR – 1 for the months July 217 to Oct 2017 by 31st Dec 2017, for the month of Nov 2017 by 10th Jan 2018, for the month of Dec 2017 by 10th of Feb 2018, for the month of Jan 2018 by Mar 2018, for the month of Feb 2018 by 10th April 2018 and for the month of March 2018 by 10th of May 2018.
400 – As per Notification No 57/2017 – Central Tax , any taxable person who has a turnover of Rs 150 Lacs in the last financial year or this year can file GSTR – 1on quarterly basis. The return for the period July 2017 to Sep 2017 has to be filed by 31st Dec 2017, for the period Oct 2017 to Dec 2017 by 15th Feb 2018 and for the period Jan 2018 to March 2018 by 30th April 2018. For this to be effective sub-section (2) of section 38 and sub-section (1) of section 39 of the CGST Act has to be amended accordingly.
399 – As per Notification No 56/2017 – Central Tax , GSTR – 3B has to be filed on monthly basis till 31st March 2018. GSTR – 3B has to be used for discharge liability towards tax, interest, penalty, fees or any other amount payable under GST.
398 – As per Notification No 66 – Central Tax , GST is not required to be levied on receipt of advance from the customers in case of supply of goods. This notification suppresses the Notification No. 40/2017-Central Tax which exempted for levy of GST of advance receipts from customers with a turnover less than Rs 150 Lacs.
397 – As per Notification No 55 – Central Tax when refund application is filed manually using FORM-GST-RFD-01 A, while processing the same the concerned officer will issue the refund order in FORM-GST-RFD-01 B.
396 – As per Notification No 55 – Central Tax for processing of refunds manually, a new form has been introduced and it is known as FORM-GST-RFD-01 A. This form is applicable for a casual taxable person or non-resident taxable person, tax deductor, tax collector and other registered taxable persons.
395 – New rule 107A has been added wide Notification No 55 – Central Tax , which includes the manual filing of the application for an advance ruling, intimation, reply, declaration, statement or issuance of the notice, order or certificate and relevant forms have been modified accordingly to support this.
394 – New rule 97A has been added wide Notification No 55 – Central Tax for processing of refunds manually in Chapter X after Rule No 97. As per Rule 97A, for refunds processing or procedure, including the manual filing of the refund application, intimation, reply, declaration, statement or issuance of the said notice, order or certificate in such Forms as appended to these rules.”
393 – An appeal to the Appellate Authority shall be filed in FORM GST APL-01 along with other documents, electronically or as per the process notified by the Commissioner. The provisional acknowledgment will be issued immediately by the appellant authority.
392 – A copy of the advance ruling pronounced by the Appellate Authority for Advance Ruling and duly signed by the Members shall be sent to-
- the applicant and the appellant;
- the concerned officer of central tax and State or Union territory tax;
- the jurisdictional officer of central tax and State or Union territory tax; and
- the Authority
391 – An appeal against the advance ruling issued under sub-section (6) of section 98 shall be filed by the concerned officer or the jurisdictional officer in the common portal in FORM GST ARA-03 and for filing the appeal no fee shall be payable by the officer.
390 – An appeal against the advance ruling issued under sub-section (6) of section 98 shall be made by an applicant on the common portal in FORM GST ARA-02 and shall be accompanied by a fee of ten thousand rupees to be deposited as specified in section 49 of the CGST Act 2017.
389 – The application received for advance ruling will be verified for all the relevant documents accompanying the application shall be signed in the manner specified in rule 26.
388 – An application for an advance ruling under sub-section (1) of section 97 shall be made on the common portal in FORM GST ARA-01 and shall be accompanied by a fee of five thousand rupees, to be deposited in the manner specified in section 49.
387 – A goods and services tax practitioner attending on behalf of a registered or an unregistered person in any proceedings under the Act before any authority shall produce before such authority, if required, a copy of the authorization given by such person in FORM GST PCT-05.
386 – No person shall be eligible to attend before any authority as a goods and services tax practitioner in connection with any proceedings under the Act on behalf of any registered or unregistered person unless he has been enrolled under rule 83.
385 – As per Rule 138 of the CGST Rules, every registered person under GST has to generate Part A of FORM GST EWB-01, when goods worth more than Rs 50,000 are being transported in relation to supply or for stock transfer from one location to another location or for movement of material for other than supply or in case of inward supplies from unregistered taxpayers.
384 – If there are any discrepancies and communicated to the supplier in FORM GST MIS – 2 in the same month it is communicated, the same is not rectified, it will be added to the output liability of the recipient in the next month to the extent of the discrepancy. amount.
383 – If there are any discrepancies for the records to be matched, the same will be sent in FORM GST MIS-2 through the common portal to the supplier of goods or services electronically.
382 – The final acceptance for the claim of input tax credit in respect of any tax period, for the matched tax invoice, debit note or for IGST paid on imports shall be made available electronically to the registered person making such claim in FORM GST MIS-1 through the common portal.
381 – The claim of input tax credit shall be considered as matched where the amount of input tax credit claimed in GSTR – 2 of the recipient is equal to or less than the output tax on such tax invoice or debit note in the GSTR -1 of the Supplier.
380 – In GSTR – 3 if there is a difference between the tax amounts filed in GSTR – 3B and with GSTR – 1 and GSTR – 2, the same can be adjusted in Part – B of GSTR – 3. If the tax liability is more, then the same has to be paid/discharged in case of excess credit, the same will be updated in the electronic credit ledger.
379 – The details of inward supplies added, corrected or deleted by the recipient in his FORM GSTR-2 shall be made available to the supplier electronically in FORM GSTR-1A through the common portal and such supplier may either accept or reject the modifications made by the recipient and FORM GSTR-1 furnished earlier by the supplier shall stand amended to the extent of modifications accepted by him.
378 – The last date for filing of Returns for the month of July 2017 has been extended wide Notification No. 54 /2017 – Central Tax. In case of GSTR – 2 the last date is 30th Nov 2017 and in case of GSTR – 3 it is 11th Dec 2017.
377 – As per Notification No. 51/2017 – Central Tax , Last Date for Cancellation of Registration for Migrated Tax Payers has been extended from 31st Oct 2017 to 31st Dec 2017. For Cancellation of Registration, FORM GST REG-29 has to be filed.
376 – The last date for filing of the GST TRAN – 1 has been extended to 30th Nov 2017 based on the Order-08/2017-GST
375 – As per Notification No. 39/2017-Central Tax (Rate), items falling under Chapter No 19 to 21 can be supplied at a concessional rate 2.5% for food preparations put up in unit containers and intended for free distribution to economically weaker sections of the society under a programme duly approved by the Central Government or any State Government.
374 – Any invoice or debit note issued in pursuance of any tax payable in accordance with the provisions of section 74 or section 129 or section 130 shall prominently contain the words “INPUT TAX CREDIT NOT ADMISSIBLE.”
373 – In case of movement of goods on sale or approval basis, the supply is known only at the time of acceptance by the customer, after customers acceptance only tax invoice can be issued. Until such point of time, the goods are to be removed or moved only on delivery challan and e-waybill if applicable.
372 – As per Notification No. 50/2017 – Central Tax dated 24th Oct 2017, the late for the month of August and September 2017 has been waived off for all the taxpayers who have not filed GSTR – 3B by the due date.
371 – When the application for LUT or Bond is submitted by the taxpayer for export of goods or services and if any information is missing, the concerned officer will issue FORM GST RFD-03 requesting the applicant to file a fresh application in FORM GST RFD-02.
370 – As per Rule 96A of the CGST Rules, the person who has executed the LUT / Bond has submit proof fo export within fifteen days after the expiry of one year, or such further period as may be allowed by the Commissioner, from the date of issue of the invoice for export, if the payment of such services is not received by the exporter in convertible foreign exchange.
369 – The person who has obtained LUT or executed Bond for export of goods have to export the goods within fifteen days from the expiry of three months from the LUT / Bond execution date or the due date can be extended by the commissioner.
368 – As per Rule 96A, if any registered person wants to supply goods or services without payment of integrated goods and service tax for export of goods or services, have to furnish Letter of Undertaking or Bond to the FORM GST RFD-11 to the jurisdictional Commissioner.
367 – As per Notification No 44/2017-Central Tax,dt. 13-10-2017 , the taxpayers who are eligible to take input tax credit basis on sub-section of section 18 of the CGST Act 2017, who have taken registration during the month of July, August and September 2017, the last date for filing of FORM GST ITC-01 is extended up to 31st Oct 2017.
366 – As per Notification No. 48/2017-Central Tax deemed exports concept is introduced in GST and the following are classified as deemed exports
- Supply of goods by a registered person against Advance Authorisation
- Supply of capital goods by a registered person against Export Promotion Capital Goods Authorisation
- Supply of gold by a bank or Public Sector Undertaking specified in the notification No. 50/2017-Customs, dated the 30th June, 2017 (as amended) against Advance Authorisation
365 – As per Notification No. 45/2017 – Central Tax, the person taking registration under composition levy has to file FORM GST ITC-03 within 90 days from the date on commencement of composition levy.
364 – As per Notification No. 46/2017– Central Tax dated 13th October 2017, the limit for composition levy has increased from 75 Lacs to Rs 100 Lacs and in case of states with the special category it is been increased from Rs 50 Lacs to Rs 75 Lacs.
363 – As per Notification No. 45/2017 – Central Tax, details related to Inward supplies received from a registered supplier (other than supplies attracting reverse charge) are not required to be reported in Section 4A of the GSTR – 4 for July 2017 to September 2017 and October 2017 to December,2017quarters.
362 – As per Notification No. 45/2017 – Central Tax in Sub-rule 2 of Rule 54 in case of documents issued by a bank or financial institution, the words “tax invoice” is replaced by a new term known as “consolidated tax invoice” as the statement is issued for a period.
361 – As per Notification No. 41/2017 – Central Tax dated 13th Oct 2017, the person registered taxpayer in GST under Composition Levy has to file GSTR – 4 for the period from 1st July 2017 to September 2017 has to file the return by 15th November 2017.
360 – The proper officer will prepare a list of the movable and immovable property of the defaulter along with estimating the value of the property basis of the market value and issue the same in FORM GST DRC – 16.
359 – The proper officer will send a request in FORM GST DRC- 15 to the said civil court, where any balance amount is payable to the defaulter in the execution of a decree of a civil court and the court shall, subject to the provisions of the Code of 103 Civil Procedure, 1908 (5 of 1908), execute the attached decree, and credit the net proceeds from settlement of the amount recoverable.
358 – On receipt of money from the third party on behalf of the defaulted taxpayer, the concerned office will issue the FORM GST DRC – 14 for the money received.
357 – The concerned officer has to issue a notice in FORM GST DRC-13 to the third person as per clause (c) of sub-section (1) of section 79 for recovery of tax amounts of the defaulted taxpayer from whom the amount is due or payable by the third person.
356 – As per section 79, subsection 1 clause c(i), the concerned office can issue a notice to any other person from whom the amount is due or becomes payable or to paid to the defaulted taxpayer, asking the said person to pay such amount to the government and not to the defaulted taxpayer.
355 – On payment of the full bid amount by the successful bidder for at the auction of goods of the defaulted taxpayer, the proper officer shall transfer the possession of the said goods to the successful bidder and issue a certificate in FORM GST DRC-12.
354 – The proper officer shall issue a notice to the successful bidder in FORM GST DRC-11 requiring him to make the payment within a period of fifteen days from the date of the auction.
353 – The concerned officer has to issue a notice in FORM GST DRC-10 for the auction of the goods for default in the payment of taxes by the taxpayer indicating the reasons for auction and the details of the goods.
352 – After the issue of notice / order by the concerned taxpayer for the recovery of duty and the taxpayer defaults the same, then as per (b) of sub-section (1) of section 79, the officer can sell the goods of the defaulted taxpayer after preparing the list of such goods and selling it in the market and also recover the costs incurred for selling the same.
351 – When a notice is issued in FORM GST DRC- 01 to the taxpayer for non-payment of tax or short payment of tax or input tax credit utilized wrongly or availed wrongly or refund is issued erroneously by the concerned tax officer and the taxpayer does not pay the same, he is termed as defaulter and the concerned tax officer can issue FORM GST DRC-09 for recovery of the amount due to the defaulter from the department as per clause (a) of sub-section (1) of section 79 the CGST Act.
350 – The concerned tax officer who has issued notice in FORM GST DRC-01 to the taxpayer for non-payment of tax or short payment of tax or availed input tax credit wrongly or utilized input tax credit wrongly or refund issued erroneously, the order can be rectified within 6 months and the rectifications are as per the provisions of section 161 of the CGST Act, has to issue FORM GST DRC-08 to the taxpayer.
349 – A summary of the order issued under sub-section (9) of section 73 or sub-section (9) of section 74 or sub-section (3) of section 76 shall be uploaded electronically in FORM GST DRC-07, specifying therein the amount of tax, interest, and penalty payable by the taxpayer to whom the order is issued.
348 – The taxpayer can give a representation in FORM GST DRC-06 under Sub-section 9, Section 74 of CGST Act 2017 for the Show Cause Notice issued on the grounds for tax not paid or short paid or availed input tax credit wrongly or for refund issued erroneously.
347 – As per Sub-section 10 of Section 74 of the CGST Act 2017, the taxpayer can issue a notice for tax not paid or short paid or availed input tax credit wrongly or utilized input tax credit wrongly within 5 years from filing of annual return by the taxpayer and in case of refund issued erroneously, the notice has to be issued within 5 years from the date of issue of such refund.
346 – When the concerned officer issues notice to the taxable person for not paying or short payment of tax or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts to evade tax, if the taxable person pays the interest @ 18% and penalty @25% and intimates the concerned officer in FORM GST DRC-03, then the concerned officer will shall issue an order in FORM GST DRC-05 concluding the proceedings in respect of the said notice.
345 – On payment of penalty and interest on a voluntary basis by the taxpayer before the issue of notice by the concerned tax officer in FORM GST DRC-01, the tax officer will not issue the notice and he will acknowledge the payment of interest and penalty in FORM GST DRC-04.
344- Before serving of the notice in FORM GST DRC-01 by the tax officer, the taxpayer can pay the taxpayer can pay interest @ 18% as per section 50 of the CGST Act and also a penalty of 15% as per Subsection 5 of section 74 and submit the same to the concerned officer in FORM GST DRC-03.
343 – As per Rule 142, FORM GST DRC-02 will be issued by the concerned officer to the taxpayer under Sub-Section 3 of Section 74 of the CGST Act for reasons other than tax not being paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized.
342 – As per sub-section 1 of Section 74 of the CGST Act, the concerned officer will service the notice electronically in FORM GST DRC-01 to the taxpayer where it appears to the tax officer that tax is not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts to evade tax.
341 – As per Section 74 of the CGST Act if the tax officer feels that tax is not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts to evade tax, then the concerned tax official shall serve a notice on the taxable person for the tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable at rate of 18% or as recommended by the GST Council.
340 – The concerned tax officer has to finalize the provisional assessment within 6 months from the date of issuing the order to the taxpayer under provisional assessment and also issue the final assessment order.
339 – The taxable person applying for provisional payment of taxes under GST shall execute a bond or bank guarantee and furnish the same in FORM GST ASMT-05 to the concerned officer.
338 – If the concerned officer is satisfied with the information furnished for payment of taxes on provisional basis, the officer shall issue order in FORM GST ASMT-04 after the taxable person executes a bond in such form as may be prescribed, and with such surety or security as the proper officer may deem fit, binding the taxable person for payment of the difference between the amount of tax as may be finally assessed and the amount of tax provisionally assessed.
337 – On receipt of request from the taxpayer for payment of taxes on provisional basis in FORM GST ASMT-01 under Section 60 of the CGST Act, the proper officer on the receipt of application if required can call for additional information FORM GST ASMT-02 and the taxpayer can file the reply in FORM GST ASMT-03 for the additional information asked by the concerned officer.
336 – As per Section 60 of the CGST Act, if a taxpayer is not able to determine the value of goods or services or both or determine the rate of tax applicable thereto, the taxpayer may request the proper officer to pay taxes on provisional basis by filing the return in FORM GST ASMT-01 ( as per rule 98 of the CGST Rules) giving reasons for payment of tax on a provisional basis.
335 – As per Sub-section 68 of Section 2 of CGST Act 2017, ” means any treatment or process undertaken by a person on goods belonging to another registered person and the expression “job worker” shall be construed accordingly” meaning that it would amount to supply if the job worker adds any materials during the process or treatment. This is a major change in the job work process compared to erstwhile Central Excise Act.
334 – Data in GSTR – 2A will remain available for a tax period till the supplier files or submits his GSTR – 2 for the tax period.
333 – GSTR – 2A is an auto-populated draft inward supplies return based on the supplier of goods or services filed through GSTR – 1 (outward supplies), GSTR – 5 ( filed by non-resident taxable person), GSTR – 6 (filed by input service distributor), GSTR – 6 (filed by Tax deductor at source) & GSTR – 7 (filed by a person collecting tax at source).
332 – Any person taking registration as a casual taxable person or non-resident taxable person have to pay tax in advance based on the estimated turnover during the period of registration.
331 – What is a registered brand for the levy of tax under GST? Any brand registered as on 15th May 2017, whether it is de-registered on or after the date, registered under Copy Rights Act 1957 or under any other law in force in any other country. (basis of the press release after the 21st GST Council Meeting, formal notification to be made available).
330 – GST Tip – 330 : In GSTR – 3B, the tax implications on the credit notes, debit notes & purchases from unregistered dealers which are falling under RCM have to be reported and paid, in case of f the taxpayer has missed all these documents, they can upload the same in GSTR – 1 and GSTR – 2 and this will automatically get updated in the GSTR – 3 and the tax liability can be settled and be GST compliant.
329 – If a taxpayer has missed any outward supplies or inward supplies invoices amounts while filing GSTR – 3B, those invoices can be included in the GSTR – 1 and GSTR – 2 and the output liability and input tax credit will be considered in the GSTR – 3 and if any amount is payable the same can be paid. As there is no edit option available for GSTR – 3B, this approach can be taken and be tax compliant.
328 – In case if the supplier of the goods or services has uploaded the invoice but not filed the GSTR – 1 return, the same will be shown in “invalid” status in the GSTR – 2A of the recipient of the goods or services or both.
327 – If the supplier of goods or services does not file his GSTR – 1 by the said date and the recipient of the goods or services or both have filed GSTR – 2, then the supplier of goods or services or both cannot modify the invoice, the supplier has to accept or reject the same.
326 – If the taxpayer does not upload his tax invoices by 10th of Sep 2017 for the supplies made during the month of July 2017, then he can upload the same only after 25th Sep 2017.
325 – As per Section 16 of the IGST Act, Zero Rated supplies means the supply of goods or services or both to SEZ Units or SEZ Developers or Exports.
324 – Exempted Supplies under GST means supplies which attract Nil or Zero rate under GST for the supply of goods or services or both. It also includes non-taxable supplies under GST. Refer to Notification No.2/2017-Central Tax (Rate) for the list of exempted goods.
323 – As per Rule 141 of the CGST Rules 2017, if the taxpayer does not pay the amount, then the commissioner can dispose of the goods seized from the taxpayer and adjust the same against the tax payable, interest, penalty or any other amount payable in respect of such goods.
322 – As per Rule 141 of the CGST Rules 2017, in case if the goods seized are of perishable or hazardous in nature of the taxpayer, the said goods can be released, if the owner of the goods pays an amount equivalent to the market price of such goods or things or the amount of tax, interest, and penalty that is or may become payable. On submission of proof of payment, the concerned officer may order the release of the said goods through FORM GST INS-05.
321 – As per Rule 140 of the CGST Rules, if the goods are not produced before the concerned officer on the date said by the person whose goods are seized, the officer can encash the security provided and adjusted against the tax, interest and penalty and fine, if any, payable in respect of such goods.
320 – As per Rule 139 of CGST Rules 2017, the officer who is seizing the goods, documents, books or things shall prepare an inventory of such goods or documents or books or things containing along with the description, quantity or unit, make, mark or model, where applicable, and get it signed by the person from whom such goods or documents or books or things are seized.
319 – As per Rule 139, on the seizure of the goods by the concerned officer, the tax payer can get the same released provisionally on submission of a bank guarantee for the amount equal to applicable tax, interest, and penalty payable along with execution of the bond in FORM GST INS-04.
318 – As per Rule 139, during the Inspection, Search or Seizure by the officer if it is not feasible to seize any such goods, the officer will issue an order of prohibition in FORM GST INS-03 to the taxpayer, that the taxpayer shall not remove, part with, or otherwise deal with the goods except with the previous permission of him i.e the officer.
317 – As per Rule 139 of the CGST Rules, during Inspection, Search or Seizure, if the officer finds that any of the documents, goods, books or any other thing liable for seizure, the things seized should be issued in FORM GST INS-02 to the taxpayer.
316 – As per Rule 139 of CGST Rules, an officer not below the rank of Joint Commissioner can issue an order for Inspection, search and seizure as per section 67 of the CGST Act in FORM GST INS-01 authorising any other officer subordinate to him to conduct the inspection or search or, as the case may be, seizure of goods, documents, books or things liable to confiscation.
315 – As per Rule 46 of the CGST Rules, a registered taxpayer can issue a consolidated tax invoice at the end of the day if the transaction value is less than or equal to Rs 200 if the recipient does not require tax invoice or recipient is a non-registered taxpayer.
314 – As per Rule 47 of the CGST Rules, The tax invoice referred in Rule 46 in case of supply of services has to be issued within 30 days date of supply of service.
313 – As per Rule 46 of the CGST Rules, every taxpayer has to mention the name, address, place of delivery of goods, state name, and state code on supplies made to the unregistered taxpayers if the value of the supplies is Rs 50,000 or more on the tax invoice.
312 – As per Rule 117, the amount of credit specified in the application in FORM GST TRAN-1 shall be credited to the electronic credit ledger of the applicant maintained in FORM GST PMT-2 on the common portal.
311 – As per rule 120 of CGST Rules 2017, goods sent on sale or approval basis have before the appointed date has to be declared in FORM GST TRAN – 1, within 90 days from the appointed date.
310 – As per section 119 of the CGST Rules 2017, if the taxpayer has any materials sent on job work or for repairs or on sale or approval basis have to file GST TRAN – 1 within 90 days from the appointed date.
309 – As per Rule 118 of the CGST Rules, FORM GST TRAN-1 has to be filed within 90 days from the appointed date i.e, 1-July-2017 to avail the transitional input tax credit (VAT and Service Tax) for goods and services received after the appointed date but invoiced before the appointed date.
308 – As per section 29 of the CGST Act at the time of cancellation of registration, the taxpayer has to reduce the input tax credit claimed at rate of 5% per quarter on the capital goods, plant, and machinery.
307 – As per Section 29 of the CGST Act, The cancellation of registration shall not affect the liability of the tax payer to pay tax and other dues under this Act or to discharge any obligation under this Act or the rules made thereunder for any period prior to the date of cancellation whether or not such tax and other dues are determined before or after the date of cancellation.
306 – As per Sub-section 2 of section 29 of the CGST Act, any person who has taken registration voluntarily and has not commenced his / her business within 6 months from the date of issue of the registration, the proper officer can cancel such registration.
305 – As per Sub-section 2 of section 29 of the CGST Act, the proper officer may cancel the registration of the taxpayer who is registered under composition scheme if he has not furnished returns for three consecutive tax periods.
304 – As per Sub-section 2 of section 29 of the CGST Act, the proper officer may cancel the registration of a tax payer who is not registered as composition tax payer if he has not furnished returns for a continuous period of six months.
303 – As per Rule 10 of the CGST Rules, if the application for registration is accepted by the GSTN, certificate of registration is issued in FORM GST REG-06 containing the principal place of business. The GSTIN issued will be of 15 digits to the applicant.
302 – As per Rule 9 of the CGST Rules, if the applicant does not reply within the period of 7 working days or the tax officer is not satisfied with the reply/clarification given by the applicant, the application can be rejected and the same has to be communicated within 7 working days and the same will be communicated to the taxpayer electronically in FORM GST REG-05.
301 – As per Rule 9 of the CGST Rules, the applicant who has applied for GST Registration has received the intimation in FORM GST REG-03, the applicant has to give the reply within 7 working days from the date of receipt of FORM GST REG-03 in FORM GST REG-04 electronically.
300 – As per Rule – 9 of the CGST Rules, once the application for registration is filed and acknowledgement is issued, FORM GST REG-03 will be sent electronically to the applicant within 3 working days if there are any discrepancies in the application form. If no communication is received within 3 working days it is deemed to be accepted.
299 – As per Rule 46 of CGST Rules 2017, in the case of inward supplies of reverse charge where the inward supplies are more than Rs 5,000 per day, a consolidated tax invoice can be issued at the end of the month for all such transactions during the month.
298 – As per Rule 46 of the CGST Rules 2017, a registered tax payer, other than a composition taxpayer can issue a consolidated tax invoice at the end of the day for all the transaction where tax invoices are not issued for a value less than Rs 200 per transaction.
297 – GSTR – 3B has to be filed by 20th Aug 2017 for the month of July transaction with GST. Following are the key points
1. Every tax payers under GST except registered under composition has to file this return.
2. Data entered in GSTR – 3B will be reconciled with the GSTR – 2 and GSTR – 2 to e filed subsequently
3. Taxpayers have to discharge the liability of GST only by payment and existing ITC cannot be utilized, stress on cash flows.
4. While entering data in GSTR – 3B, complete the returns of GSTR – 1, so that there will be minimal reconciliation issues
5. No offline utility, return has to be filed online only
296 – Section 6.1 of GSTR – 3B, details of payment for GST has to be shown. Amount of Tax Payable, Amount of Tax paid under GST utilizing the ITC and balance amount in cash has to be shown along with interest and late if any payable for CGST, SGST, UTGST, IGST and Cess.
295 – In section 5 (D) of GSTR – 3B, the amount of input tax credit which is not allowed in GST i.e blocked input tax credit has to be shown in this section along with any other cases where ITC is not eligible in GST. For more details on blocked input tax credit refer the link – https://indiagstdotin.wordpress.com/2017/08/08/blocked-input-tax-credit/
294 – In Section 5 of the GSTR – 3B, inward supplies for interstate and intra-state has to be shown for supplies from composition taxpayer, exempted and NIL rated supplies along with Non-GST supplies have to be shown at the summary level only.
293 – In section 4( B ) of GSTR – 3B, input tax credit availed at the time of inward supply being reversed on account of using the same inputs used for taxable supplies and exempted supplies. Reversal of such input tax credit has to be done for both the inputs and the capital goods. Input tax credit reversed for any other reasons issue of free goods or used for employee purpose or used for a non-business purpose.
292 – In subsection A of Section 4 of GSTR – 3B, input tax credit availed during the month has to be shown separately for all the taxes for import of goods, import of services, inward supplies from ISD, inward supplies which attract reverse charge along with any other sources from where ITC is claimed that is for the inward supplies of goods and services together.
291 – In section 3.2 of GSTR – 3B, outward supplies of inter-State supplies made to unregistered persons, composition taxable persons and UIN holders have to be shown at a summary level along with the taxable value, tax amount by place of supply wise.
290 – In Section 3.1 of GSTR – 3B, details of the outwards supplies along with the inwards supplies on which reverse charge is applicable has to be shown. It should be shown in summary format for the above supplies with the taxable value for each category along with the tax amounts. Outward supplies for Zero Rated, Nil Rated and exempted supplies have to be shown separately in the same section.
289 – All registered taxpayers have to file GSTR – 3B by 20th of August for the transactions related to the month of July 2017. The return is a summary return, unlike the other GST Returns which are to be filed at the transaction level. For more details on the impact visit my blog page – https://indiagstdotin.wordpress.com/2017/08/02/are-we-ready-for-the-game/
288 – Notification No.10/2017-Central Tax (Rate), if a registered tax payer who is in the purchase and sales of second-hand goods is exempted from paying taxes under reverse charge in case if he makes any purchases from the unregistered tax payers. Refer here for full extract of the notification – http://india-gst.in/wp-content/uploads/2017/06/Rate-10-2017.pdf
287 – Notification No. 13/2017-Central Tax (Rate) provides the list of services on which reverse charge is applicable. The list of services are, Supply of Services by a goods transport agency (GTA), services by advocates, Services supplied by an arbitral tribunal to a business entity, Services provided by way of sponsorship to any body corporate or partnership firm, specified services provided by Services supplied by the Central Government, State Government, Union territory or local authority, services of a director, insurance agents, recovery agents of banks or financial institutions, etc, for detailed list view the Notification https://indiagstdotin.files.wordpress.com/2017/07/rate-13-20171.pdf
286 – Notification No. 14/2017-Central Tax (Rate), activities or transactions undertaken by the Central Government or State Government or any local authority in which they are engaged as public authority, shall be treated neither as a supply of goods nor a supply of service, namely:- “Services by way of any activity in relation to a function entrusted to a Panchayat under Article 243G of the Constitution.”
285 – Notification No. 15/2017-Central Tax (Rate), refund of un utilized input tax credit is allowed in case of sub-item (b) of item 5 of Schedule II of the Central Goods and Services Tax Act. It refers to “(b) construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier.”
284 – As per Notification No. 11/2017-Central Tax (Rate), Central Tax is to be levied at Nil rate for Support services to agriculture, hunting, forestry, fishing, mining and utilities which are falling under HSN / SAC 9986. For details of services falling under 9986 refer to https://indiagstdotin.wordpress.com/2017/07/28/support-services-to-agriculture-hunting-forestry-fishing-mining-and-utilities/
283 – As per Notification No. 11/2017-Central Tax (Rate) services falling under HSN/SAC 9988 are related to job work in specific cases and they are Manufacturing services on physical inputs (goods) owned by others. It clearly means that the job worker is not supposed to add any material on his side if he adds then it will be a supply. These services attract a central tax rate of 2.5% and other services at 9%. Details are given in https://indiagstdotin.wordpress.com/2017/07/27/services-by-way-of-job-work-falling-under-hsn-sac-9988/
282 – As per Notification No. 11/2017-Central Tax (Rate) – Maintenance, repair and installation (except construction) services falling under SAC 9987, the Central Tax is levied at 9%. The services which are covered are Maintenance and repair services of fabricated metal products, machinery, and equipment, Repair services of other goods and Installation services (other than construction).
281 – As per Notification No. 11/2017-Central Tax (Rate), Services falling under Other manufacturing services; publishing, printing and reproduction services; materials recovery services, and the tax rate applicable under the Central Goods and Service Tax is 9%. These services are falling under HSN / SAC 9989. The list of services falling under the HSN / SAC 9989 can be accessed from the link – https://indiagstdotin.wordpress.com/2017/07/25/services-falling-under-hsnsac-9989/
280 – As per Notification No. 11/2017-Central Tax (Rate), services falling under HSN / SAC 9991 the Central Tax rate of 9% is levied on services related to Public administration and o provided to the community as a whole; compulsory social security services.
279 – As per Notification No. 11/2017-Central Tax (Rate), services falling under HSN /SAC 9992 i.e Educational Services Central taxes will be levied at the rate of 9%. The following services are covered Pre-primary education services, Primary education services, Secondary Education Services, Higher education services & Other education & training services and educational support services.
278 – As per Notification No. 11/2017-Central Tax (Rate), Health services falling under HSN/SAC 9993 i.e for Human health and social care services, the Central tax is levied at 9%. It covers the following services Inpatient services, Medical and dental services, Childbirth and related services, Nursing and Physiotherapeutic services, Ambulance services, Medical Laboratory and Diagnostic-imaging services & Blood, sperm and organ bank services.
277 – As per Notification No. 11/2017-Central Tax (Rate), Sewage and waste collection, treatment and disposal and other environmental protection services falling under HSN / SAC 9994 is levied at a rate of 9% for central tax.
276 – As per Notification No. 11/2017-Central Tax (Rate), for services related to Services furnished by business, employers and professional organizations Services, Services furnished by trade unions & Services furnished by other membership organizations falling under HSN/SAC 9995 the Central Tax Rate is 9%.
275 – As per Notification No. 11/2017-Central Tax (Rate), services like Recreational, cultural and sporting services are taxed at rate of 9% for the central tax for admission or access to circus, Indian classical dance including folk dance, theatrical performance, drama or movie tickets less than Rs 100 and rest of the recreational & sporting services are taxed at 14%. These services are falling under HSN / SAC 9996.
274 – As per Notification No. 11/2017-Central Tax (Rate), services falling under HSN /SAC Code 9972, the rate for central taxes is 9%. The services covered are Real estate services involving owned or leased property & Real estate services on a fee/commission basis or contract basis.
273 – As per Notification No. 11/2017-Central Tax (Rate), services falling under HSN / SAC Code 9965 i.e for Goods transport services, the applicable tax rate will be 2.5% only if the supplier of services provided that credit of input tax charged in respect of goods used in supplying the service is not utilised for paying central tax or integrated tax on the supply of the service.
272 – As per Notification No. 11/2017-Central Tax (Rate), services falling under HSN / SAC Code 9965 i.e for Goods transport services, the applicable CGST rate is cases for transportation of goods by Rail, Vessel and by GTA it is 2.5% and for Transport of goods in containers by rail by any person other than Indian Railways it is 6% and in all other cases it is 9%.
271 – As per Notification No. 11/2017-Central Tax (Rate), for Passenger transport services as per clause 8, the CGST rate is 2.5% except for services falling in sub clause (vii), Provided that credit of input tax charged in respect of goods used in supplying the service is not utilized for paying central tax or integrated tax on the supply of the service.
270 – Services falling under HSN / SAC Code 996111 are given in Notification No. 11/2017-Central Tax (Rate), serial no 5 and they are services in wholesale trade includes, Services of commission agents, commodity brokers, and auctioneers and all other traders who negotiate wholesale commercial transactions between buyers and sellers, for a fee or commission’, Services of electronic wholesale agents and brokers and Services of wholesale auctioning houses.
269 – As per Notification No. 12/2017- Central Tax (Rate), entities registered under Section 12AA of Income Tax Act 1961 are exempted from GST.
268 – As per Notification No. 11/2017-Central Tax (Rate), construction services falling under heading 9954, where it is involving transfer of property in land or undivided share of land, as the case may be, the value of supply of service and goods portion in such supply shall be equivalent to the total amount charged for such supply less the value of land or undivided share of land, as the case may be, and the value of land or undivided share of land, as the case may be, in such supply shall be deemed to be one third of the total amount charged for such supply. This means the value of the land can be reduced from the transaction value and then only taxes under GST has to be computed.
267 – As per Notification No. 11/2017-Central Tax (Rate), “declared tariff” has to be considered for determining the tariff for accommodation in hotels, inns, guest houses, clubs or at campsites. Declared Tariff includes charges for all amenities provided in the unit of accommodation (given on rent for stay) like furniture, air-conditioner, refrigerators or any other amenities, but without excluding any discount offered on the published charges for such unit.
266 – As per Circular No. 4/4/2017-GST, every taxpayer who is exporting goods or services is required to furnish a running bond or a letter of undertaking in FORM GST RFD-11, in cases, if the goods or services are being exported without payment of IGST.
265 – Notification No. 15/2017-Central Tax (Rate), refund of unutilized input tax credit is not is not allowed for the services given in subitem (b) of item 5 of Schedule II of the Central Goods and Services Tax Act, i.e construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier.
264 – As per Notification No. 18/2017 -Integrated Tax (Rate), services imported by SEZ or SEZ developer for authorized operations are exempted completely from Integrated Goods and Service Tax.
263 – Notification No.8/2017-Central Tax (Rate), provides relief to lot taxpayers as it gives exemption up to Rs 5,000 per day for paying tax under reverse charge for inward supplies from unregistered taxpayers.
262 – Notification No.5/2017-Central Tax (Rate) dated 28th June 2017 provides the list of items under various chapters where the refund of excess credit is not eligible in cases where the input tax is greater than the outward supplies. http://india-gst.in/wp-content/uploads/2017/06/Rate-5-2017.pdf
261 – Notification No. 13/2017 – Central Tax, states the rate of interest to be paid or received by the taxpayers under CGST. The interest rate in case of delayed payment is 28%, reversal of input tax credit in case of a mismatch, ITC availed before supplier uploads the invoice the interest rate is 24%, in case of delayed refund the interest rate is 6% and in case of refund under adjudication process it is 9%.
260 – As per Notification No. 8/2017-Central Tax dated 27th June 2017, the threshold limit for Composition Scheme has been increased to Rs 75 Lacs in all states and Rs 50 Lacs with states under special category status. Manufacturers of Ice cream and other edible ice, whether or not containing cocoa, Pan masala & All goods, i.e. Tobacco and manufactured tobacco substitutes are not eligible for registration under Composition Scheme.
259 – The list of products on which Reverse Charge is applicable for the supply of goods is given in Notification No.4/2017-Central Tax (Rate), the products on which GST is applicable on reverse charge are Cashew nuts, not shelled or peeled, Bidi wrapper leaves (tendu) & Tobacco leaves if the supplier of goods is Agriculturist. If Silk yarn is being supplied by Any person who manufactures silk yarn from raw silk or silk worm cocoons for the supply of silk yarn, then the registered taxable person has to pay GST on Reverse Charge basis. In the case of supply of lottery tickets by state or local bodies GST on Reverse Charge is to be paid by the lottery distributor or selling agent.
258 – As per Notification No.2/2017-Central Tax (Rate) exemption is available only if the products are not put up in “other than those put up in unit container and bearing a registered brand name”. This means that the products should not be pre-packed and have registered trademark on the packaging under Trademarks Act 1999.
257 – As per Notification No.2/2017-Central Tax (Rate), 149 items are exempted from the CGST on the recommendation of the GST Council which are of public interest. The same can be accessed from here – http://india-gst.in/wp-content/uploads/2017/06/Rate-2-2017.pdf
256 – As per the final return formats, Table 3 in GSTR – 2 will be auto-populated based on the data entered by the supplier’s outward return in GSTR – 1. This table will contain all inward supplies except the inward supplies on account of reverse charge.
255- As per the Final GST Returns, the taxpayer has to enter the aggregate turnover in GSTR – 1 for the previous year in the first year and from the subsequent year the same will be auto populated.
254 – In the Final GST Returns, for the HSN Summary in GSTR – 1, the HSN codes are not mandatory for turnover upto Rs 1.5 Crs and two digits of HSN Code mandatory for turnover from Rs 1.5 Crs to Rs 5 Crs and for turnover above Rs 5 crs, four digits of HSN code are mandatory.
253 – As per the Final Returns, in GSTR – 1, table 13 we have to show the number of documents issued for the tax period i.e beginning of the serial number and end of the serial number and then the difference between the two will give the number of document issued for tax invoice, receipt voucher, refund voucher, delivery challan issue for job work etc.
252 – As per the Final Returns, in GSTR – 1, HSN wise Summary has to be shown for the outwards supplies for the month along with the Unit of Measure, Quantity supplied, total value, taxable value along with the tax amounts for CGST, SGST/ UT GST, IGST and Cess in Table 12.
251 – As per the latest GST Returns, In Table 11 B of GSTR – 1, tax invoice issued during the return filing period will be shown for which advances have been received in the previous months. It will be grouped by rate wise for the interstate and intrastate supplies.
250 – As per the latest GST Returns, In Table 11 A of GSTR – 1, advances received from the customers have to be shown rate wise for the interstate and intrastate grouped by the tax rate. Taxes on these will be added to be output tax liability.
249 – As per the GST Returns Final Formats, in Table 10 of the GSTR – 1, all the debit notes, credit notes, refund vouchers issued for the supplies made for the earlier period has to be shown here. This is for the B2C supplies with value than Rs 2.5 Lacs which are not included in Table 9.
248 – As per the GST Returns Final Formats, in Table 9 of the GSTR – 1, all the debit notes, credit notes, refund vouchers issued for the supplies made for the earlier period has to be shown here. The documents for the B2B and B2C will be shown here.
247 – As per the Final GST Returns Formats, in table 8 of GSTR – 1, supplies for the month has to be classified as Nil Rated, GST Exempted and Non-GST Supplies have to be shown at a summary level for B2B and B2C for interstate and intrastate.
246 – As per the Final Returns Formats, supplies to B2C have to be shown in Table 7 of GSTR – 1, grouped by Tax Rates only for Intrastate and Interstate supplies. In the case of interstate supplies, it has to be grouped by State Code and then by Tax Rates. HSN Code /SAC Code along with Tax paid on provisional assessment from the old formats given in Table 7.
245 – As per Final GST Returns, in Table 6 of GSTR – 1, data for exports / deemed exports and supplies to SEZ should be shown in this table. The columns related to CGST & SGST rates and amount, tax paid on the provisional basis, HSN Code and identification of line as the supply of goods or services have been dropped. Grouping of the data is to be done on the basis of exports / deemed exports or SEZ supplies in the new returns unlike the previous formats of exports with payment of GST and without payment of GST.
244 – As per the GST Return Formats, In table 5 of GSTR – 1, all inter-state outward supplies to B2C has to be shown here. Columns for Recipient’s State Code, Name of the Recipient, HSN Code, Classification of the line as the supply of Goods or Service and Tax paid on the Provisional basis.
243 – In the GST Return Formats approved by the GST Council, there are some changes in the return formats. In Table 4 of GSTR – 1, all outwards supplies to B2B (Business to Business have to be shown and they have dropped the column for HSN codes, provisional assessment.
242 – As per Transitional Rules, if a job worker or agent is not registered under GST, then the principal has to file FORM GST TRAN-1 within 90 days from the appointed date, the closing stock held in form of inputs, semi-finished goods or finished goods.
241 – As per Transitional Rules, if goods are sent on sale or approval basis before the appointed date, the taxpayer has to submit the details of goods sent on sale or approval basis in FORM GST TRAN-1 within 90 days from the appointed date.
240 – As per Transition Rules, an unregistered person claiming input tax credit of Central Excise on the opening stock as on the appointed day, have to file monthly return known as FORM GST TRAN 2 with details of the outwards supplies made for the tax period.
239 – As per Transition Rules, input tax credit of 60% is allowed if the tax rate is above 9% and in other cases 40% of the central tax on the goods laying in stock dealers how are not registered under Central Excise as on the appointed date.
238 – As per Transitional Rules, any registered taxpayer as on the appointed day, who is not registered under the existing law is allowed to take input tax credit on the on the goods for Central Excise or Customs Duties held in stock on the appointed day even though is not in possession of the duty payable documents with him.
237 – As per the Transition Rules, the amount of credit specified in the FORM GST TRAN-1 shall be credited to the electronic credit ledger maintained by the common portal in FORM GST PMT-2.
236 – As per the Transitional Rules, every taxpayer opting to take input tax credit under Section 140 of CGST Act is required to file FORM GST TRAN-1 within 90 days from the appointed date. The same can be extended for another 90 days by the commissioner on recommendations of the GST Council.
235 – As per the Tax Invoice, Credit and Debit Note Rules, in case of supplies provided by banking company, insurer or non-banking financial company or telecom operator or any other class of suppliers as specified by the government from time to time can issue the tax invoice for the services provided to distinct persons as specified in section 25, on the date it enters it in its books of accounts or within the completion of the quarter during which supply is made.
234 – As per the Tax Invoice, Credit and Debit Note Rules, a transporter is required to issue a tax invoice or any other document in lieu of tax invoice but should contain the following information gross weight of the consignment, name of consignor, consignee, registration number of the vehicle carrying goods, description of the goods, details of the starting place and final delivery place of the goods, registration number of the consignor, consignee or transporter who is liable to pay tax along with other information as per Rule 1.
233 – As per the Tax Invoice, Credit and Debit Note Rules, in case of supplier who is giving passenger transportation services, a tax invoice shall include ticket in any form, by whatever name called, whether or not serially numbered, and whether or not containing the address of the recipient of service but should contain other information related to tax invoice.
232 – As per the Tax Invoice, Credit and Debit Note Rules, an insurer, banking company or financial institution or non-banking company are exempted from serial numbering & address of the recipient to be shown on tax invoice or any other document issued physically or electronically to the customers for the service charges levied for services but it should contain all other information required to be shown on the tax invoice.
231 – As per the Tax Invoice, Credit and Debit Note Rules, released for GST on 18th May 2017, as per Rule 5 at the time of creation of receipt voucher, if the nature of supply is not known, then the supply will be determined as inter-state supply and IGST should be levied.
230 – As per the Tax Invoice, Credit and Debit Note Rules, released for GST on 18th May 2017, as per Rule 5 at the time of creation of receipt voucher, if the tax rate is not determinable, then the tax rate to be considered is 18%.
229 – As per the Tax Invoice, Credit and Debit Note Rules, released for GST on 18th May 2017, the document issued like Tax Invoice, Bill of Supply, Receipt Voucher, Payment Voucher, Refund Voucher, Delivery Challan, Revised Tax Invoice, Debit / Credit Notes & Tax Invoice in special cases should be unique for a financial year and the length should not exceed 16 characters.
228 – As per the Tax Invoice, Credit and Debit Note Rules, released for GST on 18th May 2017 a “Payment Voucher” as per Rule 7 has to be issued at the time of making payment to the supplier under reverse charge.
227 – As per the Tax Invoice, Credit and Debit Note Rules, released for GST on 18th May 2017, on receipt of advance from customer for supply of goods or services or both under GST for future supply a receipt voucher is being issued by the recipient to account tax, if the same supply is not executed for some reason or other, the recipient has to return the money to the customer which is taken as advance and for this a new document has to be issued known as refund voucher along with the tax amount to the customer. The data elements to be shown on refund voucher are given in Rule 6.
226 – As per the CGST Act, the government on the recommendation of the GST Council can increase the threshold limit for composition levy from Rs 50 Lacs to maximum Rs 1 Cr through a notification.
225 – As per Composition Rules, a taxpayer registered under composition scheme is required to file FORM GST CMP-04 if he ceases to follow any of the rules as per the act or rules within 7 days of such event and then issue a regular tax invoice.
224 – As per the Composition Rules, every person registered under composition scheme should mention “composition taxable person” on every notice or signboard displayed at a prominent place at his principal place of business and at every additional place or places of business.
223 – As per the Composition Rules, a person is not eligible to take registration under the composition scheme if he is required to pay taxes under reverse charge on the closing stock or if he is having goods imported from any place other the state outside the state from where is he opting to take registration under composition scheme.
222 – As per the Composition Rules, a person who is registered as a casual taxable person or non-resident taxable person cannot apply for registration under GST for composition taxpayer.
221 – As per Composition Rules, the person who wants to pay tax under Composition Scheme has to file FORM GST ITC-3 for within 60 days to identify and pay the amount of ITC to be reversed on the closing stock of finished goods, capital goods or inputs, semi-finished goods on which input tax credit has bee availed.
220 – As per the Composition Rules, any taxpayer who has been provided provisional registration, have to file an intimation in FORM GST CMP-01 if he opts to pay tax under composition scheme on the common portal or through GST facilitation center notified by the commissioner prior to appointed day or within 30 days from appointed day.
219 – As per the Composition Rules, every person registered as Composition person under GST on the bill of supply issued by him has to mention the words “composition taxable person, not eligible to collect tax on supplies”.
218 – As per the Determination of Value of Supply Rules, “supply of goods or services or both of like kind and quality” means any other supply of goods or services or both made under similar circumstances that, in respect of the characteristics, quality, quantity, functional components, materials, and reputation of the goods or services or both first mentioned, is the same as, or closely or substantially resembles, that supply of goods or services or both.
217 – As per the Determination of Value Supply Rules, Open Market Value has to be considered for some transactions and OMV is “open market value” of a supply of goods or services or both means the full value in money, excluding the integrated tax, central tax, State tax, Union territory tax and the cess payable by a person in a transaction, where the supplier and the recipient of the supply are not related and price is the sole consideration, to obtain such supply at the same time when the supply being valued is made.
216 – As per the Determination of Value of Supply Rules, the formula is given to derive the tax amount from the total value of supply in cases where the value of supply includes GST taxes. Tax amount= Value inclusive of taxes X tax rate in % of IGST or as the case may be CGST, SGST or UTGST divided by (100+ sum of tax rates, as applicable, in %).
215 – As per the Determination of Value of Supply, in the case of insurance premiums, the value of supply for determining GST will be 25% of the premium charged for the first year and 12.5% from the subsequent years only if the policyholder is aware of the amount to be allocated for investment or other than single premiums.
214 – As per the Determination of the Value of Supply Rules, the value of supply in case of single premium policies, the value of supply is 10% of the premium paid by the policyholder.
213 – As per the Draft Determination of Value of Supply, there are specific provisions for the insurance premiums. The value for determining the supply is the premium amount paid by the policyholder reduced by the amount allocated for investment if the investment amount is made available to the policyholder before only.
212 – As per the draft rules for Determination of Value of Supply, the tax rate in GST for the purchase of the domestic air tickets is at the rate of 5% and in the case of international flight tickets, it is 10% at the same is computed on the basic fare of the ticket.
211 – As per the Draft Determination of Value of Supply in the case of exchange of foreign currency notes into INR, the value shall be equal to the difference in the buying rate or the selling rate, as the case may be by the Reserve Bank of India (RBI) reference rate for that currency at that time, multiplied by the total units of currency to derive the value of supply.
210 – As per the Draft Determination of Value of Supply Rules, valuation in case of related parties or distinct parties or through an agent, the value of supply of goods or services or both is the open market value, if the same is not available then the value of same or similar quality of goods or services and in case if the same is not available then it can be derived based on cost plus 10%.
209 – As per the draft Determination of the Value of Supply, if the open market value is not known or the total amount of consideration in money or kind is also not known at the time of supply, valuation can be determined for the value of supply of goods or services or both on supply of similar goods or services for similar quality.
208 – As per the draft Determination of Value of Supply, for a supply, if the open market value is not available then the consideration received in cash or in kind or sum of both is to be considered for the transaction value and taxes are applicable on the transaction value.
207 – As per the draft Determination of Value of Supply Rules, where the supply of goods or services is for consideration not wholly money, the value of supply shall be the open market value.
206 – As per the Draft Input Tax Credit Rules, when regular taxable person changes to composition scheme, for the capital goods remaining in stock the input tax credit to be reversed, is based on the residual life of the asset as 5 years and input tax credit will be computed on pro-rata basis for the remaining life of the asset.
205 – As per Draft Input Tax Credit Rules, the taxpayer who has registered for GST as regular taxpayer now opts for Composition Scheme, then the input tax credit has to paid in FORM GST ITC-03 as output tax liability for the inputs lying in stock, and inputs contained in semi-finished and finished goods lying in stock, the input tax credit shall be calculated proportionately on the basis of corresponding invoices on which credit had been availed by the registered taxable person on such input.
204 – As per the Draft Input Tax Credit Rules, details of the delivery challan sent to a job worker and received back from the job worker in a tax period has to be shown/submitted in the outward monthly return FORM GSTR-1.
203 – As per the Draft Input Tax Credit Rules, Input Tax Credit is available only if the registered person has issued the tax invoice for the supply of goods or services as given in the Revised Invoice Rules and the same is furnished in the GSTR – 2 of the recipient and GSTR -1 of the supplier of goods or services are matched.
202 – As per the Draft Input Tax Credit Rules, input tax credit on capital goods is allowed if the same are used exclusively for the supply of taxable goods including zero-rated goods. If they are used partially for the exempted goods and taxable goods, then ITC has to be taken the basis of Rule 8.
201 – As per the Draft Input Tax Credit Rules, the registered person on sale, merger, de-merger, amalgamation, lease or transfer or change in ownership of business for any reason, furnish the details of sale, merger, demerger, amalgamation, lease or transfer of business, in FORM GST ITC-02 on common portal electronically for the transfer of the Input Tax Credit balance in his electronic credit ledger to the transferee.
200 – As per the Draft Input Tax Credit Rules, the Input Service Distributor will issue an ISD invoice clearly indicating on the invoice that it is issued only for distribution of input tax credit.
199 – The input service distributor (ISD) will distribute the credit to all the recipients where the inputs are consumed on pro rata on the basis of the turnover. The recipient can be registered under GST or not registered under GST or engaged in making exempt supply.
198 – As per the Draft Input Tax Credit Rules, Input tax credit can be availed only the debit note issued by the supplier of goods or services or both and the taxable value or tax charged in that tax invoice is found to exceed the taxable value or tax payable in respect of such supply, or where the goods supplied are returned by the recipient, or where goods or services or both supplied are found to be deficient. This means the recipient cannot issue a credit note under GST and adjust the tax for any of the above-said reasons.
197 – As per the draft e-waybill rules released there is a time limit/shelf life for the each and every e-waybill issued through the common portal. The time limit is determined based on the distance like 1 day if the distance is 100 Kms and the same is extended to 15 days if the distance is beyond 1000 kms. Details can be accessed from here.
196 – As per the Draft e-waybill rules, When the physical verification of goods being transported on any conveyance has been done during transit at one place within the State or in any other State, it will not be verified again during the journey unless there is specific information relating to evasion of tax is made available subsequently.
195 – As per the Draft E-waybill rules, during the transit of the material, if the vehicle is intercepted and detained for more than 30 minutes by the inspection authorities, the transporter can lodge a complaint online with all the details on the common portal using the FORM GST INS – 04.
194 – As per the Draft e-waybill rules, the transporter or the person carrying the goods or conveyance should carry the tax invoice or delivery challan or bill of supply along with the copy of e-waybill or e-waybill number mapped to RFID device.
193 – As per the draft e-waybill rules, on the generation of the e-waybill on the common portal using the FORM GST INS-01, a unique e-waybill number (EBN) shall be made available to the supplier, recipient of goods and the transporter.
192 – Every registered tax payer has to issue an electronic waybill aka e-waybill if the consignment value is more than Rs 50,000 (fifty thousand) for the following cases, a) in relation to a supply, b) for reasons other than supply (job work, moving out machinery for repairs) and c) on purchases/supplies from unregistered persons.
191 – The last set of FORM GST MIS forms as per GST Revised Returns Rules are FORM GST MIS-5 & FORM GST MIS-6. These are issued by the common portal if there is any discrepancy between the data of the supplier and the e-commerce portal uploaded in the respective returns. The discrepancy will be communicated to the supplier in FORM GST MIS-5 and the e -commerce operator in FORM GST MIS-6.
190 – Under the Revised GST Return Rules, FORM GST MIS – 4 will be generated by the common portal to show the reduction of the output liability on account of rematching of records of the recipient.
189 – One more form is given in the Revised GST Returns Rules, FORM GST MIS – 3 will show data for the records which are initially mismatched and rejected and later on matched resulting in the reduction of the output liability will be shown in the report FORM GST MIS – 3.
188 – Another new form “FORM GST MIS-2” has been introduced in the Revised Return Rules. This form will be issued to the supplier of the goods and services in cases of mismatch between the supplier’s and recipient’s records in cases where the recipient has claimed excess input tax credit or the supplier has not uploaded his records in the GSTR – 1.
187 – A new form has been introduced in the Revised Return Rules called FORM GST MIS – 1, and this form will be made available on the common portal. It will contain the list of invoices which are matched by the supplier’s records, re-credit is taken on input tax on account of matching subsequently, re-credit on making suppliers payment where ITC is reversed for non-payment, excess ITC claimed or when the claim is taken twice on the same invoice.
186 – As per the CGST Act, every taxpayer/registered person has to maintain books of accounts or other records for 72 months i.e for 6 years from the due date of furnishing of the annual return.
185 – As per CGST Act, all taxes, levies, and charges collected from the buyer should be part of the valuation except for the taxes under GST (SGST UTGST & Cess), if buyer and seller are not related parties.
184 – As per the CGST Act, a receipt voucher can be issued for recording the receipt of advance from the customer under GST, as taxes are applicable on receipt of money under GST for the supply of goods and services.
183 – The tax rate for Cess under GST as part of the Goods and Services Tax (Compensation to States) Act, 2017, starts from 15% to 190% in case of sin goods on ad valorem basis and in the case of goods, it is on per ton basis like coal, peat etc at the rate of Rs 400 per ton.
182 – Input tax credit for cess being levied under Goods and Services Tax (Compensation to States) Act, 2017, is eligible only for the making the output tax liability of the Cess under the same act and not for payment of any other taxes output liability under GST.
181 – Under the Goods and Services Tax (Compensation to States) Act, 2017, Cess will be levied on all interstate and intra-state transactions on the supply of goods and service notified by the GST council from time to time. Cess is not applicable to be paid by persons who have opted for registration under composition scheme.
180 – As per the CGST Act, The time of supply for interest, late fee or penalty for delayed payment of any consideration is the date on which the payment is received by the supplier but not on the date on which the suppliers raises the debit note.
179 – In the CGST Bill as introduced in the Parliament, for registration under the Composition levy, prior permission of the tax officials is removed and also the tax rates have been reduced. The revised maximum rates for manufacturing is 1% previously it was 2.5%, in other cases (traders) it is 0.5% previously it was 1%. In the case of restaurants, the rate should not be more than 2.5%.
178 – As per the GST Bills introduced in the Parliament, the taxpayer has to pay GST on the gifts given to the employees if the value of the gifts is more than Rs 50,000 worth in a financial year.
177 – Under Composition Scheme, the threshold limit is Rs 50 Lacs, the same can be increased up to a maximum of Rs 1 Crore basis on the recommendation of the GST Council.
176 – Composition Scheme under GST is not eligible if the person is having any interstate supplies or supplies to e-commerce operators or supply of services other than supplies referred to in clause (b) of paragraph 6 of Schedule II.
175 : Input tax credit with respect to a banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances have an option to claim only 50% of the GST taxes paid as Input Tax Credit. Alternatively, they can avail input tax credit to the extent excluding the services used for exempted and zero rated supplies.
174 – Input tax credit availed has to be reversed as output tax liability if the supplier of goods or services is not paid within 180 days from the date of issue of the tax invoice.
173 – In the revised Invoice Rules, the time limit for issue of tax invoice is given as 30 days from the date of supply of service and in the case of an insurer or a banking company or a financial institution, including a non-banking financial company, the time limit is 45 days from the supply of service.
172 – A special provision is provided in the Revised Invoice Rules, wherein the supplier of goods can ship the same in different consignments in the case of transportation of goods in a semi-knocked down or completely knocked down condition. Complete tax invoice has to be issued before the removal of the goods, and endorsed copy of the tax invoice should be accompanied with all the consignments along with the delivery challan, the original copy of the tax invoice should be sent at the time of final removal of goods.
171 – As per the Revised Invoice Rules released on 1st April, now special characters like “/” or “-” are allowed in the numbering of the Tax Invoice in GST. It is also clearly mentioned in the rules that multiple series can also be maintained for tax invoice numbering in GST.
170 – As per the revised Invoice Rules, Delivery challan can be issued in place of tax invoice during the transportation of goods for job work or for repairs of machinery or in the case of supply of liquefied gas or as may be notified by the GST Council from time to time.
169 – Input tax credit availed on provisional basis has to be reversed if the supplier has not paid the input tax credit along with interest for the period from the date of availing ITC to the reversal. The same be taken if the supplier pays the tax but in the new GST Law released looks like the interest paid will not be allowed to the recipient which means a cost.
168 – The definition of “manufacturer” having reference to the existing reference of Central Excise Act 1944. The new definition of manufacture is “manufacture” means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term “manufacturer” shall be construed accordingly.
167 – A new definition of Family has been added in the revised CGST Law and family includes spouse, children, parents, grandparents, brother, sister if they are wholly dependent on the person.
166 – Union Territory GST is applicable for the supply of goods and services within the Union territories. It applies in the following places (a) the Andaman and Nicobar Islands, (b) Lakshadweep, (c) Dadra and Nagar Haveli, (d) Daman and Diu, (e) Chandigarh & (f) other territory. With the addition of the clause “f” in the definition, future is safeguarded.
165 – The definition of “address of delivery” has been changed, the wording of “by a taxable person” has been replaced with “by a registered person” and new definition has been added for “registered person”. A Registered person includes all who are all required to take registration under GST except for persons having been issued “Unique Identification Number”.
164 – The definition of “agriculture” has been dropped and the definition for “agriculturist” has been changed. Now “agriculturist” includes, who cultivates land on his own or with the help of the family or by employing from outside by payment of wages in cash or in kind.
163 – Goods and Service Tax is applicable whole of India except in the state of Jammu and Kashmir. Definition of India is added in section 2 and it is as per article 1 of the Constitution of India.
162 – The maximum tax rate applicable under CGST ss 20% , for IGST the tax rate cannot exceed 40% and for the UT GST Bill the max rate is given as 20% as per the CGST Bill, IGST Bill and UT – GST Bill introduced in the Parliament on 27th Mar 2017.
161 – Tax Invoice under GST has to be issued in Three Copies for the supply of goods, first one is to be marked as “ORIGINAL FOR RECIPIENT”, the copy second should be marked as “DUPLICATE FOR TRANSPORTER” and the third copy should be marked as “TRIPLICATE FOR SUPPLIER”.
160 – The tax invoice numbering under GST should be alpha or numeric or alpha-numeric. It should not contain any special characters like “/” or “-” etc., and for each year the number should be a unique number and the length of the invoice number less than or equal to 50 characters.
159 – Every tax invoice issued by the taxpayer under GST should have HSN (Harmonized System Nomenclature) Code in the case of supply of goods and in the case of supply of services SAC (Services Accounting Code)
158 – Relevant date in the following cases for refund under GST
a) in the case of unutilized input tax credit, last day of the financial year
b) in the case of a person, other than the supplier, the date of receipt of goods or services by such person;
c) in any other cases, the date of payment of tax
157 – Relevant date for the refund in case of on account of a judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any Court, the date on which the same is communicated will be the relevant date.
156 – In the case of export of services, input tax refund is available on the inputs used for the same. The relevant date for refund is a) receipt of payment in convertible foreign exchange, where the supply of service had been completed prior to the receipt of such payment; or b) the date of issue of invoice, where payment for the service had been received in advance prior to the date of issue of the invoice.
155 – Relevant date for the refund in case of deemed exports is the date on which the return relating to such deemed exports is filed.
154 – Relevant date for the refund in case of export of goods by land is the date on which the goods pass the border and in the case of export of goods by post is the date on which the goods are dispatched by the concerned post office to place outside India.
153 – For processing of refund relevant date plays a key and it determines the eligibility of the refund to be processed. The relevant date for goods exported by sea or air, is the date on which the goods are loaded on the ship or the date on which the goods leave India.
152 – The concerned officer who is approving the refund order may deduct the amount which is due to be paid to the applicant, if there are any amounts pending to the GST authorities in form of penalty or interest or late fee or any tax due and pay the balance amount if any remaining. The amount will be deducted only the same is not stayed by any court or tribunal.
151 – In the case of refund filed by the taxpayer for export of goods and services, the provisional refund will be issued within 7 days for 90% of the amount will be issued on accepting the application of the refund within 15 days from the filing of the refund application.
150 – Taxpayers will apply for the refund of GST for any of the following reasons Excess balance in Cash ledger, Exports of goods or services, Supply of goods or services to SEZ/EOU, Assessment or provisional assessment or Appeal or Order No and for ITC accumulated due to inverted duty structure.
149 – Refund under GST can be claimed if there is balance in cash or in credit ledger after payment of tax, interest, penalty, fee or any other amounts payable under GST. Refund has to be filed online using the form FORM-GST-RFD-01.
148 – As per November 2016 Model GST Law, the taxpayer has to file for refund within 2 years in all cases except by United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947), Consulate or Embassy of foreign countries where the time limit is 6 months if they want to claim refund of tax paid by them on their inward supplies.
147 – GSTR – 11 has to be filed by all taxpayers who have been issued Unique Identification Number under GST if they want to claim the refund by 28th of the next month on their inward supplies.
146 – GSTR – 10 is a Final Return to be filed by the taxpayer when he surrenders his tax registration number. The return will show a statement of input tax credit to be paid on the closing stock on which input tax credit has been availed previously when goods were purchased.
145 – GSTR – 9A is an annual return to be filed by the Compounding Taxable Person. In Section 5 of the return details relating to the inward supply of goods and service without reverse charge, with reverse charge, import of goods and services along with the expenses for each ledger account has to be provided.
144 – In Annex – 12 of GSTR – 9b, the taxpayer has to furnish a reconciliation statement between the financial results and the GST Returns for TDS deducted along with the reasons if there are any differences for all the taxes applicable under GST.
143 – In Annex – 11 of GSTR – 9b, the taxpayer has to furnish a reconciliation statement between the financial results and the GST Returns for the Balances as on date of financial statements (Input Tax Credit along with the reasons if there are any differences for all the taxes applicable under GST.
142 – In Annex – 10 of GSTR – 9b, the taxpayer has to furnish a reconciliation statement between the financial results and the GST Returns for the Balances as on date of financial statements (GST payable) along with the reasons for all the taxes applicable under GST.
141 – In Annex – 9 of GSTR – 9b, the taxpayer has to furnish a reconciliation statement between the financial results and the GST Returns for the Amounts paid under protest/ as pre-deposit against demand along with the reasons for all the taxes applicable under GST.
140 – In Annex 8 of GSTR – 9b, a reconciliation statement for the refunds has to be provided between the financial statements and GSTR Returns. It has to show the opening balance of refunds to be received, refund claimed during the year, refund claim received during the years and refund claims to be received at end of the year.
139 – In Annex – 7 of GSTR – 9B, a reconciliation statement for the TDS deducted as per the deductor and as per the financial statements has to be furnished along with the reasons if there are any differences for all the taxes under GST wherever TDS is applicable.
138 – In Annex 6 of GSTR – 9b, the taxpayer has to provide a reconciliation statement between the tax deposited through challans and tax deposit in the books of accounts along with reasons for all the applicable taxes under GST.
137 – In Annex 5 of GSTR – 9B, a reconciliation statement for Payment of Tax liability on output supply and supplies liable to reverse charge between the annual return and the financial statements has to be provided along with remarks. It will show the utilization of cash, input tax credit and TDS credit used for payment for output liability.
136 – In Annex 4 of GSTR – 9B, reconciliation statement for the Input Tax Credit availed has to be shown between the GST Return and the financial statements for inputs tax availed on interstate supplies, intrastate supplies, imports and purchase returns.
135 – Summary details for the differences between the Annual Return and as per the Published Financial Statements for the outward supplies for Tax Liabilities on Interstate supplies, Intrastate Supplies, Exports, Sales returns, and Supplies liable for Reverse Charge along with remarks in Annex 3 of GSTR – 9B.
134 – In Annexe 2 of GSTR – 9B, the effective turnover per state (inward supplies ) has to be furnished and it is derived like this Total turnover as per financial statements ( as per financial statements)
Less: Turnover pertaining to other States ( as per financial statements)
Add: Turnover of stock transfer inward
Effective turnover for present State(Derived value)
133 – In Section B of Annex 2 of GSTR – 9B, the taxpayer has to show additional information which is not included in the Financial Statements like the amount has to be incurred by supplier but the recipient has paid the same, inward supplies at a reduced price, royalties or licence fee to be paid by the recipient but paid by the supplier, incidental expenses incurred by the supplier, out of pocket expenses, subsidies received or any other taxes or levied paid other that taxes under GST.
132 – In Annexe 2 of GSTR – 9B, the taxpayer has to furnish a reconciliation statement for the inward supplies made in a particular state to the financial statements with the following details, supplies for which consideration is paid, and under barter, supplies to related parties, transactions carried out as a pure agent or money exchanger and other supplier notified by the State and the Central Government from time to time, all these details should be provided in Section A.
131 – In Annexe 1 of GSTR – 9B, the effective turnover per state has to be furnished and it is derived like this
Total Turnover as per Financial Statements
Less : Turnover of other states
Add : Inward Stock Transfer
This is to be computed for each GSTIN and filed along with the annual return GSTR – 9.
130 – In Annexe – 1 of the GSTR – 9B, the data related to Revenue has to be furnished. In Section D ( Adjustments (Differences on account of time of supply)) the taxpayer has to show the Opening Unbilled Revenue and the Closing Unbilled Revenue.
129 – In Annexure 1 of GSTR -9B, the taxpayer has to furnish a reconciliation statement for the outward supplies made in a particular state to the financial statements with the following details, supplies made under barter, supplies to related parties, transactions carried out as a pure agent or money exchanger and other supplier notified by the State and the Central Government from time to time, all these details should be provided in Section A of Annexure -1.
128 – Similar to the sales details shown in the Income Sheet of GSTR – 9B, inward supplies have to be shown in Expenditure sheet along with the unit of measure and quantity. Also, reconciliation has to be provided for expenditure as per the P & L at the legal entity level and expenses at the state level basis of accounting head.
127 – In GSTR -9B, the taxpayer has to give the differences between the supplies furnished in the GSTR – 9 and the audited financial statements for Inter-State supplies, Intra-state supplies, exports on which GST is not paid, and sales return in Income Sheet. In the income sheet details of other incomes on which GST is not applicable with reference to ledger accounts.
126 – Along with the annual return GSTR – 9, the taxpayer has to file the reconciliation statements in GSTR – 9B. The format of the reconciliation statements is given in xls and it has 16 sheets apart from the declaration from the Statutory Auditor. The format of the GSTR – 9B -http://india-gst.in/wp-content/uploads/2016/09/gstr_9b-26092016.xlsx
125 – In the Annual Return GSTR – 9, the taxpayer is also required to furnish information relating to other amounts payable to the department on the orders received by him. This information has to be shown in Section 8 of GSTR – 9, details of the order, tax payable, interest, penalty and status of the order.
124 – In the annual return GSTR – 9, the taxpayer has to show the status of the refund also. In Section 7 B, they have to show the date of claim, date of filing o refund, the amount of refund along with the status of the refund.
123- In GSTR-9, a reconciliation statement has to be furnished month wise for the taxes paid and payable as per the audited financial statements. The reconciliation statement will show the if there is any difference for the tax payable and paid along with the interest and penalty. This information will be shown in Section 7 of GSTR – 9.
122 – In GSTR – 9 the taxpayer has to give the declare if he is eligible for the statutory audit, if yes, then the taxpayer has to furnish the details of “Date of Statutory Audit” and the name of the Auditors.
121 – Annual Return GSTR – 9 has to be prepared, from the audited results of the tax taxpayers. A reconciliation statement for the inward supplies and outward supplies for each registration number along with expenses for each GSTIN (GST registration number) basis of the audited financial statements has to be filed.
120 – Every registered tax payer under GST has to file an annual return called GSTR – 9. This return has to be filed by every tax payer expect by the ISD (input service distributor) by 31st of December of the next year. Say for example Annual return for FY 2016 -17 has to be filed by 31st December of 2017.
119 – The tax payer who has obtained registration as non-resident tax payer has to file his return GSTR – 5, earliest of the following dates, within 20 days from the end of the month or seven days after the validity of his registration period electronically.
118 – A Non-resident taxable person has to file the GSTR-5 return showing all the details of inward supples, outward supplies along with any interest or penalty, fees or any other amount liable.
117 – A non-resident taxable person is required to apply for registration at least 5 days prior the commencement of business in India in a trade show or an exhibition. The non-resident taxable person has to apply for registration filing the form “GST REG-10”.
116 – Under GST, a non-resident taxable person i.e a foreign person how is not having any fixed place of business in India has to obtain registration for the period of his business tenure in India, either in the capacity of principal or agent and file returns accordingly for the business transactions carried during that period i.e for inward / outward supply of goods and services and pay GST on it accordingly.
115 – Registered Tax Payers liable to deduct Tax Deduction at Source (TDS) under GST, will be required to file a monthly return for the tax deducted under GST in GSTR – 7. A certificate of tax deducted is issued by the deductor to the deductee through GSTR – 7A, which can be downloaded from common portal.
114 – Input Service Distributor has to file a return known as GSTR – 6 every month within 13 days from the end of the month. It will contain all the taxes invoices issued during the month along with the input credit received details during the month.
113 – In the GSTR Returns, the matching of the buyers and sellers invoices is done in the following manner first by matching (a) GSTIN of the supplier (b) GSTIN of the recipient (c) Invoice/Debit Note date (d) Invoice/Debit Note number (e) Taxable value (f) Tax amount. If all attributes are matched, once supplier makes the payment of taxes, the same will be updated in the buyers Electronic Credit Ledger.
112 – GSTR – 4A is a return in which all the inward supplies of the Composition Tax Payer are auto-populated from the outward supplies of the tax payers who supplied goods and services to the Composition Tax Payer. The data is auto populated from the supplier GSTR – 1 GSTR – 7. Surprisingly the data does not come from GSTR – 6(Input Service Distributor’s return) & GSTR – 8 (Return filed by e-commerce operator). Need more clarity on this.
111 – GSTR – 4 is the quarterly return to be filed by the tax payers who have opted for the Composition Scheme under GST. The tax payer how has registered under Composition scheme will file only return per quarter compared to three returns filed by regular tax payer every month.
110 – Part B of the GSTR – 3 will be auto-populated for Tax, Interest, late fee, penalty from Cash Ledger and Input Tax Credit Ledger in GSTR – 3.
109 – GSTR – 3 is a monthly return to be filed on basis of the finalized data of outward supplies i.e GSTR – 1 and inward supplies i.e GSTR – 2 along with the amount of tax, interest, late fees and penalty paid for the month.
108 – GST Tip – 108 : GSTR – 2A data will be auto-populated based on the data filed in GSTR – 1(outward supplies return filed by the supplier), GSTR – 6 (Quarterly return filed by the Input Service Distributor), GSTR – 7 (Monthly return filed by the Tax Deductor) & GSTR – 8 ( Monthly return filed by the tax collector at source (e-commerce operator) in various tables.
107 – In GST, there will be some cases where the input tax credit availed has to be reversed like if the buyer has taken on provisional basis and supplier has not paid the tax or input tax credit availed on inward supplies but the same were used in supply of exempted goods, then Input tax credit availed has to be reversed along with the reason for reversal in Table 14 of GSTR – 2
106 – In table 13 of the GSTR – 2, the tax invoices issued during the month should be shown after adjusting any advances paid during previous months. The tax invoice issued during this month should be shown only for the net amount of tax payable.
105 – Advances paid for supplies falling under Reverse Charge are to be shown in Table 12 of GSTR – 2. For each and every advance being uploaded here, a unique identification number will be generated by the GSTN for the advances paid for supplies falling under reverse charge where invoice is not received.
104 – Table 11 of GSTR – 2 will show the invoices for which input tax credit has been taken partially in the previous returns. This is for capital goods where 100% credit is not available like telecom towers, pipe line or in banking , financial institution or non-banking financial company. The balance credit is auto populated based on the tax invoice number selected.
103 – The amount of tax recovered by the e-commerce operator as collection of tax at source (TCS) should be shown in Table 10(2) of GSTR – 2. It is applicable only when the goods or services are supplied through e-commerce operator. TCS Taxes eligible for ITC are TCS_IGST, TCS_CGST and TCS_SGST.
102 – If a tax payer is also registered as Input Service Distributor, the Input Tax Credit transferred from ISD through Tax Invoice will be auto populated in Table 9 of GSTR – 2.
101 – GST Tip – 101 : Inward supplies from Composite Tax Payer, Un Registered Tax Payer, Non-GST Inward Supplies, Nil Rated Supplies and Exempted Supplies should be shown in Table 8 of the GSTR – 2 at a summary level for both inter state and intrastate supplies.
100 – In GSTR – 2, the total amount of Input Tax Credit (ITC) available should be shown for each and every transaction and also the amount of ITC eligible / available for credit during the month. This has to be shown for inward purchases from registered tax payers for domestic transactions and for import of goods and services.
99 – Tax Deducted at Source under GST will be shown in Table 10 of GSTR – 2, basis of the return filed by the deductor in the return GSTR – 7. The amount of TDS deducted under TDS_CGST, TDS_SGST and TDS_IGST will be eligible for ITC and can be utilized for payment of output tax liability.
98 – GST Tip – 98 : GSTR – 2 return is for inward supplies of goods and services and it has to be filed by 15th of next month. Data in GSTR – 2 will be auto populated based on GSTR – 1 & GSTR – 5.
97 – Table 9 of GSTR -1 shows the summary of the outward supplies for both goods and services grouped by supplies within the state and outside the state for Nil Rated, Exempted and Non-GST Supplies.
96 – In table 14 of the GSTR – 1 report, starting number and ending number of each series of tax invoice has to be shown along with the net number of tax invoices issued and number of tax invoices canceled. Though the model GST Law or Draft invoice rules have no provision for cancellation of tax invoice, GSTR – 1 has provision to report the same.
95 – Supplies made through the e-commerce portals to Business to Consumer (B2C) should be shown in table Part 2 of Table 13 of GSTR – 1. The data shown here will not be considered for computation of the turnover as supplies B2C is already shown in Table 6 & 7. Ideally, there is no requirement to show data here separately, the merchant id issued by the e-commerce operator could be added in the tables 6 & 7 to avoid confusion to the tax payer.
94 – All the supplies made to registered taxable persons through e-commerce operators, data reported in table 5 of GSTR – 1, will be auto populated in table 13, part 1 of GSTR – 1.
93 – Exports out of India and deemed exports have to be reported in Table 10 of GSTR – 1 along with the Shipping Bill or Bill of Export under the categories of exports with payment of duties and without payment of duties.
92 – GST Tip – 91 : In GSTR – 1, all the supplies made to B2C ( Business to consumer) less than Rs 2.5 lacs in the month, for both Intra-state supplies and inter state supplies have to be shown in table 7 by HSN / SAC Code. The tax invoice number or customer name is not required to be shown in the return.
91 – After the Receipt of advance from the customer, the tax invoice issued by the supplier and the recipient or customer cannot take input tax credit from this tax invoice/receipt voucher. The input tax credit can be taken on the tax invoice issued for the supply of goods or services for the whole value of the supplies including the tax paid on the advance. The tax invoice issued during the supply of goods or services has to be reported in Table 12 of the GSTR – 1, along with the reference number issued during the receipt of advance.
90 – As per the time of supply under GST, receipt voucher / tax invoice has to be issued at the time of receipt of advance from the customer (for supply of goods or services) and it has to be uploaded on the GST Portal which will issue a unique reference number for each of the documents and the same has to be reported in table of GSTR – 1.
89 – In GSTR -1, transaction level detail with the invoice number has to be shown in case of all B2B transactions, B2C transactions with invoice value above Rs 2.5 Lacs for supplies to customers outside the state and in case of B2C transactions for supplies within the state or outside the state (less than Rs 2.5 Lacs) summary by HSN / SAC has to be shown along with the tax rates and amounts.
88 – Services Accounting Code (SAC) is mandatory to be shown on the tax the invoice for the supply of services and also in the GSTR – 1 return.
87 – In GSTR – 1, Harmonized System of Nomenclature for goods (HSN) should be shown mandatorily for exports. HSN is not mandatory for taxable person whose aggregate turnover is less than 1.5 crores. HSN shall be restricted to maximum 8 digits. If gross turnover in the previous financial year is greater than Rs 5 crore, HSN should be a minimum of 4 digits. If gross turnover in the previous financial year is equal to or greater than Rs 1.5 crore and less than Rs 5 crores, HSN should be a minimum of 2 digits and would be mandatory from the second year of GST implementation.
86 – In GSTR -1 state code of the buyer has to be shown in case if the buyer and seller are in different states. Customer’s name also has to be shown in the case of B2C transactions if the invoice value is more than Rs 2.5 Lacs.
85- In GSTR – 1 all credit notes/debit notes issued by the supplier to the recipient on account of the difference in tax rate or taxable value or goods returned by the recipient. The credit note should have the reference of the original tax invoice.
84 – The details of the corrections made by the recipient in his inward supplies return GSTR – 2 like additions, deletions and corrections will be made available to the supplier in the GSTR – 1A after 10th i.,e after the due date of filing of the GSTR – 1 by the supplier of goods or services.
83 – The monthly outward return GSTR -1 has to be filed with the data relating to exports, sales to e-commerce operators and receipt of advances from customers. Transaction-level data has to be filed unlike in the current reporting at summary level as in ER -1, ST-3 Etc.,
82 – The outward return GSTR -1 has to be filed by 10th of the subsequent month and it should contain all the tax invoices issued, revised invoices, debit notes and credit notes for the supply of goods and services made during the month.
81 – Every tax payer who has collected tax under GST other than composite tax payer, TDS Deductor, e-commerce operator has to file monthly outward supplies return i.e GSTR -1 by 10th of the next month.
80 – The amount of tax deducted by e-commerce operator and filed in return GSTR-8 will be available to the concerned taxable person in Part D of GSTR 2A electronically through the Common Portal and such taxable person may include the same in FORM GSTR-2.
79 – E-commerce operator has to file GSTR – 8 on monthly basis with the details of the TCS Recovered from various suppliers, tax recovered, tax paid etc.,
78 – The amount of TCS_GST recovered / deducted by the e-commerce operator is eligible as input tax credit for the registered tax payer under GST.
77 – Collection of Tax at Source or TCS_GST is applicable based on section 56 of the Revised Model GST Law and the tax rate is one percent of the net value of the taxable supplies made for consideration.
76 – Tax Collected at Source i.e TCS is also applicable under GST, similar to TCS under Income Tax Act, TCS_GST is to be deducted by e-commerce operators while making payments to their suppliers.
75 – TDS_GST deducted by the deductor, the deductee can utilize the same for payment of out liability of GST or can apply for the refund as per section 48 of the Revised Model GST Law. The deductor can also apply for the refund under section 48 of the Revised Model GST Law.
74 – The deductor has to issue a certificate for the amount deducted on account of TDS_GST to the deductee within 5 days of payment of tax to the respective governments. In case, if the deductor defaults in this, he has to pay a late fee of Rs 100 per day till the certificate is issued. There is a maximum cap of Rs 5000 which can be collected as late fee.
73 – Every Tax Deductor under GST for TDS_GST has to file a monthly return called GSTR – 7 and basis of this return, part C for GSTR – 2A will be auto-populated for the deductee.
72 – The tax recovered under GST as TDS_GST by the deductor has to be paid to the Government within 10 days from the end of the month.
71 – The amount of TDS Deducted by the Deductor is available as input tax credit for the deductee once the TDS_GST is remitted by the deductor to the tax authorities.
70 – The threshold limit for applicability of deduction of tax at source is reduced from Rs 10 Lacs to Rs 5 Lacs in the Revised Model GST Law released in November 2016.
69 – Tax Deducted at source is applicable under GST also. It is different from TDS under Income Tax Act. It is applicable on the supply of goods and services as notified by the Government through GST council. Whenever payment is being made to the supplier of goods or services, GST TDS will be recovered / deducted from the payment and then only balance amount is paid.
68 – Maximum Tax Levy under the composition levy has increased from one percent to two and half percent in the revised Model GST Law released in November 2016.
67 – A Taxpayer can obtain registration under Composition Levy if the turnover is less than Rs 50 Lacs and desires not maintain all records as per GST but pay a flat rate of tax at the end of the period. Under this levy, the taxpayer cannot take input tax credit or issue a tax invoice.
66- Composite Supply as per MGL is, is a supply made by a taxable person having more than on supply of goods or services or in any combination. Where goods are packed and transported with insurance, the supply of goods, packing materials, transport and insurance is a composite supply and supply of goods is the principal supply.
65 – In a Mixed Supply where the supply of goods or services involves more than one goods or services, the tax rate applicable will be the highest tax rate of the goods / services n the mixed supply.
64 – In the revised MGL a new concept called Mixed Supply is introduced. Mixed supply means a supply of more than one good bundled together and supplied. For example combo pack of Soap, detergent, hand wash, toilet cleaner, floor cleaner and room freshener. This combo pack is a mixed supply.
63 – In the proposed Goods and Service Tax, the returns are to be filed on monthly basis and same return for all the taxes i.e CGST (Central Goods and Service Tax), SGST (State Goods and Service Tax) and IGST (Integrated Goods and Service Tax) in case of regular tax payers and quarterly for tax payers under composite scheme.
62 – Under GST, input credit is available on payment and matching of the seller and buyers data in the following sequence GSTIN of the supplier, GSTIN of the recipient , Invoice/Debit Note date, Invoice/Debit Note number ,Taxable value & Tax amount.
61 – As per the transitional provisions in GST, existing credit of CVD (Countervailing Duty) and SAD (Special Additional Duty) available as cenvat credit will be carried forward as IGST Credit in the electronic credit ledger based on the input tax credit shown in the returns filed immediately prior to the appointed day.
60 – As per the transitional provisions in GST, Central Excise and Service Tax Credit will be carried forward as CGST Credit, Value Added Tax Credit will be carried forward as SGST Credit in the electronic credit ledger based on the input tax credit shown in the returns filed immediately prior to the appointed day.
59 – As per the transitional provisions, existing input tax credit under Central Excise, Service Tax and Value Added Tax is available is carried forward to GST if the same credit is taken in the books and part of the return filed before the date of rollout of GST and the same is available under GST also as input tax credit.
58 – In the Revised Model GST Law, a new provision has been added wherein the tax payer can take input tax credit within 30 days of the appointed date for the goods received after appointed date but shipped before appointed date.
57 – In the revised Model GST Law, for the Inspection of goods in movement, the limit of Rs 50,000 has been dropped from the act and the same will now be announced in the notifications from time to time for the prescribed documents to be carried out during the movement of goods.
56 – Non-Resident Taxable Person and Casual Taxable Person have to apply for registration, minimum 5 days before the commencement of business as per the revised Model GST Law.
55 – Time of supply for the goods under the revised Model GST Law, is data of issue of invoice or last date to be issued under the provisions or date of receipt of payment whichever is earlier.
54 – As per the revised GST Law, while determining the turnover, supply of non-taxable goods and services is excluded, previously the same was included in determining the turnover.
53 – Composition levy under revised Model GST Law has been redefined and as per this, if the tax payer is having any interstate supplies or supplies to e-commerce operators, he will not be eligible to be registered as a composite tax payer.
52 – In the revised Model GST Law, the definition of input has been simplified, it says “means any goods other than capital goods used or intended to be used by a supplier in the course or furtherance of business;” means any input used directly or indirectly for furtherance of business will be eligible for input tax credit. The usage of the word furtherance of business reduces litigation’s in future.
51 – As per the provisions of the revised Model GST Law, GST is not applicable or not to be levied on free goods.
50 – Input tax credit in case of telecommunication tower fixed to earth by foundation or structural support including foundation and structural support and pipelines can be taken in three equal installments spreading over a period of three years.
49 – The definition of Captial goods has been widened and made simple, now as per the Revised MGL Captial Goods means, the value of which is capitalized in the books of accounts of the person claiming the credit and which are used or intended to be used in the course or furtherance of business; This replaces the existing definition of Captial goods as per Cenvat Credit Rules 2002 in the first draft of the Model GST Law released in June 2016.
48 – As per section 65 of the revised Model GST Law, the Comptroller and Auditor General is also empowered to call for information through its authorized representative.
47 – Service tax reversal provision is back in the revised Model GST Law, if the supplier of goods and services is not paid within three months, the input tax credit availed has to be added to the output tax liability.
46 – In the revised Model GST Law, the time limit for matching for provisional credit has been increased to three months from two months.
45 – As per the revised GST Law, the time limit for return of goods from the job worker has been increased from 180 days to one year for inputs and for capital goods from two years to three years.
44 – In the revised GST Law put in the public domain, securities have been dropped from the definition of Goods, it means on sale and purchase of securities GST will not be applicable and existing Securities Transaction Tax continues to be levied.
43 – In the revised Model GST Law, in the time of supply for the goods continuous supply of goods and supply of goods on sale or approval provisions have been dropped.
42 – In the revised draft CGST Bill, a new cause Anti Profiteering clause has been added… It mean the reduction of tax rate benefit and uninterrupted input Tax Credit benefits have to passed on. More clarity is awaited on how it works…
41 – Time of Supply under Revesre Charge for Services is earliest of the following dates, Date Of Accounting, Date of Receipt of services or date of payment.
40 – Time of Supply of Services is the earliest date of the following dates, date of issue of invoice or date of receipt of payment if invoice is issued within 30 days of completion of service.
39 – The time of supply for services under forward charge or regular services will be the earliest of the following dates, date of completion of service, date of issue of the invoice within 30 days or date of completion of service or the date on which the recipient shows the receipt of services in his books of account.
38 – If goods are removed on sale or approval basis, the time of supply shall be at the time when it becomes known that the supply has taken place or six months from the date of removal, whichever is earlier.
37 – In the case of continuous supply of goods like piped gas etc the time of supply will be the earliest date of issue of invoice or payment. In the case of issue of the statement of account, the date of expiry of the statement of account or payment date whichever is earlier.
36 – Time of supply for the reverse charge of goods is the earliest of the following dates 1. date of receipt of goods 2. the date on which payment is made, 3. date of receipt of invoice and 4. date of debit in the books.
35 – Time of Supply for the supply of goods under forward charge is earliest of the following dates, 1. issue of tax invoice, 2. moment of goods, 3. receipt of the advance, 4. making goods available to the buyer and 5. buyer shows the goods in his books of accounts.
34 – Time of Supply for Goods is divided into three categories broadly first is regular supply or forward charge, second is reverse charge and third is miscellaneous provisions.
33 – The time of supply for goods and services is different, but the overall logic is very simple, time of supply is the earliest of all the dates of the transaction like issue of invoice, supply of goods, completion of service, receipt of money etc.,
32 – Time of Supply is the event during which the supply of goods or services takes place or deemed to take place and at this point, the tax invoice has to be issued and the tax liability has to be accounted.
31 – The officer may grant cancellation of registration within 30 days and the tax payer has to pay all the amounts due like interest, penalty etc along with the tax amount based on computation for input credit or capital goods whichever is higher and in case of capital goods based on the process defined in law.
30 – If a tax payer has to cancel registration under GST, he has to file FORM GST REG-14 and also Final Return Form GSTR-10, which shows details of input tax on closing stock, market value of the goods and tax on it.
29 – Registration Number under GST is required under the following cases irrespective of turnover, All tax payers registered under the current tax regimes Any person who is required to pay tax under reverse charge mechanism, Any person marking interstate supplies, Casual taxable person, Non-Residential taxable person, Person needed to deduct tax under Sec 37, A person who provides goods or services on behalf of a principal has to be obtained irrespective of the threshold, Input service distributor & E-Commerce operators.
28 – Threshold limit under GST as per the GST Council is Rs 20 lacs across India expect north eastern states where it is Rs 10 Lakhs.
27 – The concept of payment of tax on manufacture of goods, on sales, provision of service is replaced by a single tax point called “Time of Supply” in GST.
26n – Under GST, Unique Identifaction Number (UIN) has to be obtained by bodies registered under United Nations and foreign embassies for claiming refund of GST on their purchases.
25 – For imports SAD and CVD is replaced by IGST and importer can avail full credit of IGST.
24 – Cancellation of Registration under GST is very complicated. The taxpayer has to file an application for cancellation along with the closing stock and pay all the taxes due and file valid returns for cancellation of application to be accepted.
23 – The portal for GST registration is allowing only one GST registration per PAN, in case if anyone has multiple businesses under same PAN have to approach their concerned Jurisdictional Authority.
22 – Suo moto registration – During survey, search, inspection, enquiry if an concerned officer finds business is not registered, he can issue temporary registration number and this process is called suo moto registration under GST.
21 – A Tax Payer can have up to 35 registration numbers in the same state based on his line of business / business vertical
20 – According to Draft Registration Rules, all registered tax payers have to display their GST Registration Number i.e GSTIN on the name board in all the locations of the place of business.
19 – Under GST each and every location of business has to be registered as an additional place of business. Registration number has to be displayed in a prominent place for each place of business.
18 – Three basic requirements for obtaining registration under GST are, PAN Number, e-mail id and mobile number. PAN will be validated online for information with CBDT Servers, Mobile number is required for sending OTP (one-time password) and email id for verification through a separate OTP
17 – For existing tax payers under Central Excise, VAT or Service Tax the data will be migrated and the tax payer will be given 6 months for furnish all the required information.
16 – Registration Number under GST is called GSTIN and it is 15 digit number,the first two digits are for the state code, next 10 digits PAN, 13th digit is for business vertical, 14th digit is blank and 15th digit is check digit.
15 – Under GST there is no concept of a manufacturer, first stage dealer,registered dealer, service provider etc., anyone who registers under GST is called a tax payer.
14 – Under GST all tax payers have to file single return for the state and the central taxes (SGST, CGST & IGST)
13 – In India we have adopted dual GST i.e the Central Government and the State Government will be levying and collecting taxes due to constitutional provisions in our constitution.
12 – GST is a destination based tax i.e taxes will go to the state where the goods are consumed.
11 – Under GST there is no concept of Tax on Tax like VAT computed on item price + Excise duties
10 – Under GST there is uninterrupted input tax credit in the supply chain process i.e input tax credit can be taken in each and every stage
9 – GST Is applicable to whole of India including Jammu and Kashmir
8 – Under GST, Goods and Services share the same taxes
7 – Integrated Goods and Service Tax (IGST) will replace Central Sales Tax for all inter-state transactions under GST
6 – Taxes which are not subsumed under SGST are Stamp Duty, Electricity Duty,Vehicle Tax, Royalty, State taxes on petroleum and alcoholic products and Entertainment Duty levied by local bodies.
5 – State Goods and Service Tax (SGST) – taxes merged with SGST are Value Added Tax, Entry Tax, Purchase Tax, Luxury Tax,Entertainment Tax,Octroi, Various Surcharges & Cess
4 – Taxes which are not subsumed under CGST are Basic Customs Duty, other import duties, excise duties on petroleum products and tobacco products
3 – Central Goods and Service Tax (CGST) to replace Central Excise, Service Tax, Additional Excise Duty, Special Additional Customs Duty (SAD), Countervailing Duty (CVD) along with various cesss and surcharges
2 – There are three taxes under GST ; Central Goods & Service Tax (CGST), State Goods & Service Tax (SGST), Integrated Goods and Service Tax (IGST).
1 – under GST, there is only one registration number per state called GSTIN – Goods and Service Tax Identification Number