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Central Board Of Excise & Customs New Delhi GST Flyers
January, 08th 2018
CENTRAL BOARD OF EXCISE & CUSTOMS
            NEW DELHI




         GST FLYERS



  Updated as on 1st January, 2018

                 I
GST FLYERS




             II
            F O R E W O R D
Flyers on important topics of GST are being brought
out by the National Academy of Customs, Indirect Taxes,
&Narcotics (NACIN),the apex training institution under
the Central Board of Excise & Customs (CBEC). These
Flyers are being issued from time to time and are available
on the GST Council website as well as the CBEC website.
Till date, 51 Flyers have been issued and more are being
issued on an ongoing basis. These flyers have been quite
popular as they have been written from the layman's
perspective in a simple and lucid language to promote
conceptual understanding of GST.
These Flyers have now been updated as on 1st January,
2018, in view of the significant developments since the
time they were released. NACIN is now coming out with
this compilation containing all the 51 Flyers released till
date for ease of reference. I am sure this compilation will
continue to spread awareness of GST not only among the
Tax officers and taxpayers but also people at large.
I congratulate DG, NACIN and her team for this outreach
effort and am sure that it will benefit all concerned.




                                         Vanaja N. Sarna
                                         Chairman, CBEC


                            III
GST FLYERS




             IV
                C O N T E N T S

1. Registration under GST Law......................................1
2. Cancellation of Registration in GST..........................10
3. The Meaning and Scope of Supply............................17
4. Composite Supply and Mixed Supply.........................25
5. Time of Supply in GST.............................................35
6. GST on advances received for future supplies................44
7. Concept of AggregateTurnover in GST.......................53
8. Non-resident taxable person in GST..........................55
9. Casual taxable person in GST...................................59
10. Input Service Distributor in GST.............................68
11. Composition Levy Scheme in GST..........................74
12. Reverse Charge Mechanism in GST..........................85
13. Tax Invoice and other such instruments in GST...........97
14. Accounts and Records in GST................................114
15. Credit Note in GST................................................122
16. Debit Note in GST.................................................127
17. Electronic Cash/Credit Ledgers and Liability ........131
    Register in GST

                                   V
GST FLYERS

18. Electronic Way Bill in GST....................................138
19. Input Tax Credit Mechanism in GST........................149
20. Transition Provisions under GST............................158
21. Integrated Goods and Services Tax Act..................167
22. Compensation cess in GST.....................................185
23. Imports in GST Regime.........................................188
24. Zero Rating of Supplies in GST..............................200
25. Deemed Exports in GST........................................206
26. Pure Agent Concept in GST...................................215
27. Job Work under GST.............................................221
28. Works Contract in GST..........................................226
29. Valuation in GST....................................................238
30. Margin Scheme in GST..........................................250
31. Provisional Assessment in GST..............................253
32. Returns in GST.......................................................258
33. Statement of Outward Supplies (GSTR-1) .............270
    in GST
34. Refunds under GST................................................281
35. Refund of Integrated Tax paid on account of ........302
    zero rated supplies
36. Refund of unutilised Input Tax Credit (ITC)............312

                                    VI
37. Advance Ruling Mechanism in GST........................329
38. Goods Transport Agency in GST...........................343
39. GST on Charitable and Religious Trusts...................352
40. GST on Education Services.....................................363
41. GST on Co-operative Housing Societies..................379
42. Online Information Data Base Access and ............388
    Retrieval (OIDAR) Services in GST
43. GST Practitioners...................................................400
44. National Anti-Profiteering Authority in GST...........406
45. Benefits of Goods and ServicesTax (GST).................413
46. Special Audit in GST..............................................417
47. TDS Mechanism under GST.................................421
48. TCS Mechanism under GST..................................426
49. Inspection, Search, Seizure and Arrest......................430
50. Appeals and Review Mechanism under GST............437
51. Recovery of Tax......................................................449




                                    VII
GST FLYERS

Flyers Compiled by National Academy of Customs, Indirect
Taxes and Narcotics (NACIN), GST Team
Prepared by the following officers:
1. Shri Sanjeev Nair, Examiner (AR), CESTAT, Mumbai
   (S. No. 4, 17, 24, 25, 26, 28, 34, 35, 36, 37, 38, 39, 40,
   41, 42, 50)
2. Shri Deepak Mata, Asstt. Director, NACIN, Mumbai ( S .
   No. 6, 10, 12, 13, 14, 18, 23, 30, 43, 45)
3. Shri Girish Vadassery, Asstt. Commr. Ahmednagar (S. No.
   2,7, 8, 9, 15, 16, 22, 31, 33, 44, 46)
4. Shri Shirish Gogate, Supdt., DTPS, Mumbai (S. No. 19,
   27, 47, 48)
5. Shri Rajiv Garg, Joint Director, RMCC, Mumbai (S. No.
   5, 11, 29)
6. Shri R.S. Maheshwari, Commr. (A), Bhopal (S. No. 20,
   21)
7. Shri M.P.S. Sengar, Asstt. Commr., CGST, Mumbai (S.
   No.49, 51)
8. Shri Gopi Donthireddy, Dy. Director, NACIN, Hyderabad
   (S. No. 32)
9. Shri Rajesh Ramarao, Dy. Commissioner, CGST, Pune (S.
   No. 3)
10. Shri Arvind Sinha, Inspector, CGST, Belapur, Navi
    Mumbai (S. No. 1)


                             VIII
Prepared under the supervision of Shri Samir Bajaj, Additional
Director General, NACIN, Mumbai.
Vetted by GST Policy Wing, CBEC
Comments and Suggestions            may    please   be   sent   to
dg.nacen-cbec@nic.in
Disclaimer:
The Flyers compiled by NACIN and vetted by the GST Policy
Wing, CBEC are based on the CGST/SGST/UTGST/IGST Act(s),
the CGST Rules, 2017 and the various orders/circulars issued by
CBEC. These are for training and academic purposes only.
The information in these flyers is intended only to provide a
general overview and is not intended to be treated as legal advice
or opinion. For greater details, you are requested to refer to the
respective CGST/SGST/UTGST/IGST Acts, Rules, Notifications,
Circulars, Orders issued from time to time.




                               IX
GST FLYERS




             X
                         Chapter One



Registration under GST Law
Introduction
In any tax system registration is the most fundamental
requirement for identification of tax payers ensuring tax
compliance in the economy. Registration of any business
entity under the GST Law implies obtaining a unique number
from the concerned tax authorities for the purpose of collecting
tax on behalf of the government and to avail Input tax credit
for the taxes on his inward supplies. Without registration, a
person can neither collect tax from his customers nor claim
any input tax credit of tax paid by him.

Need and advantages of registration
Registration will confer the following advantages to a taxpayer:
    ·    He is legally recognized as supplier of goods or
         services.
    ·    He is legally authorized to collect tax from his
         customers and pass on the credit of the taxes paid
         on the goods or services supplied to the purchasers/
         recipients.


                               1
GST FLYERS

    ·    He can claim input tax credit of taxes paid and can
         utilize the same for payment of taxes due on supply
         of goods or services.
    ·    Seamless flow of Input Tax Credit from suppliers
         to recipients at the national level.

Liability to register
GST being a tax on the event of "supply", every supplier
needs to get registered. However, small businesses having
all India aggregate turnover below Rupees 20 lakh (10
lakh if business is in Assam, Arunachal Pradesh, Himachal
Pradesh, Uttarakhand, Manipur, Mizoram, Sikkim,
Meghalaya, Nagaland or Tripura) need not register. The
small businesses, having turnover below the threshold limit
can, however, voluntarily opt to register.
The aggregate turnover includes supplies made by him on
behalf of his principals, but excludes the value of job-worked
goods if he is a job worker. But persons who are engaged
exclusively in the business of supplying goods or services
or both that are not liable to tax or wholly exempt from tax
or an agriculturist, to the extent of supply of produce out of
cultivation of land are not liable to register under GST. Also,
if all the supplies being made by a supplier are taxable under
reverse charge, there is no requirement for such a supplier
to register in light of Notification No. 5/2017-Central Tax
dated 19.06.2017.

Nature of Registration
The registration in GST is PAN based and State specific.

                              2
                                  Registration under GST Law

Supplier has to register in each of such State or Union
territory from where he effects supply. In GST registration,
the supplier is allotted a 15-digit GST identification
number called "GSTIN" and a certificate of registration
incorporating therein this GSTIN is made available to the
applicant on the GSTN common portal. The first 2 digits
of the GSTIN is the State code, next 10 digits are the PAN
of the legal entity, the next two digits are for entity code,
and the last digit is check sum number. Registration under
GST is not tax specific which means that there is single
registration for all the taxes i.e. CGST, SGST/UTGST,
IGST and cesses.
A given PAN based legal entity would have one GSTIN
per State, that means a business entity having its branches
in multiple States will have to take separate State wise
registration for the branches in different States. But within
a State an entity with different branches would have single
registration wherein it can declare one place as principal
place of business and other branches as additional place
of business. However, a business entity having separate
business verticals (as defined in section 2 (18) of the CGST
Act, 2017) in a state may obtain separate registration for
each of its business verticals. Further a unit in SEZ or a SEZ
developer needs to necessarily obtain separate registration.
    ·    Generally, the liability to register under GST arises
         when you are a supplier within the meaning of the
         term, and also if your aggregate turn over in the
         financial year is above the exemption threshold of
         20 lakh rupees (10 lakh rupees in special category
         states except J & K). However, the GST law enlists

                              3
GST FLYERS

       certain categories of suppliers who are required to
       get compulsory registration irrespective of their
       turnover that is to say, the threshold exemption of
       20 lakh rupees or 10 lakh rupees as the case may
       be is not available to them. Some of such suppliers
       who need to register compulsorily irrespective of
       the size of their turnover are those who are, -
   ·   Inter-state suppliers; However, persons making
       inter-state supplies of taxable services and having
       an aggregate turnover, to be computed on all India
       basis, not exceeding an amount of twenty lakh rupees
       (ten lakh rupees for special category States except
       J & K) are exempted from obtaining registration
       vide Notification No. 10/2017-Integrated Tax
       dated 13.10.2017.
   ·   A person receiving supplies on which tax is payable
       by recipient on reverse charge basis
   ·   Casual taxable person who is not having fixed
       place of business in the State or Union Territory
       from where he wants to make supply. However
       casual taxable persons making supplies of specified
       handicraft goods need not take compulsory
       registration and are entitled to the threshold
       exemption of Rs. 20 Lakh. Handicraft goods are
       specified in Notification no. 33/2017-Central Tax
       dated 15.09.2017 as amended by Notification no.
       38/2017-Central Tax dated 13.10.2017.
   ·   non-resident taxable persons who is not having
       fixed place of business in India

                           4
                                 Registration under GST Law

    ·   A person who supplies on behalf of some other
        taxable person (i.e. an Agent of some Principal)
    ·   E-commerce operators, who provide platform to
        the suppliers to make supply through it
    ·   Suppliers of goods who supply through such
        e-commerce operator who are liable to collect
        tax at source. Persons supplying services through
        e-commerce operators need not take compulsory
        registration and are entitled to avail the threshold
        exemption of Rs. 20 Lakh as per Notification No.
        65/2017-Central tax dated 15.11.2017.
    ·   Those ecommerce operators who are notified as
        liable for GST payment under Section 9(5) of the
        CGST Act, 2017
    ·   TDS Deductor
    ·   Input service distributor
    ·   Those supplying online information and data base
        access or retrieval services from outside India to a
        non-registered person in India.
A casual taxable person is one who has a registered business
in some State in India, but wants to effect supplies from
some other State in which he is not having any fixed place
of business. Such person needs to register in the State
from where he seeks to supply as a casual taxable person.
A non-resident taxable person is one who is a foreigner
and occasionally wants to effect taxable supplies from any
State in India, and for that he needs GST registration. GST

                             5
GST FLYERS

law prescribes special procedure for registration, as also for
extension of the operation period of such casual or non-
resident taxable persons. They have to apply for registration
at least five days in advance before making any supply.
Also, registration is granted to them or period of operation
is extended only after they make advance deposit of the
estimated tax liability.
In respect of supplies to some notified agencies of United
Nations organisation, multinational financial institutions
and other organisations, a centralised unique identification
number (UIN) is issued.

Standardisation of procedures
A total of 30 forms / formats have been prescribed in the
GST registration rules. For every process in the registration
chain such as application for registration, acknowledgment,
query, rejection, registration certificate, show cause notice
for cancellation, reply, cancellation, amendment, field visit
report etc., there are standard formats. This will make the
process uniform all over the country. The decision making
process will also be fast. Strict time lines have been stipulated
for completion of different stages of registration process.
An application has to be submitted on line through the
common portal (GSTN) within thirty days from the date
when liability to register arose. The casual and non-resident
taxable persons need to apply at least five days prior to the
commencement of the business. For transferee of a business
as going concern, the liability to register arises on the date
of transfer.


                               6
                                   Registration under GST Law

The Proper Officer has to either raise a query or approve
the grant of registration within three working days failing
which registration would be considered as deemed to have
been approved. The applicant would have to respond within
seven working days starting from the fourth day of filing
the original application. The proper officer would have to
grant or reject the application for registration within seven
working days thereafter.
Amendment of Registration
Except for the changes in some core information in the
registration application, a taxable person shall be able to make
amendments without requiring any specific approval from
the tax authority. In case the change is for legal name of the
business, or the State of place of business or additional place
of business, the taxable person will apply for amendment
within 15 days of the event necessitating the change. The
proper officer, then, will approve the amendment within
next 15 days. For other changes like name of day to day
functionaries, e-mail Ids, Mobile numbers etc. no approval
of the proper officer is required, and the amendment can be
affected by the taxable person on his own on the common
portal.
Generally, the amendments take effect from the date of
application for amendment. Commissioner, however, has
been given powers to permit amendments with retrospective
effect.

Cancellation of Registration
The GST law provides for two scenarios where cancellation


                               7
GST FLYERS

of registration can take place; the one when the taxable
person no more requires it (voluntary cancellation), and
another when the proper officer considers the registration
liable for cancellation in view of certain specified defaults
(Suo-motu cancellation) like when the registrant is not
doing business from the registered place of business or if
he issues tax invoice without making the supply of goods
or services. The taxable person desirous of cancellation of
Registration will apply on the common portal within 30
days of event warranting cancellation. He will also declare
in the application the stock held on the date with effect
from which he seeks cancellation. He will also work out
and declare the quantum of dues of payments and credit
reversal, and the particulars of payments made towards
discharge of such liabilities. In case of voluntary registration
(taken despite not being liable for obtaining registration),
no cancellation is allowed until expiry of one year from the
effective date of registration. If satisfied, the proper officer
has to cancel the registration within 30 days from the date
of application or the date of reply to notice (if issued, when
rejection is concluded by the officer).

Revocation of Cancellation
In case where registration is cancelled suo-motu by the
proper officer, the taxable person can apply within 30 days
of service of cancellation order, requesting the officer for
revoking the cancellation ordered by him. However, before
so applying, the person has to make good the defaults (by
filing all pending returns, making payment of all dues and
so) for which the registration was cancelled by the officer.


                               8
                                        Registration under GST Law

If satisfied, the proper officer will revoke the cancellation
earlier ordered by him. However, if the officer concludes to
reject the request for revocation of cancellation, he will first
observe the principle of natural justice by way of issuing
notice to the person and hearing him on the issue.

Physical verification in connection with registration
Physical verification is to be resorted to only where it is
found necessary in the subjective satisfaction of the proper
officer. If at all, it is felt necessary, it will be undertaken only
after granting the registration and the verification report
along with the supporting documents and photographs
shall have to be uploaded on the common portal within
fifteen working days.

                               ******




                                 9
GST FLYERS




                        Chapter Two



  Cancellation of Registration
            in GST
Introduction:
The registration granted under GST can be cancelled for
specified reasons. The cancellation can either be initiated
by the department on their own motion or the registered
person can apply for cancellation of their registration. In
case of death of registered person, the legal heirs can apply
for cancellation. In case the registration has been cancelled
by the department there is a provision for revocation of the
cancellation. On cancellation of the registration the person
has to file a return which is called the final return.

Reason for cancellation:
The registration can be cancelled for the following reasons:

a) a person registered under any of the existing laws, but
   who is not liable to be registered under the GST Act;
a) the business has been discontinued, transferred fully
   for any reason including death of the proprietor, amal-
   gamated with other legal entity, demerged or otherwise


                             10
                          Cancellation of Registration in GST

     disposed of;
a) there is any change in the constitution of the business;
a) the taxable person (other than the person who has vol-
   untarily taken registration under sub-section (3) of sec-
   tion 25 of the CGST Act, 2017) is no longer liable to
   be registered;
a) a registered person has contravened such provisions of
   the Act or the rules made thereunder;
a) a person paying tax under Composition levy has not
   furnished returns for three consecutive tax periods;
a) any registered person, other than a person paying tax
   under Composition levy has not furnished returns for a
   continuous period of six months;
a) any person who has taken voluntary registration under
   sub-section (3) of section 25 has not commenced busi-
   ness within six months from the date of registration;
a) registration has been obtained by means of fraud, will-
   ful misstatement or suppression of facts
Procedurefor cancellation:

i.     A person already registered under any of the existing
       laws (Central excise, Service tax, VAT etc.), but who
       now is not liable to be registered under the GST Act
       has to submit an application electronically by 31ST
       December 2017, in FORM GST REG-29 at the
       common portal for the cancellation of registration
       granted to him. The Superintendent of Central Tax


                             11
GST FLYERS

           shall, after conducting such enquiry as deemed fit,
           cancel the said registration.
     ii.   The cancellation of registration under the State
           Goods and Services Tax Act or the Union Territo-
           ry Goods and Services Tax Act, as the case may be,
           shall be deemed to be a cancellation of registration
           under Central Goods and Services Tax Act.
iii.       In the event, the Superintendent of Central Tax has
           reasons to believe that the registration of a person
           is liable to be cancelled, a notice to such person in
           FORM GST REG-17, requiring him to show cause,
           within a period of seven working days from the date
           of the service of such notice, as to why his registra-
           tion shall not be cancelled; will be issued.
iv.        The reply to the show cause notice issued has to be
           furnished by the registered person in FORM REG­
           18 within a period of seven working days.
v.         In case the reply to the show cause notice is found
           to be satisfactory, the Superintendent of Central
           Tax will drop the proceedings and pass an order in
           FORM GST REG ­20.
vi.        However, when the person who has submitted an
           application for cancellation of his registration is no
           longer liable to be registered or his registration is li-
           able to be cancelled, the Superintendent of Central
           Tax will issue an order in FORM GST REG-19,
           within a period of thirty days from the date of appli-
           cation or, as the case may be, the date of the reply to


                                  12
                           Cancellation of Registration in GST

        the show cause issued, cancel the registration, with
        effect from a date to be determined by him and no-
        tify the taxable person, directing him to pay arrears
        of any tax, interest or penalty.
vii.    The registered person whose registration is cancelled
        shall pay an amount, by way of debit in the electronic
        credit ledger or electronic cash ledger, equivalent to
        the credit of input tax in respect of inputs held in
        stock and inputs contained in semi-finished or fin-
        ished goods held in stock or capital goods or plant
        and machinery on the day immediately preceding
        the date of such cancellation or the output tax pay-
        able on such goods, whichever is higher.
viii.   In case of capital goods or plant and machinery, the
        taxable person shall pay an amount equal to the in-
        put tax credit taken on the said capital goods or plant
        and machinery, reduced by such percentage points as
        may be prescribed or the tax on the transaction value
        of such capital goods or plant and machinery under
        section 15, whichever is higher.
ix.     The cancellation of registration shall not affect the
        liability of the person to pay tax and other dues 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.
Final Returns:
When the registration of a registered person other than an
Input Service Distributor or a non-resident taxable person

                              13
GST FLYERS

or a person paying tax under the composition scheme or
TDS/TCS; has been cancelled, the person has to file a final
return within three months of the date of cancellation or
date of order of cancellation, whichever is later, electronically
in FORM GSTR-10 through the common portal either
directly or through a Facilitation Centre notified by the
Commissioner.

Revocation of Cancellation:

i.     When the registration has been cancelled by the
       Proper Officer (Superintendent of Central Tax) on
       his own motion and not on the basis of an applica-
       tion ,then the registered person, whose registration
       has been cancelled, can submit an application for
       revocation of cancellation of registration, in FORM
       GST REG-21, to the Proper Officer (Assistant or
       Deputy Commissioners of Central Tax), within a
       period of thirty days from the date of the service of
       the order of cancellation of registration at the com-
       mon portal, either directly or through a Facilitation
       Centre notified by the Commissioner:
ii.    However, if the registration has been cancelled for
       failure to furnish returns, application for revocation
       shall be filed, only after such returns are furnished
       and any amount due as tax, in terms of such returns,
       has been paid along with any amount payable to-
       wards interest, penalty and late fee in respect of the
       said returns.



                               14
                           Cancellation of Registration in GST

iii.   On examination of the application if the Proper Of-
       ficer (Assistant or Deputy Commissioners of Cen-
       tral Tax) is satisfied, for reasons to be recorded in
       writing, that there are sufficient grounds for revo-
       cation of cancellation of registration, then he shall
       revoke the cancellation of registration by an order
       in FORM GST REG-22 within a period of thirty
       days from the date of the receipt of the application
       and communicate the same to the applicant.
iv.    However, if on examination of the application for
       revocation, if the Proper Officer (Assistant or Dep-
       uty Commissioners of Central Tax) is not satisfied
       then he will issue a notice in FORM GST REG­23
       requiring the applicant to show cause as to why the
       application submitted for revocation should not be
       rejected and the applicant has to furnish the reply
       within a period of seven working days from the date
       of the service of the notice in FORM GST REG-
       24.
v.     Upon receipt of the information or clarification in
       FORM GST REG-24, the Proper Officer (Assis-
       tant or Deputy Commissioners of Central Tax) shall
       dispose of the application within a period of thirty
       days from the date of the receipt of such information
       or clarification from the applicant. In case the infor-
       mation or clarification provided is satisfactory, the
       Proper Officer (Assistant or Deputy Commissioners
       of Central Tax) shall dispose the application as per
       para (iii) above. In case it is not satisfactory the ap-


                              15
GST FLYERS

      plicant will be mandatorily given an opportunity of
      being heard, after which the Proper Officer (Assis-
      tant or Deputy Commissioners of Central Tax) after
      recording the reasons in writing may by an order in
      FORM GST REG- 05, reject the application for
      revocation of cancellation of registration and com-
      municate the same to the applicant.
vi.   The revocation of cancellation of registration under
      the State Goods and Services Tax Act or the Union
      Territory Goods and Services Tax Act, as the case
      may be, shall be deemed to be a revocation of can-
      cellation of registration under Central Goods and
      Services Tax Act      .


                          ******




                           16
                             The Meaning and Scope of Supply




                        Chapter Three



     The Meaning and Scope of
             Supply
The taxable event in GST is supply of goods or services or
both. Various taxable events like manufacture, sale, rendering
of service, purchase, entry into a territory of State etc. have
been done away with in favour of just one event i.e. supply.
The constitution defines "goods and services tax" as any tax
on supply of goods, or services or both except taxes on the
supply of the alcoholic liquor for human consumption.
The Central and State governments will have simultaneous
powers to levy the GST on intra-state supply. However, the
Parliament alone shall have exclusive power to make laws
with respect to levy of goods and services tax on inter-state
supply.
The term, "supply" has been inclusively defined in the
Act. The meaning and scope of supply under GST can be
understood in terms of following six parameters, which can
be adopted to characterize a transaction as supply:
1.     Supply of goods or services. Supply of anything other
       than goods or services does not attract GST.


                              17
GST FLYERS

2.    Supply should be made for a consideration
3.    Supply should be made in the course or furtherance
      of business
4.    Supply should be made by a taxable person
5.    Supply should be a taxable supply
6.    While these six parameters describe the concept of
      supply, there are a few exceptions to the requirement
      of supply being made for a consideration and in the
      course or furtherance of business. Any transaction
      involving supply of goods or services without
      consideration is not a supply, barring few exceptions,
      in which a transaction is deemed to be a supply even
      without consideration. Further import of services
      for a consideration, whether or not in the course or
      furtherance of business is treated as supply.
Supply of goods or services or both
Goods as well as services have been defined in the GST Law.
The securities are excluded from the definition of goods as
well as that of services. Money is also excluded from the
definition of goods as well as services, however, activities
relating to the use of money or its conversion by cash or by
any other mode, from one form, currency or denomination,
to another form, currency or denomination for which a
separate consideration is charged are included in services.
Schedule II to the CGST Act, 2017 lists a few activities
which are to be treated as supply of goods or supply of
services. For instance, any transfer of title in goods would


                             18
                            The Meaning and Scope of Supply

be a supply of goods, whereas any transfer of right in goods
without transfer of title would be considered as services.
Further Schedule III to the CGST Act, 2017 spells out
activities which shall be treated as neither supply of goods
nor supply of services ­ in other words, outside the scope of
GST.A few important ones are: -
1.     Services by an employee to the employer in the
       course of or in relation to his employment.
2.     Services of funeral, burial, crematorium or mortuary
       including transportation of the deceased.
3.     Sale of land and, sale of building where the entire
       consideration has been received after completion
       certificate is issued or after its first occupation.
Actionable claims are included in the definition of goods,
however, schedule III provides that actionable claims other
than lottery, betting and gambling shall be neither goods
nor services.

Supply for consideration
Consideration has specifically been defined in the CGST
Act, 2017. It can be in money or kind. Any subsidy given
by the Central Government or a State Government is not
considered as consideration. It is immaterial whether the
payment is made by the recipient or by any other person.
A deposit given in respect of the supply of goods or
services or both shall not be considered as payment made
for such supply unless the supplier applies such deposit as
consideration for the said supply;

                             19
GST FLYERS

Further, when there is barter of goods of services, the same
activity constitutes supply as well as a consideration. When
a barber cuts hair in exchange for a painting, hair cut is a
supply of services by the barber. It is a consideration for the
painting received.
However, there are exceptions to the requirement of
`Consideration' as a pre-condition for a supply to be called
a supply as per GST. As per schedule to CGST Act, 2017,
activities as mentioned below shall be treated as supply even
if made without consideration.
1.     Permanent transfer or disposal of business assets
       where input tax credit has been availed on such assets.
2.     Supply of goods or services or both between related
       persons or between distinct persons as specified in
       section 25, when made in the course or furtherance
       of business: Provided that gifts not exceeding fifty
       thousand rupees in value in a financial year by an
       employer to an employee shall not be treated as
       supply of goods or services or both.
3.     Supply of goods-- (a) by a principal to his agent
       where the agent undertakes to supply such goods
       on behalf of the principal; or (b) by an agent to his
       principal where the agent undertakes to receive such
       goods on behalf of the principal.
4.     Import of services by a taxable person from a related
       person or from any of his other establishments outside
       India, in the course or furtherance of business.
Supply in the Course or Furtherance of Business


                              20
                             The Meaning and Scope of Supply

GST is essentially tax only on commercial transactions.
Hence only those supplies that are in the course or
furtherance of business qualify as Supply under GST.
Hence any supplies made by an individual in his personal
capacity do not come under the ambit of GST unless they
fall within the definition of business as defined in the Act.
CBEC vide press release dated 13.07.2017 has clarified
that sale of old gold jewellery by an individual to a jeweller
will not constitute supply as the same cannot be said to be
in the course or furtherance of business of the individual.
Sale of goods or service even as a vocation is a supply under
GST. Therefore, even if a famous politician paints paintings
for charity and sells the paintings even as a one-time
occurrence, the sale would constitute Supply.
However, there is one exception to this `Course or
Furtherance of Business' rule i.e., import of services for a
consideration.

Supply by a taxable Person
A supply to attract GST should be made by a taxable
person. Hence a supply between two non-taxable persons
does not constitute supply under GST. A "taxable person"
is a person who is registered or liable to be registered under
section 22 or section 24. Hence even an unregistered person
who is liable to be registered is a taxable person. Similarly,
a person not liable to be registered but has taken voluntary
registration and got himself registered is also a taxable
person.
It should be noted that GST in India is state-centric. Hence


                             21
GST FLYERS

a person making supplies from different states need to take
separate registration in each state. Further the person may
take more than one registration within a state if the person
has multiple business verticals. A person who has obtained
or is required to obtain more than one registration, whether
in one State or Union territory or more than one State or
Union territory shall, in respect of each such registration, be
treated as distinct persons for the purposes of GST. Hence
a supply between these entities constitutes supply under
GST.

Taxable supply
For a supply to attract GST the supply must be taxable.
Taxable supply has been broadly defined and means any
supply of goods or services or both which is leviable to tax
under the Act. Exemptions may be provided to the specified
goods or services or to a specified category of persons /
entities making supply.

Supply in the taxable territory
For a supply to attract GST the place of supply should be
in India except the state of Jammu and Kashmir. The place
of supply of any goods or services is determined based on
Sections 10, 11, 12 and 13 of IGST Act 2017.

Inter/Intra State supply
The location of the supplier and the place of supply
determines whether a supply is treated as an Intra State
supply or an Inter State supply. Determination of the nature


                              22
                            The Meaning and Scope of Supply

of supply is essential to ascertain whether integrated tax is
to be paid or Central plus State tax are to be paid. Inter -
State supply of goods means a supply of goods where the
location of the supplier and place of supply are in different
States or Union territories. Intra State supply of goods
means supply of goods where the location of the supplier
and place of supply are in the same State or Union territory.
Imports, Supplies from and to SEZs are treated as deemed
inter-State supplies.

Composite / Mixed supply
A composite supply means a supply made by a taxable
person to a recipient comprising two or more supplies
of goods or services or any combination thereof, which
are naturally bundled and supplied in conjunction
with each other in the ordinary course of business, one
of which is a principal supply. For instance, a travel
ticket from Mumbai to Delhi may include service of food
being served on board, free insurance, use of airport
lounge. In this case, transport of passenger, constitutes
the pre-dominant element of the composite supply, and
is treated as the principal supply and all other supplies
are ancillary.
The GST Law lays down the tax liability on a composite or
mixed supply in the following manner.
    ·    Composite Supply comprising two or more
         supplies one of which is a principal supply,shall be
         treated as supply of such principal supply.
    ·    Mixed Supply comprising two or more supplies,

                             23
GST FLYERS

       shall be treated as supply of that particular supply
       which attracts the highest rate of tax.

                         ******




                           24
                            Composite Supply and Mixed Supply




                         Chapter Four



Composite Supply and Mixed
          Supply
Introduction
The taxable event under GST is supply of goods or services
or both. GST will be payable on every supply of goods or
services or both unless otherwise exempted. The rates at
which GST is payable for individual goods or services or
both is also separately -notified. Classification of supply
(whether as goods or services, the category of goods and
services) is essential to charge applicable rate of GST on
the particular supply. The application of rates will pose
no problem if the supply is of individual goods or services
which is clearly identifiable and the goods or services are
subject to a particular rate of tax.
But not all supplies will be such simple and clearly identifiable
supplies. Some of the supplies will be a combination of
goods or combination of services or combination of goods
and services both. Each individual component in a given
supply may attract different rate of tax. The rate of tax to be
levied on such supplies may pose a problem in respect of
classification of such supplies. It is for this reason, that the
GST Law identifies composite supplies and mixed supplies

                               25
GST FLYERS

and provides certainty in respect of tax treatment under
GST for such supplies.

Composite Supply under GST
Under GST, a composite supply would mean a supply
made by a taxable person to a recipient consisting of two
or more taxable supplies of goods or services or both, or
any combination thereof, which are naturally bundled and
supplied in conjunction with each other in the ordinary
course of business, one of which is a principal supply;
Illustration: 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
a principal supply.
A works contracts and restaurant services are classic
examples of composite supplies, however the GST Act
identifies both as supply of services and chargeable to
specific rate of tax mentioned against such services.
(Works contract and restaurant)
In respect of composite supplies (other than the two
categories mentioned above), the need to determine the
supply as a composite one, will arise, so as to determine
the appropriate classification. It will be necessary to
determine as to whether a particular supply is naturally
bundled in the ordinary course of business and what
constitutes principal supply in such composite supplies.
The concept of composite supply under GST is identical
to the concept of naturally bundled services prevailing


                             26
                          Composite Supply and Mixed Supply

in the existing service tax regime. This concept has been
explained in the Education Guide issued by CBEC in the
year 2012 as under -
"`Bundled service' means a bundle of provision of various
services wherein an element of provision of one service is
combined with an element or elements of provision of any
other service or services. An example of `bundled service'
would be air transport services provided by airlines
wherein an element of transportation of passenger by air is
combined with an element of provision of catering service
on board. Each service involves differential treatment as
a manner of determination of value of two services for the
purpose of charging service tax is different.
The rule is ­ `If various elements of a bundled service are
naturally bundled in the ordinary course of business, it
shall be treated as provision of a single service which
gives such bundle its essential character'

Illustrations -
·    A hotel provides a 4-D/3-N package with the facility
     of breakfast. This is a natural bundling of services
     in the ordinary course of business. The service of
     hotel accommodation gives the bundle the essential
     character and would, therefore, be treated as service of
     providing hotel accommodation.
·    A 5 star hotel is booked for a conference of 100
     delegates on a lump sum package with the following
     facilities:


                             27
GST FLYERS

    ·    Accommodation for the delegates
    ·    Breakfast for the delegates,
    ·    Tea and coffee during conference
    ·    Access to fitness room for the delegates
    ·    Availability of conference room
    ·    Business centre
As is evident a bouquet of services is being provided,
many of them chargeable to different effective rates of tax.
None of the individual constituents are able to provide the
essential character of the service. However, if the service is
described as convention service it is able to capture the entire
essence of the package. Thus, the service may be judged as
convention service and chargeable to full rate. However, it
will be fully justifiable for the hotel to charge individually
for the services as long as there is no attempt to offload the
value of one service on to another service that is chargeable
at a concessional rate.
Whether services are bundled in the ordinary course
of business would depend upon the normal or frequent
practices followed in the area of business to which services
relate. Such normal and frequent practices adopted in a
business can be ascertained from several indicators some of
which are listed below ­
·    The perception of the consumer or the service receiver.
     If large number of service receivers of such bundle of
     services reasonably expect such services to be provided


                              28
                         Composite Supply and Mixed Supply

    as a package, then such a package could be treated as
    naturally bundled in the ordinary course of business.
·   Majority of service providers in a particular area
    of business provide similar bundle of services. For
    example, bundle of catering on board and transport by
    air is a bundle offered by a majority of airlines.
·   The nature of the various services in a bundle of
    services will also help in determining whether the
    services are bundled in the ordinary course of business.
    If the nature of services is such that one of the services
    is the main service and the other services combined
    with such service are in the nature of incidental or
    ancillary services which help in better enjoyment
    of a main service. For example, service of stay in a
    hotel is often combined with a service or laundering
    of 3-4 items of clothing free of cost per day. Such
    service is an ancillary service to the provision of hotel
    accommodation and the resultant package would be
    treated as services naturally bundled in the ordinary
    course of business.
·   Other illustrative indicators, not determinative but
    indicative of bundling of services in ordinary course
    of business are -
    ·   There is a single price or the customer pays the
        same amount, no matter how much of the package
        they actually receive or use.
    ·   The elements are normally advertised as a package.



                             29
GST FLYERS

    ·    The different elements are not available separately.
    ·    The different elements are integral to one overall
         supply ­ if one or more is removed, the nature of
         the supply would be affected.
No straight jacket formula can be laid down to determine
whether a service is naturally bundled in the ordinary
course of business. Each case has to be individually
examined in the backdrop of several factors some of which
are outlined above."
The above principles explained in the light of what constitutes
a naturally bundled service can be gainfully adopted
to determine whether a particular supply constitutes a
composite supply under GST and if so what constitutes the
principal supply so as to determine the right classification
and rate of tax of such composite supply.

Mixed Supply
Under GST, a mixed supply means two or more individual
supplies of goods or services, or any combination thereof,
made in conjunction with each other by a taxable person
for a single price where such supply does not constitute
a composite supply;
Illustration: A supply of a package consisting of canned
foods, sweets, chocolates, cakes, dry fruits, aerated
drinks and fruit juices when supplied for a single, price
is a mixed supply. Each of these items can be supplied
separately and is not dependent on any other. It shall not
be a mixed supply if these items are supplied separately.


                              30
                          Composite Supply and Mixed Supply

In order to identify if the particular supply is a Mixed
Supply, the first requisite is to rule out that the supply
is a composite supply. A supply can be a mixed supply
only if it is not a composite supply. As a corollary it can
be said that if the transaction consists of supplies not
naturally bundled in the ordinary course of business
then it would be a Mixed Supply. Once the amenability
of the transaction as a composite supply is ruled out, it
would be a mixed supply, classified in terms of a supply
of goods or services attracting highest rate of tax.
The following illustration given in the Education Guide
of CBEC referred to above can be a pointer towards a
mixed supply of services: -
"A house is given on rent one floor of which is to be used
as residence and the other for housing a printing press.
Such renting for two different purposes is not naturally
bundled in the ordinary course of business. Therefore,
if a single rent deed is executed it will be treated as a
service comprising entirely of such service which attracts
highest liability of service tax. In this case renting for use
as residence is a negative list service while renting for
non-residence use is chargeable to tax. Since the latter
category attracts highest liability of service tax amongst
the two services bundled together, the entire bundle
would be treated as renting of commercial property."

Determination of tax liability of tax liability of
Composite and Mixed Supplies
The tax liability on a composite or a mixed supply shall be


                             31
GST FLYERS

determined in the following manner, namely: --

a) acomposite supply comprising two or more supplies,
   one of which is a principal supply, shall be treated as a
   supply of such principal supply; and
b) amixed supply comprising two or more supplies shall
   be treated as a supply of that particular supply which
   attracts the highest rate of tax.
Time of supply in case of Composite supply
If the composite supply involves supply of services as
principal supply, such composite supply would qualify as
supply of services and accordingly the provisions relating to
time of supply of services would be applicable. Alternatively,
if composite supply involves supply of goods as principal
supply, such composite supply would qualify as supply of
goods and accordingly, the provisions relating to time of
supply of goods would be applicable.

Time of supply in case of mixed supplies
The mixed supply, if involves supply of a service liable to tax at
higher rates than any other constituent supplies, such mixed
supply would qualify as supply of services and accordingly
the provisions relating to time of supply of services would
be applicable. Alternatively, the mixed supply, if involves
supply of goods liable to tax at higher rates than any other
constituent supplies, such mixed supply would qualify as
supply of goods and accordingly the provisions relating to
time of supply of services would be applicable.



                               32
                           Composite Supply and Mixed Supply

Certain clarifications on composite and mixed supply
given by CBEC
The printing industry in India in particular faces a dilemma
in determining whether the nature of supply provided is that
of goods or services and whether in case certain contracts
involve both supply of goods and services, whether the
same would constitute a supply of goods or services or if
it would be a composite supply and in case it is, then what
would constitute the principal supply. It is to be noted that
in case of composite supplies, taxability is determined by
the principal supply. To address concerns of the printing
industry, CBEC has come out with Circular no.11/11/2017-
GST dated 20.10.2017, where in it is clarified as under:
"It is clarified that supply of books, pamphlets, brochures,
envelopes, annual reports, leaflets, cartons, boxes etc. printed
with logo, design, name, address or other contents supplied
by the recipient of such printed goods, are composite
supplies and the question, whether such supplies constitute
supply of goods or services would be determined on the
basis of what constitutes the principal supply.
In the case of printing of books, pamphlets, brochures,
annual reports, and the like, where only content is supplied
by the publisher or the person who owns the usage rights
to the intangible inputs while the physical inputs including
paper used for printing belong to the printer, supply of
printing [of the content supplied by the recipient of supply]
is the principal supply and therefore such supplies would
constitute supply of service falling under heading 9989 of
the scheme of classification of services.


                              33
GST FLYERS

In case of supply of printed envelopes, letter cards, printed
boxes, tissues, napkins, wall paper etc. falling under Chapter
48 or 49, printed with design, logo etc. supplied by the
recipient of goods but made using physical inputs including
paper belonging to the printer, predominant supply is that of
goods and the supply of printing of the content [supplied by
the recipient of supply] is ancillary to the principal supply of
goods and therefore such supplies would constitute supply
of goods falling under respective headings of Chapter 48 or
49 of the Customs Tariff.

                             ******




                              34
                                         Time of Supply in GST




                         Chapter Five



      Time of Supply in GST
Time of Supply
In order to calculate and discharge tax liability it is important
to know the date when the tax liability arises i.e. the date
on which the charging event has occurred. In GST law, it is
known as Time of Supply. GST law has provided separate
provisions to determine the time of supply of goods and
time of supply of services. Sections 12, 13 & 14 of the
CGST Act, 2017, deals with the provisions related to time
of supply and by virtue of section 20 of the IGST Act, 2017,
these provisions are also applicable to inter-State supplies
leviable to Integrated tax.

Point of time when supplier receives the payment or date
of receipt of payment
The phrase "the date on which supplier receives the payment"
or "the date of receipt of payment" means the date on which
payment is entered in books of accounts of the supplier
or the date on which the payment is credited to his bank
account, whichever is earlier.

Time of issue of invoice for supply


                               35
GST FLYERS

As per section 31 of the CGST Act, 2017 an invoice for
supply of goods needs to be issued before or at the time
of removal of goods for supply to the recipient where the
supply involves movement of goods. However, in other
cases, invoice needs to be issued before or at the time of
delivery of goods or making available goods to the recipient.
Similarly, an invoice for supply of services needs to be issued
before or after the provision of service but not later than
thirty days from the date of provision of service.

Time of supply of goods (Default Rule)
Earliest of the following dates
    ·    Date of issue of invoice by the supplier. If invoice
         is not issued, then the last date on which supplier
         is legally bound to issue the invoice with respect to
         the supply.
    ·    Date on which supplier receives the payment.
Section 148 of the CGST Act, 2017, confers powers on
the government (on the recommendation of the GST
Council) to notify certain classes of registered persons
and the special procedures to be followed by such
persons including those with regard to registration,
furnishing of return, payment of tax and administration
of such persons. In exercise of powers conferred by this
section, the government on the recommendations of the
GST Council has notified the registered persons (who
have not opted for composition levy) as the class of
persons who shall pay GST on outward supply of goods


                              36
                                      Time of Supply in GST

at the time of supply specified in clause (a) of sub-section
(2) of Section 12. Thus, in respect of supply of goods
by normal registered persons (other than composition
dealers), the time of supply will be the issue of invoice
(or the last date by which invoice has to be issued in
terms of Section 31) Therefore, all taxpayers (except
composition taxpayers) are exempted from paying GST
at the time of receipt of advance in relation to supply of
goods. The entire GST shall be payable only when the
invoice is issued for such supply of goods. The special
procedure will be applicable to this class of persons
(registered persons making supplies of goods other
than composition dealers) even in situations governed
by Section 14 of the Act (change in rate). Notification no.
66/2017-Central Tax dated 15.11.2017 may be referred
to.

Time of supply of services (Default Rule)
Earliest of the following dates
    ·   If the invoice is issued within the legally prescribed
        period under section 31(2) of the CGST Act, 2017
        read with Rule 47 of CGST Rules, 2017 (which is
        thirty days from the date of the supply of service),
        then the date of issue of invoice by the supplier or
        date of receipt of payment, which ever is earlier.
    ·   If the invoice is not issued within the legally
        prescribed period under section 31(2) of the CGST
        Act, 2017 then the date of provision of service or
        date of receipt of payment, whichever is earlier.


                             37
GST FLYERS

    ·    Date on which recipient shows the receipt of
         service in his books of account, in a case aforesaid
         two provisions do not apply.
The supply of services shall deemed to have been made to
the extent it is covered by the invoice or by the payment, as
the case may be. For example, Firm `A' receives an advance
of Rs. 2500/- on 29.07.2017 for provision ofservices worth
Rs. 10000/- to be supplied in the month of September,
then it is deemed that firm `A' has made a supply of Rs.
2500/- on 29.07.2017 and tax liability on Rs. 2500/- is to
be discharged by 20.08.2017.
Although tax is payable on any advance received for a
supply of services, however for the convenience of trade it
is provided that if a supplier of taxable services receives an
amount up to Rs. 1000/- in excess of the amount indicated
on the tax invoice, then the supplier has an option to take
the date of issue of invoice in respect of such supply as time
of supply. For example, if a supplier has received an amount
of Rs. 1500/- against an invoice of Rs.1100/- on 25.07.2017
and date of invoice of next supply to the said recipient is
14.08.2017, then he has option to treat the time of supply
w.r.t Rs. 400/- either as 25.07.2017 or 14.08.2017.

Time of supply of goods when tax is to be paid on reverse
charge basis
Earliest of the following dates
    ·    Date of receipt of goods
    ·    Date on which payment is entered in the books of


                             38
                                      Time of Supply in GST

        accounts of the recipient or the date on which the
        payment is debited in his bank account, whichever
        is earlier.
    ·   Date immediately following 30 days from the date
        of issue of invoice or any other legal document in
        lieu of invoice by the supplier.
However, if it is not possible to determine the time of
supply in aforesaid manner then the time of supply is the
date of entry of the transaction in the books of accounts of
the recipient of supply.

Time of supply of services when tax is to be paid on
reverse charge basis
Earliest of the following dates
    ·   Date of payment as entered in the books of account
        of the recipient or the date on which the payment
        is debited in his bank account, whichever is earlier
    ·   Date immediately following 60 days from the date
        of issue of invoice or any other legal document in
        lieu of invoice by the supplier.
However, if it is not possible to determine the time of
supply in aforesaid manner then the time of supply is the
date of entry of the transaction in the books of accounts of
the recipient of supply.

Time of supply of services in case of supply by
Associated Enterprises located outside India


                             39
GST FLYERS

In this case, the time of supply is the date of entry in the
books of account of the recipient or the date of payment,
whichever is earlier.

Time of supply in case of supply of vouchers
Voucher has been defined in the CGST Act, 2017 as an
instrument where there is an obligation to accept it as
consideration or part consideration for a supply of goods
or services or both and where the goods or services or both
to be supplied or the identities of their potential suppliers
are either indicated on the instrument itself or in related
documentation, including the terms and conditions of
use of such instrument. Vouchers are commonly used for
transaction in the Indian economy. A shopkeeper may issue
vouchers for specific supply i.e. supply is identifiable at the
time of issuance of voucher. In trade parlance, these are
known as single purpose vouchers. For example, vouchers
for pressure cookers or Television or for spa or haircut.
Similarly, a voucher can be general purpose voucher which
can be used for multiple purposes. For example, a Rs.
1000/- voucher issued by Shoppers' Stop store can be used
for buying any product at any Shoppes' Stop store. Time of
supply is different in case of single purpose voucher and in
the case of general purpose voucher.
Time of supply in the case of single purpose voucher i.e.
case where supply is identifiable at the time of issuance of
voucher is date of issue of voucher. However, in all other
cases of supply of vouchers, time of supply is date of
redemption of voucher.


                              40
                                         Time of Supply in GST

Time of supply of goods or services (Residual
provisions)
In case it is not possible to determine the time of supply
under aforesaid provisions, the time of supply is,-
    ·    Due date of filing of return, in case where periodical
         return has to be filed
    ·    Date of payment of tax in all other cases.

Time of supply of goods or services related to an
addition in the value of supply by way of interest, late
fees or penalty
Time of supply related to an addition in the value of supply
by way of interest, late fee or penalty for delayed payment
of any consideration shall be the date on which suppliers
receives such addition in value. For example a supplier
receives consideration in the month of September instead
of due date of July and for such delay he is eligible to
receive an interest amount of Rs. 1000/- and said amount is
received on 15.12.2017. The time of supply of such amount
(Rs. 1000/-) will be the 15.12.2017 i.e. the date on which
it is received by the supplier and tax liability on this is to be
discharged by 20.01.2018.

Change in Rate of Tax in respect of supply of goods or
services
Where there is a change in rate of tax of supply of goods
or services, time of supply has to be determined in the
following manner:-


                               41
GST FLYERS

Supply is completed before the change in rate of tax
  Invoice     Payment     Time of supply      Applicable
   issued     received                        rate of tax
before date before date
 of change of change
 in tax rate in tax rate
No           No          earliest of the     New rate of
                         date of invoice     tax
                         or payment
Yes          No          Date of issue of    Old tax rate
                         invoice.
No           Yes         Date of receipt     Old tax rate
                         of payment

Supply is completed after the change in rate of tax
   Invoice      Payment     Time of sup-    Applicable
issued before   received          ply        rate of tax
   date of     before date
change in tax of change in
     rate        tax rate
Yes           Yes          earliest of the Old rate of tax
                           date of invoice
                           or payment
Yes           No           Date of receipt New rate of tax
                           of payment
No            Yes          Date of issue New rate of tax
                           of invoice

However, the special procedure for payment of tax by


                            42
                                      Time of Supply in GST

suppliers of goods (other than composition dealers) notified
by Government vide notification no. 66/2017-Central Tax
dated 15.11.2017 under section 148 of the CGST Act,
2017, will continue to govern even in the above situation.
In a nutshell, suppliers of goods other than composition
dealers will have to pay tax at the time of issue of invoice
only.

Date of receipt of Payment in case of change in rate of
tax
Normally the date of receipt of payment is the date of credit
in the bank account of the recipient of payment or the date
on which the payment is entered into his books of account,
whichever is earlier. Further, the date of credit in the bank
account is relevant if such credit is after four working days
from the date of change in rate of tax.

                           ******




                             43
GST FLYERS




                         Chapter Six



GST on advances received for
      future supplies
Time of supply determines when the taxpayer is required
to discharge tax on particular supply. Time of supply
provisions are governed by Section 12 to 14 of the CGST
Act, 2017. As per the said provisions, the time of supply is
determined with reference to the time when the supplier
receives payment with respect to the supply as well as a
few other references like issue of invoice, receipt of goods
etc. In general, the time of supply is earliest of issuance of
invoice or receipt of payment. Therefore, in case of advance
received for any supply, time of supply is fixed at the point
when advance is received, irrespective of the fact whether
the supply is made or not. Accordingly, GST needs to be
paid with reference to the time at which advance is received,
if any, and this requires compliances with a few procedures,
documentation and reconciliation of taxes paid on the
advances and supply made.
As per the explanation 1 to Section 12 of the CGST Act,
2017 a "supply" shall be deemed to have been made to the
extent it is covered by the invoice or, as the case may be, the
payment. For instance, an advance of Rs. 10 lacs is received


                              44
                   GST on advances received for future supplies

for a supply worth Rs. 1 crore to be made in future. The time
of supply to the extent of advance received i.e. Rs.10 lacs
shall be at the time of receipt of advance and for the balance
amount of Rs. 90 lacs, it shall be determined with reference
to date of issue of invoice and other parameters.
It happens many a times that supply is cancelled after paying
advances. In such cases, depending on agreements, the
advances received may be refunded, forfeited, or adjusted for
later supplies. All this may require different tax treatments.
Recognizing the fact that small businessmen may be
burdened with compliance issues with regard to GST on
advances, the Government has come out with Notification
no. 66/2017 dated 15.11.2017, whereby all suppliers
of goods who have not opted for composition scheme,
have been exempted from the burden of paying GST on
Advances received. For such categories of taxpayers, time
of supply would arise only at the time of issue of invoice and
they need to discharge GST liability accordingly. But the
supplier of services are required to pay GST at the time of
receipt of advances.
Many of the goods which were in the highest tax bracket of
28% have been brought down to the 5/12/18% bracket after
the decision of the GST Council in its meeting held on
10.11.2017. Notification no. 41/2017-Central Tax (Rate)
dated 14.11.2017 has also been issued giving effect to the
revised rates. It may so happen that advances were given
when the rate was 28% and the supplier has paid tax on it.
Subsequently the rate has been reduced to say 18%. Now,
assuming supply happened after the change in tax rate and


                             45
GST FLYERS

the invoice for the same was also issued after the change
in tax rate, the time of supply, according to section 14 of
the CGST Act, is the date of issue of invoice. Therefore,
10% additional tax paid can either be adjusted against the
balance payment of tax against that particular supply or
claimed back as refund.
For the categories of taxpayers who are required to discharge
GST on Advances, the following would be relevant.

Compliances under GST:
As per Section 31 (3) (d) of the CGST Act, 2017, a
registered person shall, on receipt of advance payment
with respect to any supply of goods or services or
both, issue a receipt voucher or any other document,
containing such particulars as may be prescribed,
evidencing receipt of such payment;
The receipt voucher shall contain the particulars as contained
in Rule 50 of the CGST Rules, 2017 which are as follows:

a) name, address and Goods and Services Tax Identifica-
   tion Number of the supplier;
b) a consecutive serial number not exceeding sixteen char-
   acters, in one or multiple series, containing alphabets or
   numerals or special characters hyphen or dash and slash
   symbolized as "-" and "/" respectively, and any combina-
   tion thereof, unique for a financial year;
c)   date of its issue;
d) name, address and Goods and Services Tax Identifica-

                             46
                   GST on advances received for future supplies

     tion Number or Unique Identity Number, if registered,
     of the recipient;
e) description of goods or services;
f ) amount of advance taken;
g) rate of tax (central tax, State tax, integrated tax, Union
   territory tax or cess);
h) amount of tax charged in respect of taxable goods or
   services (central tax, State tax, integrated tax, Union
   territory tax or cess);
i)   place of supply along with the name of State and its
     code, in case of a supply in the course of inter-State
     trade or commerce;
j)   whether the tax is payable on reverse charge basis; and
k) signature or digital signature of the supplier or his au-
     thorised representative.
What if the rate of tax or place of supply is not
determinable at the time of receiving advance payment?
The proviso to Rule 50 of the Rules ibid provides that
where at the time of receipt of advance, if the rate of
tax is not determinable, the tax shall be paid at the rate
of 18% and if the nature of supply is not determinable,
the same shall be treated as inter-State supply and GST
should be paid accordingly.
Once an advance payment has been made and a receipt
voucher has also been issued, there may be situations
wherein the supply is subsequently not made and the
amount of advance is to be refunded back. There could


                             47
GST FLYERS

be multiple situations. One is that no tax invoice is issued
till then. In that case, the advance taken can be refunded
and a refund voucher need to be issued in such cases.
However, if tax invoice has already been issued, credit
note will have to be issued in order to square off the
transaction. Credit Note can be issued in terms of the
provisions contained in Section 34 of the Act ibid read
with Rule 54 of the Rules ibid.
As per Section 31 (3) (e) ibid, where, on receipt of advance
payment with respect to any supply of goods or services
or both the registered person issues a receipt voucher,
but subsequently no supply is made and no tax invoice is
issued in pursuance thereof, the said registered person
may issue to the person who had made the payment, a
refund voucher against such payment;
The refund voucher shall be as per Rule 51 of the Rules
ibid and shall contain following particulars:

a) name, address and Goods and Services Tax Identifica-
   tion Number of the supplier;
b) a consecutive serial number not exceeding sixteen char-
   acters, in one or multiple series, containing alphabets
   or numerals or special characters' hyphen or dash and
   slash symbolized as "-" and "/" respectively, and any
   combination thereof, unique for a financial year;
c)   date of its issue;
d) name, address and Goods and Services Tax Identifica-
   tion Number or Unique Identity Number, if registered,


                             48
                    GST on advances received for future supplies

     of the recipient;
e) number and date of receipt voucher issued in accor-
   dance with the provisions of rule 50;
f ) description of goods or services in respect of which re-
    fund is made; (g) amount of refund made;
g) rate of tax (central tax, State tax, integrated tax, Union
   territory tax or cess);
h) amount of tax paid in respect of such goods or services
   (central tax, State tax, integrated tax, Union territory
   tax or cess);
i)   whether the tax is payable on reverse charge basis; and
j)   signature or digital signature of the supplier or his au-
     thorised representative.

As per Rule 56(3) of the Rules ibid, every registered
person shall keep and maintain a separate account of
advances received, paid and adjustments made thereto.
Table 11 of GSTR 1: Consolidated Statement of
Advances Received/Advance adjusted in the current
tax period/ Amendments of information furnished
in earlier tax period: Rate wise and intra/interstate
wise
Table 11A of FORM GSTR-1 captures information related
to advances received, rate-wise, in the tax period and
tax to be paid thereon along with the respective place
of supply (POS). Table 11B captures adjustment of tax
paid on advance received and reported in earlier tax


                              49
GST FLYERS

periods against invoices issued in the current tax period.
The details of information relating to advances would
be submitted in Table 11A only if the invoice has not
been issued in the same tax period in which the advance
was received. Whereas adjustments made in respect
of advances received during the earlier tax period,
but invoices issued in the current tax period would be
reflected in Table 11B.
It may be noted that dates for FORM GSTR-2 and FORM
GSTR-3 have not been notified so far.

GST on advance received by Composition dealer:
A Composition dealer is governed by Section 10 of the
Act ibid which states as under:
10. (1) Notwithstanding anything to the contrary contained
in this Act but subject to the provisions of sub-sections (3)
and (4) of section 9, a registered person, whose aggregate
turnover in the preceding financial year did not exceed one
crore rupees, may opt to pay, in lieu of the tax payable by
him, an amount calculated at such rate as may be prescribed,
but not exceeding,­­
(a) one per cent of the turnover in State or turnover in
Union territory in case of a manufacturer or trader,
(b) two and a half per cent of the turnover in State or
turnover in Union territory in case of persons engaged in
making supplies referred to in clause (b) of paragraph 6 of
Schedule II, andsubject to such conditions and restrictions
as may be prescribed.


                             50
                  GST on advances received for future supplies

The provisions of Section 10 are subject to Section 9(3)
& (4) which would mean that the composition dealer
will have make necessary compliances on account of
reverse charge supplies (apart from payment of tax
u/s 10 at the prescribed rate on his outward supplies).
It may, however, be noted that provisions of Section
9(4) of the Act ibid has been suspended till 31.03.2018
vide Notification no.38/2017-Central Tax (Rate) dated
13.10.2017.Section 10 of the Act ibid also suggests that
a composition dealer has to pay, in lieu of tax payable by
him, an amount calculated at the prescribed rate. The
prescribed rate is applied on the turnover in the state
of the composition dealer. Turnover in a state has been
defined in Section 2(112) of the Act ibid as "turnover
in State" or "turnover in Union territory" means the
aggregate value of all taxable supplies (excluding the
value of inward supplies on which tax is payable by a
person on reverse charge basis) and exempt supplies
made within a State or Union territory by a taxable
person, exports of goods or services or both and inter-
State supplies of goods or services or both made from
the State or Union territory by the said taxable person
but excludes central tax, State tax, Union territory.
In Table 6 of the GSTR-4, the return for composition
taxpayer, the tax on outward supplies made shall
be computed as net of advance and goods returned.
Further, in Table 8, consolidated statement of Advances
paid/Advance adjusted on account of receipt of supply
need to be detailed.
A combined reading of the above provisions would

                            51
GST FLYERS

indicate that a composition dealer will not have to pay
any tax on advances received, if such advances pertain
to his outward supplies. The advances received and
goods returned do not form part of taxable supplies and
do not form part of the turnover in a state at the end of
the quarter (tax period) for the purpose of computing
turnover in a state.

                          ******




                           52
                        Chapter Seven



        Concept of Aggregate
         Turnover in GST
Turnover, in common parlance, is the total volume of a
business. The term `aggregate turnover' has been defined in
GST law as under:
"aggregate turnover" means the aggregate value of all taxable
supplies (excluding the value of inward supplies on which tax
is payable by a person on reverse charge basis), exempt supplies,
exports of goods or services or both and inter-State supplies of
persons having the same Permanent Account Number, to be
computed on all India basis but excludes central tax, State tax,
Union territory tax, integrated tax and cess.
The aggregate turnover is a crucial parameter for deciding
the eligibility of a supplier to avail the benefit of exemption
threshold of Rs. 20 Lakhs [Rs. 10 Lakhs in case of special
category States except J & K] and for determining the
threshold limit for composition levy. Let us dissect the
definition in small parts to understand the meaning clearly.
There are certain terms used in the definition which need a
bit of elaboration.
It may be noted that the inward supplies on which the


                               53
GST FLYERS

recipient is required to pay tax under Reverse Charge
Mechanism (RCM) does not form part of the `aggregate
turnover'. The law stipulates certain supplies like, Goods
Transport Agency services, services received from outside
India, to name a few, where the recipient of service is made
to pay the tax. The value of such supplies on which tax is paid,
would not form part of the `aggregate turnover' of recipient
of such supplies. However, the value of such supplies would
continue to be part of the `aggregate turnover' of the supplier
of such supplies.
The second element of value which would not be included
in the `aggregate turnover' is the element of central tax, state
tax, union territory tax and integrated tax and compensation
cess.
The value of exported goods/services, exempted goods/
services, inter-state supplies between distinct persons
having same PAN would be added to `aggregate turnover'.
Last but not the least, such turnover is to be calculated by
taking together the value in respect of the activities carried
out on all-India basis.
The aggregate turnover is different from turnover in a State.
The former is used for determining the threshold limit for
registration as well as eligibility for Composition Scheme.
However, the composition levy would be calculated on the
basis of turnover in the State.

                             ******



                              54
                       Chapter Eight



  Non-resident taxable person
           in GST
Introduction
"Non-resident taxable person" means any person who
occasionally undertakes transactions involving supply of
goods or services or both, whether as principal or agent or
in any other capacity, but who has no fixed place of business
or residence in India.
A non-resident taxable person making taxable supply in
India has to compulsorily take registration. There is no
threshold limit for registration. A non-resident taxable
person cannot exercise the option to pay tax under
composition levy. He has to apply for registration at least
five days prior to commencing his business in India using a
valid passport (and need not have a PAN number in India).
A business entity incorporated or established outside India,
has to submit the application for registration along with its
tax identification number or unique number on the basis of
which the entity is identified by the Government of that
country or its Permanent Account Number, if available.
A non-resident taxable person has to make an advance


                             55
GST FLYERS

deposit of tax in an amount equivalent to his estimated tax
liability for the period for which the registration is sought.
Registration: A non-resident taxable person is not required
to apply in normal application for registration being filed
by other taxpayers. A simplified form GST REG-09 is
required to be filled. A non-resident taxable person has
to electronically submit an application, along with aself-
attested copy of his valid passport, for registration, duly
signed or verified through EVC, in FORM GST REG-09,
at least five days prior to the commencement of business at
the Common Portal either directly or through a Facilitation
Centre notified by the Commissioner.
In case the non-resident taxable person is a business entity
incorporated or established outside India, the application
for registration shall be submitted along with its tax
identification number or unique number on the basis of
which the entity is identified by the Government of that
country or its PAN, if available.
The application for registration made by a non-resident
taxable person has to be signed by his authorized signatory
who shall be a person resident in India having a valid
PAN. On successful verification of PAN, mobile number
and e-mail address the person applying for registration as
a non-resident taxable person will be given a temporary
reference number by the Common Portal for making the
mandatory advance deposit of tax for an amount equivalent
to the estimated tax liability of such person for the period
for which the registration is sought. The registration
certificate shall be issued electronically only after the said


                             56
                           Non-resident taxable person in GST

deposit appears in his electronic cash ledger. The amount
deposited shall be credited to the electronic cash ledger of
the Non-resident person.
The non-resident taxable person can make taxable supplies
only after the issuance of the certificate of registration.
The certificate of registration shall be valid for the period
specified in the application for registration or ninety days
from the effective date of registration, whichever is earlier.
In case the non-resident taxable person intends to extend
the period of registration indicated in his application of
registration, an application in FORM GST REG-11 shall
be submitted electronically through the Common Portal,
either directly or through a Facilitation Centre notified
by the Commissioner, before the end of the validity of
registration granted to him. The validity period of ninety
days can be extended by a further period not exceeding
ninety days. The extension will be allowed only on payment
of the amount of an additional amount of tax equivalent
to the estimated tax liability for the period for which the
extension.
Input Tax Credit: Input tax credit shall not be available
in respect of goods or services or both received by a non-
resident taxable person except on goods imported by him.
The taxes paid by a non-resident taxable person shall be
available as credit to the respective recipients.
Returns: The non-resident taxable person shall furnish
a return in FORM GSTR-5 electronically through the
Common Portal, either directly or through a Facilitation
Centre notified by the Commissioner, including therein

                             57
GST FLYERS

the details of outward supplies and inward supplies and
shall pay the tax, interest, penalty, fees or any other amount
payable under the Act or these rules within twenty days
after the end of a calendar month or within seven days after
the last day of the validity period of registration, whichever
is earlier.
Refund: The amount of advance tax deposited by a non-
resident taxable person at the time of initial registration/
extension of registration, will be refunded only after the
person has furnished all the returns required in respect of
the entire period for which the certificate of registration
granted to him had remained in force. Refund can be
applied in the serial no. 13 of the FORM GSTR -5.

                            ******




                             58
                          Non-resident taxable person in GST




                       Chapter Nine



Casual taxable person in GST
Introduction:
"Casual taxable person" means a person who occasionally
undertakes transactions involving supply of goods or
services or both in the course or furtherance of business,
whether as principal, agent or in any other capacity, in a
State or a Union territory where he has no fixed place of
business.
A casual taxable person (other than those making supply of
specified handicraft goods) making taxable supply in India
has to compulsorily take registration. There is no threshold
limit for registration. Casual Taxable persons making
supply of specified handicraft goods need to register only
if their aggregate turnover crosses Rs. 20 Lakh (Rs. 10 lakh
for in case of Special Category States, other than the State
of Jammu and Kashmir.). A casual taxable person cannot
exercise the option to pay tax under composition levy.
He has to apply for registration at least five days prior to
commencing his business in India. The specified handicraft
goods are as under:




                            59
GST FLYERS


    Sr.              Products                 HSN Code
    No
1         Leather articles (including bags,   4201, 4202,
          purses, saddlery, harness, gar-     4203
          ments)
2         Carved wood products (including     4415, 4416
          boxes, inlay work, cases, casks)
3         Carved wood products (including     4419
          table and kitchenware)
4         Carved Wood Products                4420
5         Wood turning and lacquer ware       4421
6         Bamboo products [decorative and     46
          utility items]
7         Grass, leaf and reed and fiber      4601, 4602
          products, mats, pouches, wallets
8         Paper Mache articles                4823
9         Textile (handloom products),        Including 50,
          Handmade shawls,                    58, 61,62, 63
          stoles and scarves
10        Textiles hand printing              50,52,54
11        Zari thread                         5605
12        Carpet, rugs and durries            57
13        Textiles hand embroidery            58
14        Theatre costumes                    61,62,63
15        Coir products (including mats,      5705, 9404
          mattresses)



                             60
                               Casual taxable person in GST


16   Leather footwear                       6403, 6405
17   Carved stone products (including       6802
     statues, statuettes, figures of ani-
     mals, writing sets, ashtray, candle
     stand)
18   Stones inlay work                  68
19   Pottery and clay products, includ- 6901,6909,
     ing terracotta                     6911, 6912,
                                        6913, 6914
20   Metal table and kitchen ware 7418
     (copper, brass ware)
21   Metal statues, images/statues vas- 8306
     es, urns and crosses of the type
     used for decoration of metals of
     chapters 73 and 74
22   Metal bidriware                    8306
23   Musical instruments                92
24   Horn and bone products             96
25   Conch shell crafts                 96
26   Bamboo furniture, cane/Rattan
     furniture
27   Dolls and toys                     9503
28   Folk paintings, madhubani, 97
     patchitra, Rajasthani miniature
29   Chain switch                       Any chapter
30   Crewel, Namda, Gabba               Any chapter
31   Wicker willow products             Any chapter


                          61
GST FLYERS


32       Toran                                Any chapter
33       Articles made of shoal               Any chapter
A casual taxable person has to make an advance deposit of
tax in an amount equivalent to his estimated tax liability for
the period for which the registration is sought.

Registration:
A casual taxable person has to apply for registration at least
five days prior to the commencement of business. There is
no special form to register as a casual taxable person. The
normal FORM GST REG-01 which is used by other
taxable persons can be used for obtaining registration by
casual taxable person also. A casual taxable person, before
applying for registration, should declare his Permanent
Account Number, mobile number, e-mail address, State
or Union territory in Part A of FORM GST REG-01on
the common portal, either directly or through a Facilitation
Centre notified by the Commissioner.
The Permanent Account Number shall be validated online
by the common portal from the database maintained by
the Central Board of Direct Taxes. The mobile number
declared shall be verified through a one-time password sent
to the said mobile number; and the e-mail address shall
be verified through a separate one-time password sent to
the said e-mail address. On successful verification of the
Permanent Account Number, mobile number and e-mail
address, a temporary reference number shall be generated
and communicated to the applicant on the said mobile
number and e-mail address.

                             62
                                  Casual taxable person in GST

Using this reference number generated, the applicant shall
electronically submit an application in Part B of FORM
GST REG-01, duly signed or verified through electronic
verification code, along with the documents specified in the
said Form at the common portal, either directly or through
a Facilitation Centre notified by the Commissioner.
The applicant will be given a temporary reference number
by the Common Portal for making the mandatory advance
deposit of tax for an amount equivalent to the estimated
tax liability of such person for the period for which the
registration is sought. The registration certificate shall be
issued electronically only after the said deposit appears
in his electronic cash ledger. The amount deposited shall
be credited to the electronic cash ledger of casual taxable
person. On depositing the amount, an acknowledgement
shall be issued electronically to the applicant in FORM
GST REG-02.
The casual taxable person can make taxable supplies only
after the issuance of the certificate of registration. The
certificate of registration shall be valid for the period
specified in the application for registration or ninety days
from the effective date of registration, whichever is earlier.
In case the casual taxable person intends to extend the period
of registration indicated in his application of registration,
an application in FORM GST REG-11shall be submitted
electronically through the Common Portal, either directly or
through a Facilitation Centre notified by the Commissioner,
before the end of the validity of registration granted to him.
The validity period of ninety days can be extended by a


                             63
GST FLYERS

further period not exceeding ninety days. The extension will
be allowed only on payment of the amount of an additional
amount of tax equivalent to the estimated tax liability for
the period for which the extension is sought.

Returns:
The casual taxable person is required to furnish the following
returns electronically through the common portal, either
directly or through a Facilitation Centre notified by the
Commissioner:

a) FORM GSTR-1 giving the details of outward sup-
   plies of goods or services to be filed on or before the
   tenth day of the following month.
b) FORM GSTR-2, giving the details of inward supplies
   to be filed after tenth but before the fifteenth day of the
   following month.
c) FORM GSTR-3 to be filed after fifteenth day but be-
   fore the twentieth day of the following month.
d) FORM GSTR-3B to be filed but before the twentieth
    day of the following month.
It may be mentioned that presently only FORM GSTR-1
and FORM GSTR-3B is required to be filed.
Special Returns procedure for registered persons with
turnover up to Rs. 1.5 Crore:
The government has notified that the registered persons
having aggregate turnover of up to 1.5 crore rupees in the
preceding financial year or the current financial year, as

                             64
                                  Casual taxable person in GST

the class of registered persons who shall follow the special
procedure as detailed below for furnishing the details of
outward supply of goods or services or both.
The said persons shall furnish the details of outward supply
of goods or services or both in FORM GSTR-1 effected
during the quarter as specified in column (2) of the Table
below till the time period as specified in the corresponding
entry in column (3) of the said Table, namely

 Sr.       Quarter for which the       Time period for fur-
 No.             details in             nishing the details
         FORM GSTR-1 are fur-          in FORM GSTR-1
                   nished
1       July - September, 2017         10th January, 2018
2       October - December, 2017       15th February, 2018
3       January - March, 2018          30th April, 2018
The special procedure or extension of the time limit for
furnishing the details or return, as the case may be, under
sub-section (2) of section 38 (GSTR-2) and sub-section (1)
of section 39 (GSTR-3) of the Act, for the months of July,
2017 to March, 2018 shall be subsequently notified in the
Official Gazette.

Special Returns procedure for registered persons with
turnover exceeding Rs. 1.5 Crore:
The government has notified that the registered persons
having aggregate turnover of more than 1.5 crore rupees
in the preceding financial year or the current financial year
shall furnish the details of outward supply of goods or

                             65
GST FLYERS

services or both in FORM GSTR-1 effected during the
quarter as specified in column (2) of the Table below till
the time period as specified in the corresponding entry in
column (3) of the said Table, namely

    Sr.   Month for which the details Time period for
    No.                 in              furnishing the
            FORM GSTR-1 are fur- details in FORM
                     nished                GSTR-1
1         July - November, 2017       10th January, 2018
2         December, 2017              10th     February,
                                      2018
3         January, 2018               10th March, 2018
4         February, 2018              10th April, 2018
5         March, 2018                 10th May, 2018
The special procedure or extension of the time limit for
furnishing the details or return, as the case may be, under
sub-section (2) of section 38 (GSTR-2) and sub-section (1)
of section 39 (GSTR-3) of the Act, for the months of July,
2017 to March, 2018 shall be subsequently notified in the
Official Gazette.
However, a casual tax person shall not be required to file any
annual return as required by a normal registered taxpayer.

Refund by Casual taxable person:
The casual taxable person is eligible for the refund of any
balance of the advance tax deposited by him after adjusting
his tax liability. The balance advance tax deposit can be


                             66
                                    Casual taxable person in GST

refunded only after all the returns have been furnished,
in respect of the entire period for which the certificate of
registration was granted to him had remained in force. The
refund relating to balance in the electronic cash ledger has
to be made in serial no. 14 of the last FORM GSTR-3
return required to be furnished by him (instead of FORM
GST RFD 01).

                           ******




                            67
GST FLYERS




                         Chapter Ten



  Input Service Distributor in
             GST
Introduction
Input Service Distributor (ISD) means an office of the
supplier of goods or services or both which receives tax
invoices towards receipt of input services and issues a
prescribed document for the purposes of distributing the
credit of central tax (CGST), State tax (SGST)/ Union
territory tax (UTGST) or integrated tax (IGST) paid on
the said services to a supplier of taxable goods or services or
both having same PAN as that of the ISD.
It is important to note that the ISD mechanism is meant
only for distributing the credit on common invoices
pertaining to input services only and not goods (inputs or
capital goods). Companies may have their head office at
one place and units at other places which may be registered
separately. The Head Office would be procuring certain
services which would be for common utilization of all units
across the country. The bills for such expenses would be
raised on the Head Office. But the Head Office itself would
not be providing any output supply so as to utilize the credit
which gets accumulated on account of such input services.

                              68
                              Input Service Distributor in GST

Since the common expenditure is meant for the business
of all units, it is but natural that the credit of input services
in respect of such common invoices should be apportioned
between all the consuming units. ISD mechanism enables
such proportionate distribution of credit of input services
amongst all the consuming units.
The concept of ISD under GST is a legacy carried over from
the Service Tax Regime. An ISD will have to compulsorily
take a separate registration as such ISD and apply for
the same in form GST REG-1. There is no threshold
limit for registration for an ISD. The other locations may
be registered separately. Since the services relate to other
locations the corresponding credit should be transferred to
such locations (having separate registrations) as the output
services are being provided there.
For the purposes of distributing the input tax credit, an ISD
has to issue an ISD invoice, as prescribed in rule 54(1) of
the CGST Rules, 2017, clearly indicating in such invoice
that it is issued only for distribution of input tax credit. The
input tax credit available for distribution in a month shall
be distributed in the same month and details furnished
in FORM GSTR-6. Further, an ISD shall separately
distribute both the amount of ineligible and eligible input
tax credit. The input tax credit on account of central tax
and State tax or UT tax in respect of recipient located in
the same state shall be distributed as central tax and State
tax or UT tax respectively. The input tax credit on account
of central tax and State tax or UT tax shall, in respect of a
recipient located in a State or Union territory other than
that of the ISD, be distributed as integrated tax and the

                               69
GST FLYERS

amount to be so distributed shall be equal to the aggregate
of the amount of input tax credit of central tax and State tax
or Union territory tax that qualifies for distribution to such
recipient. The input tax credit on account of integrated tax
shall be distributed as integrated tax.
Let's take an example to understand this concept. The
Corporate office of ABC Ltd., is at Bangalore, with its
business locations of selling and servicing of goods at
Bangalore, Chennai, Mumbai and Kolkata. Software license
and maintenance is used at all the locations, but invoice for
these services (indicating CGST and SGST) are received at
Corporate Office. Since the software is used at all the four
locations, the input tax credit of entire services cannot be
claimed at Bangalore. The same has to be distributed to all
the four locations. For that reason, the Bangalore Corporate
office has to act as ISD to distribute the credit.
If the corporate office of ABC Ltd, an ISD situated in
Bangalore receives invoices indicating Rs. 4 lakh of Central
tax, Rs.4 lakhs of State tax and Rs. 7 lakh of integrated tax,
it can distribute central tax, State tax as well as integrated
tax of Rs. 15 lakh as credit of integrated tax amongst its
locations at Bangalore, Chennai, Mumbai and Kolkata
through an ISD invoice containing the amount of credit
distributed.
So in what ratio will the credit be distributed by the ISD?
The credit has to be distributed only to the unit to which
the supply is directly attributable to. If input services
are attributable to more than one recipient of credit, the
distribution shall be in the pro-rata basis of turnover in the

                             70
                             Input Service Distributor in GST

State/Union Territory. For example, if an ISD has 4 units
across the country. However, if a particular input service
pertains exclusively to only one unit and the bill is raised
in the name of ISD, the ISD can distribute the credit only
to that unit and not to other units. If the input services are
common for all units, then it will be distributed according
to the ratio of turnover of all the units. The following
illustration will clarify the issue
M/s XYZ Ltd, having its head Office at Mumbai, is registered
as ISD. It has three units in different states namely `Mumbai',
`Jabalpur' and `Delhi' which are operational in the current
year. M/s XYZ Ltd furnishes the following information for
the month of July, 2017 & asks for permission to distribute
the below input tax credit to various units.

i.     CGST paid on services used only for Mumbai
       Unit:     Rs.300000/-
ii.     IGST, CGST & SGST paid on services used for all
        units: Rs.1200000/-
Total Turnover of the units for the Financial Year 2015-16
are as follows: -

Unit                                        Turnover (Rs.)
Total Turnover of three units       = Rs. 10, 00, 00,000
Turnover of Mumbai unit             =Rs. 5, 00, 00,000 (50%)
Turnover of Jabalpur unit           = Rs. 3, 00, 00,000 (30%)
Turnover of Delhi unit              = Rs. 2, 00, 00,000 (20%)


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GST FLYERS

Computation of Input Tax Credit Distributed to various
units is as follows:

                   Credit distributed to all units
  Particulars   Total     Mumbai Jabal- Delhi
               credit                  pur
              available
CGST paid on 300000      300000 0              0
services used
onlyfor Mum-
bai Unit.
IGST, CGST 1200000 600000 360000 240000
& SGST paid
on services
used in all
units-
Distribution
on pro rata
basis toall the
units which
are operational
in the current
year
Total           1500000      900000    360000 240000
Note 1: Credit distributed pro rata basis on the basis of
the turnover of all the units is as under: -

a) Unit Mumbai: (50000000/100000000) *1200000 =


                           72
                             Input Service Distributor in GST

     Rs.600000
b) Unit Jabalpur: (30000000/100000000) *1200000 =
   Rs.360000
c)   Unit Delhi: (20000000/100000000) *1200000 =
     Rs.240000
An ISD will have to file monthly returns in GSTR-6
within thirteen days after the end of the month and will
have to furnish information of all ISD invoices issued. The
details in the returns will be made available to the respective
recipients in their GSTR 2A. The recipients may include
these in its GSTR-2 and take credit. An ISD shall not be
required to file Annual return. An ISD cannot accept any
invoices on which tax is to be discharged under reverse
charge mechanism. This is because the ISD mechanism is
only to facilitate distribution of credit of taxes paid. The
ISD itself cannot discharge any tax liability (as person liable
to pay tax) and remit tax to government account. If ISD
wants to take reverse charge supplies, then in that case ISD
has to separately register as Normal taxpayer.

Conclusion:
Thus the concept of ISD is a facility made available to
business having a large share of common expenditure and
billing/payment is done from a centralized location. The
mechanism is meant to simplify the credit taking process for
entities and the facility is meant to strengthen the seamless
flow of credit under GST.

                            ******

                              73
GST FLYERS




                      Chapter Eleven



Composition Levy Scheme in
          GST
1.    Composition Levy Scheme under GST law.
Composition levy scheme is a very simple, hassle free
compliance scheme for small taxpayers. It is a voluntary and
optional scheme.

Benefits of composition scheme
    ·    Easy compliance as no elaborate accounts and
         records to be maintained
    ·    Simple Quarterly Return
    ·    Quarterly payment of tax
Provisions related to composition levy have been provided
under section 10 of the Central GST Act, 2017 and
Chapter 2 of the CGST Rules, 2017. Under this scheme,
a registered taxable person, whose aggregate turnover does
not exceed Rs. One crores (Rs. 75 lakh for special category
States except J & K and Uttrakhand) in the financial year
2016-17 may opt for this scheme.
        A taxpayer registered under composition levy scheme


                             74
                             Composition Levy Scheme in GST

has to pay an amount equal to certain fixed percentage of
his annual turnover as tax to the government. This tax has
to be paid on quarterly basis. Such taxpayer does not have to
maintain elaborate accounts and records and instead of two
monthly statements and a return (which a normal taxpayer
has to file under GST), he has to file a simple quarterly
return in FORM GSTR-04. The time Limit for GSTR-4
for the quarter July to September, 2017 has been extended
to 24th December, 2017 vide Notification No. 59/2017-
CGST.
        However, upon opting for this scheme, he cannot
issue taxable invoice under GST law and can neither collect
GST from his customers nor can claim Input Tax credit on
his purchases.
2.     Method to calculate Aggregate Turnover
Aggregate turnover is computed on all India basis for a
person having same Permanent Account Number (PAN).
It is sum of value of all outward supplies falling in the
following four categories:
    ·    Taxable supplies
    ·    Exempt supplies
    ·    Exports of goods or services or both
    ·    Inter-state supplies.

but excludes
    ·    the value of inward supplies on which tax is payable
         by a person on reverse charge basis &

                             75
GST FLYERS

     ·    taxes including cess paid under GST law.
     ·    CBEC vide Order No. 01/2017-Central Tax dated
          13th October, 2017 has clarified that a person
          supplying any exempt services including services
          by way of extending deposits, loans or advances in
          so far as the consideration is represented by way of
          interest or discount, shall not be ineligible for the
          composition scheme. In computing his aggregate
          turnover in order to determine his eligibility for
          composition scheme, value of supply of the exempt
          services including services by way of extending
          deposits, loans or advances shall not be taken into
          account.

3.       Registration and intimation under the scheme.
Registration under GST law is compulsory for opting for
the Composition scheme. A person who is registered under
existing laws and has obtained a provisional registration
under GST has to file an electronic intimation in the
FORM GST CMP-01 on the common portal (www.
gstn.gov.in). He can file this intimation either before the
appointed day (i.e. day on which GST came into force
01/07/2017) or within 30 days (or as extended by the
commissioner) of the appointed day (01/07/2017), (which
was later extended up to 16/08/2017). If he intimates after
the appointed day, he shall not collect GST and issue bill of
supply from the appointed day. Further such person has to
furnish a statement containing details of stock including the
inward supply of goods received from unregistered persons,
held by him on the day preceding the date from which he

                              76
                            Composition Levy Scheme in GST

opts for the scheme, in FORM GST CMP-03, within 60
days (or as extended by the commissioner) of the date from
which the option for composition levy is exercised. As per
Order No. 11/2017-GST dated 21.12.2017, the period for
intimation of details of stock in FORM GST CMP-03 is
extended till 31stJanuary, 2018
A person who is not registered under existing law but
applies for fresh registration under Rule 8 of the CGST
Rules, 2017 may opt for the scheme by providing necessary
information under part B of FORM GST REG-01.
Any registered person who wants to opt for composition
levy has to file an electronic intimation in the FORM
GST CMP-02 prior to the commencement of financial
year for which the option to pay tax under composition
levy is exercised and also has to a furnish a statement in
FORM GST ITC-03 in accordance with the sub rule (4)
of Rule 44 of CGST Rules, 2017, within 90 days from the
commencement of the relevant financial year.
A person having a single PAN and registered in more than
one State under GST can opt for the scheme, provided
he meets all the conditions of the scheme, only if all such
registered persons opt for the Composition scheme. A
registered person cannot choose to opt for the Composition
scheme in one state and not in other states. Further, an
intimation for withdrawal from the scheme; or denial of the
scheme with respect to any one registered person under the
same PAN will be applicable for all such registered persons.

4.     Effective Date for composition levy


                            77
GST FLYERS

Effective date for the taxpayers who are already registered
under the existing laws and obtained provisional registration
under GST law and intimates about opting for the scheme
either before the appointed day (01/07/2017) or within
30 days (or as extended) of the appointed day, shall be the
appointed date.
Effective date for registered taxpayer who intimates
about opting for the scheme under FORM GST CMP-02,
shall be the beginning of the financial year
Effective date for a person who applies for fresh registration
under Rule 8 of the CGST Rules, 2017 by providing
necessary information under part B of FORM GST REG-
01, shall be the effective date of registration as per sub rule
2 or 3 of Rule 10 of CGST Rules, 2017.

5.     Persons who are not eligible for the scheme.
Barring few exceptions, all registered taxable persons
whose aggregate turnover has not exceeded Rs. One crore
(Rs. 75 lakhs for special category states except J & K and
Uttrakhand) in the financial year 2016-17 are eligible to opt
for this scheme. List of taxable persons who are not eligible
for the scheme is as below:

i.     A casual taxable person i.e. a person who occasional-
       ly undertakes supplies in a State or Union Territory
       where he has no fixed place of business.
ii.    A non-resident Taxable person i.e. a person who oc-
       casionally undertakes supplies but has no fixed place


                              78
                              Composition Levy Scheme in GST

        of business or residence in India.
iii.    A supplier of services except a person engaged in
        supply of restaurant service.
iv.     A person engaged in providing inter-state supply of
        goods.
v.      A person engaged in supply of non-taxable goods i.e.
        goods which are not taxable under GST law
vi.     A person engaged in supply of goods through an
        Electronic Commerce Operator (ECO) who is re-
        quired to collect Tax at source under section 52 of
        the CGST Act.
vii.    The goods held in stock by him on the appointed day
        have not been purchasedin the course of inter-State trade
        or commerce or imported from a place outside Indiaor
        received from his branch situated outside the State or
        from his agent or principaloutside the State where reg-
        istration under the Composition Scheme has been taken.
viii.   the goods held in stock by him have not
        been      purchased     from       an      unregistered
        supplier and where purchased, he pays the tax under the
        reverse charge mechanism.
ix.     A person engaged in manufacturing of goods no-
        tified under sec 10 (2) (e) of the CGST Act either
        in the year 2016-17 or later. Following goods have
        been notified for which composition scheme is not
        available.




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GST FLYERS


 S.          Classification                   Description
 No.         (Tariff item/
               Chapter)
1          2105 00 00         Ice cream and other edible ice, whether or not
                              containing cocoa
2          2106 90 20         Pan masala
3                 24          Tobacco and manufactured tobacco substi-
                              tutes

6.         Rate of Tax under the scheme
There are three rates prescribed for three different categories
of suppliers.
       ·      An eligible Manufacturer has to pay 1% (0.5%
              CGST and 0.5% SGST/UTGST) of turnover in
              a state or Union Territory, as the case may be.
       ·      An eligible person engaged in making supplies
              mentioned in clause (b) of para 6 of Schedule II
              of the CGST Act (supplier of restaurant Service)
              has to pay 5% (2.5% CGST and 2.5% SGST/
              UTGST) of turnover in a state or Union Territory,
              as the case may be.
       ·      An eligible person engaged in any other supply
              has to pay 1% (0.5% CGST and 0.5% SGST/
              UTGST) of turnover of taxable supplies of goods
              in a state or Union Territory, as the case may be.

7.         Bill of Supply
A taxable person opting for the scheme has to issue bill of


                                     80
                             Composition Levy Scheme in GST

supply as he is not eligible to issue taxable invoice under
GST. He has to mention the words "composition taxable
person, not eligible to collect tax on supplies" at the top of
every bill of supply issued by him.

8.     Conditions & Restrictions under the scheme
A person opting for the scheme has to adhere to the
following conditions
    ·    Issue bill of supply in the prescribed manner
    ·    Pay all taxes on purchases including taxes to be
         paid on reverse charge basis
    ·    Don't claim input tax credit of purchases
    ·    Mention the words "composition taxable person"
         on every notice board or signboard displayed at the
         prominent place at his every place of business.
    ·    Where ever a person, registered under any of the
         existing laws, and who has been given provisional
         registration, gives an intimation for the composition
         scheme, he shall not be allowed the composition
         scheme in case the goods held in stock by him
         on the appointed day have been purchased in
         the course of inter-State trade or commerce or
         imported from a place outside India or received
         from his branch situated outside the State or from
         his agent or principal outside the State.
    ·    Withdraw from the scheme if not eligible



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GST FLYERS

9.      Validity of the composition levy scheme
A person opting for the composition levy scheme can
continue to pay tax under the said scheme as long as he
satisfies the eligibility criteria and conditions related to the
scheme and do not require to file a fresh application every
year. But, such a person shall be liable to pay tax under sub-
section (1) of section 9 of the CGST Act, 2017 from the
day he ceases to satisfy any of the conditions and shall issue
tax invoice for every taxable supply made thereafter and he
shall also file an intimation for withdrawal from the scheme.
10.       Conditions which may render a person in-eligible
          for the scheme
A person is in-eligible for the scheme, if
      ·    he wrongly opts for the scheme.
      ·    his turnover exceeds Rs. One crore (In the case of
           9 North East and special category states, namely
           Arunachal Pradesh, Assam, Manipur, Meghalaya,
           Mizoram, Nagaland, Sikkim, Tripura and
           Himachal Pradesh, the limit of turnover is Rs. 75
           Lakhs in the preceding financial year)
      ·    he contravenes eligibility criteria or any of the
           conditions of the scheme

11.       Withdrawal from the composition levy scheme and
          procedure thereafter.
A registered person who intends to withdraw from the
scheme has to file an intimation for withdrawal from the


                              82
                             Composition Levy Scheme in GST

scheme in the FORM GST CMP-04, before the date of
such withdrawal. A registered person who ceases to satisfy
any provision of the scheme has to file an intimation for
withdrawal from the scheme in the FORM GST CMP-
04, within 7 days of occurrence of such event. After opting
out of the scheme, he has to pay tax as normal tax payer and
issue tax invoice for every taxable supply made thereafter
Subsequently he has to forward a statement in FORM
GST ITC-01 containing details of the stock of the inputs
and inputs contained in semi-finished or finished goods
held in stock by him on the date on which the option is
withdrawn. The said statement has to be submitted on the
common portal within 30 days from the date of withdrawal.
He shall be entitled to take credit of input tax in respect
of inputs held in stock, inputs contained in semi-finished
or finished goods held in stock and on capital goods on
the day immediately preceding the date from which he
becomes liable to pay tax as normal taxpayer under section
9 of the CGST Act, 2017.
12.    Action for wrongly opting the scheme or for
       contravention of any provision of the scheme
In the scenario, when the proper officer has reason to believe
that the registered person has wrongly opted for the scheme
or he has contravened the provisions of the scheme, then
he will seek a reply by issuing a show cause notice to such
person in the FORM GST CMP-05. This notice is to be
replied within 15 days of receipt of the same. Thereafter
within 30 days of receipt of reply, officer has to issue an
order in FORM GST CMP-07, either accepting the reply
or denying the option to pay tax under the scheme.

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GST FLYERS

Subsequently the registered person who has been denied
the option to pay tax under the scheme has to forward a
statement in FORM GST ITC-01 containing details
of the stock of the inputs and inputs contained in semi-
finished or finished goods held in stock by him on the date
on which the option is denied. The said statement has to be
submitted on the common portal within 30 days from the
date of denial order passed in the FORM GST CMP-07.
The delinquent taxpayer will be liable to pay the due tax and
penalty. However, no adverse action will be taken without
following the principles of natural justice.

                            ******




                             84
                      Chapter Twelve



  Reverse Charge Mechanism
           in GST
Generally, the supplier of goods or services is liable to pay
GST. However, in specified cases like imports and other
notified supplies, the liability may be cast on the recipient
under the reverse charge mechanism. Reverse Charge
means the liability to pay tax is on the recipient of supply
of goods or services instead of the supplier of such goods or
services in respect of notified categories of supply.
There are two type of reverse charge scenarios provided
in law. First is dependent on the nature of supply and/or
nature of supplier. This scenario is covered by section 9 (3)
of the CGST/SGST (UTGST) Act and section 5 (3) of
the IGST Act. Second scenario is covered by section 9 (4)
of the CGST/SGST (UTGST) Act and section 5 (4) of
the IGST Act where taxable supplies by any unregistered
person to a registered person is covered.
As per the provisions of section 9(3) of CGST / SGST
(UTGST) Act, 2017 / section 5(3)of IGST Act, 2017, the
Government may, on the recommendations of the Council,
by notification, specify categories of supply of goods or
services or both, the tax on which shall be paid on reverse


                             85
GST FLYERS

charge basis by the recipient of such goods or services or
both and all the provisions of this Act shall apply to such
recipient as if he is the person liable for paying the tax in
relation to the supply of such goods or services or both.
Similarly, section 9(4) of CGST / SGST (UTGST) Act,
2017 / section 5(4) of IGST Act, 2017 provides that the tax
in respect of the supply of taxable goods or services or both
by a supplier, who is not registered, to a registered person
shall be paid by such person on reverse charge basis as the
recipient and all the provisions of this Act shall apply to
such recipient as if he is the person liable for paying the tax
in relation to the supply of such goods or services or both.
Accordingly, wherever a registered person procures supplies
from an unregistered supplier, he need to pay GST on reverse
charge basis. However, supplies where the aggregate value
of such supplies of goods or service or both received by a
registered person from any or all the unregistered suppliers
is less than five thousand rupees in a day are exempted. (
Notification 8/2017-Central Tax (Rate) dated 28.06.2017).
However, vide notification no.38/2017-Central Tax (Rate)
dated 13.10.2017, (corresponding IGST notification
no.32/2017-Integrated Tax (Rate) dated 13.10.2017) all
categories of registered persons are exempted from the
provisions of reverse charge under 9(4) of CGST / SGST
(UTGST) Act, 2017 / section 5(4) of IGST Act, 2017, till
31.03.2018. This exemption is available only till 31.03.2018.
The provisions of section 9(4) of the CGST Act, 2017,
will not be applicable to supplies made to a TDS
deductor in terms of notification no.9/2017-Central Tax
(Rate) dated 28.06.2017. Thus, Government entities

                              86
                           Reverse Charge Mechanism in GST

who are TDS Deductors under Section 51 of CGST Act,
2015, need not pay GST under reverse charge in case of
procurements from unregistered suppliers.
Registration: A person who is required to pay tax under
reverse charge has to compulsorily register under GST
and the threshold limit of Rs. 20 lakh (Rs. 10 lakh for
special category states except J & K) is not applicable to
them.

ITC:
 A supplier cannot take ITC of GST paid on goods or
services used to make supplies on which recipient is liable
to pay tax.

Time of Supply
The Time of supply is the point when the supply is liable
to GST. One of the factor relevant for determining time
of supply is the person who is liable to pay tax. In reverse
charge, recipient is liable to pay GST. Thus time of supply
for supplies under reverse charge is different from the
supplies which are under forward charge.
In case of supply of goods, time of supply is earliest of -

a) date of receipt of goods; or
b) date of payment as per books of account or date of deb-
   it in bank account, whichever is earlier; or
c)   the date immediately following thirty days from the
     date of issue of invoice or similar other document.

                              87
GST FLYERS

In case of supply of services, time of supply is earliest of -

a) date of payment as per books of account or date of deb-
   it in bank account, whichever is earlier; or
b) the date immediately following sixty days from the
    date of issue of invoice or similar other document.
Where it is not possible to determine time of supply using
above methods, time of supply would be date of entry in the
books of account of the recipient.

Compliances in respect of supplies under reverse
charge mechanism:
1.     As per section 31 of the CGST Act, 2017 read with
       Rule 46 of the CGST Rules, 2017, every tax invoice
       has to mention whether the tax in respect of supply
       in the invoice is payable on reverse charge. Similarly,
       this also needs to be mentioned in receipt voucher
       as well as refund voucher, if tax is payable on reverse
       charge.
2.     Maintenance of accounts by registered persons:
       Every registered person is required to keep and
       maintain records of all supplies attracting payment
       of tax on reverse charge
3.     Any amount payable under reverse charge shall be
       paid by debiting the electronic cash ledger. In other
       words, reverse charge liability cannot be discharged
       by using input tax credit. However, after discharging
       reverse charge liability, credit of the same can be
       taken by the recipient, if he is otherwise eligible.


                              88
                            Reverse Charge Mechanism in GST

4.     Invoice level information in respect of all supplies
       attracting reverse charge, rate wise, are to be furnished
       separately in the table 4B of GSTR-1.
5.     Advance paid for reverse charge supplies is also
       leviable to GST. The person making advance payment
       has to pay tax on reverse charge basis.
Supplies of goods under reverse charge
mechanism:
  S/      Description of  Supplier of            Recipient of
 No.     supply of Goods    goods                  Goods
1       Cashew nuts, not Agriculturist          Any regis-
        shelled or peeled                       tered person


2       Bidi       wrapper Agriculturist       Any regis-
        leaves (tendu)                         tered person
3       Tobacco leaves     Agriculturist       Any regis-
                                               tered person
4       Silk yarn              Any person Any regis-
                               who manufac- tered person
                               tures silk yarn
                               from raw silk
                               or silk worm
                               cocoons for
                               supply of silk
                               yarn




                              89
GST FLYERS


4A     Raw cotton           Agriculturist    Any regis-
                                             tered person.

5      Supply of lottery   State Govern-     Lottery dis-
                           ment, Union       tributor or
                           Territory or      selling agent
                           any local au-
                           thority
6      Used      vehicles, Central Gov-      Any regis-
       seized and confis- ernment,           tered person
       cated goods, old
       and used goods, State Govern-
       waste and scrap     ment, Union
                           territory or a
                           local authority

Supplies of services under reverse charge mechanism:
 S/      Description       Supplier of       Recipient of
 No.     of supply of        service           service
           Service




                           90
                       Reverse Charge Mechanism in GST


1   Any service        Any person        Any person
    supplied by any    located in a      located in
    person who                           the taxable
    is located in      non-taxable       territory other
    a non-taxable      territory         than non-
    territory to any                     taxable online
    person other                         recipient.
    than non-
    taxable online
    recipient.
2   GTA Services       Goods             Any factory,
                       Transport         society, co-
                       Agency (GTA)      operative
                       who has not       society,
                       paid integrated   registered
                       tax at the rate   person, body
                       of 12%            corporate,
                                         partnership
                                         firm, casual
                                         taxable person;
                                         located in
                                         the taxable
                                         territory




                         91
GST FLYERS


3     Legal Services      An individual     Any business
      by advocate         advocate          entity located
                          including a       in the taxable
                          senior advocate   territory
                          or firm of
                          advocates
4     Services            An arbitral       Any business
      supplied by an      tribunal          entity located
      arbitral tribunal                     in the taxable
      to a business                         territory
      entity
5     Services            Any person        Any body
      provided by way                       corporate or
      of sponsorship                        partnership
      to any body                           firm located
      corporate or                          in the taxable
      partnership                           territory
      firm
6     Services            Central           Any business
      supplied by         Government,       entity located
      the Central         State             in the taxable
      Government,         Government,       territory
      State               Union territory
      Government,         or local
      Union territory     authority
      or local
      authority to a
      business entity
      excluding, -


                            92
                    Reverse Charge Mechanism in GST


(1) renting of
immovable
property, and
(2) services
specified below-
(i) services by
the Department
of Posts by
way of speed
post, express
parcel post, life
insurance, and
agency services
provided to a
person other
than Central
Government,
State
Government or
Union territory
or local
authority;
(ii) services in
relation to an
aircraft or a
vessel, inside
or outside the
precincts of
a port or an
airport;
(iii) transport
of goods or
passengers.


                      93
GST FLYERS


7     Services          A director of a The company
      supplied by a     company or a or a body
      director of a     body corporate corporate
      company or a                      located in
      body corporate                    the taxable
      to the said                       territory
      company or the
      body corporate
8     Services          An insurance   Any person
      supplied by       agent          carrying on
      an insurance                     insurance
      agent to any                     business,
      person carrying                  located in
      on insurance                     the taxable
      business                         territory
9     Services          A recovery     A banking
      supplied by a     agent          company or
      recovery agent                   a financial
      to a banking                     institution or
      company or                       a non-banking
      a financial                      financial
      institution or                   company,
      a non-banking                    located in
      financial                        the taxable
      company                          territory


                          94
                       Reverse Charge Mechanism in GST


10   Services          A person          Importer, as
     supplied by a     located in        defined in
     person located    non-taxable       clause (26) of
     in non- taxable   territory         section 2 of
     territory                           the Customs
     by way of                           Act, 1962(52
     transportation                      of 1962),
     of goods by a                       located in
     vessel from a                       the taxable
     place outside                       territory
     India up to the
     customs station
     of clearance in
     India
11   Supply of         Author            Publisher,
     services by an    or music          music
     author, music     composer,         company,
     composer,         photograph        producer
     photographer,     her, artist, or   or the like,
     artist or the     the like          located in
     like by way                         the taxable
     of transfer or                      territory
     permitting
     the use or
     enjoyment of
     a copyright
     covered under
     section 13(1)



                          95
GST FLYERS


      (a) of the
      Copyright Act,
      1957 relating to
      original literary,
      dramatic,
      musical or
      artistic works
      to a publisher,
      music company,
      producer or the
      like
12    Supply of            Members of       Reserve Bank
      services by the      Overseeing       of
      members of
      Overseeing           Committee        India.
      Committee to         constituted by
      Reserve Bank         the Reserve
      of India             Bank of India


                            ******




                             96
                           Reverse Charge Mechanism in GST




                      Chapter Thirteen



   Tax Invoice and other such
      instruments in GST
Introduction
Generally speaking, an invoice is a commercial instrument
issued by a seller to a buyer. It identifies both the trading
parties and lists, describes, and quantifies the items sold,
shows the date of shipment and mode of transport, prices
and discounts, if any, and delivery and payment terms.
In certain cases, (especially when it is signed by the seller
or seller's agent), an invoice serves as a demand for payment
and becomes a document of title when paid in full. Types
of invoice include commercial invoice, consular invoice,
customs invoice, and proforma invoice. It is also called a bill
of sale or contract of sale.

Invoice under GST
Under the GST regime, an "invoice" or "tax invoice" means
the tax invoice referred to in section 31 of the CGST
Act, 2017. This section mandates issuance of invoice or
a bill of supply for every supply of goods or services. It
is not necessary that only a person supplying goods or


                              97
GST FLYERS

services need to issue invoice. The GST law mandates
that any registered person buying goods or services from
an unregistered person needs to issue a payment voucher
as well as a tax invoice. The type of invoice to be issued
depends upon the category of registered person making
the supply. For example, if a registered person is making
or receiving supplies (from unregistered persons), then a
tax invoice needs to be issued by such registered person.
However, if a registered person is dealing only in exempted
supplies or is availing of composition scheme (composition
dealer), then such a registered person needs to issue a bill
of supply in lieu of invoice. The invoice should contain
description, quantity and value & such other prescribed
particulars (in case of supply of goods) and the description
and value & such other prescribed particulars (in case of
supply of services). An invoice or a bill of supply need not
be issued if the value of the supply is less than Rs. 200/-
subject to specified conditions.

Importance of tax invoice under GST
Under GST a tax invoice is an important document. It
not only evidences supply of goods or services, but is also
an essential document for the recipient to avail Input Tax
Credit (ITC). A registered person cannot avail input tax
credit unless he is in possession of a tax invoice or a debit
note.
GST is chargeable at the time of supply. Invoice is
an important indicator of the time of supply. Broadly
speaking, the time of supply of goods or services is the date
of issuance of invoice or receipt of payment whichever is

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                Tax Invoice and other such instruments in GST

earlier. However, a special procedure for payment of tax
has been prescribed for registered persons (other than
composition dealers) supplying goods. Such category of
persons (suppliers of goods other than composition dealers)
need to pay GST only at the time of issue of invoice
irrespective of when they receive payment.
Thus the importance of invoice under GST cannot be over-
emphasised. Suffice it to say, the tax invoice is the primary
document evidencing the supply and vital for availing input
tax credit.

When a tax invoice or a bill of supply should be issued by
a registered person

Goods
The time for issuing invoice would depend on the nature
of supply viz whether it is a supply of goods or services.
A registered person supplying taxable goods shall, before
or at the time of removal of goods (where supply involves
movement of goods) or delivery or making available thereof
to the recipient, issue a tax invoice showing the description,
quantity and value of goods, the tax charged thereon and
such other particulars has been prescribed in the Invoice
Rules.
The Government may, on the recommendations of the
Council, by notification, specify the categories of goods or
supplies in respect of which a tax invoice shall be issued,
within such time and in such manner as may be prescribed.



                             99
GST FLYERS

Contents of invoice
There is no format prescribed for an invoice, however,
Invoice rules makes it mandatory for an invoice to have
following fields (only applicable field are to be filled):

a) name, address and GSTIN of the supplier;
b) a consecutive serial number, in one or multiple series,
   containing alphabets or numerals or special characters
   hyphen or dash and slash symbolised as "-" and "/" re-
   spectively, and any combination thereof, unique for a
   financial year;
c)   date of its issue;
d) name, address and GSTIN or UIN, if registered, of the
   recipient;
e) name and address of the recipient and the address of
   delivery, along with the name of State and its code, if
   such recipient is un-registered and where the value of
   taxable supply is fifty thousand rupees or more;
f ) HSN code of goods or Accounting Code of services;
g) description of goods or services;
h) quantity in case of goods and unit or Unique Quantity
   Code thereof;
i)   total value of supply of goods or services or both;
j)   taxable value of supply of goods or services or both tak-
     ing into account discount or abatement, if any;
k) rate of tax (central tax, State tax, integrated tax, Union





                             100
                 Tax Invoice and other such instruments in GST

     territory tax or cess);
l)   amount of tax charged in respect of taxable goods or
     services (central tax, State tax, integrated tax, Union
     territory tax or cess);
m) place of supply along with the name of State, in case of
   a supply in the course of inter-State trade or commerce;
n) address of delivery where the same is different from the
   place of supply;
o) whether the tax is payable on reverse charge basis; and
p) signature or digital signature of the supplier or his au-
   thorized representative
Contents of Bill of Supply
A bill of supply shall be issued by the supplier containing
the following details:-

a) name, address and GSTIN of the supplier;
b) a consecutive serial number, in one or multiple series,
   containing alphabets or numerals or special characters
   -hyphen or dash and slash symbolised as "-" and "/"re-
   spectively, and any combination thereof, unique for a
   financial year;
c)   date of its issue
d) name, address and GSTIN or UIN, if registered, of the
   recipient;
e) HSN Code of goods or Accounting Code for services;
f ) description of goods or services or both;

                               101
GST FLYERS

g) value of supply of goods or services or both taking into
   account discount or abatement, if any; and
h) signature or digital signature of the supplier or his au-
   thorized representative
Services
A registered person supplying taxable services shall, before
or after the provision of service but within a prescribed
period, issue a tax invoice, showing the description, value,
tax charged thereon and such other particulars as has been
prescribed in the Invoice Rules.
The Government may, on the recommendations of the
Council, by notification and subject to such conditions as
may be mentioned therein, specify the categories of services
in respect of which­­

a) any other document issued in relation to the supply
   shall be deemed to be a tax invoice; or
b) tax invoice may not be issued.
Thus it can be seen that in case of goods, an invoice has to
be issued before or at the time of supply. In case of services,
however, invoice has to be issued before or after provision of
services. If the invoice is issued after provision of service, it
has to be done within the specified period of 30 days from
the date of supply of service, as per invoice rules.

Revised Invoice
A registered person may, within one month from the date


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                Tax Invoice and other such instruments in GST

of issuance of certificate of registration and in such manner
as has been prescribed in the Invoice Rules, issue a revised
invoice against the invoice already issued during the period
beginning with the effective date of registration till the
date of issuance of certificate of registration to him. This
provision is necessary as a person who becomes liable for
registration has to apply for registration within 30 days of
becoming liable for registration. When such an application is
made within the time period and registration is granted, the
effective date of registration is the date on which the person
became liable for registration. Thus there would be a time
lag between the date of grant of certificate of registration
and the effective date of registration. For supplies made by
such person during this intervening period, the law enables
issuance of a revised invoice, so that ITC can be availed by
the recipient on such supplies.

Receipt Voucher/ Refund voucher on receipt of advance
payment
Whenever a registered person receives an advance payment
with respect to any supply of goods or services or both,
he has to issue a receipt voucher or any other document,
containing such particulars as has been prescribed in the
Invoice Rules, evidencing receipt of such payment.
Where any such receipt voucher is issued, but subsequently
no supply is made and no tax invoice issued, the registered
person who has received the advance payment can issue a
refund voucher against such payment.
A receipt voucher needs to contain the following particulars:


                             103
GST FLYERS

a) name, address and GSTIN of the supplier;
b) a consecutive serial number containing alphabets or nu-
   merals or special characters -hyphen or dash and slash
   symbolised as "-" and "/"respectively, and any combina-
   tion thereof, unique for a financial year;
c)   date of its issue;
d) name, address and GSTIN or UIN, if registered, of the
   recipient;
e) description of goods or services;
f ) amount of advance taken;
g) rate of tax (central tax, State tax, integrated tax, Union
   territory tax or cess);
h) amount of tax charged in respect of taxable goods or
   services (central tax, State tax, integrated tax, Union
   territory tax or cess);
i)   place of supply along with the name of State and its
     code, in case of a supply in the course of inter-State
     trade or commerce;
j)   whether the tax is payable on reverse charge basis; and
k) signature or digital signature of the supplier or his au-
   thorized representative.
It has also been provided in the Invoice Rules that if at the
time of receipt of advance,

i.     the rate of tax is not determinable; the tax may be
       paid @18%;


                             104
                Tax Invoice and other such instruments in GST

ii.    the nature of supply is not determinable, the same
       shall be treated as inter-State supply.
Invoice and payment voucher by a person liable to pay
tax under reverse charge
A registered person liable to pay tax under reverse charge
(both for supplies on which tax is payable under reverse
charge mechanism and supplies received from unregistered
persons) has to issue an invoice in respect of goods or service
or both received by him. Such a registered person in respect
of such supplies also has to issue a payment voucher at the
time of making payment to the supplier.

Invoice in case of continuous supply of goods
In case of continuous supply of goods, where successive
statements of accounts or successive payments are involved,
the invoice shall be issued before or at the time each such
statement is issued or, as the case may be, each such payment
is received.

Invoice in case of continuous supply of services
In case of continuous supply of services, where,

a) the due date of payment is ascertainable from the con-
   tract; the invoice shall be issued on or before the due
   date of payment;
b) the due date of payment is not ascertainable from the
   contract; the invoice shall be issued before or at the
   time when the supplier of service receives the payment;


                             105
GST FLYERS

c)   the payment is linked to the completion of an event;
     the invoice shall be issued on or before the date of com-
     pletion of that event.
Issue of invoice in case, where supply of service ceases
under a contract before completion of supply
In a case where the supply of services ceases under a contract
before the completion of the supply, the invoice shall be
issued at the time when the supply ceases and such invoice
shall be issued to the extent of the supply made before such
cessation.

Sale on approval basis
Where the goods being sent or taken on approval for sale or
return are removed before the supply takes place, the invoice
shall be issued before or at the time of supply or six months
from the date of removal, whichever is earlier.

Amount of tax to be indicated in invoice
Where any supply is made for a consideration, every person
who is liable to pay tax for such supply has to prominently
indicate in all documents relating to assessment, tax invoice
and other like documents, the amount of tax which shall
form part of the price at which such supply is made.

Credit and Debit Notes
In cases where tax invoice has been issued for a supply and
subsequently it is found that the value or tax charged in that
invoice is more than what is actually payable/chargeable or


                             106
                Tax Invoice and other such instruments in GST

where the recipient has returned the goods, the supplier
can issue a credit note to the recipient. A registered person
who issues such a credit note has to declare details of such
credit note in the return for the month during which such
credit note has been issued but not later than September
following the end of the financial year in which such supply
was made or date of furnishing of the relevant annual return
whichever is earlier. The tax liability of the registered person
will be adjusted in accordance with the credit note issued,
however no reduction in output tax liability of the supplier
shall be permitted, if the incidence of tax and interest on
such supply has been passed on to any other person.
In cases where tax invoice has been issued for a supply and
subsequently it is found that the value or tax charged in that
invoice is less than what is actually payable/chargeable, the
supplier can issue a debit note to the recipient.
Any registered person who issues a debit note in relation to
a supply of goods or services or both shall declare the details
of such debit note in the return for the month during which
such debit note has been issued and the tax liability shall be
adjusted in such manner as may be prescribed.
A revised tax invoice and credit or debit note has to contain
the following particulars -

a) the word "Revised Invoice", wherever applicable, indi-
   cated prominently;
b) name, address and GSTIN of the supplier;
c)   nature of the document;


                              107
GST FLYERS

d) a consecutive serial number containing alphabets or nu-
   merals or special characters -hyphen or dash and slash
   symbolised as "-" and "/"respectively, and any combina-
   tion thereof, unique for a financial year;
e) date of issue of the document;
f ) name, address and GSTIN or UIN, if registered, of the
    recipient;
g) name and address of the recipient and the address of
   delivery, along with the name of State and its code, if
   such recipient is un-registered;
h) serial number and date of the corresponding tax invoice
   or, as the case may be, bill of supply;
i)   value of taxable supply of goods or services, rate of tax
     and the amount of the tax credited or, as the case may
     be, debited to the recipient; and
j)   signature or digital signature of the supplier or his au-
     thorized representative.
Manner of issuing invoice
The invoice shall be prepared in triplicate, in case of supply
of goods, in the following manner:­

a) the original copy being marked as ORIGINAL FOR
   RECIPIENT;
b) the duplicate copy being marked as DUPLICATE
   FOR TRANSPORTER; and
c)   the triplicate copy being marked as TRIPLICATE


                             108
                 Tax Invoice and other such instruments in GST

     FOR SUPPLIER.
The invoice shall be prepared in duplicate, in case of supply
of services, in the following manner: -

a) the original copy being marked as ORIGINAL FOR
   RECIPIENT; and
b) the duplicate copy being marked as DUPLICATE
   FOR SUPPLIER.
The serial number of invoices issued during a tax period
shall be furnished electronically through the Common
Portal in FORM GSTR-1.

Tax invoice in Special Cases
An ISD invoice or, as the case may be, an ISD credit note
issued by an Input Service Distributor shall contain the
following details:

a) name, address and GSTIN of the Input Service Dis-
   tributor;
b) a consecutive serial number containing alphabets or
   numerals or special characters hyphen or dash and
   slash symbolised as , "-", "/", respectively, and any com-
   bination thereof, unique for a financial year;
c)   date of its issue;
d) name, address and GSTIN of the recipient to whom
   the credit is distributed;
e) amount of the credit distributed; and


                             109
GST FLYERS

f ) signature or digital signature of the Input Service Dis-
    tributor or his authorized representative.
Tax Invoice in special cases
Where the Input Service Distributor is an office of a
banking company or a financial institution, including a non-
banking financial company, a tax invoice shall include any
document in lieu thereof, by whatever name called, whether
or not serially numbered but containing the prescribed
information.
Where the supplier of taxable service is an insurer or a
banking company or a financial institution, including a
non-banking financial company, the said supplier shall
issue a tax invoice or any other document in lieu thereof,
by whatever name called, whether or not serially numbered,
and whether or not containing the address of the recipient
of taxable service but containing other information as
prescribed under rule 1 of Invoice Rules.
Where the supplier of taxable service is a goods transport
agency supplying services in relation to transportation of
goods by road in a goods carriage, the said supplier shall
issue a tax invoice or any other document in lieu thereof,
by whatever name called, containing the gross weight of
the consignment, name of the consignor and the consignee,
registration number of goods carriage in which the goods
are transported, details of goods transported, details of
place of origin and destination, GSTIN of the person liable
for paying tax whether as consignor, consignee or goods
transport agency, and also containing other information as
prescribed under rule 1 of Invoice Rules.

                            110
                 Tax Invoice and other such instruments in GST

Where the supplier of taxable service is supplying passenger
transportation service, 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 containing other information as
prescribed under rule 1 of Invoice Rules.

Transportation of goods without an invoice
In the following cases it is permissible for the consignor
to issue a delivery challan in lieu of invoice at the time of
removal of goods:

a) supply of liquid gas where the quantity at the time of
   removal from the place of business of the supplier is
   not known,
b) transportation of goods for job work,
c)     transportation of goods for reasons other than by way
       of supply, or
d) such other supplies as may be notified by the Board.
The delivery challan, serially numbered not exceeding
16 characters, in one or multiple series, shall contain the
following details:

i.       date and number of the delivery challan,
ii.      name, address and GSTIN of the consigner, if reg-
         istered,
iii.     name, address and GSTIN or UIN of the consignee,
         if registered,

                              111
GST FLYERS

iv.       HSN code and description of goods,
v.        quantity (provisional, where the exact quantity being
          supplied is not known),
vi.       taxable value,
vii.      tax rate and tax amount ­ central tax, State tax, in-
          tegrated tax, Union territory tax or cess, where the
          transportation is for supply to the consignee,
viii.     place of supply, in case of inter-State movement, and
ix.       signature.
The delivery challan shall be prepared in triplicate, in case
of supply of goods, in the following manner:­

a) the original copy being marked as ORIGINAL FOR
   CONSIGNEE;
b) the duplicate copy being marked as DUPLICATE
   FOR TRANSPORTER; and
c)      the triplicate copy being marked as TRIPLICATE
        FOR CONSIGNER.
Where goods are being transported on a delivery challan
in lieu of invoice, the same shall be declared in FORM
[WAYBILL].
Where the goods being transported are for the purpose
of supply to the recipient but the tax invoice could not be
issued at the time of removal of goods for the purpose of
supply, the supplier shall issue a tax invoice after delivery of
goods.


                               112
               Tax Invoice and other such instruments in GST

Where the goods are being transported in a semi knocked
down or completely knocked down condition,

a) the supplier shall issue the complete invoice before dis-
   patch of the first consignment;
b) the supplier shall issue a delivery challan for each of
   the subsequent consignments, giving reference of the
   invoice;
c)   each consignment shall be accompanied by copies of
     the corresponding delivery challan along with a duly
     certified copy of the invoice; and
d) the original copy of the invoice shall be sent along with
   the last consignment.

                           ******




                            113
GST FLYERS




                      Chapter Fourteen



     Accounts and Records in
              GST
Assessment in GST is mainly focused on self-assessment by
the taxpayers themselves. Every taxpayer is required to self-
assess the taxes payable and furnish a return for specified
tax periods i.e. the period for which return is required to be
filed. The compliance verification is done by the department
through scrutiny of returns, audit and/or investigation.
Thus, the compliance verification is to be done through
documentary checks rather than physical controls. This
requires certain obligations to be cast on the taxpayer for
keeping and maintaining accounts and records.
2.     Section 35 of the CGST Act, 2017 and Chapter
       VIII of the CGST Rules, 2017 (hereinafter referred
       to as rules) provide that every registered person shall
       keep and maintain all records at his principal place
       of business. It also cast, responsibility on owner or
       operator of warehouse or godown or any other place
       used for storage of goods and on every transporter,
       irrespective of whether he is a registered person
       or not, to maintain specified records. The section
       also empowers the Commissioner to notify a class


                             114
                                     Accounts and Records in GST

       of taxable persons to maintain additional accounts
       or documents for specified purpose or to maintain
       accounts in other prescribed manner. It also provides
       that every registered person whose turnover during
       a financial year exceeds the prescribed limit shall get
       his accounts audited by a chartered accountant or a
       cost accountant.
3.     Section 35 of the CGST Act, 2017 provides that
       every registered person shall keep and maintain, at
       his principal place of business, as mentioned in the
       certificate of registration, a true and correct account
       of--
a) production or manufacture of goods;
b) inward and outward supply of goods or services or both;
c)   stock of goods;
d) input tax credit availed;
e) output tax payable and paid; and
f ) such other particulars as may be prescribed.
In addition, the rules also provide that the registered person
shall keep and maintain records of-

a) goods or services imported or exported; or
b) supplies attracting payment of tax on reverse charge
along with relevant documents, including invoices, bills of
supply, delivery challans, credit notes, debit notes, receipt
vouchers, payment vouchers, refund vouchers and e-way
bills.

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GST FLYERS

4.     In case, more than one place of business is specified in
       the certificate of registration, the accounts relating to
       each place of business shall be kept at such places of
       business. A registered person may keep and maintain
       such accounts and other particulars in electronic
       form in such manner as may be prescribed.
5.     Following accounts and records will have to be
       maintained by every registered person:
a) accounts of stock in respect of goods received and sup-
   plied; and such account shall contain particulars of the
   opening balance, receipt, supply, goods lost, stolen, de-
   stroyed, written off or disposed of by way of gift or free
   samples and balance of stock including raw materials,
   finished goods, scrap and wastage thereof;
b)    a separate account of advances received, paid and ad-
     justments made thereto;
c)   an account, containing the details of tax payable, tax
     collected and paid, input tax, input tax credit claimed,
     together with a register of tax invoice, credit note, debit
     note, delivery challan issued or received during any tax
     period [not required for person paying tax under sec-
     tion 10];
d)   names and complete addresses of suppliers from whom
     goods or services , chargeable to tax under the Act, have
     been received;
e) names and complete addresses of the persons to whom
   supplies have been made;
f ) the complete addresses of the premises where the goods

                              116
                                    Accounts and Records in GST

     are stored including goods stored during transit along
     with the particulars of the stock stored therein;
g) monthly production accounts, showing the quantitative
   details of raw materials or services used in the manu-
   facture and quantitative details of the goods so manu-
   factured including the waste and by products thereof;
h) accounts showing the quantitative details of goods used
   in the provision of services, details of input services uti-
   lised and the services supplied;
i)   separate accounts for works contract showing ­
     ·    the names and addresses of the persons on whose
          behalf the works contract is executed;
     ·    description, value and quantity (wherever
          applicable) of goods or services received for the
          execution of works contract;
     ·    description, value and quantity (wherever
          applicable) of goods or services utilized in the
          execution of works contract;
     ·    the details of payment received in respect of each
          works contract; and
     ·    the names and addresses of suppliers from whom
          he has received goods or services.
6.       The books of account shall be kept at the principal
         place of business and at every related place(s) of
         business mentioned in the certificate of registration
         and such books of account shall include any

                              117
GST FLYERS

     electronic form of data stored on any electronic
     devices. The data so stored shall be authenticated by
     way of digital signature. Unless proved otherwise, if
     any documents, registers, or any books of account
     belonging to a registered person are found at
     any premises other than those mentioned in the
     certificate of registration, they shall be presumed to
     be maintained by the said registered person. If any
     taxable goods are found to be stored at any place(s)
     other than those declared without the cover of any
     valid documents, the proper officer shall determine
     the amount of tax payable on such goods as if such
     goods have been supplied by the registered person.
7.   Attention is invited to Circular No. 23/23/2017-
     GST dated 21.12.2017 which provides relaxation
     from maintenance of books of accounts relating
     to additional place of business by a principal or an
     auctioneer for the purpose of auction of tea, coffee,
     rubber etc. subject to prescribed conditions.
8.   Any entry in registers, accounts and documents shall
     not be erased, effaced or overwritten, and all incorrect
     entries, otherwise than those of clerical nature, shall
     be scored out under attestation and thereafter correct
     entry shall be recorded, and where the registers and
     other documents are maintained electronically, a log
     of every entry edited or deleted shall be maintained.
     Further each volume of books of account maintained
     manually by the registered person shall be serially
     numbered.

                           118
                                    Accounts and Records in GST

9.     Period for preservation of accounts:
      · All accounts maintained together with all invoices,
        bills of supply, credit and debit notes, and delivery
        challans relating to stocks, deliveries, inward supply
        and outward supply shall be preserved for seventy-
        two months (six years) from the due date of
        furnishing of annual return for the year pertaining
        to such accounts and records and shall be kept at
        every related place of business mentioned in the
        certificate of registration.
      ·   A registered person, who is a party to an appeal
          or revision or any other proceedings whether
          filed by him or by the Commissioner, or is under
          investigation for an offence, has to retain the
          records pertaining to the subject matter of such
          appeal or revision or proceedings or investigation
          for a period of one year after final disposal of such
          appeal or revision or proceedings or investigation,
          or for the period specified above (seventy-two
          months), whichever is later.


10.    Electronic Records: The following requirements
       have been prescribed for maintenance of records
       in electronic form.
      · Proper electronic back-up of records in such
         manner that, in the event of destruction of such
         records due to accidents or natural causes, the
         information can be restored within a reasonable
         period of time.


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      ·    produce, on demand, the relevant records or
           documents, duly authenticated, in hard copy or in
           any electronically readable format.
      ·    Where the accounts and records are stored
           electronically by any registered person, he shall, on
           demand, provide the details of such files, passwords
           of such files and explanation for codes used, where
           necessary, for access and any other information
           which is required for such access along with a
           sample copy in print form of the information
           stored in such files.
11.       Records to be maintained by owner or operator
          of godown or warehouse and transporters:
The transporters, owners or operators of godowns, if not
already registered under the GST Act(s), shall submit
the details regarding their business electronically on the
Common Portal in FORM GST ENR-01. A unique
enrolment number shall be generated and communicated
to them. A person enrolled in any other State or Union
territory shall be deemed to be enrolled in the State or
Union Territory.
12.       Every person engaged in the business of transporting
          goods shall maintain records of goods transported,
          delivered and goods stored in transit by him and
          for each of his branches. Every owner or operator
          of a warehouse or godown shall maintain books
          of accounts, with respect to the period for which
          particular goods remain in the warehouse, including


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                              Accounts and Records in GST

the particulars relating to dispatch, movement,
receipt, and disposal of such goods. The goods shall
be stored in such manner that they can be identified
item wise and owner wise and shall facilitate any
physical verification or inspection, if required at any
time.

                     ******




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GST FLYERS




                       Chapter Fifteen



          Credit Note in GST
Introduction:
A supplier of goods or services or both is mandatorily
required to issue a tax invoice. However, during the course
of trade or commerce, after the invoice has been issued there
could be situations like:
    ·    The supplier has erroneously declared a value
         which is more than the actual value of the goods
         or services provided.
    ·     The supplier has erroneously declared a higher
         tax rate than what is applicable for the kind of the
         goods or services or both supplied.
    ·    The quantity received by the recipient is less than
         what has been declared in the tax invoice.
    ·    The quality of the goods or services or both supplied
         is not to the satisfaction of the recipient thereby
         necessitating a partial or total reimbursement on
         the invoice value
    ·    Any other similar reasons.
In order to regularize these kinds of situations the supplier is

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                                           Credit Note in GST

allowed to issue what is called as credit note to the recipient.
Once the credit note has been issued, the tax liability of the
supplier will reduce.

Meaning
Where a tax invoice has been issued for supply of any 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, the
registered person, who has supplied such goods or services
or both, may issue to the recipient what is called as a credit
note containing the prescribed particulars.

Format
There is no prescribed format but credit note issued by a
supplier must contain the following particulars, namely: -

a) name, address and Goods and Services Tax Identifica-
   tion Number of the supplier;
b) nature of the document;
c)   a consecutive serial number not exceeding sixteen char-
     acters, in one or multiple series, containing alphabets or
     numerals or special characters hyphen or dash and slash
     symbolised as "-" and "/" respectively, and any combina-
     tion thereof, unique for a financial year;
d) date of issue;


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GST FLYERS

e) name, address and Goods and Services Tax Identifica-
   tion Number or Unique Identity Number, if registered,
   of the recipient;
f ) name and address of the recipient and the address of
    delivery, along with the name of State and its code, if
    such recipient is un-registered;
g) serial number and date of the corresponding tax invoice
   or, as the case may be, bill of supply;
h) value of taxable supply of goods or services, rate of tax
   and the amount of the tax credited to the recipient; and
i)   signature or digital signature of the supplier or his au-
     thorised representative.
Adjustment of tax liability
The person who issues a credit note in relation to a supply
of goods or services or both must declare the details of such
credit note in the return for the month during which such
credit note has been issued but not later than September
following the end of the financial year in which such supply
was made, or the date of furnishing of the relevant annual
return, whichever is earlier. In other words, the output tax
liability cannot be reduced in cases where credit note has
been issued after September.
The output tax liability of the supplier gets reduced once
the credit note is issued and it is matched. The details of
the credit note relating to outward supply furnished by the
supplier for a tax period shall, be matched­­

a) with the corresponding reduction in the claim for

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                                           Credit Note in GST

    input tax credit by the recipient in his valid return
    for the same tax period or any subsequent tax peri-
    od; and
b) for duplication of claims for reduction in output tax
   liability.
The claim for reduction in output tax liability by the supplier
that matches with the corresponding reduction in the claim
for input tax credit by the recipient shall be finally accepted
and communicated to the supplier. The reduction in output
tax liability of the supplier shall not be permitted, if the
incidence of tax and interest on such supply has been passed
on to any other person.
Where the reduction of output tax liability in respect of
outward supplies exceeds the corresponding reduction in
the claim for input tax credit or the corresponding credit
note is not declared by the recipient in his valid returns, the
discrepancy shall be communicated to both such persons.
Whereas, the duplication of claims for reduction in output
tax liability shall be communicated to the supplier.
The amount in respect of which any discrepancy is
communicated and which is not rectified by the recipient
in his valid return for the month in which discrepancy is
communicated shall be added to the output tax liability
of the supplier in his return for the month succeeding the
month in which the discrepancy is communicated.
The amount in respect of any reduction in output tax liability
that is found to be on account of duplication of claims
shall be added to the output tax liability of the supplier


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GST FLYERS

in his return for the month in which such duplication is
communicated.

Records
The records of the credit notes have to be retained until
the expiry of seventy-two months from the due date of
furnishing of annual return for the year pertaining to such
accounts and records. Where such accounts and documents
are maintained manually, it should be kept at every related
place of business mentioned in the certificate of registration
and shall be accessible at every related place of business where
such accounts and documents are maintained digitally.

Conclusion
The credit note is therefore a convenient and legal method
by which the value of the goods or services in the original
tax invoice can be amended or revised. The issuance of the
credit note will easily allow the supplier to decrease his tax
liability in his returns without requiring him to undertake
any tedious process of refunds.

                             ******




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                                    Accounts and Records in GST




                       Chapter Sixteen



           Debit Note in GST
Introduction:
A supplier of goods or services or both is mandatorily
required to issue a tax invoice. However, during the course
of trade or commerce, after the invoice has been issued there
could be situations like:
    ·    The supplier has erroneously declared a value
         which is less than the actual value of the goods or
         services or both provided.
    ·     The supplier has erroneously declared a lower tax
         rate than what is applicable for the kind of the
         goods or services or both supplied.
    ·    The quantity received by the recipient is more than
         what has been declared in the tax invoice.
    ·    Any other similar reasons.
In order to regularize these kinds of situations the supplier is
allowed to issue what is called as debit note to the recipient.
The debit note also includes supplementary invoice.

Meaning:


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GST FLYERS

When a tax invoice has been issued for supply of any goods
or services or both and the taxable value or tax charged in
that tax invoice is found to be less than the taxable value or
tax payable in respect of such supply, the registered person,
who has supplied such goods or services or both, shall issue
to the recipient a debit note containing the prescribed
particulars.

Format:
There is no prescribed format but debit note issued by a
supplier must contain the following particulars, namely: -

a) name, address and Goods and Services Tax Identifica-
   tion Number of the supplier;
b) nature of the document;
c)   a consecutive serial number not exceeding sixteen char-
     acters, in one or multiple series, containing alphabets or
     numerals or special characters hyphen or dash and slash
     symbolised as "-" and "/" respectively, and any combina-
     tion thereof, unique for a financial year;
d) date of issue;
e) name, address and Goods and Services Tax Identifica-
   tion Number or Unique Identity Number, if registered,
   of the recipient;
f ) name and address of the recipient and the address of
    delivery, along with the name of State and its code, if
    such recipient is un-registered;
g) serial number and date of the corresponding tax invoice

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                                               Debit Note in GST

     or, as the case may be, bill of supply;
h) value of taxable supply of goods or services, rate of tax
   and the amount of the tax debited to the recipient; and
i)   signature or digital signature of the supplier or his au-
     thorized representative.
Tax liability:
The issuance of a debit note or a supplementary invoice
creates additional tax liability. The treatment of a debit
note or a supplementary invoice would be identical to the
treatment of a tax invoice as far as returns and payment are
concerned.

Records:
The records of the debit note or a supplementary invoice
have to be retained until the expiry of seventy-two months
from the due date of furnishing of annual return for the
year pertaining to such accounts and records. Where
such accounts and documents are maintained manually, it
should be kept at every related place of business mentioned
in the certificate of registration and shall be accessible at
every related place of business where such accounts and
documents are maintained digitally.

Conclusion:
The debit note or a supplementary invoice is therefore a
convenient and legal method by which the value of the
goods or services in the original tax invoice can be enhanced.
The issuance of the debit note will easily allow the supplier


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GST FLYERS

to pay his enhanced tax liability in his returns without
requiring him to undertake any other tedious process.

                         ******




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                                            Debit Note in GST




                      Chapter Seventeen



   Electronic Cash/Credit
Ledgers and Liability Register
          in GST
Introduction:
On the common portal each registered taxpayer will have
one electronic register called the Electronic liability register
and two electronic ledgers namely Electronic Cash Ledger
and Electronic Credit Ledger. These register and ledgers will
reflect the amount of tax payable, the amount available to
settle the tax liability online, and input credit balance. This
is a handy tool provided in the GST system wherein the
registered taxpayer can have information about his liabilities
and credits at a single location which can be viewed from any
place by simply logging into the common portal.Electronic
liability register, electronic cash ledger and electronic
credit ledger of taxpayer will be updated on generation of
GSTR-3 by the taxpayer. A unique identification number
shall be generated at the common portal for each debit or
credit to the electronic cash or credit ledger. The unique
identification number relating to discharge of any liability
shall be indicated in the corresponding entry in the electronic


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GST FLYERS

liability register. In case of any discrepancy in his electronic
liability ledger, electronic cash ledger or electronic credit
ledger the registered person has to communicate the same
to the officer exercising jurisdiction in the matter, through
the common portal in FORM GST PMT-04.

Electronic liability register:
The electronic liability register is maintained in FORM
GST PMT-01 for each person liable to pay tax, interest,
penalty, late fee or any other amount on the common portal
and all amounts payable by him shall be debited to the said
register. The electronic liability register will be maintained
in two parts at the common portal.
Part I will be for maintaining the return related liabilities.
All liabilities accruing due to return and payments made
against the same will be recorded in this part of the register.
Liabilities due to opting for composition and cancellation of
registration will also be covered in this part. Such liabilities
shall be populated in the liability register of the tax period
in which the date of application or order falls, as the case
may be.
Part II will be for maintaining the complete description of
the transactions of all liabilities accruing, other than return
related liabilities. Such other liabilities may include the
following:
    ·    Liabilities due to reduction or enhancement in
         the amount payable due to decision of appeal,
         rectification, revision, review etc.;


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  Electronic Cash/Credit Ledgers and Liability Register in GST

    ·    Refund of pre-deposit that can be claimed for a
         particular demand if appeal is allowed;
    ·    Payment made against the show cause notice or
         any other payment made voluntarily;
    ·    Reduction in amount of penalty (which would
         be automatically shown) based on payment made
         after show cause notice or within the time specified
         in the Act or the rules.
The electronic liability register of the person shall indicate
the following-
    ·    the amount payable towards tax, interest, late fee
         or any other amount payable as per the return
         furnished by the said person;
    ·    the amount of tax, interest, penalty or any other
         amount payable as determined by a proper officer
         in pursuance of any proceedings under the Act or
         as ascertained by the said person;
    ·    the amount of tax and interest payable as a result of
         mismatch of input tax credit
    ·    or any amount of interest that may accrue from
         time to time;
    ·    the amount deducted by the Government
         authorities from the payment made or credited
         to the supplier of taxable goods or services or
         both, where the total value of such supply, under
         a contract, exceeds two lakhs and fifty thousand


                             133
GST FLYERS

         rupees;
    ·    the amount required to be collected by every
         electronic commerce operator on the net value of
         taxable supplies made through it by other suppliers
         where the consideration with respect to such
         supplies is to be collected by the operator;
    ·    the amount payable on reverse charge basis;
    ·    the amount payable under the Composition levy
         scheme;
    ·    amount payable towards interest, penalty, fee;
    ·    Any other amount under the GST Act.
Any amount of demand debited in the electronic liability
register shall stand reduced to the extent of relief given by
the appellate authority or Appellate Tribunal or court and
the electronic liability register shall be credited accordingly.
The amount of penalty imposed or liable to be imposed
shall stand reduced partly or fully, as the case may be, if
the taxable person makes the payment of tax, interest and
penalty specified in the show cause notice or demand
order and the electronic liability register shall be credited
accordingly.

Electronic cash ledger:
Every deposit made by a person by internet banking or by
using credit or debit cards or National Electronic Fund
Transfer (NEFT) or Real Time Gross Settlement (RTGS)


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      Electronic Cash/Credit Ledgers and Liability Register in GST

or by over the counter deposit will be credited to the
electronic cash ledger. The amount available in the electronic
cash ledger may be used for making any payment towards
tax, interest, penalty, fees or any other amount payable.
The electronic cash ledger shall be maintained in FORM
GST PMT-05 for each person, liable to pay tax, interest,
penalty, late fee or any other amount, on the common
portal for crediting the amount deposited and debiting
the payment therefrom towards tax, interest, penalty, fee
or any other amount. The payment required to be made
by an unregistered person, can be made on the basis of a
temporary identification number generated through the
common portal.
A challan in FORM GST PMT-06 can be generated on
the common portal in which the details of the amount to
be deposited towards tax, interest, penalty, fees or any other
amount is to be entered. This challan will be valid for a
period of fifteen days.
The deposit can be made through any of the following
modes, namely: -

i.         Internet Banking through authorised banks;
ii.        Credit card or Debit card through the authorised
           bank;
iii.       NEFT or RTGS from any bank; or
iv.        Over the Counter payment through authorised
           banks for deposits up to Rs 10,000/- per challan per
           tax period, by cash, cheque or demand draft.


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GST FLYERS

When the payment is made by way of NEFT or RTGS
mode from any bank, the mandate form shall be generated
along with the challan on the common portal and the same
shall be submitted to the bank from where the payment is
to be made. The mandate form shall be valid for a period of
fifteen days from the date of generation of challan.
On successful credit of the amount to the concerned
government account maintained in the authorised bank, a
Challan Identification Number (CIN) shall be generated
by the collecting bank and the same shall be indicated in
the challan.
On receipt of the CIN from the collecting bank, the said
amount shall be credited to the electronic cash ledger of the
person on whose behalf the deposit has been made and the
common portal shall make available a receipt to this effect.
In case the bank account is debited but CIN has not
been generated or generated but not communicated to
the common portal, then the person has to represent
electronically in FORM GST PMT-07 through the
common portal to the bank or electronic gateway through
which the deposit was initiated.
The amount deducted under section 51 or collected under
section 52 and claimed in FORM GSTR-2 by the registered
person from whom the said amount was deducted or, as the
case may be, collected will be credited to his electronic cash
ledger.
Refund from cash ledger can only be claimed only when all
the return related liabilities for that tax period have been


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  Electronic Cash/Credit Ledgers and Liability Register in GST

discharged. A registered person, claiming refund of any
balance in the electronic cash ledger can claim such refund
in Part B of the return in FORM GSTR-3 and such return
shall be deemed to be an application filed under section 54
of the CGST Act, 2017.

Electronic credit ledger:
The electronic credit ledger shall be maintained in FORM
GST PMT-02 for each registered person eligible for input
tax credit on the common portal and every claim of input tax
credit will be credited to this ledger. The amount available
in the electronic credit ledger can be used for making any
payment towards output tax.
In case a registered person has claimed refund of any
unutilized amount from the electronic credit ledger in
accordance with the provisions of section 54, the amount
to the extent of the claim shall be debited in the said ledger.
If the refund so filed is rejected, either fully or partly, the
amount debited to the extent of rejection, shall be re-
credited to the electronic credit ledger by the proper officer
by an order made in FORM GST PMT-03.
Unless otherwise allowed, entries will not be allowed to
be made directly in the electronic credit ledger under any
circumstance.

                            ******




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GST FLYERS




                      Chapter Eighteen



  Electronic Way Bill in GST
Introduction
A  waybill  is a receipt or a document issued by a carrier
giving details and instructions relating to the shipment of
a consignment of goods and the details include name of
consignor, consignee, the point of origin of the consignment,
its destination, and route.
Electronic Way Bill (E-Way Bill) is basically a compliance
mechanism wherein by way of a digital interface the person
causing the movement of goods uploads the relevant
information prior to the commencement of movement of
goods and generates e-way bill on the GST portal.
Rule 138 of the CGST Rules, 2017 provides for the e-way
bill mechanism and in this context it is important to note
that "information is to be furnished prior to the commencement
of movement of goods" and "is to be issued whether the movement
is in relation to a supply or for reasons other than supply".

E-Way Bill under GST
E-way bill is an electronic document generated on the
GST portal evidencing movement of goods. It has two


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                                   Electronic Way Bill in GST

Components - Part A comprising of details of GSTIN of
recipient, place of delivery (PIN Code), invoice or challan
number and date, value of goods, HSN code, transport
document number (Goods Receipt Number or Railway
Receipt Number or Airway Bill Number or Bill of Lading
Number) and reasons for transportation; and Part B
comprising of transporter details (Vehicle number).
As per Rule 138 of the CGST Rules, 2017, every registered
person who causes movement of goods (which may not
necessarily be on account of supply) of consignment value more
than Rs. 50000/- is required to furnish above mentioned
information in part A of e-way bill. The part B containing
transport details helps in generation of e-way bill.

Who should generate the e-way bill and Why?
E-way bill is to be generated by the consignor or consignee
himself if the transportation is being done in own/hired
conveyance or by railways, by air or by Vessel. If the goods
are handed over to a transporter for transportation by road,
E-way bill is to be generated by the Transporter. Where
neither the consignor nor consignee generates the e-way
bill and the value of goods is more than Rs.50,000/- it shall
be the responsibility of the transporter to generate it.
Further, it has been provided that where goods are sent by
a principal located in one State to a job-worker located in
any other State, the e-way bill shall be generated by the
principal irrespective of the value of the consignment.
Also, where handicraft goods are transported from one State
to another by a person who has been exempted from the

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GST FLYERS

requirement of obtaining registration, the e-way bill shall
be generated by the said person irrespective of the value of
the consignment.

How is it generated?
An e-way bill contains two parts- Part A to be furnished by the
person who is causing movement of goods of consignment
value exceeding Rs. 50,000/- and part B (transport details)
to be furnished by the person who is transporting the goods.
Where the goods are transported by a registered person-
whether as consignor or recipient, the said person shall
have to generate the e-way bill by furnishing information
in part B on the GST common portal. Where the e-way
bill is not generated by registered person and the goods are
handed over to the transporter for transportation by road,
the registered person shall furnish the information relating
to the transporter in Part B of FORM GST EWB-01 on
the common portal and the e-way bill shall be generated
by the transporter on the said portal on the basis of the
information furnished by the registered person in Part A of
FORM GST EWB-01.
A registered person may obtain an Invoice Reference
Number from the common portal by uploading, on the said
portal, a tax invoice issued by him in FORM GST INV-1
and produce the same for verification by the proper officer
in lieu of the tax invoice and such number shall be valid for
a period of thirty days from the date of uploading.
In the above case, the registered person will not have to
upload the information in Part A of FORM GST EWB-


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                                   Electronic Way Bill in GST

01 for generation of e-way bill and the same shall be
auto-populated by the common portal on the basis of the
information furnished in FORM GST INV-1.
Upon generation of the e-way bill on the common portal, a
unique e-way bill number (EBN) generated by the common
portal, shall be made available to the supplier, the recipient
and the transporter on the common portal.
The details of e-way bill generated shall be made available
to the recipient, if registered, on the common portal, who
shall communicate his acceptance or rejection of the
consignment covered by the e-way bill. In case, the recipient
does not communicate his acceptance or rejection within
seventy-two hours of the details being made available to
him on the common portal, it shall be deemed that he has
accepted the said details.

Purpose of E-Way Bill
E-way bill is a mechanism to ensure that goods being
transported comply with the GST Law and is an effective
tool to track movement of goods and check tax evasion.

Validity of E-Way Bill
The validity of e-way bill depends on the distance to be
travelled by the goods. For a distance of less than 100 Km
the e-way bill will be valid for a day from the relevant date.
For every 100 Km thereafter, the validity will be additional
one day from the relevant date. The "relevant date" shall
mean the date on which the e-way bill has been generated
and the period of validity shall be counted from the time

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GST FLYERS

at which the e-way bill has been generated and each day
shall be counted as twenty-four hours. In general, the
validity of the e-way bill cannot be extended. However,
Commissioner may extend the validity period only by way
of issue of notification for certain categories of goods which
shall be specified later.
Further, if under circumstances of an exceptional nature,
the goods cannot be transported within the validity
period of the e-way bill, the transporter may generate
another e-way bill after updating the details in Part B of
FORM GST EWB-01.

Cancellation of E-Way Bill
Where an e-way bill has been generated under this rule, but
goods are either not transported or are not transported as
per the details furnished in the e-way bill, the e-way bill may
be cancelled electronically on the common portal, either
directly or through a Facilitation Centre notified by the
Commissioner, within 24 hours of generation of the e-way
bill. However, an e-way bill cannot be cancelled if it has
been verified in transit in accordance with the provisions of
rule 138B of the CGST Rules, 2017 .
The facility of generation and cancellation of e-way bill will
also be made available through SMS.

Finer Points
An e-way bill has to be prepared for every consignment where
the value of the consignment exceeds Rs. 50,000/-. Where
multiple consignments of varying values (per consignment)

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                                   Electronic Way Bill in GST

are carried in a single vehicle, e-way bill needs to be
mandatorily generated only for those consignments whose
value exceeds Rs. 50,000/-. This does not however preclude
the consignor/consignee/transporter to generate e-way bills
even for individual consignments whose value is less than
Rs. 50000/- per consignment. For multiple consignments
being carried in the same vehicle, the transporter to prepare
a consolidated e-way bill by indicating serial number of
each e-way bill, on the common prior to commencement of
transport of goods.
There is always a possibility that multiple vehicles are used
for carrying the same consignment to its destination or
unforeseen exigencies may require the consignments to
be carried in a different conveyance than the original one.
For such situations, the rules provide that any transporter
transferring goods from one conveyance to another in the
course of transit shall, before such transfer and further
movement of goods, update the details of the conveyance
in the e-way bill on the common portal in FORM GST
EWB-01.
The person in charge of a conveyance has to carry the invoice
or bill of supply or delivery challan, as the case may be; and
a copy of the e-way bill or the e-way bill number, either
physically or mapped to a Radio Frequency Identification
Device embedded on to the conveyance in such manner
as may be notified by the Commissioner. However, where
circumstances so warrant, the Commissioner may, by
notification, require the person-in-charge of the conveyance
to carry the following documents instead of the e-way bill-


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GST FLYERS

a) tax invoice or bill of supply or bill of entry; or
b) a delivery challan, where the goods are transported for
      reasons other than by way of supply.
It is also be noted that the Commissioner may, by notification,
require a class of transporters to obtain a unique Radio
Frequency Identification Device and get the said device
embedded on to the conveyance and map the e-way bill
to the Radio Frequency Identification Device prior to the
movement of goods.

E-Way bill to be issued whether for supply or otherwise
E-way bill is to be issued irrespective of whether the
movement of goods is caused by reasons of supply or
otherwise. In respect of transportation for reasons other
than supply, movement could be in view of export/import,
job-work, SKD or CKD, recipient not known, line sales,
sales returns, exhibition or fairs, for own use, sale on approval
basis etc.
Exceptions to e-way bill requirement
No e-way bill is required to be generated in the following
cases

a) Transport of goods as specified in Annexure to Rule
   138 of the CGST Rules, 2017
b) goods being transported by a non-motorised convey-
   ance;
c)   goods being transported from the port, airport, air car-
     go complex and land customs station to an inland con-


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                                    Electronic Way Bill in GST

    tainer depot or a container freight station for clearance
    by Customs;
d) in respect of movement of goods within such areas as
   are notified under rule 138(14) (d) of the SGST Rules,
   2017 of the concerned State; and
e) Consignment value less than Rs. 50,000/-
Consequences of non-conformance to E-way bill rules
If e-way bills, wherever required, are not issued in accordance
with the provisions contained in Rule 138 of the CGST
Rules, 2017, the same will be considered as contravention of
rules. As per Section 122 of the CGST Act, 2017, a taxable
person who transports any taxable goods without the cover
of specified documents (e-way bill is one of the specified
documents) shall be liable to a penalty of Rs. 10,000/- or
tax sought to be evaded (wherever applicable) whichever is
greater. As per Section 129 of CGST Act, 2017, where any
person transports any goods or stores any goods while they
are in transit in contravention of the provisions of this Act
or the rules made thereunder, all such goods and conveyance
used as a means of transport for carrying the said goods and
documents relating to such goods and conveyance shall be
liable to detention or seizure.

Enforcement
The Commissioner or an officer empowered by him in
this behalf may authorise the proper officer to intercept
any conveyance to verify the e-way bill or the e-way bill
number in physical form for all inter-State and intra-State


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movement of goods.
The physical verification of conveyances may also be carried
out by the proper officer as authorised by the Commissioner
or an officer empowered by him in this behalf. Physical
verification of a specific conveyance can also be carried out
by any officer, on receipt of specific information on evasion of
tax, after obtaining necessary approval of the Commissioner
or an officer authorised by him in this behalf.
A summary report of every inspection of goods in transit
shall be recorded online by the proper officer in Part A
of FORM GST EWB-03 within twenty-four hours of
inspection and the final report in Part B of FORM GST
EWB-03 shall be recorded within three days of such
inspection.
Once 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, no further physical
verification of the said conveyance shall be carried out again
in the State, unless a specific information relating to evasion
of tax is made available subsequently.
Where a vehicle has been intercepted and detained for
a period exceeding thirty minutes, the transporter may
upload the said information in FORM GST EWB-04 on
the common portal.
Recent Developments in respect of the E-Way Bill
mechanism under GST.
Decision of GST Council : Inter-State e-way Bill to be


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                                    Electronic Way Bill in GST

made compulsory from 1 st of February, 2018; system to
be ready by 16th of January, 2018.
The 24th meeting of the GST Council held on 16.12.2017
discussed about the implementation of e-way Bill system in
the country. Till such time as National e-way Bill is ready,
the States were authorized to continue their own separate
e-way Bill systems. However, it was represented by the trade
and transporters that this is causing undue hardship in inter-
State movement of goods and therefore, bringing in an
early all India system of e-way Bill has become a necessity.
The GST Council reviewed the progress of readiness of
hardware and software required for the introduction of
nationwide e-way Bill system. After discussions with all the
states, the following decisions are taken :-

i.     The nationwide e-way Bill system will be ready to be
       rolled out on a trial basis latest by 16th January, 2018.
       Trade and transporters can start using this system on
       a voluntary basis from 16th January, 2018.
ii.    The rules for implementation of nationwide e-way
       Bill system for inter-State movement of goods on
       a compulsory basis will be notified with effect from
       1st February, 2018. This will bring uniformity across
       the States for seamless inter-State movement of
       goods. Notification no. 74/2017-Central Tax dated
       29.12.2017 has been issued which notifies 1st Feb-
       ruary, 2018 from which E-Way Bill Rules will come
       into force.
iii.   While the system for both inter-State and in-


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GST FLYERS

       tra-State e-way Bill generation will be ready by 16th
       January, 2018, the States may choose their own tim-
       ings for implementation of e-way Bill for intra-State
       movement of goods on any date before 1st June,
       2018. There are certain States which are already hav-
       ing system of e-way Bill for intra-State as well as
       inter-State movement and some of those States can
       be early adopters of national e-way Bill system for
       intra-State movement also. But in any case uniform
       system of e-way Bill for inter-State as well as in-
       tra-State movement will be implemented across the
       country by 1st June, 2018.
Conclusion
The e-way bill provisions aim to remove the ills of the
erstwhile way bill system prevailing under VAT in different
states, which was a major contributor to the bottlenecks
at the check posts. Moreover, different states prescribed
different e-way bill rules which made compliance difficult.
The e-way bill provisions under GST will bring in a
uniform e-way bill rule which will be applicable throughout
the country. The physical interface will pave way for digital
interface which will facilitate faster movement of goods.
It is bound to improve the turnaround time of vehicles
and help the logistics industry by increasing the average
distances travelled, reducing the travel time as well as costs.

                            ******




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                                   Electronic Way Bill in GST




                      Chapter Ninteen



 Input Tax Credit Mechanism
           in GST
Uninterrupted and seamless chain of input tax credit
(hereinafter referred to as, "ITC") is one of the key features
of Goods and Services Tax. ITC is a mechanism to avoid
cascading of taxes. Cascading of taxes, in simple language, is
`tax on tax'. Under the present system of taxation, credit of
taxes being levied by Central Government is not available
as set-off for payment of taxes levied by State Governments,
and vice versa. One of the most important features of the
GST system is that the entire supply chain would be subject
to GST to be levied by Central and State Government
concurrently. As the tax charged by the Central or the State
Governments would be part of the same tax regime, credit
of tax paid at every stage would be available as set-off for
payment of tax at every subsequent stage.
Let us understand how `cascading' of taxes takes place in the
present regime. Central excise duty charged on inputs used
for manufacture of final product can be availed as credit
for payment of Central Excise Duty on the final product.
For example, to manufacture a pen, the manufacturer
requires, plastic granules, refill tube, metal clip, etc. All


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GST FLYERS

these `inputs' are chargeable to central excise duty. Once a
`pen' is manufactured by using these inputs, the pen is also
chargeable to central excise duty. Let us assume that the
cost of all the above mentioned inputs is say, Rs.10/- on
which central excise duty @10% is paid, means Re.1. The
cost of the manufactured pen is say Rs.20/-, the central
excise duty payable on the pen @10% will be Rs.2/- . Now
the manufacturer of the pen can use the duty paid on inputs,
i.e. Re.1/- for payment of duty on the pen. So he will use
Re.1 paid on inputs and he will pay Re.1/- through cash
(1+1=2), the price of the pen becomes Rs. 22/-. In effect he
actually pays duty on the `value added' over and above the
cost of the inputs. This mechanism eliminates cascading of
taxes. However, when the pen is sold by the manufacturer
to a trader he is required to levy VAT on such sale. But
under the present system, the manufacturer cannot use the
credit of central excise duty paid on the pen for payment of
VAT, as the two levies are being levied by Central and State
government respectively with no statutory linkage between
the two. Hence he is required to pay VAT on the entire
value of the pen, i.e. Rs.22/-, which actually includes the
central excise duty to the tune of Rs.2/-. This is cascading of
taxes or tax on tax as now VAT is not only paid on the value
of pen i.e. Rs.20/- but also on tax i.e. Rs.2/-.
Goods and Services Tax (GST) would mitigate such
cascading of taxes. Under this new system most of the
indirect taxes levied by Central and the State Governments
on supply of goods or services or both would be combined
together under a single levy. The major taxes/levies which
are going to be clubbed together or subsumed in the GST


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                         Input Tax Credit Mechanism in GST

regime are as under:
         Central Taxes                    State Taxes
     ·   Central Excise duty          ·   State VAT / Sales
                                          Tax
     ·   Additional duties of
         excise                       ·   Central Sales Tax
     ·   Excise duty levied           ·   Purchase Tax
         under Medicinal &
         Toilets Preparation          ·   Entertainment Tax
         Act                              (other than those
                                          levied by local bod-
     ·   Additional duties of             ies)
         customs (CVD &
         SAD)                         ·   Luxury Tax

     ·   Service Tax                  ·   Entry Tax (All
                                          forms)
     ·   Surcharges &Cesses
                                      ·   Taxes on lottery,
                                          betting & gambling
                                      ·   Surcharges &Cesses

GST comprises of the following levies:

a) Central Goods and Services Tax (CGST)[also known
   as Central Tax] on intra-state or intra-union territory
   without legislature supply of goods or services or both.
b) State Goods and Services Tax (SGST) [also known as
   State Tax]on intra-state supply of goods or services or
   both.
c)   Union Territory Goods and Services Tax (UTGST)


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GST FLYERS

    [also known as Union territory Tax] on intra-union
    territory supply of goods or services or both.
d) Integrated Goods and Services Tax (IGST)[also
     known as Integrated Tax] on inter-state supply of
     goods or services or both. In case of import of goods
     also the present levy of Countervailing Duty (CVD)
     and Special Additional Duty (SAD) would be replaced
     by Integrated tax.
The protocol to avail and utilise the credit of these taxes is
as follows:
                     To be utilised first   May be utilised fur-
         Credit of
                      for payment of        ther for payment of
     CGST                 CGST                     IGST
  SGST/UTGST          SGST/UTGST                   IGST
                                            CGST, then SGST/
       IGST                IGST
                                                  UTGST

Credit of CGST cannot be used for payment of SGST/
UTGST and credit of SGST / UTGST cannot be
utilised for payment of CGST.
Some of the technical aspects of the scheme of Input Tax
Credit are as under:

a) Any registered person can avail credit of tax paid on
   the inward supply of goods or services or both which
   is used or intended to be used in the course or further-
   ance of business.
b) The pre-requisites for availing credit by registered per-
   son are:


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                         Input Tax Credit Mechanism in GST

    a) He is in possession of tax invoice or any other
       specified tax paying document.
    b) He has received the goods or services. "Bill to ship"
       scenarios also included.
    c)   Tax is actually paid by the supplier.
    d) He has furnished the return.
    e) If the inputs are received in lots, he will be eligible
       to avail the credit only when the last lot of the in-
       puts is received.
    f ) He should pay the supplier the value of the goods
        or services along with the tax within 180 days
        from the date of issue of invoice, failing which the
        amount of credit availed by the recipient would
        be added to his output tax liability, with interest
        [rule 2(1) & (2) of ITC Rules]. However, once
        the amount is paid, the recipient will be entitled
        to avail the credit again. In case part payment has
        been made, proportionate credit would be allowed.
a) Documents on the basis of which credit can be availed
   are:
    a) Invoice issued by a supplier of goods or services or
       both
    b) Invoice issued by recipient alongwith proof of pay-
       ment of tax
    c)   A debit note issued by supplier
    d) Bill of entry or similar document prescribed under


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GST FLYERS

            Customs Act
     e) Revised invoice
     f)      Document issued by Input Service Distributor
a) No ITC beyond September of the following FY to
   which invoice pertains or date of filing of annual re-
   turn, whichever is earlier
b) The Input Service Distributor (ISD) may distribute the
   credit available for distribution in the same month in
   which it is availed. The credit of CGST, SGST, UTGST
   and IGST shall be distributed as per the provisions of
   Rule 4(1)(d) of ITC Rules. ISD shall issue invoice in
   accordance with the provisions made under Rule 9(1)
   of Invoice Rules.
c)   ITC is not available in some cases as mentioned in sec-
     tion 17(5) of CGST Act, 2017. Some of them are as
     follows:
          a) motor vehicles and other conveyances except
             under specified circumstances.
          b) goods and / or services provided in relation to
             i.     food and beverages, outdoor catering,
                    beauty treatment, health services, cosmet-
                    ic and plastic surgery, except under speci-
                    fied circumstances;
            ii.     membership of a club, health and fitness
                    center;
           iii.     Rent-a-cab, life insurance, health insur-


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                         Input Tax Credit Mechanism in GST

                  ance except where it is obligatory for an
                  employer under any law;
         iv.      travel benefits extended to employees on
                  vacation such as leave or home travel con-
                  cession;
a) Works contract services when supplied for construction
   of immovable property, other than plant &machinery,
   except where it is an input service for further supply of
   works contract;
b) Goods or services received by a taxable person for con-
   struction of immovable property on his own account,
   other than plant & machinery, even when used in
   course or furtherance of business;
c)   goods and/or services on which tax has been paid un-
     der composition scheme;
d) goods and/or services used for private or personal con-
   sumption, to the extent they are so consumed;
e) Goods lost, stolen, destroyed, written off, gifted, or free
   samples;
f ) Any tax paid due to short payment on account of fraud,
    suppression, mis-declaration, seizure, detention.
a) Special circumstances under which ITC is available:
     a) A person who has applied for registration within
        30 days of becoming liable for registration is en-
        titled to ITC of input tax in respect of goods held
        in stock (inputs as such and inputs contained in



                             155
GST FLYERS

        semi-finished or finished goods) on the day imme-
        diately preceding the date from which he becomes
        liable to pay tax.
   b) A person who has taken voluntary registration un-
      der section 23(3) of the CGST Act, 2017 is enti-
      tled to ITC of input tax in respect of goods held
      in stock(inputs as such and inputs contained in
      semi-finished or finished goods) on the day imme-
      diately preceding the date of registration.
   c)   A person switching over to normal scheme from
        composition scheme under section10 is entitled
        to ITC in respect of goods held in stock(inputs as
        such and inputs contained in semi-finished or fin-
        ished goods) and capital goods on the day imme-
        diately preceding the date from which he becomes
        liable to pay tax as normal taxpayer.
   d) Where an exempt supply of goods or services or
      both become taxable, the person making such
      supplies shall be entitled to take ITC in respect
      of goods held in stock (inputs as such and inputs
      contained in semi-finished or finished goods) re-
      latable to exempt supplies. He shall also be entitled
      to take credit on capital goods used exclusively for
      such exempt supply subject to reductions for the
      earlier usage as prescribed in the rules.
   e) ITC, in all the above cases, is to be availed within
      1 year from the date of issue of invoice by the sup-
      plier


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                    Input Tax Credit Mechanism in GST

f ) In case of change of constitution of a registered
    person on account of sale, merger, demerger etc,
    the unutilised ITC shall be allowed to be trans-
    ferred to the transferee.
g) A person switching over from composition scheme
   under section 10to normal scheme or where a tax-
   able supply become exempt, the ITC availed in re-
   spect of goods held in stock (inputs as such and in-
   puts contained in semi-finished or finished goods)
   as well as capital goods will have to be paid.
h) In case of supply of capital goods or plant and
   machinery, on which ITC is taken, an amount
   equivalent to ITC availed minus the reduction as
   prescribed in rules (5% for every quarter or part
   thereof0 shall have to be paid. In case the tax on
   transaction value of the supply is more, the same
   would have to be paid.


                      ******




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GST FLYERS




                      Chapter Twenty



     Transition Provisions under
                GST
GST is a significant reform in the field of indirect taxes
in our country. Multiple taxes levied and collected by the
Centre and States have been replaced by one tax called
Goods and Services Tax (GST). GST is a multi-stage value
added tax on consumption of goods or services or both.
As GST sought to consolidate multiple taxes into one it
was very essential to have transitional provisions to ensure
that the transition to the GST regime is very smooth and
hassle free and no ITC (input tax credit) / benefits earned
in the existing regime are lost. The transition provisions can
be categorized under three heads:

a) relating to input tax credit
b) Continuance of existing procedures such as job work
   for a reasonable period without any adverse conse-
   quence under GST law.
c)   All claims (pending as well as future) pertaining to ex-
     isting laws filed before, on or after the appointed day.
a) A. Transitional arrangements for ITC


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                             Transition Provisions under GST

Elaborate provisions have been made to carry forward the
ITC earned under the existing law. Such credit should be
permissible under GST law. However, the taxable person
opting for composition scheme would not be eligible for
carry forward of existing ITC. ITC of various taxes under
the existing laws (CENVAT credit, VAT etc.) would be
carried forward as under:

a) Closing balance of the credit in the last returns:
 The closing balance of the CENVAT credit /VAT in
the last returns filed under the existing law can be taken
as credit in electronic credit ledger. Such credit would be
available only when returns for the previous last six months
have been filed under the existing law. In order to claim this
credit, declaration in form GST TRAN 1 is required to be
furnished on the common portal within ninety days from
the appointed day i.e. 1st July, 2017 or within such extended
time.

b) Un-availed credit on capital goods:
The balance instalment of un-availed credit on capital goods
credit can also be taken by filing the requisite declaration in
the GST TRAN 1.

c) Credit on duty paid stock:
A registered taxable person, other than manufacturer or
service provider, may have a duty paid goods in his stock
on 1st July, 2017. GST would be payable on all supplies of
goods or services made after the appointed day. It is not the
intention of the Government to collect tax twice on the

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GST FLYERS

same goods. Hence, in such cases, it has been provided that
the credit of the duty/tax paid earlier would be admissible
as credit. Such credit can be taken as under:

i.     credit shall be taken on the basis of invoice evidenc-
       ing payment of duty of excise or VAT.
ii.    such invoices should be less than one-year old.
iii.   declare the stock of duty paid goods within pre-
       scribed time on the common portal.
d) credit on duty paid stock when registered person
   does not possess the document evidencing payment
   of excise duty/VAT.
For such traders who do not have excise or VAT Invoice,
there is a scheme to allow credit to them on the duty paid
stock. The features of this scheme are as under:

i.     The scheme is operative only for six months from
       1st July, 2017. It is not available to manufacturer or
       supplier of service. It is available to traders only.
ii.    Credit @ 60% on such goods which attract central
       tax @ 9% or more and @ 40% for other goods of
       GST paid on such stock cleared after 1st July, 2017
       would be allowed. However, such goods should not
       be unconditionally exempted goods or taxed at nil
       rate under the existing law. It has also been provided
       that where integrated tax is paid on such goods, the
       amount of credit shall be allowed at @ 30% and 20%
       respectively of the said tax.


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                            Transition Provisions under GST

iii.   Credit would be allowed after the GST is paid on
       such goods subject to the condition that the benefit
       of such credit is passed on to the customer by way of
       reduced prices.
iv.    A statement of supply of such goods in each of six
       tax period has to be submitted
v.     Stocks stored should be easily identifiable.
e) Credit relating to exempted goods under the existing
   law which are now taxable.
Input Tax Credit of CENVAT / VAT in respect of input,
semi-finished and finished goods in stock attributable to
such exempted goods or services which are now taxable can
also be taken in the same manner.

f ) Input /input services in transit:
There might be a scenario where input or input services are
received on or after the appointed day but the duty or tax
on the same was paid by the supplier under the existing law.
Registered person (RP) may take credit of eligible duties
and taxes, provided the invoice has been recorded in the
books within 30 days from 1st July, 2017. The period can be
extended by the Commissioner GST by another 30 days. A
statement of such invoices have to be furnished. ISD can
also distribute such credit.

g) Tax paid under existing law under composition
   scheme:
Those taxpayers who paid tax at fixed rate or fixed amount

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GST FLYERS

in lieu of tax payable under the existing law but are working
under normal scheme under GST can claim credit on
his input stock, semi-finished   and finished stock on the
appointed date subject to the following conditions: -

i.       Such Input stock used for taxable supply under this
         Act.
ii.      Registered person is not covered under  section 10
         (composition scheme) of this Act.
iii.     Registered person is eligible for ITC under this Act.
iv.      Registered person is in possession of such Invoice or
         other duty payment documents.
v.       Such Invoices are not more than twelve months old
         on appointed day.

h) ITC in case of Centralized Registration under ser-
   vice tax:
Such registered person can take credit of the amount of
CENVAT carry forwarded  in  return furnished under the
existing law, if the original / revised return under the existing
law has been filed within three months. Such credit may be
transferred to any of the registered persons having the same
PAN for which the centralized registration was obtained.

i)     Reclaim the reversed Input Service credit:

CENVAT credit reversed on account of non-payment of
consideration within three months can be reclaimed if
payment is made to the supplier of service within 3 months

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                               Transition Provisions under GST

from 1st July, 2017

j)     Where any goods or capital goods belonging to the
       principal are lying at the premises of the agent on the
       Appointed Day:
This provision is specific to SGST law. In such cases, agent
shall be entitled to take credit subject to the following
conditions:

i.       the agent is a registered taxable person
ii.      both the principal and the agent declare the details
         of stock
iii.     the invoices are not earlier than twelve months
iv.      the principal has either reversed or not availed of the
         input tax credit.

b) Transition provisions relating to job work, goods re-
   turned/ sent on approval etc.:
a) Job work: -
Inputs, semi-finished goods or finished goods were sent to
the job worker or any other premises without payment of
duty/VAT under the existing law. No GST is payable by the
job worker when such goods are returned by him within six
months after 1st July, 2017. The period can be extended by
the Commissioner, GST by another two months.
If not returned within the prescribed period, then ITC shall
be liable to be recovered from the principal as per second


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GST FLYERS

proviso to section 141(1) of the Act. In addition, the job
worker will have to pay the GST on such supplies. In case
of semi-finished goods, the manufacturer may transfer the
goods to premises of a registered person without payment of
tax within the prescribed period. In case of finished goods,
the manufacturer may transfer the goods on payment of tax
or clear for export within the prescribed period.

b) Goods removed before 6 months of the appointed
   day i.e. 1st July, 2017 but returned within 6 months
   from 1st July, 2017:
If such goods are returned by an unregistered person, then
refund of the duty/VAT paid under existing law can be
claimed
If returned by a registered person, then return of goods shall
be treated as supply of goods (ITC can be claimed)

c) Goods sent on approval basis before 6 months of the
   appointed day i.e. 1st July, 2017 but returned within 6
   months from 1st July, 2017:
No tax is payable by the person returning the goods.
Commissioner may extend the period by 2 months. If
returned after that, tax is payable if the supply is taxable
under GST (by the recipient. If not returned, tax is payable
by the person who sent the goods on approval basis.

d) TDS deducted in VAT
Where a supplier has made any sale of goods and tax was


                             164
                             Transition Provisions under GST

required to be deducted under VAT Act and Invoice was
issued before the appointed day, however, the payment was
made on or after appointed day. In such cases no TDS under
GST is to be deducted.

e) Price revision in respect of existing contracts
In case of upward price revision, a registered person will
issue a supplementary invoice or debit notes within 30 days
from the date of revision and such revision shall be treated
as supply under GST and tax is payable under this Act. 
In case of downward revision, registered person may issue
credit  note within 30 days from such revision  and credit
note shall be deemed to have been issued in respect of
outward supply made under this Act. A registered person
will reduce his tax liability for such credit note subject to
reversal of credit by the recipient.

f ) Proceedings under the existing laws:
GST law has become operational w.e.f. 1st July, 2017 and
existing laws have been repealed. Elaborate provisions have
been made to save the pending as well future claims relating
to existing law made before, on or after the appointed day
i.e. 1st July, 2017. Such proceedings may pertain to refund
claims of CENVAT credit/VAT or export related rebate or
service tax, such proceedings may either result in recovery
of tax or refund.
 All such cases would be disposed of under the existing
law. If any claim for refund of CENVAT credit is fully or
partially rejected, the amount so rejected shall lapse. Refund
of CENVAT credit shall be paid in cash. There will be

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GST FLYERS

no refund of CENVAT if already carry forwarded. If any
amount becomes recoverable, the same shall be recovered as
arrear of tax under GST Act.
Statutory provisions relating to transition are contained in
chapter XX (section 139 to 142) of the CGST Act, 2017,
SGST Act(s), 2017 and Rule 117 to 121 of the CGST
Rules, 2017.

                           ******




                            166
                           Transition Provisions under GST




                   Chapter Twenty One



        Integrated Goods and
           Services Tax Act
The introduction of Goods and Services Tax (GST) is
a significant reform in the field of indirect taxes in our
country. Multiple taxes levied and collected by the Centre
and states would be replaced by one tax called Goods and
Services Tax (GST). GST is a multi-stage value added tax
on consumption of goods or services or both.
2.    A "dual GST" model has been adopted in view of the
      federal structure of our country. Centre and States
      will simultaneously levy GST on every supply of
      goods or services or both which takes place within
      a State or Union territory. Thus, there shall be two
      components of GST as under: -
i.    Central tax (CGST):
(levied & collected under the authority of CGST Act, 2017
passed by the Parliament)

ii.   State tax (SGST)
(levied & collected under the authority of SGST Act, 2017
passed by respective State)

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GST FLYERS

Why the third tax in the name of IGST?
3.    Before discussing the IGST Model and its features it
      is important to understand how inter-state trade or
      commerce is being regulated in the present indirect
      tax system. It is significant to note that presently the
      Central Sales Tax Act, 1956 regulates the inter-state
      trade or commerce (hereinafter referred to as "CST")
      the authority for which is constitutionally derived
      from Article 269 of the Constitution. Further as per
      article 286 of the Constitution of India, no State
      can levy sales tax on any sales or purchase of goods
      that takes place outside the State or in the course of
      the import of the goods into, or export of the goods
      out of, the territory of India Only Parliament can
      levy tax on such transaction. The Central Sales Tax
      Act was enacted in 1956 to formulate principles for
      determining when a sale or purchase of goods takes
      place in the course of interstate trade or commerce.
      The Act also provides for the levy and collection of
      taxes on sale of goods in the course of interstate trade
4.    The CST suffers from following shortcomings:
i.    CST is collected and retained by the origin state,
      which is an aberration. Any indirect tax, by defini-
      tion is a consumption tax, the incidence of which is
      borne by the consumer. Logically, the tax should ac-
      crue to the destination state having jurisdiction over
      such consumer.
ii.   Input Tax Credit (ITC) of CST is not allowed to the


                            168
                          Integrated Goods and Services Tax Act

        buyer which results in cascading of tax (tax on tax) in
        the supply chain.
iii.    Various accountal forms are required to be filed in
        CST viz., C Form, E1, E2, F, I, J Forms etc. which
        adds to the compliance cost of the business and im-
        pedes the free flow of trade.
iv.     Another negative feature of CST is the opportunity
        it provides for "arbitrage" because of the huge differ-
        ence between tax rates under VAT and CST being
        levied on intra-State sales and inter-State sales re-
        spectively
5.      The IGST model would remove all these deficiencies.
        IGST is a mechanism to monitor the inter-state
        trade of Goods and services and further to ensure
        that the SGST component accrues to the consumer
        state. It would maintain the integrity of Input Tax
        Credit (hereinafter referred to as "ITC") chain in
        inter-state supplies. The IGST rate would broadly
        be equal to CGST rate plus SGST rate. I G S T
        would be levied by the Central Government on all
        inter-State transactions of taxable goods or services.

       IGST rate= CGST rate + SGST rate ( more or less)


                             ******




                              169
GST FLYERS




6.    Cross-utilization of credit requires transfer of funds
      between respective accounts. The utilization of credit
      of CGST & SGST for payment of IGST by "B"
      would require transfer of funds to IGST accounts.
      Similarly, the utilization of IGST credit for payment
      of CGST & SGST by "C" would necessitate transfer
      of funds from IGST account. As a result, CGST
      account and SGST (Rajasthan) would have Rs
      1300/- each, whereas, there will not be any amount
      left in IGST and SGST (Maharashtra) after transfer
      of ITC.
7.    Prescribed order of utilization of IGST/CGST/
      SGST credit:
The IGST payment can be done by utilizing ITC. The
amount of ITC on account of IGST is allowed to be utilized
towards payment of IGST, CGST and SGST in that order.

8.    Nature of Supply


                           170
                         Integrated Goods and Services Tax Act

It is very important to determine the nature of supply ­
whether it is inter-state or intra state, as the kind of tax to
be paid (IGST or CGST+SGST) depends on that.

i.     Inter- state Supply:
Subject to place of supply provisions, where the location of
the supplier and the place of supply are in­­

a) two different States;
a) two different Union territories; or
a) a State and a Union territory,
Such supplies shall be treated as a supply of goods or services
in the course of inter-State trade or commerce.
Any supply of goods or services in the taxable territory, not
being an intra-State supply shall be deemed to be a supply
of goods or services in the course of inter-State trade or
commerce. Supplies to or by SEZ are defined as inter-State
supply. Further supply of goods imported into territory
of India till they cross the customs frontiers of India or
supply of services imported into the territory of India shall
be treated as supplies in the course of inter-State trade or
commerce. Even supplies to international tourists are to be
treated as inter-state supplies.

ii.    Intra-State supply:

It has been defined as any supply where the location of the
supplier and the place of supply are in the same State or
Union territory.

                              171
GST FLYERS


Intra state supply                 Interstate supply
 Supply of goods             Supply of goods from one state
  within the state           or union territory to other state
  or union terri-            or union territory.
  tory.                      Supply of service from one
 Supply of ser-              state or union territory to other
  vices within the           state or union territory.
  state or union             Import of goods till they cross
  territory                  customs frontier
                             Import of service.
                             Export of goods or service.
                           · Supply of goods/services to/by
                             SEZ.
                             Supplies to international tour-
                             ists
                             Any other supply in the tax-
                             able territory which is not intra
                             state supply
       Thus, the nature of the supply depends on the
location of the supplier and the place of supply. Both these
terms have been defined in the IGST Act.
9.   Location of Supplier broadly is the registered place of busi-
     ness or the fixed establishment of the supplier from where
     the supply is made. Sometime, a service provider has to go
     to client location for providing service. However, such place
     would not be considered as the location of supplier. It has
     to be either regular place of business or fixed establishment
     which is having sufficient degree of permanence and suit-
     able structure in terms of human and technical resources.


                               172
                           Integrated Goods and Services Tax Act

10. Place of supply

10.1 Place of supply provisions have been framed for goods &
     services keeping in mind the destination/consumption prin-
     ciple. In other words, place of supply is based on the place
     of consumption of goods or services. As goods are tangi-
     ble, the determination of their place of supply based on the
     consumption principle is not difficult. Generally the place
     of delivery of goods becomes the place of supply. However,
     the services being intangible in nature, it is not easy to de-
     termine the exact place where services are acquired, enjoyed
     and consumed. In respect of certain categories of services,
     the place of supply is determined with reference to a proxy.

10.2 A distinction has been made between B2B (Business to
     Business) & B2C(Business to Consumer) transactions as
     B2B transactions are wash transactions as ITC is availed
     by such registered person (recipient) and no real revenue
     accrues to the Govt.

10.3 Separate provisions for supply of goods and services have
     been made for determination of their place of supply. Sep-
     arate provisions for determination of place of supply in re-
     spect of domestic supplies and cross border supplies have
     been framed.

A. Place of Supply of Goods other than import and export
   [Section- 10]




                               173
GST FLYERS


S.No.     Nature of supply          Place of Supply
1       Where the supply         Location of the goods
        involves   movement      at the time at which
        of goods, whether by     the movement of goods
        the supplier or the      terminates for delivery
        recipient or by any      to the recipient.
        other person.
2       where the goods are      The principal place
        delivered to recipient   of business of such
        or any person on the     person
        direction of third
        person by way of
        transfer of title or
        otherwise, it shall be
        deemed that third
        person has received
        the goods
3       where there is no        Location of such
        movement of goods        goods at the time of
        either by supplier or    delivery to recipient
        recipient
4       where goods are           The place where the
        assembled or installed   goods are assembled or
        at site                  installed




                           174
                           Integrated Goods and Services Tax Act


 5         where the goods are         The place where such
          supplied on board            goods are taken on
          a conveyance, like           board the conveyance
          vessel, aircraft, train or
          motor vehicle
 6        Where the place              It shall be determined
          of supply of goods           in such manner as may
          cannot be determined         be prescribed
          in terms of sub-
          section (2), (3), (4)
          and (5)

B. Place of supply of goods in case of import &Export [
   Section -11]

 S.No.       Nature of supply of              Place of Supply
                  goods
 1         Import                        location of importer
 2         Export                        location outside
                                         India

C. Place of supply of services in case of domestic supplies:
   (section12)

(Where the location of supplier of services and the location
of the recipient of services is in India.)

i.       In respect of following 12category of services, the


                                175
GST FLYERS

       place of supply is determined with reference to a
       proxy. Rest of services are governed by a default pro-
       vision.

S.No      Nature of service             Place of supply
1         Immovable prop-         Location at which the im-
        erty related services     movable property or boat
        including hotel ac-       or vessel is located or in-
        commodation,              tended to be located.
                              If located outside India:
                              Location of the recipient.
2       Restaurant and ca- Location where the ser-
        tering services, per- vices are actually per-
        sonal      grooming, formed.
        fitness,      beauty
        treatment,     health
        service,
3       Training and perfor- B2B :       Location of such
        mance appraisal ,     registered    person;
                           B2C:       Location where
                           the services are actually
                           performed.
4       Admission to an Place where the event is
        event or amusement actually held or where the
        park               park or such other place is
                           located.




                            176
                  Integrated Goods and Services Tax Act


5   Organization of an B2B :     Location of such
    event.             registered person;
                            B2C: Location where the
                            event is actually held.
                        If event is held outside
                        India :Location of the re-
                        cipient
6   Transportation of B2B :       Location of such
    goods     including registered person;
    mails
                        B2C : Location at which
                        such goods are       hand-
                        ed over for their transpor-
                        tation
7   Passenger transpor- B2B :     Location of such
    tation.             registered person;
                        B2C : Place where the
                        passenger embarks on
                        the conveyance for a con-
                        tinuous journey
8   Services on board a Location of the first sched-
    conveyance          uled point of departure of
                        that conveyance for the
                        journey.




                      177
GST FLYERS


9      Telecommunication Services involving fixed
       services.           line, circuits, dish etc.,
                           place of supply is location
                           of such fixed equipment.
                           In case of mobile/ inter-
                           net post-paid services, it is
                           location of billing address
                           of the recipient. In case of
                           sale of pre-paid voucher,
                           place of supply is place of
                           sale of such vouchers. In
                           other cases it is address of
                           the recipient in records.
10     Banking and other Location of the recipient
       financial services, of services on the records
                           of the supplier.
                                  Location of the supplier of
                                  services if the location of
                                  the recipient of services is
                                  not available
11     Insurance services         B2B :      Location of such
                                  registered person;
                                  B2C :       Location of the
                                  recipient of services
                                  on the records of the sup-
                                  plier




                            178
                           Integrated Goods and Services Tax Act


 12        Advertisement ser- The place of supply shall be
           vices to the Govern- taken as located in each of
           ment                 such States
                                      Proportionate      value in
                                      case of multiple state

i.       For the rest of the services other than those speci-
         fied above, a default provision has been prescribed
         as under.


     Default Rule for the Services other than twelve Speci-
                          fied Services
 S.No. Description of                   Place of supply
          supply
 1         B2B               Location of such registered person
                         (i)Location of the recipient where the ad-
                         dress on record exists, and
 2            B2C
                         (ii) the location of the supplier of services
                         in other cases.

D. Place of supply of services in case of cross-border supplies
   :( Section 13)

(Where the location of the supplier of services or the
location of the recipient of services is outside India)

i.       In respect of following category of services, the place
         of supply is determined with reference to a proxy.


                                179
GST FLYERS

       Rest of the services are governed by a default pro-
       vision.

S.No     Nature of service          Place of supply
1       Services supplied in re-    the location where the
        spect of goods that are     services are actually
        required to be made         performed,
        physically available
        from a remote location
        by way of electronic
        means,                  the location where
        (Not Applicable in case goods are situated
        of goods that are tem-
        porarily imported into
        India for repairs and ex-
        ported.)
2       services supplied to an     the location where the
        individual which require    services are actually
        the physical presence of    performed.
        the receiver
3       Immovable property re-      Location at which the
        lated services including    immovable property is
        hotel accommodation.        located.
4       Admission to or organi-     The place where the
        sation of an event.         event is actually held.




                           180
                      Integrated Goods and Services Tax Act


5     If      the     said     three     services      sup-
      plied      at    more      than     one      location
      i.e.(i) goods & individual (ii) immovable property
      related(iii) event related
5.1   at more than one loca- Its place of supply shall
      tion including a location be the location in the
      in the taxable territory, taxable territory where
                                  the greatest proportion
                                  of the service is provid-
                                  ed.
5.2    in more than one State its place of supply shall
                                  be each such state in
                                  proportion to the value
                                  of services so provided
                                  in each State
6     Banking, financial in- Location of the suppli-
      stitutions, NBFC Inter- er of service
      mediary services, hiring
      of vehicles services etc.
7     Transportation of goods. The place of destina-
                                  tion of the goods
8     Passenger transporta- Place where the pas-
      tion.                       senger embarks on the
                                  conveyance for a con-
                                  tinuous journey




                          181
GST FLYERS


 9       Services on board a con- The first scheduled
         veyance.                 point of departure of
                                  that conveyance for the
                                  journey.
 10      online      information The location of recipi-
         and database access ent of service.
         or retrieval services"


ii.    For the rest of the services other than those speci-
       fied above, a default provision has been prescribed
       as under.

 Default Rule for the cross border supply of Services other
 than nine Specified Services
 S.No. Description Place of supply
        of supply
 1      Any           Location of the Recipient of Service
                       If not available in the ordinary course of
                       business: The location of the supplier of
                       service.

11.    Supplies in territorial waters:

 Where the location of the supplier is in the territorial
waters, the location of such supplier; or where the place of
supply is in the territorial waters, the place of supply is be
deemed to be in the coastal State or Union territory where
the nearest point of the appropriate baseline is located.
12. Export /Import of services: a supply would be treated as


                              182
                         Integrated Goods and Services Tax Act

    Import or export if certain conditions are satisfied. These
    conditions are as under: -

                        Export of        Import of Services
Services
means the supply of any service          means the supply of
where                                    any service, where


                                       (a) the supplier of
(a) the supplier of service is located service is located
in India,                              outside India,
(b) the recipient of service is locat-
ed outside India,
                                         (b) the recipient
(c) the place of supply of service is    of service is locat-
outside India,                           ed in India, and
(d) the payment for such service
has been received by the supplier
of service in convertible foreign        (c) the place of
exchange, and                            supply of service is
                                         in India;
(e) the supplier of service and
recipient of service are not merely
establishments of a distinct person
in accordance with explanation 1 of
section 8;

13.    Zero rated supply: Exports and supplies to SEZ are
considered as `zero rated supply' on which no tax is payable.


                             183
GST FLYERS

However, ITC is allowed subject to such conditions, safeguards
and procedure as may be prescribed, refund in respect of such
supplies may be claimed by following either of these options:

i.     supply made without payment of IGST under Bond
       and claim refund of unutilised ITC or
ii.     supply made on payment of IGST and claim refund
        of the same.
14. Refund of integrated tax paid on supply of goods
        to tourist leaving India:
Section 15 of the IGST Act provides for refund of IGST
paid to an international tourist leaving India on goods
being taken outside India subject to such conditions and
safeguards as may be prescribed. An international tourist
has been defined as a non-resident of India who enters India
for a stay of less than 6 months. IGST would be charged on
such supplies as the same is in the course of export.
This Section was not made applicable from 1st July, 2017
and will be notified at a later date once the ecosystem for
the same is ready.

                            ******




                             184
                            Transition Provisions under GST




                   Chapter Twenty Two



  Compensation cess in GST
Introduction:
Goods and Services Tax (Compensation to States) Act,
2017 was enacted to levy Compensation cess for providing
compensation to the States for the loss of revenue arising
on account of implementation of the goods and services tax
with effect from the date from which the provisions of the
Central Goods and Services Tax Act is brought into force
(01/07/2017), for a period of five years or for such period
as may be prescribed on the recommendations of the GST
Council.
The compensation cess on goods imported into India shall
be levied and collected in accordance with the provisions
of section 3 of the Customs Tariff Act, 1975, at the point
when duties of customs are levied on the said goods under
section 12 of the Customs Act, 1962, on a value determined
under the Customs Tariff Act, 1975.
Compensation Cess will not be charged on goods exported
by an exporter under bond and the exporter will be eligible
for refund of input tax credit of Compensation Cess relating
to goods exported. In case goods have been exported on
the payment of Compensation Cess the exporter will be


                            185
GST FLYERS

eligible for refund of Compensation Cess paid on goods
exported by him. Compensation cess shall not be leviable
on supplies made by a taxable person who has decided to
opt for composition levy.

Input Tax Credit:
The input tax credit in respect of compensation cess on
supply of goods or services can be utilised only towards
payment of the compensation cess on supply of goods or
services.

Valuation if Cess to be levied on value:
In case the compensation cess is chargeable on any supply
of goods or services or both with reference to their value,
then for each such supply, the value has to be determined
under section 15 of the Central Goods and Services Tax
Act, 2017.

Laws and Rules applicable:
The provisions of the Central Goods and Services Tax Act,
2017 and the rules made thereunder, including those relating
to assessment, input tax credit, non-levy, short-levy, interest,
appeals, offences and penalties, shall apply in relation to the
levy and collection of the cess on the intra-State supply of
goods and services. Similarly, in case of inter-State supplies
the provisions of the Integrated Goods and Services Tax
Act, and the rules made thereunder will apply.
Conclusion:
The compensation cess is a cess that will be collected on the

                              186
                                    Compensation cess in GST

supply of select goods and or services or both till 1st July
2022. The cess will compensate the states for any revenue
loss on account of implementation of GST. This cess will
not be payable by exporters and those persons who have
opted for compensation levy. The input tax credit of this
cess can be only used to pay compensation cess and not the
other taxes like CGST, SGCT or IGST.


                           ******




                            187
GST FLYERS




                   Chapter Twenty Three



     Imports in GST Regime
Introduction
Under the GST regime, Article 269A constitutionally
mandates that supply of goods, or of services, or both in the
course of import into the territory of India shall be deemed
to be supply of goods, or of services, or both in the course
of inter-State trade or commerce. So import of goods or
services will be treated as deemed inter-State supplies
and would be subject to Integrated tax. While IGST on
import of services would be leviable under the IGST
Act, the levy of the IGST on import of goods would be
levied under the Customs Act, 1962 read with the Custom
Tariff Act, 1975. The importer of services will have to pay
tax on reverse charge basis. However, in respect of import
of online information and database access or retrieval
services (OIDAR) by unregistered, non-taxable recipients,
the supplier located outside India shall be responsible for
payment of taxes (IGST). Either the supplier will have to
take registration or will have to appoint a person in India
for payment of taxes.
Supply of goods or services or both to a Special Economic
Zone developer or a unit shall be treated as inter-State
supply and shall be subject to levy of integrated tax.

                            188
                                      Imports in GST Regime

Importer Exporter Code (IEC): As per DGFT's Trade
Notice No. 09 dated 12.06.2017, the PAN of an entity
would be used as the Import Export code (IEC). Wherever
an applicant applies for IEC, the PAN of the applicant
will be authorized as an IEC. The importer would only be
required to declare only GSTIN (where registered under
GST).

Import of Goods
The import of goods has been defined in the IGST Act,
2017 as bringing goods into India from a place outside
India. All imports shall be deemed as inter-State supplies
and accordingly Integrated tax shall be levied in addition to
the applicable Custom duties. The IGST Act, 2017 provides
that the integrated tax on goods imported into India shall
be levied and collected in accordance with the provisions of
the Customs Tariff Act, 1975 on the value as determined
under the said Act at the point when duties of customs
are levied on the said goods under the Customs Act, 1962.
The integrated tax on goods shall be in addition to the
applicable Basic Customs Duty (BCD) which is levied as
per the Customs Tariff Act. In addition, GST compensation
cess, may also be leviable on certain luxury and de-merit
goods under the Goods and Services Tax (Compensation
to States) Cess Act, 2017.
The Customs Tariff Act, 1975 has accordingly been amended
to provide for levy of integrated tax and the compensation
cess on imported goods. Accordingly, any goods which are
imported into India shall, in addition to the Basic Customs
duty, be liable to integrated tax at such rate as is leviable

                             189
GST FLYERS


Sr. Date of Details of registered   Jurisdictional      Invoice no. and Details of supplies               Date of
                                                                                                   Amount of GST paid by
No. prior in- person                GST officer         date of regis- received                           sending
                                                                                                   supplier
    timation                        details of regis-   tered person                                      endorsed
    given for                       tered person                                                          copy of
    pro- Name Ad- GSTIN             Desig- Juris-       No. of Date De- Value Quan- Cen- State Inte- Cess tax in-
    curing           dress          nation dic-         invoice     scrip-    tity tral Tax / grat-       voice by
    deemed                                    tional                tion            tax Union ed          EOU
    export                                    Iden-                                      territory tax
    supplies                                  tifier                                     Tax
                                              such as
                                              Divi-
                                              sion
                                              name/
                                              No.
1   2        3      4     5         6         7         8         9      10      11      12        13    14       15       16   17

Removal for pro-              Remarks         Other removals/Returns                                              Balance in
cessing                       (The goods                                                                          stock
                              removed for
                              processing
                              shall be ac-
                              counted in a
                              manner that
                              enables the
                              verification of
                              input-output
                              norms, extent
                              of waste,
                              scrap generat-
                              ed etc.)

 Date Quan- Value                                           Purpose of          Date & Quan- val- Quan- value
   &    tity                                                 removal             time   tity  ue   tity
 time
   of
 Re-
mov-
   al
18    19     20   21                                    22                     23             24          25      26            27



                                                                 190
                                         Imports in GST Regime

under the IGST Act, 2017 on a like article on its supply
in India. Further, the value of the goods for the purpose
of levying Integrated tax shall be assessable value plus
Customs Duty levied under the Act, and any other duty
chargeable on the said goods under any law for the time
being in force as an addition to, and in the same manner as,
a duty of customs.
The value of the imported article for the purpose of levying
cess shall be assessable value plus Basic Customs Duty levied
under the Act, and any sum chargeable on that goods under
any law for the time being in force as an addition to, and
in the same manner as, a duty of customs. The integrated
tax paid shall not be added to the value for the purpose of
calculating cess.

Let's take an example:
 Suppose the assessable value of an article imported into
India is Rs. 100/-. Basic Customs Duty is 10% ad-valorem.
Education Cess is 3%; Integrated tax rate is 18% and
Compensation Cess is 15%
The taxes will be calculated as under:

         Particulars                           Duty
(A)  Assessable Value                         Rs. 100/-
(B)  Basic Customs                            Rs.10/-
Duty@10%
(C)  Education Cess @3%                       Rs.0.30
(D)  Value for Integrated Tax                Rs.110.30


                             191
GST FLYERS


(E)    Integrated Tax @18%                Rs.19.85
(F)    Value for Compensation             Rs.110.30
Cess
(G)    Compensation Cess @                 Rs. 16.55
15%
(H)    Total Duty ( B+C +E+G)              Rs.46.70
Wherever the goods are also leviable to cess under the
Goods and Services Tax (Compensation to States) Cess
Act, 2017, the same will be collected on the value taken for
levying integrated tax. Thus, in the above example, in case,
cess is leviable, the same would be levied on Rs. 110.30/-.
In cases where imported goods are liable to Anti-Dumping
Duty or Safeguard Duty, value for calculation of IGST
as well as Compensation Cess shall also include Anti-
Dumping Duty amount and Safeguard duty amount.

Import as Baggage:
Passenger Baggage are exempted from IGST as well as
compensation cess. The basic customs duty at the rate of
35% and the applicable education cess shall be leviable on
the value which is in excess of the duty free allowances
provided under the Baggage Rules, 2016.
Tax Treatment of Goods imported into India and
deposited in a warehouse and sold while in warehouse
before clearance from Customs (Circular No. 46/2017
dated 24th November, 2017):
The Customs Act, 1962 provides for removal of goods from


                            192
                                      Imports in GST Regime

a customs station to a warehouse without payment of duty.
The said Act has been amended to include `warehouse' in
the definition of "customs area" in order to ensure that an
importer would not be required to pay the Integrated tax at
the time of removal of goods from a customs station to a
warehouse.
However, the transaction of sale / transfer etc. of the
warehoused goods between the importer and any other
person may be at a price higher than the assessable value
of such goods. Such a transaction squarely falls within the
definition of "supply" and shall be taxable under the IGST
Act, 2017. It may be noted that as per sub-section (2) of
section 7 of the IGST Act, any supply of imported goods
which takes place before they cross the customs frontiers of
India, shall be treated as an inter-State supply. Thus, such a
transaction of sale/transfer will be subject to IGST under
the IGST Act, 2017. The value of such supply shall be
determined in terms of section 15 of the CGST Act, 2017
read with section 20 of the IGST Act, 2017 and the rules
made thereunder, without prejudice to the fact that customs
duty (which includes BCD and applicable IGST payable
under the Customs Tariff Act) will be levied and collected
at the ex-bond stage.

Leviability of Integrated Tax on High Seas Sales
Transactions (Circular No. 33/2017-Customs dated 1st
August, 2017):
`High Sea Sales' is a common trade practice whereby the
original importer sells the goods to a third person before
the goods are entered for customs clearance. After the High

                             193
GST FLYERS

sea sale of the goods, the Customs declarations i.e. Bill of
Entry etc. is filed by the person who buys the goods from
the original importer during the said sale. IGST on high
sea sale (s) transactions of imported goods, whether one
or multiple, shall be levied and collected only at the time
of importation i.e. when the import declarations are filed
before the Customs authorities for the customs clearance
purposes for the first time. Further, value addition accruing
in each such high sea sale shall form part of the value on
which IGST is collected at the time of clearance.

Import of goods by 100% EOU's and SEZs:
Import of goods by 100% EOU's would be governed
by Notification no. 52/2003-Customs as amended by
Notification no. 78/2017-Customs dated 13.10.2017.
EOUs are allowed duty free import of goods (exempt from
Customs duties, IGST & Compensation Cess) under the
said notifications. However, exemption from IGST is only
available till 31.03.2018.
Goods imported by a unit or a developer in the Special
Economic Zone for authorised operations are exempted
from the whole of integrated tax under section 3 (7)
of the Customs Tariff Act, 1975 vide Notification No.
64/2017-Customs dated 05.07.2017.

Input tax credit of integrated tax:
The definition of "input tax" in relation to a registered
person also includes the integrated tax and compensation
cess charged on import of goods. Thus, input tax credit of


                             194
                                       Imports in GST Regime

the integrated tax and the compensation cess, if any, paid
at the time of import shall be available to the importer and
the same can be utilized by him as Input Tax credit for
payment of taxes on his outward supplies. The integrated
tax and compensation cess paid at the time of import shall
in essence be a pass through to that extent. The input tax
credit of compensation cess, however, can only be used for
payment of compensation cess. Furthermore, the Basic
Customs Duty (BCD) and education cess, shall, not be
available as input tax credit.
HSN (Harmonised System of Nomenclature) code would
be used for the purpose of classification of goods under the
GST regime.
As per section 11 of the IGST Act, 2017 the place of supply
of goods, imported into India shall be the location of the
importer. Thus, if an importer say is located in Rajasthan,
the state tax component of the integrated tax shall accrue to
the State of Rajasthan.

Import of services
Import of services has specifically been defined under
IGST Act, 2017 and refers to supply of any service where
the supplier is located outside India, the recipient is located
in India and the place of supply of service is in India.
As per the provisions contained in Section 7(1) (b) of the
CGST Act, 2017, import of services for a consideration
whether or not in the course or furtherance of business
shall be considered as a supply. Thus, in general, import of
services without consideration shall not be considered as

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GST FLYERS

supply. However, business test is not required to be fulfilled
for import of service to be considered as supply.
Furthermore, in view of the provisions contained in
Schedule I of the CGST Act, 2017, the import of services
by a taxable person from a related person or from a distinct
person as defined in Section 25 of the CGST Act, 2017,
in the course or furtherance of business shall be treated as
supply even if it is made without any consideration.
In view of the provisions contained in Section 14 of the
IGST Act, 2017, import of free services from Google
and Facebook by individuals without any consideration
are not considered as supply. Import (Downloading) of a
song for consideration for personal use would be a service,
even though the same are not in the course or furtherance
of business. Import of some services by an Indian branch
from their parent company, in the course or furtherance of
business, even if without consideration will be a supply.
Thus, import of services can be considered as supply based
on whether there is consideration or not and whether the
service is supplied in the course or furtherance of business.
The same has been explained in the table below:

 Nature of Service       Consideration       Business Test
Import of services        Necessarily        Not required
                           Required




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                                        Imports in GST Regime


Import of services         Not required         Necessarily
by a taxable person                              Required
from a related
person or from a
distinct person
As per the provisions contained in Section 21 of the IGST
Act, 2017, all import of services made on or after the
appointed day i.e 1st July, 2017 will be liable to integrated
tax regardless of whether the transactions for such import
of services had been initiated before the appointed day.
However, if the tax on such import of services had been
paid in full under the existing law, no tax shall be payable on
such import under the IGST Act. In case the tax on such
import of services had been paid in part under the existing
law, the balance amount of tax shall be payable on such
import under the IGST Act, 2017. For instance, suppose a
supply of service for Rs. One crore was initiated prior to the
introduction of GST, a payment of Rs. 20 lacs has already
been made to the supplier and service tax has also been paid
on the same, the integrated tax shall have to be paid on the
balance Rs. 80 lacs.
Section 13 of the IGST Act, 2017 provides for determination
of place of supply in cases wherein the location of the supplier
of services or the recipient of services is outside India.
Thus, this section provides the place of supply in relation
to international or cross-border supply of services. Place of
supply of a service shall determine as to whether a service
can be termed as import or export of service. The specific
provisions relating to place of supply for international


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GST FLYERS

supply of services are as below:

S . Situation                  Place of Supply
No.
1   Default Rule other          Location of the recipient of
    than specific situa-        services;
    tions mentioned be-         If not available, location of
    low                         the supplier of services.
2      Services     supplied Location where the services
       in respect of goods are actually performed
       which are required
       to be made physical-
       ly available
       Services which re-
       quire the physical
       presence of the re-
       cipient or the person
       acting on his behalf
       with the supplier of
       services
2.1    Services are provided Location where goods are
       on goods but from situated at the time of sup-
       a remote location ply of services
       by way of electronic
       means
2.2    Above provisions is not applicable in respect of goods
       which are temporarily imported into India for repairs
       and are exported after repairs
3      Services supplied di- Place where the immovable
       rectly in relation to property is located or in-
       an immovable prop- tended to be located
       erty
4      Admission to, or Place where the event is ac-
       organisation of an tually held
       event


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                                         Imports in GST Regime


4.1   Above Services pro-        India
      vided in more than
      one country includ-
      ing India
4,2   Above Services pro-        Proportionate Basis
      vided in more than
      one state
5     Services supplied by a     Location of the supplier of
      banking company, or        services
      a financial institution,
      or a non-banking fi-
      nancial company, to
      account holders
5.1   Intermediary services
5.2   Services consisting
      of hiring of means of
      transport, including
      yachts but excluding
      aircrafts and vessels,
      up to a period of one
      month
6     Transportation        of   Place of destination of such
      goods, other than by       goods
      way of mail or courier
7     Passenger transpor-  Place where the passenger
      tation services      embarks on the conveyance
                           for a continuous journey
8     Services provided on First scheduled point of de-
      board a conveyance parture of that conveyance
                           for the journey
9     Online information Location of the recipient of
      and database access services
      or retrieval (OI-
      DAR) services
                           ******

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GST FLYERS




                    Chapter Twenty Four



   Zero Rating of Supplies in
             GST
Introduction
What is the need for Zero Rating?
As per section 2(47) of the CGST Act, 2017, a supply is
said to be exempt, when it attracts nil rate of duty or is
specifically exempted by a notification or kept out of the
purview of tax (i.e. a non-GST supply). But if a good or
service is exempted from payment of tax, it cannot be said
that it is zero rated. The reason is not hard to find. The
inputs and input services which go into the making of the
good or provision of service has already suffered tax and only
the final product is exempted. Moreover, when the output
is exempted, tax laws do not allow availment/utilisation of
credit on the inputs and input services used for supply of the
exempted output. Thus, in a true sense the entire supply is
not zero rated. Though the output suffers no tax, the inputs
and input services have suffered tax and since availment of
tax credit on input side is not permitted, it becomes a cost
for the supplier. The concept of zero rating of supplies aims
to correct this anomaly.


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                                Zero Rating of Supplies in GST

What is Zero Rating?
By zero rating it is meant that the entire value chain of the
supply is exempt from tax. This means that in case of zero
rating, not only is the output exempt from payment of tax,
there is no bar on taking/availing credit of taxes paid on the
input side for making/providing the output supply. Such
an approach would in true sense make the goods or services
zero rated.
All supplies need not be zero-rated. As per the GST Law
exports are meant to be zero rated the zero rating principle
is applied in letter and spirit for exports and supplies to
SEZ. The relevant provisions are contained in Section 16(1)
of the IGST Act, 2017, which states that "zero rated supply"
means any of the following supplies of goods or services or both,
namely: ­­

a) export of goods or services or both; or
b) supply of goods or services or both to a Special Economic
   Zone developer or a Special Economic Zone unit.
As already seen, the concept of zero rating of supplies
requires the supplies as well as the inputs or input services
used in supplying the supplies to be free of GST. This is
done by employing the following means:

a) The taxes paid on the supplies which are zero rated are
   refunded;
b) The credit of inputs/ input services is allowed;
c)   Wherever the supplies are exempted, or the supplies


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GST FLYERS

    are made without payment of tax, the taxes paid on
    the inputs or input services i.e. the unutilised input tax
    credit is refunded.
The provisions for the refund of unutilised input credit are
contained in the explanation to Section 54 of the CGST
Act, 2017, which defines refund as below:
"refund" includes refund of tax paid on zero-rated supplies of
goods or services or both or on inputs or input services used in
making such zero-rated supplies, or refund of tax on the supply
of goods regarded as deemed exports, or refund of unutilised
input tax credit as provided under sub-section (3).
Thus, even if a supply is exempted, the credit of input tax
may be availed for making zero-rated supplies. A registered
person making zero rated supply can claim refund under
either of the following options, namely: ­­

a) he may supply goods or services or both under bond
   or Letter of Undertaking, subject to such conditions,
   safeguards and procedure as may be prescribed, with-
   out payment of integrated tax and claim refund of un-
   utilised input tax credit; or
b) he may supply goods or services or both, subject to such
    conditions, safeguards and procedure as may be pre-
    scribed, on payment of integrated tax and claim refund
    of such tax paid on goods or services or both supplied,
    in accordance with the provisions of section 54 of the
    CGST Act, 2017 or the rules made thereunder.
As per Section 54(3) of the CGST Act, 2017, any unutilised


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                               Zero Rating of Supplies in GST

input tax credit in zero rated supplies can be refunded,
wherever such supplies are made by using the option of
Bond/ LUT. The difference between zero rated supplies and
exempted supplies is tabulated as below:

       Exempted Supplies                Zero rated Supplies
"exempt supply" means supply of       "zero-rated supply"
any goods or services or both which   shall have the meaning
attracts nil rate of tax or which     assigned to it in section
may be wholly exempt from tax         16
under section 11 of CGST Act or
under section 6 of the IGST Act,
and includes non-taxable supply
No tax on the outward exempted        No tax on the outward
supplies, however, the input          supplies; Input supplies
supplies used for making exempt       also to be tax free
supplies to be taxed
Credit of input tax needs to be       Credit of input tax may
reversed, if taken;                   be availed for making
                                      zero-rated       supplies,
                                      even if such supply is an
No ITC on the exempted supplies       exempt supply
                                      ITC allowed on zero-
                                      rated supplies




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GST FLYERS


Value of exempt supplies, for          Value of zero rated supplies
apportionment of ITC, shall            shall be added along with
include supplies on which the          the taxable supplies for
recipient is liable to pay tax on      apportionment of ITC
reverse charge basis, transactions
in securities, sale of land and,
subject to clause (b) of paragraph 5
of Schedule II, sale of building.
Any person engaged exclusively in      A person exclusively
the business of supplying goods or     making       zero  rated
services or both that are not liable   supplies     may    have
to tax or wholly exempt from tax       to register as refunds
under the CGST or IGST Act shall       of unutilised ITC or
not be liable to registration          integrated tax paid shall
                                       have to be claimed
A registered person supplying Normal tax invoice shall
exempted goods or services or both be issued
shall issue, instead of a tax invoice,
a bill of supply
Provisional refund: As per section 54(6) of the CGST Act,
2017, ninety per cent of the total amount of refund claimed,
on account of zero-rated supply of goods or services or
both made by registered persons, may be sanctioned on a
provisional basis. The remaining ten percent can be refunded
later after due verification of documents furnished by the
applicant.
Non-applicability of Principle of Unjust Enrichment:
The principle of unjust enrichment shall not be applicable


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                               Zero Rating of Supplies in GST

in case of refund of taxes paid wherever such refund is on
accounts of zero rated supplies. As per section 54 (8) of the
CGST Act, 2017, the refundable amount, if such amount
is relatable to refund of tax paid on zero-rated supplies of
goods or services or both or on inputs or input services used
in making such zero-rated supplies, shall instead of being
credited to the Fund, be paid to the applicant.


                            ******




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GST FLYERS




                    Chapter Twenty Five



     Deemed Exports in GST
Introduction
"Deemed Exports" refers to supplies of goods manufactured
in India (and not services) which are notified as deemed
exports under Section 147 of the CGST/SGST Act, 2017.
The supplies do not leave India. The payment for such
supplies is received either in Indian rupees or in convertible
foreign exchange.
Deemed exports are not zero rated supplies by default,
unlike the regular exports. Hence all supplies notified as
supply for deemed export will be subject to levy of taxes i.e.
such supplies can be made on payment of tax and cannot
be supplied under a Bond/LUT. However, the refund of tax
paid on the supply regarded as Deemed export is admissible
to either the supplier or the recipient. The application for
refund has to be filed by the supplier or recipient (subject to
certain conditions) of deemed export supplies, as the case
may be.

Categories of supply of goods notified as Deemed
Exports
In exercise of powers conferred under Section 147 of the


                             206
                                         Deemed Exports in GST

CGST Act, the Central Government has issued Notification
no. 48/2017-Central Tax dated 18.10.2017 wherein the
following categories of supply of goods has been declared
as Deemed Exports: -
Sr.No                     Description of Supply

1        Supply of goods by a registered person against Advance
         Authorisation
2        Supply of capital goods by a registered person against
         Export Promotion Capital Goods Authorisation
3.       Supply of goods by a registered person to Export Oriented
         Unit
4.       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


For the purposes of the above notification, ­
1.      "Advance Authorisation" means an authorisation
        issued by the Director General of Foreign Trade
        under Chapter 4 of the Foreign Trade Policy 2015-
        20 for import or domestic procurement of inputs on
        pre-import basis for physical exports.
2.      Export Promotion Capital Goods Authorisation
        means an authorisation issued by the Director
        General of Foreign Trade under Chapter 5 of the
        Foreign Trade Policy 2015-20 for import of capital
        goods for physical exports.
3.      "Export Oriented Unit" means an Export Oriented


                               207
GST FLYERS

       Unit or Electronic Hardware Technology Park
       Unit or Software Technology Park Unit or Bio-
       Technology Park Unit approved in accordance with
       the provisions of Chapter 6 of the Foreign Trade
       Policy 2015-20.
It may be noted that Notification no. 49/2017-Central tax
dated 18.10.2017 also lays down the list of evidences which
are required to be produced by the supplier of deemed
export supplies for claiming refund.

Procedure to be followed in case of Deemed Export
supplies
Rule 89 of the CGST Rules, 2017 as amended vide
Notification No. 47/2017- Central Tax dated 18.10.2017
allows either the recipient or supplier of such supplies to
claim refund of tax paid thereon.
As mentioned earlier, certain supplies of goods have been
notified as deemed export supplies vide Notification No.
48/2017-Central Tax dated 18.10.2017. Circular no.
14/14/2017-GST dated 06.11.2017 provides for the
following procedure and safeguards in respect of supplies to
EOU / EHTP / STP / BTP units-

i.     The recipient EOU / EHTP / STP / BTP unit shall
       give prior intimation in a prescribed
proforma in "Form­A" (appended herewith) bearing a
running serial number containing the goods to be procured,
as pre-approved by the Development Commissioner and
the details of the supplier before such deemed export


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                                        Deemed Exports in GST

supplies are made. The said intimation shall be given to ­

a) the registered supplier;
b) the jurisdictional GST officer in charge of such regis-
   tered supplier; and
c)    its jurisdictional GST officer.
i.      The registered supplier thereafter will supply goods
        under tax invoice to the recipient EOU / EHTP /
        STP / BTP unit.
ii.     On receipt of such supplies, the EOU / EHTP /
        STP / BTP unit shall endorse the tax invoice and
        send a copy of the endorsed tax invoice to ­
a) the registered supplier;
b) the jurisdictional GST officer in charge of such regis-
   tered supplier; and
c)    its jurisdictional GST officer.
iv.     The endorsed tax invoice will be considered as proof
        of deemed export supplies by the registered person
        to EOU / EHTP / STP / BTP unit.
v.      The recipient EOU / EHTP / STP / BTP unit shall
        maintain records of such deemed export supplies in
        digital form, based upon data elements contained
        in "Form-B" (appended herewith). The software for
        maintenance of digital records shall incorporate the
        feature of audit trail. While the data elements con-
        tained in the Form-B are mandatory, the recipient
        units will be free to add or continue with any addi-

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GST FLYERS

      tional data fields, as per their commercial require-
      ments. All recipient units are required to enter data
      accurately and immediately upon the goods being
      received in, utilized by or removed from the said
      unit. The digital records should be kept updated, ac-
      curate, complete and available at the said unit at all
      times for verification by the proper officer, whenev-
      er required. A digital copy of Form ­ B containing
      transactions for the month, shall be provided to the
      jurisdictional GST officer, each month (by the 10th
      of month) in a CD or Pen drive, as convenient to the
      said unit.
3.    The above procedure and safeguards are in addition to
      the terms and conditions to be adhered to by a EOU
      / EHTP / STP / BTP unit in terms of the Foreign
      Trade Policy, 2015-20 and the duty exemption
      notification being availed by such unit.
                        Form ­ A
(Intimation for procurement of supplies from the registered
person by Export Oriented Unit (EOU)/Electronic
Hardware Technology Park (EHTP) Unit/ Software
Technology Park (STP) unit/ Bio-Technology Parks (BTP)
Unit under deemed export benefits under section 147 of
CGST Act,2017 read with Notification No.48/2017-
Central Tax dated 18.10.2017)
         (as per Circular ------- dated ----------)
Running Sr. No. of intimation and Date________________



                            210
                                     Deemed Exports in GST

LOP No. ---------- and valid up to ------.
GSTIN ----------------------
We the, M/s ................(Name of EOU/EHTP/
STP/BTP unit and address) wish to procure the Goods
namely(Tariff description, Quantity and value) ---------
----------------, as allowed under Foreign Trade Policy
and Handbook of Procedures 2015-2020, and approved by
Development Commissioner from M/s ------------------
---- (Name of supplier, address and Goods & Services Tax
Identification Number(GSTIN)). Such supplies on receipt
would be used in manufacturing of goods or rendering
services by us. We would also abide by procedure set out in
Circular no. ------ dated ----.


                                  Signatures of the owner of
                          EOU/EHTP/STP/BTP unit or
                                     His Authorised officer


To:
1.    The GST officer having Jurisdiction over the EOU/
      EHTP/STP/BTP unit.
2.    The GST officer having Jurisdiction over the
      registered person intending to supply the goods.
3.    The registered person intending to supply goods to
      EOU/EHTP/STP/BTP unit.



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GST FLYERS

                       FORM - B
  Form to be maintained by EOU/EHTP/STP/BTP
 unit for the receipt, use and removal of goods re-
ceived under deemed export benefit under section
 147 of CGST Act, 2017 read with Notification No.
      48/2017-Central Tax dated 18.10.2017

Name of EOU/EHTP/STP/BTP unit and address

GSTIN No.

Address of Jurisdiction GST Officer


Who can file refund application in case of Deemed
Exports supplies
As per 3rd proviso to Rule 89(1) of CGST Rules, 2017,
application for refund in case of deemed exports can
either be filed by the recipient of deemed export supplies.
Alternatively, the supplier of such deemed exports supplies
can also file the refund application, in cases where the
recipient does not avail of input tax credit on such supplies
and furnishes an undertaking to the effect that the supplier
may claim the refund.
It may be noted that rule 89(4A) of the CGST Rules,
2017 as amended vide Notification no. 75/2017-Central
Tax dated 29.12.2017 (w.e.f 23.10.2017), the recipient of
deemed export supplies can claim refund of input tax credit
availed in respect of other inputs or input services used in
making zero-rated supply of goods or services or both, in

                            212
                                     Deemed Exports in GST

case of deemed export supplies on which the supplier has
availed the benefit of notification No. 48/2017-Central Tax
dated 18.10.2017.
Further Rule 96(9) of the CGST Rules, 2017 as amended
vide Notification no. 75/2017-Central Tax dated 29.12.2017
(w.e.f 23.10.2017) also provides that the recipient of deemed
export supplies on which the supplier has availed the benefit
of notification No. 48/2017-Central Tax dated 18.10.2017
cannot export on payment of integrated tax.

Time Limit for filing refund claim
For obtaining refund the recipient or supplier of deemed
export supplies has to file an application in FORM GST
RFD-01 through the Common Portal, either directly or
through a Facilitation Centre notified by the Commissioner
before the expiry of two years from, the date on which
the return relating to such deemed export supplies is
to be furnished electronically. The application has to be
accompanied by a statement containing the number and
date of invoices along with such other evidences as may be
notified in this behalf.

Manual filing and processing of refund claims on
account of deemed export supplies
Due to the non-availability of the refund module on the
common portal, it has been decided by the competent
authority, that the applications/documents/forms pertaining
to refund claims on account of deemed export supplies shall
be filed and processed manually till further orders. Circular


                             213
GST FLYERS

No. 17/17/2017-GST dated 15.11.2017 and Circular
no. 24/24/2017-GST dated 21.12.2017 prescribing the
detailed procedure have been issued in this regard.


                       ******




                        214
                    Chapter Twenty Six



 Pure Agent Concept in GST
Introduction
The GST Act defines an Agent as a person including a
factor, broker, commission agent, arhatia, del credere agent,
an auctioneer or any other mercantile agent, by whatever
name called, who carries on the business of supply or receipt
of goods or services or both on behalf of another.
So, who is a pure agent and why is a pure agent relevant
under GST? Broadly, speaking a pure agent is one who
while making a supply to the recipient, also receives and
incurs expenditure on some other supply on behalf of the
recipient and claims reimbursement (as actual, without
adding it to the value of his own supply) for such supplies
from the recipient of the main supply . While the relationship
between them (provider of service and recipient of service)
in respect of the main service is on a principal to principal
basis, the relationship between them in respect of other
ancillary services is that of a pure agent.
Let's understand the concept by taking an example. A is
an importer and B is a Custom Broker. A approaches B for
customs clearance work in respect of an import consignment.
The clearance of import consignment and delivery of the


                             215
GST FLYERS

consignment to A would also require taking service of a
transporter. So A, also authorises B, to incur expenditure
on his behalf for procuring the services of a transporter and
agrees to reimburse B for the transportation cost at actuals.
In the given illustration, B is providing Customs Brokers
service to A, which would be on a principal to principal
basis. The ancillary service of transportation is procured by
B on behalf of A as a pure agent and expenses incurred
by B on transportation should not form part of value of
Customs Broker service provided by B to A. This, in sum
and substance is the relevance of the pure agent concept in
GST.

RELEVANCE OF PURE AGENT UNDER GST
The concept is borrowed from the erstwhile Service Tax
Determination of Value Rules, 2006 and carried forward
under GST. Under the GST Valuation Rules 2017 pure
agent is given the following meaning.
"pure agent" means a person who -

a) enters into a contractual agreement with the recipient
   of supply to act as his pure agent to incur expenditure
   or costs in the course of supply of goods or services or
   both;
b) neither intends to hold nor holds any title to the goods
   or services or both, so procured or provided as pure
   agent of the recipient of supply;
c)   does not use for his own interest such goods or services
     so procured; and

                             216
                                   Pure Agent Concept in GST

d) receives only the actual amount incurred to procure
     such goods or services in addition to the amount re-
     ceived for supply he provides on his own account.
The important thing to note is that a pure agent does not
use the goods or services so procured for his own interest
and this fact has to be determined from the terms of the
contract. In the illustration of importer and Customs
Broker given above, assuming that the contract was for
clearance of goods and delivery to the importer at the price
agreed upon in the contract. In such case, the Customs
Broker would be using the transport service for his own
interest (as the agreement requires him to deliver the goods
at the importers place) and thus would not be considered as
a pure agent for the services of transport procured.
Another important fact is that, the person who provides
any service as a pure agent receives only the actual amount
for the services provided. Coming back to our example
of Importer and Customs Broker, the agreement provides
reimbursement of transport services utilised at actuals. In
this case, let's say the value of transport service was Rs.10,
000/-. If the Customs Broker charges any amount more
than Rs.10,000/-, then he will not be considered as a pure
agent for the services of transport and the value of transport
service will be included in the value of his Customs Broker
service.

EXCLUSION FROM VALUE
Expenditure incurred as pure agent becomes relevant, when
it comes to determining the value of a supply for levy of


                             217
GST FLYERS

GST. The preceding para explains who will be considered as
a pure agent. The valuation rules provide that expenditure
incurred as pure agent, will be excluded from the value of
supply, and thus also from aggregate turnover. However,
such exclusion of expenditure incurred as pure agent is
possible only and only if all the conditions required to be
considered as a pure agent and further conditions stipulated
in the rules are satisfied by the supplier in each case.
The supplier would have to satisfy the following conditions
(in addition to the condition required to be satisfied to be
considered as a pure agent) for exclusion from value as
under:-

i.     the supplier acts as a pure agent of the recipient of
       the supply, when he makes payment to the third par-
       ty on authorization by such recipient;
ii.    the payment made by the pure agent on behalf of the
       recipient of supply has been separately indicated in
       the invoice issued by the pure agent to the recipient
       of service; and
iii.   the supplies procured by the pure agent from the
       third party as a pure agent of the recipient of supply
       are in addition to the services he supplies on his own
       account.
In case the conditions are not satisfied, such expenditure
incurred shall be included in the value of supply under GST.
The following illustration will make the concept clearer.



                            218
                                   Pure Agent Concept in GST

    Corporate services firm A is engaged to handle the legal
    work pertaining to the incorporation of Company B.

    Other than its service fees, A also recovers from B, regis-
    tration fee and approval fee for the name of the company
    paid to Registrar of the Companies.

    The fees charged by the Registrar of the companies, reg-
    istration and approval of the name are compulsorily lev-
    ied on B.

    A is merely acting as a pure agent in the payment of
    those fees.

    Therefore, A's recovery of such expenses is a reimburse-
    ment and not part of the value of supply made by A to B.

Some examples of pure agent are:
   1. Port fees, Port charges, Custom duty, dock dues,
      transport charges etc. paid by Customs Broker on
      behalf of owner of goods.
   2. Expenses incurred by C& F agent and reimbursed
      by principal such as freight, godown charges.

Illustration:
Suppose a Customs Broker issues an invoice for
reimbursement of a few expenses and for consideration
towards agency service rendered to an importer. The
amounts charged by the Customs Broker are as below:



                             219
GST FLYERS


 S/No.    Component charged in in-             Amount
                     voice
1        Agency Income                    Rs. 10, 000/-
2        Traveling expenses ; Hotel ex-   Rs. 15,000/-
         penses
3        Customs Duty                     Rs. 55,000/-
4        Docks Dues                       Rs. 5000/-
In the above situation, agency income and travelling/
hotel expenses shall be added for determining the value of
supply by the Customs Broker whereas Docks dues and the
Customs Duty shall not be added to the value provided the
conditions of pure agent are satisfied.

CONCLUSION
A pure agent concept is an important one for businesses
as it has direct implications on the value of taxable service.
It has direct bearing on the amount of GST charged on
a particular supply. It also has bearing on the aggregate
turnover of the supplier and therefore on calculating the
threshold limit for registration. Whenever the intention is
to act as a pure agent, care should be taken to ensure that
the conditions specified for such pure agents and further
conditions given in the valuation rules are also met so that
only the real value of the service provided is subjected to
GST.

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                  Chapter Twenty Seven



        Job Work under GST
Introduction
Job-work sector constitutes a significant industry in Indian
economy. It includes outsourced activities that may or may
not culminate into manufacture. The term Job-work itself
explains the meaning. It is processing of goods supplied
by the principal. The concept of job work already exists
in Central Excise, wherein a principal manufacturer can
send inputs or semi-finished goods to a job worker for
further processing. Many facilities, procedural concessions
have been given to the job workers as well as the principal
supplier who sends goods for job work.The whole idea is
to make principal responsible for meeting compliances on
behalf of the job-worker on the goods processed by him
(job-worker), considering the fact that typically the job-
workers are small persons who are unable to comply with
the discrete provisions of the law.
The GST Act makes special provisions with regard to
removal of goods for job-work and receiving back the goods
after processing from the job-worker without payment of
GST. The benefit of these provisions shall be available both
to the principal and the job-worker.


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GST FLYERS

What is Job work?
Section 2(68) of the CGST Act, 2017 defines job work as
`any treatment or process undertaken by a person on goods
belonging to another registered person'. The one who does
the said job would be termed as `job worker'. The ownership
of the goods does not transferto the job-worker but it rests
with the principal. The job-worker is required to carry out
the process specified by the principal, on the goods.

Job work Procedural aspects:
Certain facilities with certain conditions are offered in
relation to job work, some of which are as under:
   a) A registered person (Principal) can send inputs/
      capital goods under intimation and subject to
      certain conditions without payment of tax to a job
      worker and from there to another job worker and
      after completion of job work bring back such goods
      without payment of tax. The principal is not required
      to reverse the ITC availed on inputs or capital
      goodsdispatched to job-worker.
   b) Principal can send inputsor capital goods directly
      to the job worker without bringing them to his
      premises, still the principal can avail the credit of tax
      paid on such inputs or capital goods.
   c) However, inputs and/or capital goods sent to a job
      worker are required to be returned to the principal
      within 1 year and 3 years, respectively, from the date
      of sending such goods to the job worker.


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                                          Job Work under GST

d)     After processing of goods, the job-worker may clear
the goods to-
        (i) Another job-worker for further processing;
        (ii) Dispatch the goods to any of the place of
              business of the principal without payment of
              tax;
        (iii) Remove the goods on payment of tax within
              India or without payment of tax for export
              outside India on fulfilment of conditions.
The facility of supply of goods by principal to the third party
directly from the premises of the job-worker on payment of
tax in India likewise with or without payment of tax for
export may be availed by the principal on declaring premise
of the job-worker as his additional place of business in
registration. In case the job-worker is a registered person
under GST, even declaring the premises of the job worker
as additional place of business is not required.
Before supply of goods to job-worker, principal would be
required to intimate the Jurisdictional Officer containing
the details of description of inputs intended to be sent by
the principal and the nature of processing to be carried out
by the job-worker. The said intimation shall also contain the
details of another job-worker, if any.
The inputs or capital goods shall be sent to the job worker
under the cover of a challan issued by the principal. The
challan shall be issued even for the inputs or capital goods
sent directly to the job worker.The challan shall contain the
details specified in rule 10of the Invoice Rules.


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GST FLYERS

The responsibility for keeping proper accounts for the inputs
or capital goods shall lie with the principal.
Input Tax credit on goods supplied to jobworker
Section 19 of the CGST Act, 2017 provides that the
principal (a person supplying taxable goods to the job-
worker) shall be entitled to take the credit of input tax paid
on inputs sent to the job- worker for the job work. Further,
the proviso also provides that the principal can take the
credit even when the goods have been directly supplied to
the job-worker without bringing into the premise of the
principal. The principal need not wait till the inputs are first
brought to his place of business.
Time Limits for return of processed goods
As per section 19 of the CGST Act, 2017, inputs and capital
goods after processing shall be returned back to principal
within one year or three years respectively of their being
sent out. Further, the provision of return of goods is not
applicable in case of moulds and dies, jigs and fixtures or
tools supplied by the principal to job-worker.
Extended meaning of input
As per the explanation provided in section 143 of the
CGST Act, 2017, where certain process is carried out on
the input before removal of the same to the job worker,
such product after carrying out the process to be referred
as the intermediate product. Such intermediate product
can also be removed without the payment of tax. Therefore,

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                                        Job Work under GST

both input and intermediate product can be cleared without
payment of duty to job-worker.
Waste clearing provisions
Pursuant to section 143 (5) of the CGST Act, 2017,
waste generated at the premises of the job-worker may be
supplied directly by the registered jobworker fromhis place
of business on payment of tax or s such waste may be cleared
by the principal, in case the job-worker is not registered.
Transitional provisions: Inputs as such or partially
processed inputs which are sent to a job worker prior to
introduction of GST under the provisions of existing law
[Central Excise] and if such goods are returned within 6
months from the appointed day i.e. 1st July, 2017 no tax
would be payable. If such goods are not returned within
prescribed time, the input tax credit availed on such goods
will be liable to be recovered.
If manufactured goods are removed, prior to the appointed
day, without payment of duty for testing or any other
process which does not amount to manufacture, and such
goods are returned within 6 months from the appointed
day, then no tax will be payable. For the purpose of these
provisions during the transitional period, the manufacturer
and the job worker are required to declare the details of
such goods sent/received for job work in prescribed format
GST TRAN-1, within 90 days of the introduction of GST.

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GST FLYERS




                   Chapter Twenty Eight



     Works Contract in GST
Introduction:

What is a works contract?
Simply put, a works contract is essentially a contract of
service which may also involve supply of goods in the
execution of the contract. It is basically a composite supply
of both services and goods, with the service element being
dominant in the contract between parties.
In a general sense, a contract of works, may relate to both
immovable and immovable property. E.g. if a sub-contractor,
undertakes a sub-contract for the building work, it would
be a works contract in relation to immovable property.
Similarly, if a composite supply in relation to movable
property such as fabrication/painting/annual maintenance
contracts etc. is undertaken, the same would come within
the ambit of the broad definition of a works contract.

Works Contract ­ the position in VAT & Service Tax
A works contract has elements of both provision of services
and sale of goods, and was therefore taxable under both
laws.


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                                       Works Contract in GST

VAT
In the case of Gannon Dunkerly, the Hon'ble Apex Court
had held that in case of a works contract, the dominant
intention of the contract is the execution of works, which
is a service and there is no element of sale of goods (as per
Sale of Goods Act). The contract being one indivisible
contract, it cannot be broken up to levy VAT on sale of goods
involved in the execution of works contract. This decision
led the Government to amend the Constitution of India
and insert Article 366(29A) (b) which enabled the State
Governments to levy tax (VAT) on transfer of property in
goods (whether as goods or in some other form) involved in
the execution of a works contract.

SERVICE TAX
Works contract has been defined in section 65B of the
Finance Act, 1994 as a contract wherein transfer of property
in goods involved in the execution of such contract is leviable
to tax as sale of goods and such contract is for the purpose
of carrying out construction, erection, commissioning,
installation, completion, fitting out, repair, maintenance,
renovation, alteration of any moveable or immoveable
property or for carrying out any other similar activity or a
part thereof in relation to such property.
By virtue of Section 66E of Finance Act, 1994, the service
portion involved in the execution of works contract was a
declared service. Hence Service Tax could be levied only on
the service element of the works contract. The principles of
segregation of the value of goods were provided in Rule 2A


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GST FLYERS

of the Service Tax (Determination of Value) Rules, 2006.

Position under GST
Under GST laws, the definition of "Works Contract" has
been restricted to any work undertaken for an "Immovable
Property" unlike the existing VAT and Service Tax
provisions where works contracts for movable properties
were also considered.
The Works Contracts has been defined in Section 2(119) of
the CGST Act, 2017 as
 "works contract" means a contract for building, construction,
fabrication, completion, erection, installation, fitting out,
improvement, modification, repair, maintenance, renovation,
alteration or commissioning of any immovable property
wherein transfer of property in goods (whether as goods or in
some other form) is involved in the execution of such contract."
Thus, from the above it can be seen that the term works
contract has been restricted to contract for building
construction, fabrication etc of any immovable property
only. Any such composite supply undertaken on goods say
for example a fabrication or paint job done in automotive
body shop will not fall within the definition of term works
contract per se under GST. Such contracts would continue
to remain composite supplies, but will not be treated as a
Works Contract for the purposes of GST.
As per Para 6 (a) of Schedule II to the CGST Act, 2017,
works contracts as defined in section 2(119) of the CGST
Act, 2017 shall be treated as a supply of services. Thus, there


                              228
                                       Works Contract in GST

is a clear demarcation of a works contract as a supply of
service under GST.
As per section 17(5) (c) of the CGST Act, 2017, input tax
credit shall not be available in respect of the works contract
services when supplied for construction of an immovable
property (other than plant and machinery) except where
it is an input service for further supply of works contract
service.
Thus, ITC for works contract can be availed only by one
who is in the same line of business and is using such services
received for further supply of works contract service. For
example a building developer may engage services of a sub-
contractor for certain portion of the whole work. The sub-
contractor will charge GST in the tax invoice raised on the
main contractor. The main contractor will be entitled to
take ITC on the tax invoice raised by his sub-contractor as
his output is works contract service. However if the main
contractor provides works contract service (other than for
plant and machinery) to a company say in the IT business,
the ITC of GST paid on the invoice raised by the works
contractor will not be available to the IT Company.
Plant and Machinery in certain cases when affixed
permanently to the earth would constitute immovable
property. When a works contract is for the construction of
plant and machinery, the ITC of the tax paid to the works
contractor would be available to the recipient, whatever is the
business of the recipient. This is because works contract in
respect of plant and machinery comes within the exclusion
clause of the negative list and ITC would be available when


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GST FLYERS

used in the course or furtherance of business.

Maintenance of records:
As per Rule 56 (14) of the CGST Rules, 2017, every
registered person executing works contract shall keep
separate accounts for works contract showing - (a) the
names and addresses of the persons on whose behalf the
works contract is executed; (b) description, value and
quantity (wherever applicable) of goods or services received
for the execution of works contract; (c) description, value
and quantity (wherever applicable) of goods or services
utilized in the execution of works contract; (d) the details
of payment received in respect of each works contract; and
(e) the names and addresses of suppliers from whom he
received goods or services.

Rate of GST
The rate of GST for Works Contract service has been
prescribed in serial number 3 of Notification No.
11/2017-Central Tax (Rate) dated 28.06.2017 as amended
by Notification No. 20/2017-Central Tax (Rate) dated
22.08.2017 & notification no.24/2017-Central Tax (Rate)
dated 21.09.2017 and is as under:




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                                         Works Contract in GST


(i)     Construction of a complex,building,      9% CGST +
        civil structure or a part thereof,       9% SGST
        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. (Provisions of paragraph 2
        of this notification shall apply for
        valuation of this service)
(ii)    composite supply of works contract       9% CGST +
        as defined in clause 119 of section      9% SGST
        2 of Central Goods and Services
        Tax Act, 2017
(iii)   Composite supply of works                6% CGST +
        contract as defined in clause            6% SGST
        (119) of section 2 of the Central
        Goods and Services Tax Act, 2017,
        supplied to the Government, a
        local authority or a Governmental
        authority by way of construction,
        erection,           commissioning,
        installation, completion, fitting out,
        repair, maintenance, renovation, or
        alteration of, -



                              231
GST FLYERS


       (a) a historical monument,
       archaeological site or remains of
       national importance, archaeological
       excavation, or antiquity specified
       under the Ancient Monuments
       and Archaeological Sites and
       Remains Act, 1958 (24 of 1958);
       (b) canal, dam or other irrigation
       works;
       (c) pipeline, conduit or plant for (i)
       water supply (ii) water treatment,
       or (iii) sewerage treatment or
       disposal
(iv)   Composite supply of works 6% CGST +
       contract as defined in clause 6% SGST
       (119) of section 2 of the Central
       Goods and Services Tax Act, 2017,
       supplied by way of construction,
       erection,           commissioning,
       installation, completion, fitting out,
       repair, maintenance, renovation, or
       alteration of,-
       (a) a road, bridge, tunnel, or
       terminal for road transportation
       for use by general public;
       (b) a civil structure or any other
       original works pertaining to a
       scheme under Jawaharlal Nehru
       National Urban Renewal Mission
       or Rajiv Awaas Yojana;


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                                 Works Contract in GST


      (c) a civil structure or any other
      original works pertaining to
      the "In-situ rehabilitation of
      existing slum dwellers using land
      as a resource through private
      participation" under the Housing
      for All (Urban) Mission/Pradhan
      Mantri Awas Yojana, only for
      existing slum dwellers;
      (d) a civil structure or any other
      original works pertaining to the
      "Beneficiary led individual house
      construction / enhancement"
      under the Housing for All (Urban)
      Mission/Pradhan Mantri Awas
      Yojana;
      (e) a pollution control or effluent
      treatment plant, except located as a
      part of a factory; or
      (f ) a structure meant for funeral,
      burial or cremation of deceased
(v)   Composite supply of works 6% CGST +
      contract as defined in clause (119) of 6% SGST
      section 2 of the Central Goods and
      Services Tax Act, 2017, supplied
      by way of construction, erection,
      commissioning, or installation of
      original works pertaining to,-



                        233
GST FLYERS


     (a) railways, excluding monorail
     and metro;
     (b) a single residential unit
     otherwise than as a part of a
     residential complex;
     (c) low-cost houses up to a carpet
     area of 60 square metres per house
     in a housing project approved by
     competent authority empowered
     under the `Scheme of Affordable
     Housing in Partnership' framed by
     the Ministry of Housing and
     Urban       Poverty     Alleviation,
     Government of India;
     (d) low cost houses up to a carpet
     area of 60 square metres per house
     in a housing project approved by
     the competent authority under-
     (1) the "Affordable Housing in
     Partnership" component of the
     Housing for All (Urban) Mission/
     Pradhan Mantri Awas Yojana; (2)
     any housing scheme of a State
     Government;
     (e)      post-harvest       storage
     infrastructure for agricultural
     produce including a cold storage
     for such purposes; or
     (f ) mechanised food grain handling
     system, machinery or equipment
     for units processing agricultural
     produce as food stuff excluding
     alcoholic beverages


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                                           Works Contract in GST


(vi)  Services provided to the Central              6% CGST +
      Government, State Government,                 6% SGST
      Union Territory, a local authority
      or a governmental authority by
      way of construction, erection,
      commissioning,                installation,
      completion, fitting out, repair,
      maintenance,             renovation,     or
      alteration of ­ (a) a civil structure
      or any other original works meant
      predominantly for use other than
      for commerce, industry, or any
      other business or profession; (b)
      a structure meant predominantly
      for use as (i) an educational, (ii)
      a clinical, or(iii) an art or cultural
      establishment; or (c) a residential
      complex predominantly meant
      for self-use or the use of their
      employees or other persons
      specified in paragraph 3 of the
      Schedule III of the Central Goods
      and Services Tax Act, 2017.
(vii) Construction services other than              9% CGST +
      (i), (ii), (iii), (iv), (v) & (vi) above      9% SGST

Valuation
Valuation of a works contract service is dependent upon
whether the contract includes transfer of property in land
as a part of the works contract.
In case of supply of service, 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

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GST FLYERS

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.
Explanation. ­ For the above purpose, "total amount" means
the sum total of,-
(a)    consideration charged for aforesaid service; and
(b)    amount charged for transfer of land or undivided
       share of land, as the case may be

Place of Supply in respect of Works Contract
Works Contract under GST would necessarily involve
immovable property. In view of the same the place of supply
would be governed by Section 12(3) of the IGST Act, 2017,
where both the supplier and recipient are located in India.
The place of supply would be where the immovable property
is located.
In case the immovable property is located outside India,
and the supplier as well as recipient both are located in
India, the place of supply would be the location of recipient
as per proviso to Section 12(3) of the IGST Act, 2017.
As per Section 13(4) of the IGST Act, 2017, in cases where
either the Supplier or the Recipient are located outside
India, the place of supply shall be the place where the
immovable property is located or intended to be located.

Conclusion

                            236
                                     Works Contract in GST

A works contract is treated as supply of services under GST.
Under the previous indirect taxes dispensation, there were
issues in tax treatment of works contract. Both the Central
Government (on the services component of a works
contract) & the State Governments (on the sale of goods
portion involved in the execution of a works contract) used
to levy tax. Thus the same contract was subject to taxation
by both Central and State Government. GST aims to put
at rest the controversy by defining what will constitute a
works contract (applicable for immovable property only),
by stating that a works contract will constitute a supply
of service and specifying a uniform rate of tax applicable
on same value across India. Thus, under GST, taxation of
works contract will be simpler and easier to administer.


                           ******




                            237
GST FLYERS




                    Chapter Twenty Nine



             Valuation in GST
Value of Supply
Every fiscal statue makes provision for determination of
value as tax is normally payable on ad-valorem basis. In
GST also, tax is payable on ad-valorem basis i.e. percentage
of value of the supply of goods or services. Section 15 of the
CGST Act and Rule 27 to Rule 35 of CGST Rules, 2017 (
Chapter IV - Determination of Value of Supply), contain-
provisions related to valuation of supply of goods or services
made in different circumstances and to different persons.

Transaction Value
Under GST law, taxable value is the transaction value i.e.
price actually paid or payable, provided the supplier & the
recipient are not related and price is the sole consideration.
In most of the cases of regular normal trade, invoice value
will be the taxable value. However, to determine value of
certain specific transactions, Determination of Value of
Supply rules have been prescribed in CGST Rules, 2017.

Compulsory Inclusions
Any taxes, fees, charges levied under any law other than


                             238
                                               Valuation in GST

GST law, expenses incurred by the recipient on behalf of
the supplier, incidental expenses like commission & packing
incurred by the supplier, interest or late fees or penalty for
delayed payment and direct subsidies (except government
subsidies) are required to be added to the price (if not
already added) to arrive at the taxable value.

Exclusion of discounts
Discounts like trade discount, quantity discount etc. are part
of the normal trade and commerce, therefore pre-supply
discounts i.e. discounts recorded in the invoice have been
allowed to be excluded while determining the taxable value.
Discounts provided after the supply can also be excluded
while determining the taxable value provided two conditions
are met, namely - (a) discount is established in terms of a pre
supply agreement between the supplier & the recipient and
such discount is linked to relevant invoices and (b) input tax
credit attributable to the discounts is reversed by the recipient.

Taxable value when consideration is not solely in money
In some cases, where consideration for a supply is not solely
in money, taxable value has to be determined as - prescribed
in the rules. In such cases following values have to be taken
sequentially to determine the taxable value: -

i.     Open Market Value of such supply.
ii.    Total money value of the supply i.e. monetary con-
       sideration plus money value of the non-monetary
       consideration.

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GST FLYERS

iii.   Value of supply of like kind and quality.
iv.    Value of supply based on cost i.e. cost of supply plus
       10% mark-up.
v.     Value of supply determined by using reasonable
       means consistent with principles & general provi-
       sions of GST law. (Best Judgement method)
Open Market Value means the full value in money
excluding taxes under GST laws, payable by a person to
obtain such supply at the time when supply being valued is
made, provided such supply is between unrelated persons
and price is the sole consideration for such supply.
Supply of like kind & quality means any other supply
made under similar circumstances that is same or closely
resembles in respect of characteristics, quality, quantity,
functionality, reputation to the supply being valued.

Illustration:
(1) Where a new phone is supplied for Rs. 20000/- along
    with the exchange of an old phone and if the price of
    the new phone without exchange is Rs.24000/-, the
    open market value of the new phone is Rs 24000/-.
(2) Where a laptop is supplied for Rs. 40000/- along with
    a barter of printer that is manufactured by the recipient
    and the value of the printer known at the time of supply
    is Rs. 4000/- but the open market value of the laptop
    is not known, the value of the supply of laptop is Rs.
    44000/-.


                            240
                                             Valuation in GST

Value of supply between distinct and related persons
(excluding Agents).
A person who is under influence of another person is
called a related person like members of the same family
or subsidiaries of a group company etc. Under GST law
various categories of related persons have been specified
and as relation may influence the price between two related
persons therefore special valuation rule has been framed to
arrive at the taxable value of transactions between related
persons. In such cases following values have to be taken
sequentially to determine the taxable value: -

i.     Open Market Value
ii.    Value of supply of like kind and quality.
iii.   Value of supply based on cost i.e. cost of supply plus
       10% mark-up.
iv.    Value of supply determined by using reasonable
       means consistent with principles & general provi-
       sions of GST law. (Best Judgement method)
However if the recipient is eligible for full input tax credit,
the invoice value will be deemed to be the open market
value. It has also been provided that where the goods being
supplied are intended for further supply as such by the
recipient, the value shall, at the option of the supplier, be
an amount equivalent to 90% of the price charged for the
supply of goods of like kind and quality by the recipient to
his unrelated customer.



                             241
GST FLYERS

Value of supply of goods made or received through an
agent

a) Open market value of goods being supplied, or, at the
   option of the supplier, 90% of the price charged for the
   supply of goods of like kind and quality by the recipient
   to his unrelated customer.
Illustration:
Where a principal supplies groundnut to his agent and the
agent is supplying groundnuts of like kind and quality in
subsequent supplies at a price of Rs. 5000/- per quintal
on the day of supply. Another independent supplier is
supplying groundnuts of like kind and quality to the said
agent at the price of Rs. 4550/- per quintal. The value of the
supply made by the principal shall be Rs. 4550/- per quintal
or where he exercises the option the value shall be 90% of
the Rs. 5000/- i.e. is Rs. 4500/- per quintal.

a) In case value cannot be determined under (a) then fol-
   lowing values have to be taken sequentially to deter-
   mine the taxable value: -
i.   Value of supply based on cost i.e. cost of supply plus
     10% mark-up.
i.   Value of supply determined by using reasonable means
     consistent with principles & general provisions of GST
     law. (Best Judgement method)
Value of supply of services in case of a Pure Agent
Subject to fulfilment of certain conditions, the expenditure


                             242
                                           Valuation in GST

and costs incurred by the supplier as a pure agent of the
recipient of supply of service has to be excluded from the
value of supply.

Illustration
Corporate services firm A is engaged to handle the legal
work pertaining to the incorporation of Company B. Other
than its service fees, A also recovers from B, registration
fee and approval fee for the name of the company paid
to Registrar of the Companies. The fees charged by the
Registrar of the companies registration and approval of the
name are compulsorily levied on B. A is merely acting as
a pure agent in the payment of those fees. Therefore, A's
recovery of such expenses is a disbursement and not part of
the value of supply made by A to B.

Determination of value in respect of few specific supplies
Methods to determine Taxable value of following five
specific supplies have also been prescribed under valuation
Rules. These can be used by the supplier if he so desires.

a) Purchase or sale of foreign currency including money
   changing
b) Booking of tickets for air travel by an air travel agent
c)   Life insurance business
d) Value of supply of Second hand goods
e) Value of redeemable vouchers/Stamps/Coupons/to-
   kens


                               243
GST FLYERS

The special provisions related to determination of these
supplies are as below: -

Special provision related to determination of value of
service of purchase or sale of foreign currency including
money changing
Option-1
Case 1: Transaction where one of the currencies exchanged
is Indian Rupees
Taxable value is difference between buying rate or selling
rate of currency and RBI reference rate for that currency
at the time of exchange multiplied by total units of foreign
currency. However if RBI reference rate for a currency is
not available then taxable value is 1% of the gross amount
of Indian Rupees provided/received by the person changing
the money.
Case 2: Transaction where neither of the currencies
exchanged is Indian Rupees
Taxable value will be 1% of the lesser of the two amounts
the person changing the money would have received by
converting (at RBI reference rate) any of the two currencies
in Indian Rupees.
Option-2
The person supplying the service may also exercise the
following option to ascertain the taxable value, however once
opted then he cannot withdraw the during the remaining
part of the financial year: -

                             244
                                            Valuation in GST

    ·    One percent of the gross amount of currency
         exchanged for an amount up to one lakh rupees,
         subject to minimum amount of two hundred and
         fifty rupees.
    ·    One thousand rupees and half of a percent of
         the gross amount of currency exchanged for an
         amount exceeding one lakh rupees and up to ten
         lakh rupees.
    ·    Five thousand rupees and one tenth of a percent
         of the gross amount of currency exchanged for an
         amount exceeding ten lakhs rupees subject to a
         maximum amount of sixty thousand rupees.

Special provision related to determination of value of
service of booking of tickets for air travel by an air travel
agent
Taxable value is 5% of basic fare in case of domestic travel
and 10% of basic fare in case of international travel. Basic
fare means that part of the air fare on which commission is
normally paid to the air travel agent by the airline.
The expression `basic fare' means that part of the air fare on
which commission is normally paid to the air travel agent
by the airlines.

Special provision related to determination of value of
service in relation to life insurance business
Taxable value varies with nature of insurance policy. The
details are as follows:-


                             245
GST FLYERS

    ·   Where policy has dual benefits of risk coverage
        and investment ­ Taxable value is gross premium
        charged less amount allocated for investments or
        savings if such allocation is intimated to the policy
        holder at the time of collection of premium.
    ·   Single premium annuity policy where allocation
        for investments and savings is not intimated to the
        policy holder ­ taxable value is ten percent of the
        single premium charged from the policy holder.
    ·   Other cases- Twenty five percent of premium
        charged from the policy holder in the first year and
        twelve and a half percent of premium charged for
        subsequent years.
However, where insurance policy has benefit of risk coverage
only, then taxable value is entire premium charged from the
policy holder.

Special provision related to determination of value of
second hand goods
The taxable value of supply of second hand goods i.e. used
goods as such or after such minor processing which does
not change the nature of goods shall be the difference
between the purchase price and the selling price, provided
no input tax credit has been availed on purchase of such
goods. However, if the selling price is less than purchase
price, that negative value will be ignored.
Persons who purchase second hand goods after payment
of tax to supplier of such goods will be governed by this


                            246
                                             Valuation in GST

valuation rule only when they do not avail input tax credit
on such input supply. If input tax credit is availed, then such
supply will be governed by normal GST valuation.

Value of supply of goods repossessed from a defaulting
borrower.
If the defaulting borrower is not a registered person, the
purchase value will be purchase price in the hands of such
borrower reduced by five percentage points for every quarter
or part thereof, between the date of purchase and date of
disposal by the person making such repossession.
However, if the defaulting borrower is registered, the
repossessing lender agency will discharge GST at the supply
value without any reduction from actual/notional purchase
value.

Special provisions related to determination of value of
redeemable vouchers/stamps/coupons/tokens
The value of a token, or a voucher, or a coupon, or a stamp
(other than postage stamp) which is redeemable against a
supply of goods or services or both shall be equal to the
money value of the goods or services or both redeemable
against such token, voucher, coupon, or stamp.

Value of taxable services provided by a notified class of
service providers as referred to in para 2 of schedule 1
between the distinct persons
The taxable value is deemed to be Nil wherever input tax
credit is available.

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GST FLYERS

Valuation of certain works contract services
(i) 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.
In case of supply of service mentioned above, 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.
"Total amount" means the sum total of,-
(a) consideration charged for aforesaid service; and
(b) amount charged for transfer of land or undivided share
    of land, as the case may be.

Valuation in the case of supply of lottery
Value of supply of lottery shall be 100/112 of the face
value or the price notified in the Official Gazette by the
organising State, whichever is higher, in case of lottery run
by State Government and 100/128 of the face value or the
price notified in the Official Gazette by the organising
State, whichever is higher, in case of lottery authorised by

                             248
                                            Valuation in GST

State Government.

Rate of exchange of currency, other than Indian rupees,
for determination of value
The rate of exchange for determination of value of taxable
goods or services or both shall be the applicable RBI
reference rate for that currency on the date of time of supply
as determined in terms of section 12 or section 13 of the
CGST Act.

Value of supply inclusive of integrated tax, central tax,
State tax, Union territory tax
Where the value of supply is inclusive of GST, the tax
amount shall be determined in the following manner,
Tax amount= (Value inclusive of taxes X GST tax rate in %
)/(100+ sum of GST tax rates in %)
For example -
If the value inclusive of tax is Rs. 100/- and applicable GST
tax rate is 18% then
Tax amount = (100x18)/ (100+18) = 1800/118=Rs. 15.25


                            ******




                             249
GST FLYERS




                       Chapter Thirty



      Margin Scheme in GST
Normally GST is charged on the transaction value of the
goods. However, in respect of second hand goods, a person
dealing is such goods may be allowed to pay tax on the
margin i.e. the difference between the value at which the
goods are supplied and the price at which the goods are
purchased. If there is no margin, no GST is charged for
such supply. The purpose of the scheme is to avoid double
taxation as the goods, having once borne the incidence of
tax, re-enter the supply and the economic supply chain.
Valuation of Second Hand Goods: As per Rule 32(5) of
the CGST Rules, 2017, where a taxable supply is provided
by a person dealing in buying and selling of second hand
goods i.e., used goods as such or after such minor processing
which does not change the nature of the goods and where
no input tax credit has been availed on the purchase of such
goods, the value of supply shall be the difference between
the selling price and the purchase price and where the value
of such supply is negative, it shall be ignored.
The proviso to the above rule further provides that in
case of the purchase value of goods repossessed from an
unregistered defaulting borrower, for the purpose of recovery
of a loan or debt shall be deemed to be the purchase price


                             250
                                        Margin Scheme in GST

of such goods by the defaulting borrower reduced by five
percentage points for every quarter or part thereof, between
the date of purchase and the date of disposal by the person
making such repossession.
In this regard, Notification No.10/2017-Central Tax (Rate)
New Delhi, dated 28th June, 2017 exempts intra-State
supplies of second hand goods received by a registered
person, dealing in buying and selling of second hand goods
and who pays the central tax on the value of outward supply
of such second hand goods as determined under sub-rule (5)
of rule 32 of the CGST Rules, 2017, from any unregistered
supplier, from the whole of the central tax levied under
the CGST Act, 2017. Similar exemptions are also there in
respective SGST Acts.
Illustration: For instance, a company say M/s First Source
Ltd, which deals in buying and selling of second hand cars,
purchases a second hand Maruti Celerio Car of March,
2014 make (Original price Rs. 5 lakh) for Rs. 3 lakhs from
an unregistered person and sells the same after minor
furbishing in July, 2017 for Rs. 3,50,000/-. The supply of
the car to the company for Rs. 3 lakh shall be exempted
and the supply of the same by the company to its customer
for Rs. 3.5 lakh shall be taxed and GST shall be levied.
The value for GST purpose shall be Rs. 50000/-, i.e. the
difference between the selling and the purchase price of the
company.
In case any other value is added by way of repair, refurbishing,
reconditioning etc., the same shall also be added to the value
of goods and be part of the margin.


                              251
GST FLYERS

If margin scheme is opted for a transaction of second hand
goods, the person selling the car to the company shall not
issue any taxable invoice and the company purchasing the
car shall not claim any ITC.


                          ******




                           252
                     Chapter Thirty One



    Provisional Assessment in
              GST
Introduction:
A supplier will come to know the extent of his tax
liability which has to be discharged on a continuous and
regular basis only after assessment. Assessment means
determination of tax liability and includes self-assessment,
re-assessment, provisional assessment, summary assessment
and best judgment assessment. The major determinants of
the tax liability are generally the applicable tax rate and the
value. There might be situations when these determinants
might not be readily ascertainable and may be subject to the
outcome of a process that requires deliberation and time.
Hence like under the previous laws, when due to various
circumstances it might not be always possible, at that point
of time, to carry out an assessment and determine the exact
duty liability, the GST law also provides for provisional
assessment.
The Asst. Commissioner/Dy. Commissioner of Central Tax
provisionally determines the amount of tax payable by the
supplier and is subject to final determination. On provisional
assessment, the supplier can pay tax on provisional basis but

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GST FLYERS

only after he executes a bond with security, binding them
for payment of the difference between the amounts of tax as
may be finally assessed and the amount of tax provisionally
assessed. On finalization of the provisional assessment, any
amount that has been paid on the basis of such assessment
is to be adjusted against the amount that has been finally
determined as payable. In case of short payment, the same
has to be paid with interest and in case of excess payment,
the same will be refunded with interest.

Procedure:
In case a supplier is unable to determine the value of goods
or services or both or to determine the rate of tax applicable
thereto, he can request the Asst. Commissioner/Dy.
Commissioner of Central Tax in writing, giving reasons for
payment of tax on provisional basis. The supplier requesting
for payment of tax on a provisional basis has to furnish an
application along with the documents in support of his
request, electronically in FORM GST ASMT-01 on the
common portal, either directly or through a Facilitation
Centre notified by the Commissioner.
The Asst. Commissioner/Dy. Commissioner of Central Tax
will scrutinize the application in FORM GST ASMT-01.
In case, additional information or documents in support
is required by the Asst. Commissioner/Dy. Commissioner
of Central Tax to decide the case, notice in FORM GST
ASMT-02 will be issued to the supplier requesting for
submission of the same.
The supplier has to file a reply to the notice in FORM GST


                             254
                               Provisional Assessment in GST

ASMT ­ 03, and if he desires can also appear in person
before the Asst. Commissioner/Dy. Commissioner of
Central Tax to explain his case.
The Asst. Commissioner/Dy. Commissioner of Central Tax
will then issue an order in FORM GST ASMT-04 within
a period not later than ninety days from the date of receipt
of the request, allowing the payment of tax on a provisional
basis.The order will indicate the value or the rate or both
on the basis of which the assessment is to be allowed on a
provisional basisand the amount (this amount shall include
the amount of integrated tax, central tax, State tax or Union
territory tax and cess payable in respect of the transaction)
for which the bond is tobe executed along with the security
to be furnished. The security will not exceedtwenty-five per
centof the amountcovered under the bond.
The supplier has to execute the bond in FORM GST
ASMT-05 along with a security in the form of a bank
guarantee for an amount as mentionedin FORM GST
ASMT-04.A bond furnished to the proper officer under the
State Goods and Services Tax Act or Integrated Goods and
Services Tax Act shall be deemed to be a bond furnished
under Central Goods and Services Tax Act.
On executing the bond the process of the provisional
assessment is complete and the supplier can supply the
goods or services or both and pay the tax at the rate or on
the value that has been indicated in the order in FORM
GST ASMT-04.

Finalization of provisional assessment:


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GST FLYERS

The provisional assessment will be finalized, within a
period not exceeding six months from the date of issuance
of FORM GST ASMT-04.The Asst. Commissioner/Dy.
Commissioner of Central Tax will issue a notice in FORM
GST ASMT-06, calling for information and records
required for finalization of assessment and shall issue a
final assessment order, specifying the amount payable by
the registered person or the amount refundable, if any, in
FORM GST ASMT-07.
On sufficient cause beingshown and for reasons to be
recorded in writing, the time limit for finalization of
provisional assessment can be, extended by the Joint
Commissioner orAdditional Commissioner for a further
period not exceeding six months and by theCommissioner
for such further period not exceeding four years.

Interest liability:
In case any tax amount becomes payable subsequent to
finalization of the provisional assessment, then interest at
the specified rate will also be payable by the supplier from
the first day after the due date of payment of the tax till the
date of actual payment, whether such amount is paid before
or after the issuance of order for final assessment.
In case any tax amount becomes refundable subsequent
to finalization of the provisional assessment, then interest
(subject to the eligibility of refund and absence of unjust
enrichment) at the specified rate will be payable to the
supplier.



                             256
                                 Provisional Assessment in GST

Release of Security consequent to Finalization:
Once the order in FORM GST ASMT-07 is issued, the
supplier has to file an application in FORM GST ASMT-
08 for the release of the security furnished. On receipt of this
application the Asst. Commissioner/Dy. Commissioner of
Central Taxwill issue an order in FORM GST ASMT­09
within a period of seven working days from the date of the
receipt of the application,releasing the security after the
amount payable if any as specified in FORM GST ASMT-
07 has been paid.

Conclusion:
Provisional assessment provides a method for determining
the tax liability in case the correct tax liability cannot
be determined at the time of supply. The payment of
provisional tax is allowed only against a bond and security.
The provisional assessment has to be finalized within six
months unless extended. On finalization, the tax liability
can either be more or less as compared to the provisionally
paid tax.In case of increase in the tax liability, the difference
is payable along with interest and in case of decrease in the
tax liability the amount will be refunded with interest.


                             ******




                              257
GST FLYERS




                    Chapter Thirty Two



              Returns in GST
The basic features of the return mechanism in GST
includes electronic filing of returns, uploading of invoice
level information, auto-population of information relating
to input tax credit from returns of supplier to that of
recipient, invoice level information matching and auto-
reversal of input tax credit in case of mismatch. The returns
mechanism is designed to assist the taxpayer to file returns
and avail ITC.
Under GST, a regular taxpayer needs to furnish monthly
returns and one annual return. There are separate returns
for a taxpayer registered under the composition scheme,
non-resident taxpayer, taxpayer registered as an Input
Service Distributor, a person liable to deduct or collect the
tax (TDS/TCS), a person granted Unique Identification
Number. It is important to note that a taxpayer is NOT
required to file all the types of returns. In fact, taxpayers
are required to file returns depending on the activities they
undertake. The GST Council has however recommended
to ease the compliance requirements for small tax payers
by allowing taxpayers with annual aggregate turnover
up to Rs. 1.5 Crore to file details of outward supplies in
FORM GSTR-1 on a quarterly basis and on monthly basis
by taxpayers with annual aggregate turnover greater than

                             258
                                                Returns in GST

Rs. 1.5 Crore. Further, GST Council has recommended to
postpone the date of filing of Forms GSTR-2 and GSTR-3
for all normal tax payers, irrespective of turnover, till further
announcements are made in this regard.
All the returns are to be filed online. Returns can be filed
using any of the following methods:
1.     GSTN portal (www.gst.gov.in )
2.     Offline utilities provided by GSTN
3.    GST Suvidha Providers (GSPs). If a tax payer is
      already using the services of an ERP providers such
      as Tally, SAP, Oracle etc, there is a high likelihood
      that these ERP providers would provide inbuilt
      solutions in the existing ERP systems.
Following table lists the various types of returns under GST
Law.

Return       Description              Standard
                              Who Files?
                                      Date for fil-
                                      ing
G S T R - Statement of Normal Reg- 10th of the
1*        Outward sup- istered Person next month
          plies of Goods
          or Services
G S T R - Statement of Normal Reg- 15th of the
2*        Inward sup- istered person next month
          plies of Goods
          or services



                              259
GST FLYERS


G S T R - Return for a    Normal Reg- 20th of the
3*        normal tax-     istered Person next month
          payer
GSTR- S i m p l e         Normal Reg- 20th of the
3B        Monthly         istered Person next month
          Return    for
          the    period
          Jul 2017 to
          March 2018
GSTR-4 Quarterly Re-Taxable Per-       18th of the
          turn      son opting for     month suc-
                    Composition        ceeding the
                    Levy               quarter
GSTR-5 Monthly re- Non-resident        20th of the
       turn for a taxpayer             month suc-
       non-resident                    ceeding tax
       taxpayer                        period       &
                                       within 7 days
                                       after expiry of
                                       registration




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                                         Returns in GST


G S T R - Monthly re-       Supplier of 20th of the
5A        turn for a per-   OIDAR Ser- next month
          son supply-       vices
          ing OIDAR
          services from
          a place out-
          side India to
          a non-taxable
          online recipi-
          ent
GSTR-6 Monthly re-          Input Service 13th of the
          turn for an       Distributor   next month
          Input Service
          Distributor
          (ISD)
GSTR-7 Monthly re-          Tax Deductor 10th of the
          turn for au-                   next month
          thorities de-
          ducting tax at
          source
GSTR-8 M o n t h l y        E-Commerce 10th of the
          statement for     Operator   next month
          E-Commerce
          Operator de-
          picting sup-
          plies effecting
          through it.




                            261
GST FLYERS


GSTR-9 Annual           Re- R e g i s t e r e d   31st Decem-
       turn                   Person other        ber of next
                              than an ISD,        Financial Year
                              TDS/TCS
                              Taxpayer, ca-
                              sual taxable
                              person      and
                              Non-resident
                              taxpayer.
G S T R - S i m p l i f i e d Taxable Per-        31st Decem-
9A        Annual Re- son opting for               ber of next
          turn      under Composition             Financial Year
          Composition Levy
          Scheme
G S T R - Final Return Taxable per-               Within three
10                            son      whose      months of the
                              registration        date of can-
                              has been sur-       cellation or
                              rendered or         date of order
                              cancelled.          of cancella-
                                                  tion, which-
                                                  ever is later.




                              262
                                             Returns in GST


G S T R - Details of in-     Persons who 28th of the
11        ward supplies      have     been next month
          to be fur-         issued      a
          nished by a        Unique Iden-
          person having      tity   Num-
          UIN                ber(UIN)


* Registered persons having aggregate turnover of up to
1.5 Crore rupees in the preceding financial year or the
current financial year shall furnish GSTR-1on a quarterly
basis. Other Registered persons having aggregate turnover
of more than 1.5 Crore rupees shall furnish these returns
on a monthly basis. Filing of GSTR-2 and GSTR-3 has
been postponed till a further announcement in this regard
is made.

Calendar for Return filing
The due dates for filing various GST returns may vary from
the Standard dates mentioned in the table above. Various
notifications are issued from time to time in this regard and
as per the notifications issued till 29/12/2017.

Return    Category      of     Time Period Due Date
          Taxpayer
G S T R - All taxpayers to     Every month 20th of the
3B        file along with      till  March succeeding
          payment of tax       2018        month



                             263
GST FLYERS


             Taxpayers with     J u l y - S e p 10th   Jan
             annual aggre-      2017            2018
             gate turnover
                                O c t - D e c 15th     Feb
             up to Rs 1.5
                                2017          2018
             Crore to file on
             Quarterly basis    J a n - M a r 30th April
                                2018          2018
             Taxpayers with J u l y - O c t 10th  Jan
             annual aggre-  2017            2018
             gate turnover  Nov 2017        10th  Jan
             of more than                   2018
GSTR-1       Rs 1.5 Crore toDec 2017        10th  Feb
             file on Monthly                2018
             basis          Jan 2018        10th  Mar
                                            2018
                            Feb 2018        10th April
                                            2018
                            Mar 2018        10th May
                                            2018
GSTR-4       Taxpayers who Jul-Sep 2017 24th      Dec
             have opted for                 2017
             Composition
             scheme to file
             every quarter




                            264
                                             Returns in GST


GSTR-5       Non Resident Jul-Dec 2017 31st Jan 2018
             Taxable Per-
             son to file every
             month



G S T R - Taxpayers sup- Jul-Dec 2017 31st Jan 2018
5A        plying OIDAR
          services from
          a place out-
          side India to
          a non-taxable
          online recipient
GSTR-6 Input Service Jul 2017         31st      Dec
          Distributor                 2017
Note: Due dates have not been notified for GSTR-2 and
GSTR-3 for any of the months. That is, a taxpayer need not
file GSTR-2 and GSTR-3 for any of the months from July
2017 until a notification is issued in this regard mentioning
the due dates. Till such time, Form GSTR-3B is required
to be filed by tax payers instead of Form GSTR-3.

Revision of Returns:
The mechanism of filing of revised returns for any
correction of errors/omissions has been done away with.
The rectification of errors/omissions is allowed in the
return for subsequent month(s). However, no rectification
is allowed after furnishing of the return for the month of

                             265
GST FLYERS

September following the end of the financial year to which
such details pertain, or furnishing of the relevant annual
return, whichever is earlier.

Interest on Late GST Payment
An interest of 18 percent is levied on the late payment of
taxes under the GST regime. The interest would be levied
for the days for which tax was not paid after the due date.

Penalty for non-filing of GST Returns
In case a taxpayer does not file his/her return within the
due dates, he/she shall have to pay a late fee of Rs. 200/- i.e.
Rs.100/- for CGST and Rs.100/- for SGST per day (up to
a maximum of Rs. 5,000/-) from the due date to the date
when the returns are actually filed.

Note: In case of GSTR-3B,
    ·    For the months July to September, 2017, the late
         fee payable for failure to furnish the return has
         been waived completely.
    ·    From the month of October 2017 onwards, the
         GST Council has recommended that the amount
         of late fee payable by a taxpayer whose tax liability
         for that month is `NIL' is Rs. 20/- per day (Rs.
         10/- per day each under CGST & SGST Acts).
         However, if the tax liability for that month is not
         `NIL', the amount of late fee is Rs 50/- per day (Rs.
         25/- per day each under CGST & SGST Acts)


                              266
                                             Returns in GST

An overview of GSTR-1, GSTR-2 and GSTR-3
The population of these returns is explained by the following
graphic:




NOTE:

1.     Taxpayer's GSTR2 is auto-populated from the
       Suppliers' GSTR-1s
2.     Taxpayer's GSTR3 is significantly auto-populated
       from his/her's GSTR1 and GSTR2
ReturnFilingMilestones:

ITC Matching and Auto-Reversal:
1.     It is a mechanism to prevent revenue leakage and to
       facilitate availment of eligible and rightful ITC by
       taxpayers .


                             267
GST FLYERS

2.   The process of ITC Matching begins after the due
     date for filing of the return (20th). This is carried out
     by GSTN.
3.   The details of every inward supply furnished by the
     taxable person (i.e. the "recipient" of goods and/or
     services) in form GSTR-2 shall be matched with the
     corresponding details of outward supply furnished by
     the corresponding taxable person (i.e. the "supplier"
     of goods and / or services) in his valid return. A return
     may be considered to be a valid return only when the
     appropriate GST has been paid in full by the taxable
     person as shown in such return for a given tax period.
4.   In case the details match, then the ITC claimed by
     the recipient in his valid returns shall be considered
     as finally accepted and such acceptance shall be
     communicated to the recipient. Failure to file valid
     return by the supplier may lead to denial of ITC in
     the hands of the recipient.
5.   In case the ITC claimed by the recipient is in
     excess of the tax declared by the supplier or where
     the details of outward supply are not declared by
     the supplier in his valid returns, the discrepancy
     shall be communicated to both the supplier and the
     recipient. Similarly, in case, there is duplication of
     claim of ITC, the same shall be communicated to
     the recipient.
6.   The recipient will be asked to rectify the discrepancy
     of excess claim of ITC and in case the Supplier has
     not rectified the discrepancy communicated in his
     valid returns for the month in which discrepancy is

                            268
                                             Returns in GST

      communicated then such excess ITC as claimed by
      the recipient shall be added to the output tax liability
      of the recipient in the succeeding month.
7.    Similarly, duplication of ITC claimed by the
      recipient shall be added to the output tax liability of
      the recipient in the month in which such duplication
      is communicated.
8.    The recipient shall be liable to pay interest on the
      excess or duplicate ITC added back to the output
      tax liability of the recipient from the date of availing
      of ITC till the corresponding additions are made in
      their returns.
9.    Re-claim of ITC refers to taking back the ITC
      reversed in the Electronic Credit Ledger of the
      recipient by way of reducing the output tax liability.
      Such re-claim can be made by the recipient only
      in case the supplier declares the details of invoice
      and/or Debit Notes in his valid return within the
      prescribed timeframe. In such case, the interest paid
      by the recipient shall be refunded to him by way of
      crediting the amount to his Electronic Cash Ledger.

Note: It may be noted that the return process is being
examined by a Committee of officers and has not been
finalised so far.

                           ******




                            269
GST FLYERS




                     Chapter Thirty Three



    Statement of Outward
  Supplies (GSTR-1) in GST
Introduction:
FORM GSTR-1 is a statement of the details of outward
supplies (i.e. sales of goods or provision of services) of goods
or services or both. The details filed in table of this statement
are to be communicated to the respective recipients of the
said supplies. The details of outward supplies shall include
details of invoices, debit notes, credit notes, advances
received, advances adjusted and revised invoices issued in
relation to outward supplies made during any tax period.

Persons liable to file:
GSTR- 1 has to be filed electronically by every registered
person other than Suppliers of online information and
database access or retrieval (OIDAR) services or an Input
Service Distributor or a non-resident taxable person or a
person paying tax under composition levy or persons liable
to collect TCS or persons liable to deduct TDS. Casual
taxable person also has to file GSTR-1.
This return can be filed by the taxpayer directly through the


                              270
             Statement of Outward Supplies (GSTR-1) in GST

common portal www.gst.gov.in ; or through a Facilitation
Centre notified by the Commissioner.

Timelines for filing:
The GSTR-1 return is meant to be filed for every tax
period whether or not any supplies of goods or services or
both have been made during such tax period. However, as a
measure of easing the compliance requirement for small tax
payers, GSTR-1 has been allowed to be filed quarterly by
small tax payers with aggregate annual turnover up to Rs.
1.5 crore (as per Notification No. 71/2017 ­ Central Tax).
Tax payers with annual aggregate turnover above Rs. 1.5
crore will however continue to file the return GSTR- 1 on
a monthly basis. The return has to be filed on or before the
tenth day of the following month. The Commissioner may,
for reasons to be recorded in writing, by notification, extend
this time limit for furnishing the returns for a specified class
of registered persons. These dates have been extended for
the financial year 2017-18 as per Notification No. 71/2017
­ Central Tax and 72/2017 ­ Central Tax dated 29/12/2017.

Rectification process:
GSTR 1 once filed cannot be revised. Any mistake made in
the return can be revised in the next month's return.

Information to be provided:
The details of outward supplies of goods or services or both
furnished in FORM GSTR-1 shall include the ­
(a) invoice wise details of all -

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    (i) inter-State and intra-State supplies made to the
         registered persons; and
    (ii) inter-State supplies with invoice value more than
         two and a half lakh rupees made to the unregistered
         persons;
(b) consolidated details of all -
    (i) intra-State supplies made to unregistered persons
        for each rate of tax; and
    (ii) State wise inter-State supplies with invoice value up
         to two and a half lakh rupees made to unregistered
         persons for each rate of tax;
(c) debit and credit notes, if any, issued during the month
    for invoices issued previously.
The details of outward supplies furnished by the supplier
in GSTR 1 shall be made available electronically to the
concerned registered persons (recipients) in Part A of
FORM GSTR-2A, in FORM GSTR-4A and in FORM
GSTR-6A through the common portal after the due date
of filing of FORM GSTR-1.

About the return
GSTR-1 has a total of 13 Tables. Tables 1 and 2 pertain to
GSTIN and Legal name/Trade name
Table 3:Aggregate turnover of the taxpayer for the immediate
preceding financial year
and first quarter of the current financial year has to be reported

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             Statement of Outward Supplies (GSTR-1) in GST

in the preliminary information in Table 3. This information
would be required to be submitted by the taxpayers only in
the first year. Quarterly turnover information shall not be
captured in subsequent returns. Aggregate turnover shall be
auto-populated in subsequent years.
Table 4: Taxable outward supplies made to registered persons
(including UIN-holders) other than supplies covered by Table 6.
In this Table the Invoice-level information pertaining to B
(Business) to B (Business) supplies for the tax period has to
be filled. In this table the specific details like the GSTIN/
UIN (of the recipient), Invoice No & date, invoice value,
rate of tax, taxable value, the amount of Central tax, State
tax / Union territory tax, Integrated tax and Cess, the place
of Supply has to be entered by the taxpayer. Place of Supply
(PoS) has to be entered only if the same is different from
the location of the recipient.
Sub Table 4A is meant for invoice details of all supplies (rate
wise) other than reverse charge/ made through e-commerce
operator.
Sub Table 4B is meant for invoice details of registered
supplies (rate wise) attracting reverse charge under sub-
section (3) of section 9. Any supply made by SEZ to DTA,
is required to be reported by SEZ unit in this table.
Sub Table 4C is meant for invoice details of supplies
(operator wise and rate-wise) effected through e-commerce
operator attracting collection of tax at source under section
52 of the CGST Act, 2017.
Table 5:Taxable outward inter-State supplies to un-registered


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GST FLYERS

persons where the invoice value is more than Rs 2.5 lakh- In this
Table the Invoice-level information pertaining B (Business)
to C (Consumers) supplies where the invoice value is more
than Rs 2.5 lakh in the tax period has to be filled. In this
table the specific details like the Invoice No & date, invoice
value, rate of tax, taxable value, the amount of Integrated
tax and Cess, the place of Supply has to be entered by the
taxpayer. The Place of Supply (PoS) column is mandatory in
this table as it captures inter-state supplies.
Sub Table 5A is meant for invoice details of all supplies
(rate wise) other than those made through e-commerce
operator, rate-wise
 Sub Table 5B is meant for invoice details of supplies
(operator wise and rate-wise) effected through e-commerce
operator attracting collection of tax at source under section
52 of the CGST Act, 2017.
Table 6: Zero rated supplies and Deemed Exports:
In this Table the Invoice-level information pertaining to
the following has to be entered:
Sub Table 6A Exports out of India
Sub Table 6B Supplies to SEZ unit/ and SEZ developer
Sub Table 6C Deemed Exports
In this table the specific details like the GSTIN (of the
recipient) Invoice No & date, invoice value, Shipping bill/
Bill of export number and date, rate of tax, taxable value and
the amount of Integrated tax.


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             Statement of Outward Supplies (GSTR-1) in GST

This Table needs to capture information about shipping
bill and its date. However, if the shipping bill details are
not available, Table 6 will still accept the information. The
same can be updated through submission of information in
relation to amendment Table 9 in the tax period in which
the details are available but before claiming any refund /
rebate related to the said invoice. The detail of Shipping
Bill shall be furnished in 13 digits capturing port code (six
digits) followed by number of shipping bill.
Since in case of export transactions, GSTIN of recipient
will not be there, it will remain blank. Zero-rated supplies
effected without payment of Integrated tax (under Bond/
Letter of Undertaking (LUT)) needs to be reported under
"0" tax amount heading in Table 6A and 6B.
Table 7: Taxable supplies (Net of debit notes and credit notes)
to unregistered persons other than the supplies covered in Table
5: In this Table the information pertaining B (Business)
to C (Consumers) supplies (for both inter-State or intra-
State) where the invoice value is up to Rs 2.5 lakh for the
tax period has to be entered by the tax payer. In this table the
consolidated details like the total taxable value, the amount
of Central tax, State tax / Union territory tax, Integrated tax
and Cess has to be filled. There is no need for details like the
Invoice No & date, invoice value, rate of tax, taxable value.
Negative value can be mentioned in this table, if required.
The following details has to be provided against the sub
table number mentioned.
7A. Intra-State supplies
7A (1). Consolidated rate wise outward supplies [including

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GST FLYERS

supplies made through e-commerce operator attracting TCS].
Here gross intra-State supplies, rate-wise, includingsupplies
made through e-commerce operator attracting collection of
tax atsource
7A (2). Out of supplies mentioned at 7A (1), value of supplies
made through e-Commerce Operators attracting TCS (operator
wise, rate wise).Here details of supplies (operator wise,
rate wise) made through e-commerce operator attracting
collection of tax at source out of gross supplies reported in
Table 7A (1) has to be entered. The GSTIN of e-commerce
operator will also have to be entered.
7B. Inter-State Supplies where invoice value is up to Rs 2.5
Lakh. The information has to be captured state wise and
rate wise.
7B (1). Place of Supply (Name of State)- Here details of
supplies (rate wise) of the gross inter-State supplies
including supplies made through e-commerce operator
attracting collection of tax at source has to entered.
7B (2). Out of the supplies mentioned in 7B (1), the supplies
made through e-Commerce Operators (operator wise, rate wise).
- Here details of supplies (operator wise, rate wise) made
through e-commerce operator attracting collection of tax at
source out of gross supplies reported in Table 7B (1) has to
be entered. The GSTIN of e-commerce operator will also
have to be entered.
Table 8;Nil rated, exempted and non GST outward Supplies-
Here the value of Nil Rated



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            Statement of Outward Supplies (GSTR-1) in GST

Supplies, exempted (Other than Nil rated/non-GST
supply) and Non-GST supplies have to be declared. The
details are required for the following kind of supplies.
8A. Inter-State supplies to registered persons
8B. Intra- State supplies to registered persons
8C. Inter-State supplies to unregistered persons
8D. Intra-State supplies to unregistered persons
Table 9.Amendments to taxable outward supply details
furnished in returns for earlier tax periods in Table 4, 5 and
6 [including debit notes, credit notes, refund vouchers issued
during current period and amendments thereof ]
This table is meant for entering the amendments of B to
B supplies (reported in Table 4), B to C Large supplies
(reported in Table 5) and Supplies involving exports / SEZ
unit or SEZ developer / deemed exports (reported in Table
6)
    ·    The information is to be entered rate-wise;
    ·    The original information of debit / credit note
         issued and amendment to it reported in earlier tax
         periods; While furnishing information the original
         debit note / credit note, the details of invoice shall
         be mentioned in the first three columns, while
         furnishing revision of a debit note/credit note, the
         details of original debit note/credit note shall be
         mentioned in the first three columns of this Table;
    ·    Place of Supply (PoS) only if it is different from

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GST FLYERS

         the location of the recipient;
    ·    Any debit/ credit note pertaining to invoices issued
         before 1st July, 2017 under the existing law also to
         be reported in this table; and
    ·    Shipping bill to be provided only in case of exports
         transactions amendment.
Table 10:Amendments to taxable outward supplies to
unregistered persons furnished in
Returns for earlier tax periods in Table 7
This details required in this Table is similar to Table 9
and pertains to information related to B to C supplies as
reported in Table 7 in the earlier returns.
Table 11: Consolidated Statement of Advances Received or
adjusted in the current tax period, plus amendments from earlier
tax periods.
Part I of Table 11
Table 11A captures information related to advances
received in the current tax period, rate-wise, for both inter-
state and intra-state supplies and for which invoice has not
been issued. The information regarding the tax amount to
be paid on account of the advances being added to the tax
liability has to be also entered. The Place of Supply has
to be mentioned. The details of information relating to
advances would be submitted only if the invoice has not
been issued in the same tax period in which the advance was
received. It may however be noted that vide Notification no.


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            Statement of Outward Supplies (GSTR-1) in GST

66/2017-Central Tax dated 15.11.2017, tax is not required
to be paid on advances received in relation to supply of
goods only (tax would be payable on advances received in
respect of services).
Table 11B is for the advance amount received in earlier tax
period but the invoices have been received in the current
tax period and adjusted against the supplies being shown in
this tax period in Table Nos. 4, 5, 6 and 7. The information
is to be separately shown for both interstate and intra state
supplies. The information regarding the tax amount to be
paid on account of the advances being added to the tax
liability has to be also entered. The Place of Supply has to
be mentioned.
Part II of Table 11
Amendment of information furnished in Table No. 11[1]
in GSTR-1 statement for earlier tax periods can be done
here by furnishing revised information
Table 12: HSN-wise summary of outward supplies
Summary of supplies effected against a particular HSN
code to be reported only in summary table. Mentioning of
HSN will be optional for taxpayers having annual turnover
up to Rs. 1.50 Cr but they need to provide information
about description of goods. It will be mandatory to report
HSN code at two digits' level for taxpayers having annual
turnover in the preceding year above Rs. 1.50 Cr but up
to Rs. 5.00 Cr and at four digits' level for taxpayers having
annual turnover above Rs. 5.00 Cr



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GST FLYERS

Table 13: Documents issued during the tax period
Details of the documents like invoices, Debit note, Credit
Note, Receipt Voucher, Payment Voucher, Refund Voucher
and Deliver Challan issued and/or cancelled during the
Tax period has to be entered here. The number of invoices
reported in table 4, 5 and 6 should be matched with the
information provided in table 13.

GSTR 1A
The details of inward supplies added, corrected or deleted
by the recipient in his FORM GSTR-2 under section 38
or FORM GSTR-4 or FORM GSTR-6 under section
39 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.

                           ******




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                   Chapter Thirty Four



         Refunds under GST
INTRODUCTION
Timely refund mechanism is essential in tax administration,
as it facilitates trade through release of blocked funds for
working capital, expansion and modernization of existing
business.
The provisions pertaining to refund contained in the GST
law aim to streamline and standardise the refund procedures
under GST regime. Thus, under the GST regime there will
be a standardised form for making any claim for refunds.
The claim and sanctioning procedure will be completely
online and time bound which is a marked departure from
the existing time consuming and cumbersome procedure.
It has been decided, however, that since the online refund
module is not available immediately, the refund process
would be handled manually and Circular No. 17/17/2017-
GST dated 15.11.2017 and Circular no. 24/24/2017-GST
dated 21.12.2017 prescribing the detailed procedure have
been issued.
SITUATIONS LEADING TO REFUND CLAIMS
The relevant date provision embodied in Section 54 of the


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GST FLYERS

CGST Act, 2017, provision contained in Section 77 of
the CGST Act, 2017 and the requirement of submission
of relevant documents as listed in Rule 89(2) of CGST
Rules, 2017 is an indicator of the various situations that
may necessitate a refund claim. A claim for refund may
arise on account of-
1.    Export of Goods or services
2.    Supplies to SEZs units and developers
3.    Deemed Export supplies
4.    Refund of taxes on purchase made by UN or
      embassies etc
5.    Refund arising on account of judgment, decree, order
      or direction of the Appellate Authority, Appellate
      Tribunal or any court
6.    Refund of accumulated Input Tax Credit on account
      of inverted duty structure
7.    Finalisation of provisional assessment
8.    Refund of pre-deposit
9.    Excess payment due to mistake
10.   Refunds to International tourists of GST paid on
      goods in India and carried abroad at the time of their
      departure from India
11.   Refund on account of issuance of refund vouchers
      for taxes paid on advances against which goods or
      services have not been supplied
12.    Refund of CGST & SGST paid by treating the


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       supply as intra-State supply which is subsequently
       held as inter-State supply and vice versa.
Thus practically every situation is covered. The GST law
requires that every claim for refund is to be filed within 2
years from the relevant date.

CREDIT NOTES
Further, Section 34 of the CGST Act, 2017 provides for
issuance of credit notes for post supply discounts or if goods
are returned back within a stipulated time. When such
credit notes are issued, obviously it would call for reduction
in output liability of the supplier. Hence, the taxes paid
initially on the supply would be higher than what is actually
payable. In such a scenario the excess tax paid by the supplier
needs to be refunded. However, instead of refunding
it outright, it is sought to be adjusted after verifying the
corresponding reduction in the input tax credit availed by
the recipient. Section 43 of the CGST Act, 2017 provides
for procedure for reduction in output liability on account of
issuance of such credit notes. This is another form of refund
by adjustments in the output tax liability. Such refund is not
governed under the general refund provisions contained in
Section 54 of the CGST Act, 2017.

TREATMENT FOR ZERO RATED SUPPLIES
One of the major categories under which claim for refund
may arise would be, on account of exports. All exports
(whether of goods or services) as well as supplies to SEZs
have been categorised as Zero Rated Supplies in the IGST


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GST FLYERS

Act, 2017. "Zero rated supply" under Section 16 of the
IGST Act, 2017 means any of the following supplies of
goods or services or both, namely:
(a) export of goods or services or both; or
(b) supply of goods or services or both to a Special Economic
    Zone developer or a Special Economic Zone unit.
On account of zero rating of supplies, the supplier will be
entitled to claim input tax credit in respect of goods or
services or both used for such supplies even though they
might be non-taxable or even exempt supplies. Every
person making claim of refund on account of zero rated
supplies has two options. Either he can export under Bond/
LUT and claim refund of accumulated Input Tax Credit
or he may export on payment of integrated tax and claim
refund thereof as per the provisions of Section 54 of CGST
Act, 2017. Thus, the GST law allows the flexibility to the
exporter (which will include the supplier making supplies to
SEZ) to claim refund upfront as integrated tax (by making
supplies on payment of tax using ITC) or export without
payment of tax by executing a Bond/LUT and claim refund
of related ITC of taxes paid on inputs and input services
used in making zero rated supplies.

GRANT OF PROVISIONAL REFUND IN CASE
OF ZERO RATED SUPPLIES
GST law also provides for grant of provisional refund of
90% of the total refund claim, in case the claim relates
for refund arising on account of zero rated supplies. The
provisional refund would be paid within 7 days after giving

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                                         Refunds under GST

the acknowledgement. The acknowledgement of refund
application is normally issued within a period of 15 days.
The provisional refund would not be granted to such supplier
who was, during any period of five years immediately
preceding the refund period, was prosecuted.

PAYMENT OF WRONG TAX
Under GST it might happen that the taxable person may
pay integrated tax instead of central tax plus state tax and
vice versa because of incorrect application of the place
of supply provisions. In such cases, while making the
appropriate payment of tax, interest will not be charged
and the refund claim of the wrong tax paid earlier will be
entertained without subjecting it to the provision of unjust
enrichment.

CLAIM BY A PERSON WHO HAS BORNE THE
INCIDENCE OF TAX
Any tax collected by the taxable person more than the tax
due on such supplies must be credited to the Government
account. The law makes explicit provision for the person
who has borne the incidence of tax to file refund claim in
accordance with the provisions of Section 54 of the CGST
Act, 2017.

REFUNDS    TO   CASUAL/NON-RESIDENT
TAXABLE PERSONS
A casual/Non-resident taxable person has to pay tax in
advance at the time of registration. Refund may become


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GST FLYERS

due to such persons at the end of the registration period
because the tax paid in advance may be more than the actual
tax liability on the supplies made by them during the period
of validity of registration period. The law envisages refund
to such categories of taxable persons also. But the amount
of excess advance tax shall not be refunded unless such
person has filed all the returns due during the time their
registration was effective. It is only after such compliance
that refund will be granted.

REFUND TO UN BODIES                      AND      OTHER
NOTIFIED AGENCIES
Supplies made to UN bodies and embassies may be exempted
from payment of GST as per international obligations.
However, this exemption is being operationalized by way of
a refund mechanism. So a taxable person making supplies
to such bodies would charge the tax due and remit the
same to government account. However, the UN bodies and
other entities notified under Section 55 of the CGST Act,
2017 can claim refund of the taxes paid by them on their
purchases. The claim has to be made before the expiry of
six months from the last day of the quarter in which such
supply was received. It may be noted that refund would be
granted by Central Government as facility of a single UIN
has been made available to such agencies.

REFUND TO INTERNATIONAL TOURIST
 An enabling mechanism has been introduced in Section
15 of the IGST Act, 2017 whereby an international tourist
procuring goods in India, may while leaving the country seek

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                                          Refunds under GST

refund of integrated tax paid by them. The term, "tourist" has
been defined and refers to any person who is not normally
resident in India and who enters India for a stay of not more
than 6 months for legitimate non-immigrant purposes.

UNJUST ENRICHMENT
Talking about unjust enrichment, a presumption is always
drawn that the businessman will shift the incidence of tax
to the final consumer. This is because GST is an indirect
tax whose incidence is to be borne by the consumer. It is
for this reason that every claim of refund (barring specified
exceptions) need to pass the test of unjust enrichment.
And every such claim if sanctioned is first transferred to
the Consumer Welfare Fund. The GST law makes this test
inapplicable in case of refund of accumulated ITC, refund
on account of exports, refund of payment of wrong tax
(integrated tax instead of central tax plus state tax and vice
versa), refund of tax paid on a supply which is not provided
or which refund voucher is issued or if the applicant shows
that he has not passed on the incidence of tax to any other
person. In all other cases the test of unjust enrichment needs
to be satisfied for the claim to be paid to the applicant. For
crossing the bar of unjust enrichment, if the refund claim is
less than Rs.2 Lakhs, then a self-declaration of the applicant
to the effect that the incidence of tax has not been passed
to any other person will suffice to process the refund claim.
For refund claims exceeding Rs. 2 Lakhs, a certificate from
a Chartered Accountant/Cost Accountant will have to be
given.



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GST FLYERS

STANDARDISATION OF PROCEDURE
The GST laws makes standardised provisions for making
a refund claim. Every claim has to be filed online in a
standardised form. The applicationshall be forwarded to
the proper officer who shall, within a period of fifteen days
of filing of the said application, scrutinize the application
for its completeness and where the application is found
to be complete in all terms, an acknowledgement shall be
made available to the applicant through the common portal
electronically. However, till the time the refund module on
the GSTN portal is operationalised, facility for manual filing
of refund claims has been provided. The claim for refund
of amount lying in the credit balance of the cash ledger can
be made in the monthly returns also. The proper officer
has to convey deficiencies if any in the refund claimed in
such cases the claim will be sent back to the applicant along
with the notified deficiencies and the applicant can file the
refund claim again after making goods the deficiencies.
The claim, if in order, has to be sanctioned within a period
of 60 days from the date of receipt of the application of
claim complete in all respect. If this mandatory period is
exceeded, interest at the rate of 6% (9% in case of refund
made on order passed by an adjudicating authority or
Appellate Tribunal or court which has attained finality) will
become payable along with refund from the expiry of 60
days till the date of payment of refund. However, if the
refund claim is on account of pre-deposit made before any
appellate authority, the interest becomes payable from the
date of making such payment.



                             288
                                         Refunds under GST

DOCUMENTATION
The applicant need not file elaborate documents along with
the refund claim. Standardised and easy to understand
documents have been prescribed. Thus, for every claim
the main document prescribed is a statement of relevant
invoices (NOT THE INVOICES ITSELF) pertaining
to the claim. In case refund is on account of export of
services, apart from the statement of invoices, the relevant
bank realisation certificates or FIRC evidencing receipt
of payment in foreign currency is also required to be
submitted. If it is a claim made by the supplier to the SEZ
unit, an endorsement from the proper officer evidencing
receipt of such goods/services in the SEZ also needs to be
submitted. Further a declaration is also required from the
SEZ unit to the effect that they have not availed input tax
credit of the tax paid by the supplier. If the claim is for
refund of accumulated ITC, only a statement containing
invoice details as prescribed in the refund chapter of the
CGST Rules, 2017 need to be given. In case of claim of
refund on account of any order or judgment of appellate
authority or court, the reference number of the order
giving rise to refund should also be given. For crossing the
bar of unjust enrichment, if the refund claim is less than
Rs.2 Lakhs, then a self-declaration by the applicant to the
effect that the incidence of tax has not been passed to any
other person will suffice to process the refund claim. For
refund claims exceeding Rs. 2 Lakhs, a certificate from a
Chartered Accountant/Cost Accountant will have to be
given.



                            289
GST FLYERS

COMPLIANCE WITH NATURAL JUSTICE
In case the claim is sought to be rejected by the proper
officer, a notice has to be given online to the applicant
stating the ground on which the refund is sought to be
rejected. The applicant needs to respond online within 15
days from the receipt of such notice. Thus no claim can be
rejected without putting the applicant to notice.

PAYMENT TO BE CREDITED ONLINE
The refund claim, wherever due, will be directly credited to
the bank account of the applicant. The applicant need not
come to the authorities to collect the cheques or for any
other issues relating to the refund claim.

PROCEDURE FOR CLAIMING REFUND OF
IGST PAID ON EXPORT OF GOODS
The shipping bill filed by an exporter shall be deemed to
be an application for refund of integrated tax paid on the
goods exported out of India and such application shall be
deemed to have been filed only when:-
(a) the person in charge of the conveyance carrying the
    export goods duly files an export manifest or an export
    report covering the number and the date of shipping
    bills or bills of export; and
(b) the applicant has furnished a valid return in FORM
    GSTR-3 or FORM GSTR-3B, as the case may be.
Since the system of filing of return in FORM GSTR-3 has
not started so far, the refund of integrated tax on export of

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                                          Refunds under GST

goods would be granted based on FORM GSTR-1 and
FORM GSTR-3B for the time being. The details of the
relevant export invoices contained in FORM GSTR-1 (or
Table 6A thereof ) shall be transmitted electronically by the
common portal to the system designated by the Customs
and the said system shall electronically transmit to the
common portal, a confirmation that the goods covered by
the said invoices have been exported out of India.
Upon receipt of the information regarding the furnishing
of a valid return in FORM GSTR-3 or FORM GSTR-3B,
as the case may be and FORM GSTR-1 from the common
portal, the system designated by the Customs shall process
the claim for refund and an amount equal to the integrated
tax paid in respect of each shipping bill or bill of export
shall be electronically credited to the bank account of the
applicant mentioned in his registration particulars and as
intimated to the Customs authorities.
As per Rule 96, the refund of IGST paid on export of goods
is processed and disbursed by Customs. For processing such
refund, GST system transmits invoice level data of Table
6A in GSTR 1 subject to the following validations"
1.     GSTR-3B is filed for the corresponding period, with
       admitted tax liability under Table 3.1(b);
2.     Export invoices are submitted in GSTR-1/Table
       6A thereof and have correct shipping bill number,
       shipping bill date and port code;
3.     The admitted tax liability of IGST under table 3.1(b)
       of GSTR-3B, is equal to, or greater than, the IGST


                             291
GST FLYERS

       amount claimed to have been paid under Table 6A
       of GSTR-1 of the corresponding period.
It may be noted that Rule 96(9) has been inserted, w.e.f
23.10.2017, in CGST Rules, 2017 vide Notification no.
75/2017-Central Tax dated 29.12.2017 so as to provide
that the refund of integrated tax paid on export of goods or
services is not permitted to such persons who have received
supplies on which the supplier has availed the benefit of
Notification no. 48/2017-Central Tax dated 18.10.2017
or Notification no. 40/2017- Central Tax (Rate) dated
23.10.2017 or notification No. 41/2017-Integrated Tax
(Rate) dated 23.10.2017.

Manual filing of Refund Claims
Rule 97A has been inserted in the CGST Rules, 2017 vide
Notification no. 55/2017-Central Tax dated 15.11.2017
to enable manual processing of refund claims. The said
rule provides that any reference to electronic filing of an
application, intimation, reply, declaration, statement or
electronic issuance of a notice, order or certificate on the
common portal shall, in respect of that process or procedure,
include manual filing of the said application, intimation,
reply, declaration, statement or issuance of the said notice,
order or certificate in such Forms as appended to CGST
Rules, 2017.
Circular no. 17/17/2017-GST dated 15.11.2017 and
Circular no. 24/24/2017-GST dated 21.12.2017 has been
issued clarifying the procedure for filing of manual refund
claims. The circular mandates that due to the non-availability
of the refund module on the common portal, it has been

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                                          Refunds under GST

decided that the applications/documents/forms pertaining
to refund claims on account of zero-rated supplies shall be
filed and processed manually till further orders.

Procedure for filing refund claims (other than refund
under Rule 96 on account of export of goods and refund
of unutilised ITC on account of zero rated supply)
The application for refund of integrated tax paid on zero-
rated supply of goods to a Special Economic Zone developer
or a Special Economic Zone unit or in case of zero-rated
supply of services is required to be filed in FORM GST
RFD-01A (as notified in the CGST Rules, 2017 vide
Notification no. 55/2017 ­ Central Tax dated 15.11.2017)
by the supplier on the common portal and a print out of the
said form shall be submitted before the jurisdictional proper
officer along with all necessary documentary evidences as
applicable (as per the details in statement 2 or 4 of Annexure
to FORM GST RFD ­ 01), within the time stipulated for
filing of such refund under the CGST Act, 2017.

Procedure for filing refund claims of unutilised ITC on
account of zero rated supply
The application for refund of unutilized input tax credit
on inputs or input services used in making such zero-rated
supplies shall be filed in FORM GST RFD-01A on the
common portal and the amount claimed as refund shall get
debited in accordance with sub-rule (3) of rule 86 of the
CGST Rules, 2017 from the amount in the electronic credit
ledger to the extent of the claim. The common portal shall
generate a proof of debit (ARN- Acknowledgement Receipt

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Number) which would be mentioned in the FORM GST
RFD-01A submitted manually, along with the print out of
FORM GST RFD-01A to the jurisdictional proper officer,
and with all necessary documentary evidences as applicable
(as per details in statement 3 or 5 of Annexure to FORM
GST RFD-01), within the time stipulated for filing of such
refund under the CGST Act, 2017.

Where to file the refund claims
The registered person needs to file the refund claim with
the jurisdictional tax authority to which the taxpayer has
been assigned as per the administrative order issued in this
regard by the Chief Commissioner of Central Tax and the
Commissioner of State Tax. In case such an order has not
been issued in the State, the registered person is at liberty
to apply for refund before the Central Tax Authority or
State Tax Authority till the administrative mechanism for
assigning of taxpayers to respective authority is implemented.
However, in the latter case, an undertaking is required to be
submitted stating that the claim for sanction of refund has
been made to only one of the authorities. It is reiterated
that the Central Tax officers shall facilitate the processing
of the refund claims of all registered persons whether or not
such person was registered with the Central Government in
the earlier regime.

Modalities/Records in respect of manual refund claims
The Circular no.17/17/2017-GST dated 15.11.2017 read
with Circular no. 24/24/2017-GST dated 21.12.2017 lays
down the modalities for maintenance of records in respect




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                                          Refunds under GST

of such manual refund claims, which needs to be adhered to
scrupulously. The time limits laid down in the Act need to
be followed and the prescribed forms need to be generated
manually for processing of such refund claims

Manual filing and processing of refund claims on account
of inverted duty structure, deemed exports and excess
balance in electronic cash ledger
Due to the non-availability of the refund module on the
common portal, it has been decided by the competent
authority     that    the     applications/documents/forms
pertaining to refund claims on account of inverted duty
structure (including supplies in terms of notification Nos.
40/2017-Central Tax (Rate) and 41/2017-Integrated Tax
(Rate) both dated 23.10.2017), deemed exports and excess
balance in electronic cash ledger shall be filed and processed
manually till further orders. The procedure to be followed
for manual filing of following type of refund claims and
processing thereof shall be in accordance with Circular no.
24/24/2017-GST dated 21.12.2017 read with Circular no.
17/17/2017-GST dated 15.11.2017 :-
(i) refund of unutilized input tax credit where the credit
    has accumulated on account of rate of tax on inputs
    being higher than the rate of tax on output supplies
    (other than nil rated or fully exempt supplies) of goods
    or services or both except those supplies which are
    notified by the Government on the recommendations
    of the Council (section 54(3) of the CGST Act, 2017
    refers);


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GST FLYERS

(ii) refund of tax on the supply of goods regarded as deemed
     exports; and
(iii) refund of balance in the electronic cash ledger.

Manual claims in respect of inverted duty structure
Refund claims on account of inverted duty structure shall
be filed for a tax period on a monthly basis in FORM
GST RFD-01A. However, the registered persons having
aggregate turnover of up to Rs. 1.5 crore in the preceding
financial year or the current financial year and opting to
file FORM GSTR-1 on quarterly basis (Notification no.
71/2017-Central Tax dated 29.12.2017 refers) shall apply
for refund on a quarterly basis. Further, it is stated that the
refund claim for a tax period may be filed only after filing
the details in FORM GSTR-1 for the said tax period. It
is also to be ensured that a valid return in FORM GSTR-
3B has been filed for the last tax period before the one in
which the refund application is being filed. Since the date
of furnishing of FORM GSTR 1 from July, 2017 onwards
has been extended while the dates of furnishing of FORM
GSTR 2 and FORM GSTR 3 for such period are yet to be
notified, it has been decided by the competent authority to
sanction refund of provisionally accepted input tax credit at
this juncture. However, the registered persons applying for
refund is required to give an undertaking to the effect that
the amount of refund sanctioned would be paid back to the
Government with interest in case it is found subsequently
that the requirements of clause (c) of sub-section (2) of
section 16 read with sub-section (2) of sections 42 of the
CGST Act, 2017 have not been complied with in respect

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                                         Refunds under GST

of the amount refunded. This undertaking should be
submitted manually along with the refund claim till the
same is available in FORM RFD-01A on the common
portal. Further the prescribed statements - Statement 1 and
Statement 1A of FORM GST RFD-01A are also required
to be filled.
It may be noted that Rule 89(4B) has been inserted, i.e.
23.10.2017, in CGST Rules, 2017 vide Notification no.
75/2017-Central Tax dated 29.12.2017 so as to provide that
refund of input tax credit, availed only in respect of inputs
availed in respect of inputs received under Notification
no. 40/2017-Central Tax (Rate) dated 23.10.2017 or
Notification no. 41/2017-Integrated Tax (Rate) dated
23.10.2017, or both or other inputs or input services used
in making such exports shall be granted.

Manual Claims in respect of Deemed Exports
The Government has issued notification No.48/2017-Central
Tax dated 18.10.2017 under section 147 of the CGST Act,
2017 wherein certain supplies of goods have been notified
as deemed export. Further, the third proviso to rule 89(1) of
the CGST Rules, 2017 allows the recipient or the supplier to
apply for refund of tax paid on such deemed export supplies.
In case such refund is sought by the supplier of deemed
export supplies, the documentary evidences as specified in
notification No. 49/2017-Central Tax dated 18.10.2017 are
also required to be furnished which includes an undertaking
by the recipient of deemed export supplies that he shall not
claim the refund in respect of such supplies and that no
input tax credit on such supplies has been availed of by him.

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The undertaking from the recipient should be submitted
manually by the supplier along with his application for
refund claim. Similarly, in case the refund is filed by the
recipient of deemed export supplies, an undertaking by the
supplier of deemed export supplies that he shall not claim
the refund in respect of such supplies is also required to be
furnished manually. The procedure regarding procurement
of supplies of goods from DTA by Export Oriented Unit
(EOU) / Electronic Hardware Technology Park (EHTP)
Unit / Software Technology Park (STP) Unit / Bio-
Technology Parks (BTP) Unit under deemed export as laid
down in Circular no. 14/14/2017-GST dated 06.11.2017
needs to be complied with.
Further, as per the provisions of rule 89(2)(g) of the CGST
Rules, 2017, the statement 5B of FORM GST RFD-01A
is required to be furnished for claiming refund on supplies
declared as deemed exports.
It may be noted that Rule 89(4A) has been inserted, w.e.f
23.10.2017, in CGST Rules, 2017 vide Notification no.
75/2017-Central Tax dated 29.12.2017 so as to provide
that refund of input tax credit, availed in respect of only
other inputs or input services used in making zero-rated
supply of goods or services or both, shall be granted in
case of supplies received on which the supplier has availed
the benefit of Notification no. 48/2017-Central Tax dated
18.10.2017.

Refund amount to be sanctioned by respective authorities
Para 2.5 of Circular No. 17/17/2017-GST dated 15.11.2017


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                                           Refunds under GST

may be referred to in order to ascertain the jurisdictional
proper officer to whom the manual application for refund
is to be submitted. Where any amount claimed as refund
is rejected under rule 92 of the CGST Rules, 2017, either
fully or partly, the amount debited, to the extent of rejection,
shall be re-credited to the electronic credit ledger by an
order made in FORM GST RFD-1B until the FORM
GST PMT-03 is available on the common portal. Further,
the payment of the sanctioned refund amount shall be
made only by the respective tax authority of the Central or
State Government. Thus, the refund order issued either by
the Central tax authority or the State tax/UT tax authority
shall be communicated to the concerned counter-part
tax authority within seven working days for the purpose
of payment of the relevant sanctioned refund amount of
tax or cess, as the case may be. This time limit of seven
working days is also applicable to refund claims in respect
of zero-rated supplies being processed as per Circular No.
17/17/2017-GST dated 15.11.2017. It must be ensured
that the timelines specified under section 54(7) and rule
91(2) of the CGST Rules, 2017 for the sanction of refund
are adhered to.

Special Procedure to facilitate smooth refund of Central
Tax and State Tax
In order to facilitate sanction of refund amount of Central
tax and State tax by the respective tax authorities, it has
been decided that both the Central and State Tax authority
shall nominate nodal officer(s) for the purpose of liasioning
through a dedicated e-mail id. Where the amount of


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GST FLYERS

Central tax and State tax refund is ordered to be sanctioned
provisionally by the Central tax authority and a sanction
order is passed in accordance with the provisions of rule
91(2) of the CGST Rules, 2017 the Central tax authority
shall communicate the same, through the nodal officer, to the
State tax authority for making payment of the sanctioned
refund amount in relation to State tax and vice versa. The
aforesaid communication shall primarily be made through
e-mail attaching the scanned copies of the sanction order
[FORM GST RFD-04 and FORM GST RFD-06], the
application for refund in FORM GST RFD-01A and the
Acknowledgement Receipt Number (ARN). Accordingly,
the jurisdictional proper officer of Central or State Tax,
as the case may be, shall issue FORM GST RFD-05 and
send it to the DDO for onward transmission for release of
payment. After release of payment by the respective PAO to
the applicant's bank account, the nodal officer of Central tax
and State tax authority shall inform each other. The manner
of communication as referred earlier shall be followed at the
time of final sanctioning of the refund also.
In case of refund claim for the balance amount in the
electronic cash ledger, upon filing of FORM GST RFD-
01A, the amount of refund claimed shall get debited in the
electronic cash ledger.
Drawback of all taxes under GST (Central Tax, Integrated
Tax, State/Union Territory Tax) should not have been
availed while claiming refund of accumulated ITC under
section 54(3)(ii) of the CGST Act, 2017. A declaration to
this effect forms part of FORM GST RFD-01A as well.


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                                         Refunds under GST

POWER WITH THE COMMISSIONER TO
WITHHOLD REFUND IN CERTAIN CASES
GST law provides that where an order giving rise to a refund
is the subject matter of an appeal or further proceedings
or where any other proceedings under this Act is pending
and the Commissioner is of the opinion that grant of such
refund is likely to adversely affect the revenue in the said
appeal or other proceedings on account of malfeasance or
fraud committed, he may, after giving the taxable person an
opportunity of being heard, withhold the refund till such
time as he may determine.

CONCLUSION
In sum, the law envisages a simplified, time bound and
technology driven refund procedure with minimal human
interface between the taxpayer and tax authorities.


                           ******




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GST FLYERS




                    Chapter Thirty Five



   Refund of Integrated Tax
 paid on account of zero rated
           supplies
Under GST, Exports and supplies to SEZ are zero rated
as per section 16 of the IGST Act, 2017. By zero rating
it is meant that the entire supply chain of a particular zero
rated supply is tax free i.e. there is no burden of tax either
on the input side or on output side. This is in contrast with
exempted supplies, where only output is exempted from
tax but tax is levied on the input side. The essence of zero
rating is to make Indian goods and services competitive in
the international market by ensuring that taxes do not get
added to the cost of exports.
The objective of zero rating of exports and supplies to SEZ
is sought to be achieved through the provision contained in
Section 16(3) of the IGST Act, 2017, which mandates that
a registered person making a zero rated supply is eligible to
claim refund in accordance with the provisions of section
54 of the CGST Act, 2017, under either of the following
options, namely: ­
    ·    he may supply goods or services or both under

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 Refund of Integrated Tax paid on account of zero rated supplies

          bond or Letter of Undertaking, subject to such
          conditions, safeguards and procedure as may be
          prescribed, without payment of integrated tax
          (IGST) and claim refund of unutilised input tax
          credit of Central tax (CGST), State tax (SGST) /
          Union territory tax (UTGST) and integrated tax
          (IGST); or
     ·    he may supply goods or services or both, subject to
          such conditions, safeguards and procedure as may
          be prescribed, on payment of integrated tax and
          claim refund of such tax paid on goods or services
          or both supplied.
The second category pertains to refund of integrated tax
paid for the zero-rated supplies made by suppliers who
opt for the route of export on payment of integrated tax
and claim refund of such tax paid. There can be two sub-
categories of such suppliers namely, -
1.       Exporter of goods
2.       Service exporters and persons making supplies to
         SEZ.
Export of Goods
The normal refund application in GST RFD-01 is not
applicable in this case. There is no need for filing a separate
refund claim as the shipping bill filed by the exporter is itself
treated as a refund claim. As per rule 96 of the CGST Rules,
2017, the shipping bill filed by an exporter shall be deemed
to be an application for refund of integrated tax paid on the
goods exported out of India and such application shall be

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GST FLYERS

deemed to have been filed only when:-
(a) the person in charge of the conveyance carrying the
    export goods duly files an export manifest or an export
    report covering the number and the date of shipping
    bills or bills of export; and
(b) the applicant has furnished a valid return in FORM
    GSTR-3 or FORM GSTR3B, as the case may be.
Thus, once the shipping bill and export general manifest
(EGM) is filed and a valid return is filed, the application
for refund shall be considered to have been filed and refund
shall be processed by the department.
Since the system of filing of return in FORM GSTR-
3 has not started so far, the refund of integrated tax
on export of goods would be granted based on FORM
GSTR-1 and FORM GSTR-3B for the time being.
The details of the relevant export invoices contained
in FORM GSTR-1 (or Table 6A thereof ) shall be
transmitted electronically by the common portal to the
system designated by the Customs and the said system
shall electronically transmit to the common portal, a
confirmation that the goods covered by the said invoices
have been exported out of India.
Upon receipt of the information regarding the furnishing
of a valid return in FORM GSTR-3 or FORM GSTR-
3B, as the case may be and FORM GSTR-1 from the
common portal, the system designated by the Customs
shall process the claim for refund and an amount equal to
the integrated tax paid in respect of each shipping bill or


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 Refund of Integrated Tax paid on account of zero rated supplies

bill of export shall be electronically credited to the bank
account of the applicant mentioned in his registration
particulars and as intimated to the Customs authorities.
As per Rule 96, the refund of IGST paid on export
of goods is processed and disbursed by Customs. For
processing such refund, GST system transmits invoice
level data of Table 6A in GSTR 1 subject to the following
validations: -
1. GSTR-3B is filed for the corresponding period, with
   admitted tax liability under Table 3.1(b);
2. Export invoices are submitted in GSTR-1/Table 6A
   and have correct shipping bill number, shipping bill
   date and port code;
3. The admitted tax liability of IGST under table 3.1(b)
   of GSTR-3B, is equal to, or greater than, the IGST
   amount claimed to have been paid under Table 6A of
   GSTR-1 of the corresponding period.
It may be noted that Rule 96(9) has been inserted, w.e.f
23.10.2017, in CGST Rules, 2017 vide Notification no.
75/2017-Central Tax dated 29.12.2017 so as to provide
that the refund of integrated tax paid on export of goods or
services is not permitted to such persons who have received
supplies on which the supplier has availed the benefit of
Notification no. 48/2017-Central Tax dated 18.10.2017
or Notification no. 40/2017- Central Tax (Rate) dated
23.10.2017 or notification No. 41/2017-Integrated Tax
(Rate) dated 23.10.2017.



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GST FLYERS

Service Exporters and Persons making supplies to SEZ
Under this category also, the supplier may choose to first
pay IGST and then claim refund of the IGST so paid. In
these cases, the suppliers will have to file refund claim in
FORM GST RFD ­ 01 on the common portal, as per Rule
89(1) of the CGST Rules, 2017. Service Exporters need to
file a statement containing the number and date of invoices
and the relevant Bank Realisation Certificates or Foreign
Inward Remittance Certificates, as the case may be, along
with the refund claim.
In so far as refund is on account of supplies made to SEZ,
the DTA supplier will have to file the refund claim in such
cases. The second proviso to Rule 89(1) stipulates that in
respect of supplies to a Special Economic Zone unit or a
Special Economic Zone developer, the application for
refund shall be filed by the ­
(a) supplier of goods after such goods have been admitted
    in full in the Special Economic Zone for authorised
    operations, as endorsed by the specified officer of the
    Zone;
(b) supplier of services along with such evidence regard-
    ing receipt of services for authorised operations as en-
    dorsed by the specified officer of the Zone.
Thus, proof of receipt of goods or services as evidenced by
the specified officer of the zone is a pre-requisite for filing
of refund claim by the DTA supplier.
The claim for refund when made for supplies made to SEZ


                             306
 Refund of Integrated Tax paid on account of zero rated supplies

unit/Developer has to be filed along with the following
documents:
1. a statement containing the number and date of invoices
   as provided in rule 46 along with the evidence regarding
   the endorsement specified in the second proviso to
   rule 89(1) in the case of the supply of goods made to
   a Special Economic Zone unit or a Special Economic
   Zone developer;
2. a statement containing the number and date of invoices,
   the evidence regarding the endorsement specified in the
   second proviso to rule 89(1) and the details of payment,
   along with the proof thereof, made by the recipient to
   the supplier for authorised operations as defined under
   the Special Economic Zone Act, 2005, in a case where
   the refund is on account of supply of services made to
   a Special Economic Zone unit or a Special Economic
   Zone developer;
3. a declaration to the effect that the Special Economic
   Zone unit or the Special Economic Zone developer has
   not availed the input tax credit of the tax paid by the
   supplier of goods or services or both, in a case where
   the refund is on account of supply of goods or services
   made to a Special Economic Zone unit or a Special
   Economic Zone developer.

Manual filing of claims
Till such time as full-fledged refund module is operationalised
by GSTN, manual filing of claims has been prescribed vide
Circular no.17/17/2017-GST dated 15.11.2017 & Circular

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GST FLYERS

no. 24/24/2017-GST dated 21.12.2017. The application
for refund of IGST paid on zero-rated supply of goods to
a Special Economic Zone developer or a Special Economic
Zone unit or in case of zero-rated supply of services is
required to be filed in FORM GST RFD-01A (as notified
in the CGST Rules, 2017 vide Notification no. 55/2017
­ Central Tax dated 15.11.2017) by the supplier on the
common portal and a print out of the said form shall be
submitted before the jurisdictional proper officer along
with all necessary documentary evidences as applicable (as
per the details in statement 2 or 4 of Annexure to FORM
GST RFD ­ 01), within the time stipulated for filing of
such refund under the CGST Act, 2017.

Refund amount to be sanctioned by respective authorities
Para 2.5 of Circular no. 17/17/2017-GST dated 15.11.2017
may be referred to in order to ascertain the jurisdictional
proper officer to whom the manual application for refund
is to be submitted. Where any amount claimed as refund
is rejected under rule 92 of the CGST Rules, 2017, either
fully or partly, the amount debited, to the extent of rejection,
shall be re-credited to the electronic credit ledger by an
order made in FORM GST RFD-1B until the FORM
GST PMT-03 is available on the common portal. Further,
the payment of the sanctioned refund amount shall be
made only by the respective tax authority of the Central or
State Government. Thus, the refund order issued either by
the Central tax authority or the State tax/UT tax authority
shall be communicated to the concerned counter- part tax
authority within seven working days for the purpose of


                              308
 Refund of Integrated Tax paid on account of zero rated supplies

payment of the relevant sanctioned refund amount of tax or
cess, as the case may be. This time limit of seven working days
is also applicable to refund claims in respect of zero-rated
supplies being processed as per Circular no. 17/17/2017-
GST dated 15.11.2017 as against the time limit of three
days prescribed in para 4 of the said Circular. It must be
ensured that the timelines specified under section 54(7) of
the CGST Act, 2017 and rule 91(2) of the CGST Rules,
2017 for the sanction of refund are adhered to.

Special Procedure to facilitate smooth refund of Central
Tax and State Tax
In order to facilitate sanction of refund amount of central
tax and State tax by the respective tax authorities, it has
been decided that both the Central and State Tax authority
shall nominate nodal officer(s) for the purpose of liasioning
through a dedicated e-mail id. Where the amount of
central tax and State tax refund is ordered to be sanctioned
provisionally by the Central tax authority and a sanction
order is passed in accordance with the provisions of rule
91(2) of the CGST Rules, 2017, the Central tax authority
shall communicate the same, through the nodal officer, to the
State tax authority for making payment of the sanctioned
refund amount in relation to State tax and vice versa. The
aforesaid communication shall primarily be made through
e-mail attaching the scanned copies of the sanction order
[FORM GST RFD-04 and FORM GST RFD-06], the
application for refund in FORM GST RFD-01A and the
Acknowledgement Receipt Number (ARN). Accordingly,
the jurisdictional proper officer of Central or State Tax,


                              309
GST FLYERS

as the case may be, shall issue FORM GST RFD-05 and
send it to the DDO for onward transmission for release of
payment. After release of payment by the respective PAO to
the applicant's bank account, the nodal officer of Central tax
and State tax authority shall inform each other. The manner
of communication as referred earlier shall be followed at the
time of final sanctioning of the refund also.

Where to file the refund claims
The registered person needs to file the refund claim with
the jurisdictional tax authority to which the taxpayer has
been assigned as per the administrative order issued in this
regard by the Chief Commissioner of Central Tax and the
Commissioner of State Tax. In case such an order has not
been issued in the State, the registered person is at liberty
to apply for refund before the Central Tax Authority or
State Tax Authority till the administrative mechanism for
assigning of taxpayers to respective authority is implemented.
However, in the latter case, an undertaking is required to be
submitted stating that the claim for sanction of refund has
been made to only one of the authorities. It is reiterated
that the Central Tax officers shall facilitate the processing
of the refund claims of all registered persons whether or not
such person was registered with the Central Government in
the earlier regime

Modalities/Records in respect of manual refund claims
The Circular No.17/17/2017-GST dated 15.11.2017 and
circular no.24/24/2017-GST dated 21.12.2017 lays down
the modalities for maintenance of records in respect of

                             310
 Refund of Integrated Tax paid on account of zero rated supplies

such manual refund claims, which needs to be adhered to
scrupulously. The time limits laid down in the Act need to
be followed and the prescribed forms need to be generated
manually for processing of such refund claims.

Grant of Provisional Refund
The above category of persons making zero rated supplies
will be entitled to provisional refund of 90% of the claim in
terms of Section 54(6) of CGST Act, 2017.
Rule 91 of CGST Rules, 2017 provide that the provisional
refund is to be granted within 7 days from the date of
acknowledgement of the refund claim. An order for
provisional refund is to be issued in Form GST RFD 04
along with payment advice in the name of the claimant in
Form GST RFD 05. The amount will be electronically
credited to the claimant's bank account. Rule 91 also
prescribe that the provisional refund will not be granted if
the person claiming refund has, during any period of five
years immediately preceding the tax period to which the
claim for refund relates, been prosecuted for any offence
under the Act or under an earlier law where the amount of
tax evaded exceeds two hundred and fifty lakh rupees.


                            ******




                              311
GST FLYERS




                      Chapter Thirty Six



   Refund of unutilised Input
       Tax Credit (ITC)
Accumulation of Input Tax Credit happens when the tax
paid on inputs is more than the output tax liability. Such
accumulation will have to be carried over to the next financial
year till such time as it can be utilised by the registered person
for payment of output tax liability. However, the GST Law
permits refund of unutilised ITC in two scenarios, namely
if such credit accumulation is on account of zero rated
supplies or on account of inverted duty structure, subject to
certain exceptions.
As per Section 54(3) of the CGST Act, 2017, a registered
person may claim refund of unutilised input tax credit at
the end of any tax period. A tax period is the period for
which return is required to be furnished.
Refund of unutilised input tax credit is allowed only in
following two cases:
a) Zero rated supplies made without payment of tax: As
   per Section 16(3) of the IGST Act, 2017, a registered
   person making zero rated supply is eligible to claim re-
   fund under either of the following options, namely: ­

                               312
                 Refund of unutilised Input Tax Credit (ITC)

    ·   Supply of goods or services or both under bond or
        Letter of Undertaking, subject to such conditions,
        safeguards and procedure as may be prescribed,
        without payment of integrated tax and claim
        refund of unutilised input tax credit; or
    ·   Supply of goods or services or both, subject to
        such conditions, safeguards and procedure as may
        be prescribed, on payment of integrated tax and
        claim refund of such tax paid on goods or services
        or both supplied.
   The first category pertains to refund of unutilised ITC
   for which the registered person has to supply under
   Bond/LUT (as prescribed in Rule 96A of CGST Rules,
   2017) and in the second category supply has been made
   after payment of Tax (IGST). In both the cases, refund
   can be applied under Section 54 of the CGST Act, 2017
   read with Rule 89 or Rule 96, as the case may be, of the
   CGST Rules, 2017.
b) Inverted duty structure: Where the credit has ac-
   cumulated on account of rate of tax on inputs being
   higher than the rate of tax on output supplies (other
   than nil rated or fully exempt supplies), except supplies
   of goods or services or both as may be notified by the
   Government on the recommendations of the Council.
   This would include even those cases where supply has
   been made to merchant exporters under Notification
   no. 40/2017- Central Tax (Rate) dated 23.10.2017 or
   notification No. 41/2017-Integrated Tax (Rate) dated
   23.10.2017 or both.

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GST FLYERS

In such cases also, refund can be applied under Section 54
of the CGST Act, 2017 read with Rule 89 of the CGST
Rules, 2017.
It should be noted that no refund of unutilised input tax
credit is allowed in cases where the goods exported out of
India are subjected to export duty. Further, no refund of in-
put tax credit is allowed, if the supplier of goods or services
or both avails of drawback in respect of central tax orclaims
refund of the integrated tax paid on such supplies.
Refund of ITC on account of zero-rated supplies
The application filed for refund of unutilized ITC on ac-
count of zero-rated supplies (without payment of tax under
Bond/LUT) has to be accompanied by documentary evi-
dence as may be prescribed to establish that a refund is due
to the applicant; and such documentary or other evidence
(including the documents referred to in section 33 of the
CGST Act, 2017) as the applicant may furnish to establish
that the amount of tax and interest, if any, paid on such tax
or any other amount paid in relation to which such refund
is claimed was collected from, or paid by, him and the in-
cidence of such tax and interest had not been passed on to
any other person.
Rule 89(2) of the CGST Rules, 2017, specifies documents
to be attached with the refund application in case of differ-
ent types of Refund applicants.
However, it has been provided under section 54(4) of the


                             314
                  Refund of unutilised Input Tax Credit (ITC)

CGST Act, 2017, that where the amount claimed as refund
is less than two lakh rupees, then, for certifying that the in-
cidence of such tax and interest had not been passed on to
any other person, it shall not be necessary for the applicant
to furnish any documentary and other evidences but he may
file a declaration, based on the documentary or other evi-
dences available with him.
It has also been provided under section 54(6) of the CGST
Act, 2017, that in cases where the claim for refund on ac-
count of zero-rated supply of goods or services or both
made by registered persons, other than such category of
registered persons as may be notified by the Government
on the recommendations of the Council, refund on a provi-
sional basis, ninety per cent of the total amount so claimed,
excluding the amount of input tax credit provisionally ac-
cepted; and the final order shall be issued within sixty days
from the date of receipt of application complete in all re-
spects (section 54(7) of the CGST Act, 2017 refers).
Rule 91 of CGST Rules, 2017 provide that the provisional
refund is to be granted within 7 days from the date of ac-
knowledgement of the refund claim. An order for provi-
sional refund is to be issued in Form GST RFD 04 along
with payment advice in the name of the claimant in Form
GST RFD 05. The amount will be electronically credit-
ed to the claimant's bank account. The rules also prescribe
the provisional refund will not be granted to if the person
claiming refund has, during any period of five years imme-
diately preceding the tax period to which the claim for re-


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GST FLYERS

fund relates, been prosecuted for any offence under the Act
or under an earlier law where the amount of tax evaded
exceeds two hundred and fifty lakh rupees;
It may also be noted that by default, the refund is to be
credited to the Consumer Welfare Fund, except in the cases
below:-
(a) refund of tax paid on zero-rated supplies of goods or
    services or both or on inputs or input services used in
    making such zero-rated supplies;
(b) refund of unutilised input tax credit under section 54(3)
    of the CGST Act, 2017.
(c) refund of tax paid on a supply which is not provided,
    either wholly or partially, and for which invoice has not
    been issued, or where a refund voucher has been issued;
(d) refund of tax in pursuance of section 77;
(e) the tax and interest, if any, or any other amount paid by
    the applicant, if he had not passed on the incidence of
    such tax and interest to any other person; or
(f ) the tax or interest borne by such other class of applicants
     as the Government may, on the recommendations of
     the Council, by notification, specify.
Formula for grant of refund in cases where the refund of
accumulated Input Tax Credit is on account of zero rated
supply is based on the following:
Refund Amount = (Turnover of zero-rated supply of goods


                              316
                  Refund of unutilised Input Tax Credit (ITC)

+ Turnover of zero-rated supply of services) x Net ITC
÷Adjusted Total Turnover
Where, -
(A) "Refund amount" means the maximum refund that is
    admissible;
(B) "Net ITC" means input tax credit availed on inputs and
     input services during the relevant period other than
     the input tax credit availed for which refund is claimed
     under rule 89(4A) or 89(4B) or both;
(C) "Turnover of zero-rated supply of goods" means the
    value of zero-rated supply of goods made during the
    relevant period without payment of tax under bond
    or letter of undertaking, other than the turnover of
    supplies in respect of which refund is claimed under
    rule 89(4A) or rule 89(4B) or both;
(D) "Turnover of zero-rated supply of services" means the
    value of zero-rated supply of services made without
    payment of tax under bond or letter of undertaking,
    calculated in the following manner, namely:-
    Zero-rated supply of services is the aggregate of the
    payments received during the relevant period for zero-
    rated supply of services and zero-rated supply of services
    where supply has been completed for which payment
    had been received in advance in any period prior to the
    relevant period reduced by advances received for zero-
    rated supply of services for which the supply of services
    has not been completed during the relevant period;

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GST FLYERS

(E) "Adjusted Total turnover" means the turnover in a State
     or a Union territory, as defined under clause (112) of
     section 2, excluding ­
    (a)    the value of exempt supplies other than ze-
           ro-rated supplies and
    (b)    the turnover of supplies in respect of which re-
           fund is claimed under rule 89(4A) or 89(4B) or
           both, if any,
during the relevant period;
(F) "Relevant period" means the period for which the claim
     has been filed.
It may be noted that Rule 89(4B) has been inserted, w.e.f
23.10.2017, in CGST Rules, 2017 vide Notification no.
75/2017-Central Tax dated 29.12.2017 so as to provide that
refund of input tax credit, availed only in respect of inputs
availed in respect of inputs received under Notification
no. 40/2017-Central Tax (Rate) dated 23.10.2017 or
Notification no. 41/2017-Integrated Tax (Rate) dated
23.10.2017, or both or other inputs or input services used
in making such exports shall be granted.

Refund of ITC on account of inverted duty structure.
As per Section 54(3) of CGST Act, 2017, refund of
accumulated ITC will be granted where the credit
accumulation has taken place on account of inverted duty
structure. It may be noted that this would include even those
cases where supply has been made to merchant exporters

                              318
                  Refund of unutilised Input Tax Credit (ITC)

under Notification no. 40/2017- Central Tax (Rate) dated
23.10.2017 or notification No. 41/2017-Integrated Tax
(Rate) dated 23.10.2017 or both. However, the Government
also has the power to notify supplies where refund of ITC
will not be admissible even if such credit accumulation
is on account of an inverted duty structure. In exercise of
the powers conferred by this section, the government has
issued Notification no. 15/2017-Central Tax (Rate) dated
28.06.2017 wherein it has been notified that refund of
unutilised input tax credit shall not be allowed under sub-
section (3) of section 54 of the said CGST Act, 2017, in case
of supply of services specified in sub-item (b) of item 5 of
Schedule II of the CGST Act, 2017. The supplies specified
under item 5(b) of Schedule II are construction services.
In respect of goods, the central government has issued
Notification no. 5/2017- Central Tax (Rate) dated
28.06.2017 as amended by Notification no. 44/2017-Central
Tax (Rate) dated 14.11.2017. The government has notified
the following goods in respect of which unutilized ITC will
not be admissible as refund: -

 Sr.No      Tariff item,    Description of Goods
             heading,
          sub-heading or
             Chapter
1         5007           Woven fabrics of silk or of silk
                         waste
2         5111 to 5113   Woven fabrics of wool or of
                         animal hair



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GST FLYERS


3       5208 to 5212   Woven fabrics of cotton
4       5309 to 5311   Woven fabrics of other vege-
                       table textile fibres, paper yarn
5       5407, 5408     Woven fabrics of manmade
                       textile materials
6       5512 to 5516   Woven fabrics of manmade
                       staple fibres
6A      5608           Knotted netting of twine,
                       cordage or rope; made up fish-
                       ing nets and other made up
                       nets, of textile materials
6B      5801           Corduroy fabrics
6C      5806           Narrow woven fabrics, other
                       than goods of heading 5807;
                       narrow fabrics consisting of
                       warp without weft assem-
                       bled by means of an adhesive
                       (bolducs)"
7       60             Knitted or crocheted fabrics
                       [All goods]
8       8601           Rail locomotives powered
                       from an external source of
                       electricity or by electric accu-
                       mulators
9       8602           Other rail locomotives; lo-
                       comotive tenders; such as
                       Diesel-electric locomotives,
                       Steam locomotives and ten-
                       ders thereof


                       320
            Refund of unutilised Input Tax Credit (ITC)


10   8603             Self-propelled railway or
                      tramway coaches, vans and
                      trucks, other than those of
                      heading 8604
11   8604             Railway or tramway main-
                      tenance or service vehicles,
                      whether or not self-propelled
                      (for example, workshops,
                      cranes, ballast tampers, track
                      liners, testing coaches and
                      track inspection vehicles)
12   8605             Railway or tramway passen-
                      ger coaches, not self-pro-
                      pelled; luggage vans, post of-
                      fice coaches and other special
                      purpose railway or tramway
                      coaches, not self-propelled
                      (excluding those of heading
                      8604)
13   8606             Railway or tramway goods
                      vans and wagons, not self-pro-
                      pelled
14   8607             Parts of railway or tramway
                      locomotives or rolling-stock;
                      such as Bogies, bissel-bogies,
                      axles and wheels, and parts
                      thereof




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GST FLYERS


15        8608              Railway or tramway track fix-
                            tures and fittings; mechanical
                            (including electro-mechani-
                            cal) signalling, safety or traffic
                            control equipment for rail-
                            ways, tramways, roads, inland
                            waterways, parking facilities,
                            port installations or airfields;
                            parts of the foregoing
It has been clarified by the Government vide Circular no.
18/18/2017-GST dated 16.11.2017, that the aforesaid
notification having been issued under clause (ii) of the
proviso to sub-section (3) of Section 54 of the CGST Act,
2017, restriction on refund of unutilised input tax credit of
GST paid on inputs will not be applicable to zero rated
supplies, that is (a) export of goods or services or both;
or (b) supply of goods or services or both to a Special
Economic Zone Developer of special Economic Zone
Unit. Accordingly, as regards export of fabrics, it has been
clarified that subject to provisions of Section 54(10) of the
CGST Act, 2017, a manufacturer of such fabrics will be
eligible for refund of unutilised input tax credit of GST
paid on inputs (other than input tax credit of GST paid
on capital goods) in respect of fabrics manufactured and
exported by him.
Further, Rule 89(2) (h) of CGST Rules, 2017 stipulate that
refund claim on account of accumulated ITC (where such
accumulation is on account of inverted duty structure) has
to be accompanied by a statement containing the number


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                  Refund of unutilised Input Tax Credit (ITC)

and date of invoices received and issued during a tax period.
Rule 89(3) of CGST Rules, 2017 also provide that where
the application relates to refund of input tax credit, the
electronic credit ledger shall be debited by the applicant in
an amount equal to the refund so claimed.

Provisions similar for refund of accumulated ITC for
both types of Refund Applicants (suppliers making zero-
rated / inverted duty supplies)
Where the application relates to refund of input tax credit,
the electronic credit ledger shall be debited by the applicant
by an amount equal to the refund so claimed as per Rule
89(3) of CGST Rules, 2017.
Also, interest will be paid for any delay in sanctioning of
Refund beyond the mandated period of 60 days (as per
Rule 94 of CGST Rules, 2017).
The refund and/or interest sanctioned, if any, will be directly
credited to the bank account of the applicant.

Manual filing of refund claims
Circular no. 17/17/2017-GST dated 15.11.2017 clarifies
that till such time as full-fledged refund module is
operationalised by GSTN, manual filing of claims has been
prescribed. The application for refund of unutilized input
tax credit on inputs or input services used in making such
zero-rated supplies shall be filed in FORM GST RFD01A
on the common portal and the amount claimed as refund
shall get debited in accordance with sub-rule (3) of rule 86
of the CGST Rules, 2017 from the amount in the electronic

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GST FLYERS

credit ledger to the extent of the claim. The common portal
shall generate a proof of debit (ARN- Acknowledgement
Receipt Number) which would be mentioned in the FORM
GST RFD-01A submitted manually, along with the print
out of FORM GST RFD-01A to the jurisdictional proper
officer, and with all necessary documentary evidences as
applicable (as per details in statement 3 or 5 of Annexure
to FORM GST RFD-01), within the time stipulated for
filing of such refund under the CGST Act, 2017. It has
been further clarified vide Circular no. 24/24/2017-GST
dated 21.12.2017, that the same procedure as prescribed in
Circular no. 17/17/2017-GST dated 15.11.2017 shall be
applicable to the refund of unutilized input tax credit where
the credit has accumulated on account of rate of tax on
inputs being higher than the rate of tax on output supplies
(other than nil rated or fully exempt supplies) of goods or
services or both except those supplies which are notified by
the Government on the recommendations of the Council,
in as much as they pertain to the method of filing of the
refund claim and its processing which is consistent with the
relevant provisions of the CGST Act, 2017

Manual claims in respect of inverted duty structure
Refund claims on account of inverted duty structure shall
be filed for a tax period on a monthly basis in FORM GST
RFD-01A. However, the registered persons having aggregate
turnover of up to Rs.1.5 crore in the preceding financial
year or the current financial year and who have opted to
file FORM GSTR-1 on a quarterly basis (Notification No.
71/2017-Central Tax dated 29.12.2017 refers) shall apply


                            324
                  Refund of unutilised Input Tax Credit (ITC)

for refund on a quarterly basis. Further, it is stated that the
refund claim for a tax period may be filed only after filing
the details in FORM GSTR-1 for the said tax period. It
is also to be ensured that a valid return in FORM GSTR-
3B has been filed for the last tax period before the one in
which the refund application is being filed. Since the date
of furnishing of FORM GSTR 1 from July, 2017 onwards
has been extended while the dates of furnishing of FORM
GSTR 2 and FORM GSTR 3 for such period are yet to
be notified, it has been decided by the competent authority
to sanction refund of provisionally accepted input tax credit
at this juncture. However, the registered persons applying
for refund must give an undertaking to the effect that the
amount of refund sanctioned would be paid back to the
Government with interest in case it is found subsequently
that the requirements of clause (c) of sub-section (2) of
section 16 read with sub-section (2) of sections 42 of the
CGST Act, 2017 have not been complied with in respect of
the amount refunded. This undertaking should be submitted
manually along with the refund claim till the same is
available in FORM RFD-01A on the common portal.
In case of refund claim arising due to inverted duty structure,
the prescribed statements - Statement 1 and Statement 1A
of FORM GST RFD-01A have to be filled.
Drawback of all taxes under GST (Central Tax, Integrated
Tax, State/Union Territory Tax) should not have been
availed while claiming refund of accumulated ITC under
section 54(3)(ii) of the CGST Act, 2017. A declaration to
this effect forms part of FORM GST RFD-01A as well.


                             325
GST FLYERS

Where to file the refund claims
The registered person needs to file the refund claim with
the jurisdictional tax authority to which the taxpayer has
been assigned as per the administrative order issued in this
regard by the Chief Commissioner of Central Tax and the
Commissioner of State Tax. In case such an order has not
been issued in the State, the registered person is at liberty
to apply for refund before the Central Tax Authority or
State Tax Authority till the administrative mechanism for
assigning of taxpayers to respective authority is implemented.
However, in the latter case, an undertaking is required to be
submitted stating that the claim for sanction of refund has
been made to only one of the authorities. It is reiterated
that the Central Tax officers shall facilitate the processing
of the refund claims of all registered persons whether or not
such person was registered with the Central Government in
the earlier regime.

Modalities/Records in respect of manual refund claims
The Circular no.17/17/2017-GST dated 15.11.2017 &
Circular no. 24/24/2017-GST dated 21.12.2017 lays down
the modalities for maintenance of records in respect of
such manual refund claims, which needs to be adhered to
scrupulously. The time limits laid down in the Act need to
be followed and the prescribed forms need to be generated
manually for processing of such refund claims.

Refund amount to be sanctioned by respective authorities
Para 2.5 of Circular No. 17/17/2017-GST dated 15.11.2017


                             326
                   Refund of unutilised Input Tax Credit (ITC)

may be referred to in order to ascertain the jurisdictional
proper officer to whom the manual application for refund
is to be submitted. Where any amount claimed as refund
is rejected under rule 92 of the CGST Rules, 2017, either
fully or partly, the amount debited, to the extent of rejection,
shall be re-credited to the electronic credit ledger by an
order made in FORM GST RFD-1B until the FORM
GST PMT-03 is available on the common portal. Further,
the payment of the sanctioned refund amount shall be
made only by the respective tax authority of the Central or
State Government. Thus, the refund order issued either by
the Central tax authority or the State tax/UT tax authority
shall be communicated to the concerned counter- part tax
authority within seven working days for the purpose of
payment of the relevant sanctioned refund amount of tax or
cess, as the case may be. It must be ensured that the timelines
specified under section 54(7) of the CGST Act, 2017and
rule 91(2) of the CGST Rules, 2017 for the sanction of
refund are adhered to.

Conclusion
The GST Law provides for multiple options to the suppliers
of zero rated supplies to claim refund of taxes paid on the
input side. One of the options is export under bond or LUT
and claim refund of unutilised ITC. The law also provides
for refund of unutilised ITC where credit accumulation
is on account of inverted duty structure, subject to certain
riders. It also includes cases where supply has been made
to merchant exporters under Notification no. 40/2017-
Central Tax (Rate) dated 23.10.2017 or notification No.


                              327
GST FLYERS

41/2017-Integrated Tax (Rate) dated 23.10.2017 or both.
Time lines have been set for processing of refund claims
and claims not settled within 60 days will be paid with
interest @6%. Moreover, 90% of the claim would be paid
within 7 days of acknowledgement of claim on provisional
basis in case of claims on account of zero rated supplies.
Claims are to be filed with minimum documentation and
the refund amount will be credited directly to the claimant's
bank account. The process is online and hassle free and
with minimum interface with tax authorities.


                           ******




                            328
                    Chapter Thirty Seven



 Advance Ruling Mechanism
          in GST
Introduction
An advance ruling helps the applicant in planning his
activities, which are liable for payment of GST, well in
advance. It also brings certainty in determining the tax
liability, as the ruling given by the Authority for Advance
Ruling is binding on the applicant as well as Government
authorities. Further, it helps in avoiding long drawn and
expensive litigation at a later date. Seeking an advance ruling
is inexpensive and the procedure is simple and expeditious.
It thus provides certainty and transparency to a taxpayer
with respect to an issue which may potentially cause a
dispute with the tax administration. A legally constituted
body called Authority for Advance Ruling (AAR) can give
a binding ruling to an applicant who is a registered person
or is desirous of obtaining registration. The advance ruling
given by the Authority can be appealed before an Appellate
authority for Advance Ruling (AAAR). There are time lines
prescribed for passing an order by AAR and by AAAR.

Objectives of Advance Ruling


                             329
GST FLYERS

The broad objectives for setting up a mechanism of Ad-
vance Ruling include:

i.     provide certainty in tax liability in advance, in rela-
       tion to an activity proposed to be undertaken by the
       applicant;
ii.    attract Foreign Direct Investment (FDI);
iii.   reduce litigation;
iv.    pronounce ruling expeditiously in transparent and
       inexpensive manner;
What is an Advance Ruling?
"Advance ruling" means a decision provided by the Authority
or the Appellate Authority to an applicant on matters or
on questions specified in sub-section (2) of section 97 or
sub-section (1) of section 100 of the CGST Act, 2017, in
relation to the supply of goods or services or both being
undertaken or proposed to be undertaken by the applicant.
The definition of Advance ruling given under the Act is a
broad one and an improvement over the existing systems of
advance rulings under Customs and Central Excise Laws.
Under the present dispensation, advance rulings can be
given only for a proposed transaction, whereas under GST,
Advance ruling can be obtained for a proposed transaction
as well as a transaction already undertaken by the appellant.

What are the matters/questions specified in Section 97(2)
& Section 100(1) of the CGST Act, 2017



                             330
                          Advance Ruling Mechanism in GST

(a) classification of any goods or services or both;
(b)     applicability of a notification issued under the
      provisions of CGST Act;
(c) determination of time and value of supply of goods or
    services or both;
(d) admissibility of input tax credit of tax paid or deemed
    to have been paid;
(e) determination of the liability to pay tax on any goods or
    services or both;
(f ) whether applicant is required to be registered;
(g) whether any particular thing done by the applicant with
    respect to any goods or services or both amounts to or
    results in a supply of goods or services or both, within
    the meaning of that term.
Section 100(1) of the CGST Act, 2017 provides that con-
cerned officer, the jurisdictional officer or an applicant ag-
grieved by any advance ruling pronounced by the Authority
for Advance Ruling, may appeal to the Appellate Authority.
Thus it can be seen that a decision of the Appellate authority
is also treated as an advance ruling.

`Authority for advance ruling' (AAR) and `Appellate
authority for advance ruling' (AAAR)
The Authority for Advance Ruling (AAR) and the Appellate
Authority for Advance Ruling (AAAR) constituted under


                             331
GST FLYERS

the provisions of a State Goods and Services Tax Act or
Union Territory Goods and Services Tax Act shall be
deemed to be the Authority for advance ruling (AAR)
and Appellate Authority for Advance Ruling (AAAR) in
respect of that State or Union territory under the CGST
Act, 2017 also.
Thus it can be seen that both the Authority for Advance
Ruling (AAR) & the Appellate Authority for Advance
Ruling (AAAR) is constituted under the respective State /
Union Territory Act and not the Central Act. This would
mean that the ruling given by the AAR & AAAR will be
applicable only within the jurisdiction of the concerned state
or union territory. It is also for this reason that questions
on determination of place of supply cannot be raised with
the AAR or AAAR.

To whom the Advance Ruling is applicable
An advance ruling pronounced by AAR or AAAR shall be
binding only on the applicant who has sought the advance
ruling and on the concerned officer or the jurisdictional
officer in respect of the applicant. This clearly means that
an advance ruling is not applicable to similarly placed other
taxable persons in the State. It is only limited to the person
who has applied for an advance ruling.

Time period for applicability of Advance Ruling
The law does not provide for a fixed time period for which
the ruling shall apply. Instead, it has been provided that
advance ruling shall be binding till the period when the


                             332
                           Advance Ruling Mechanism in GST

law, facts or circumstances supporting the original advance
ruling have not changed.

However, an advance ruling shall, by an order passed by the
AAR/AAAR, be declared to be ab initio void if the AAR
or AAAR finds that the advance ruling was obtained by the
applicant by fraud or suppression of material facts or mis-
representation of facts. In such a situation, all the provisions
of the CGST/SGST Act shall apply to the applicant as if
such advance ruling had never been made (but excluding
the period when advance ruling was given and up to the
period when the order declaring it to be void is issued). An
order declaring advance ruling to be void can be passed only
after providing an opportunity of hearing to the applicant.

Procedure for obtaining Advance Ruling
The applicant desirous of obtaining advance ruling should
make application to AAR in a prescribed form and manner.
The format of the form and the detailed procedure for
making application have been prescribed in Rule 104 of the
CGST Rules, 2017.An application for obtaining 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 (Section 49 deals
with procedure of payment of tax/interest/penalty and the
mechanism to make payment through Electronic Cash and
Credit Ledgers). The application, the verification contained
therein and all the relevant documents accompanying such
application shall be signed in the manner specified in rule

                              333
GST FLYERS

26 of the CGST Rules, 2017. Rule 26 provides for the
manner of authenticating documents through Digital
Signature Certificate (DSC) or e-signature as specified in
the Information Technology Act.
Upon receipt of an application, the AAR shall send a copy of
application to the officer in whose jurisdiction the applicant
falls and call for all relevant records. The AAR may then
examine the application along with the records and may
also hear the applicant. Thereafter the AAR will pass an
order either admitting or rejecting the application.
Application for advance ruling shall not be admitted in
cases where the question raised in the application is already
pending or decided in any proceedings in the case of an
applicant under any of the provisions of CGST Act.
If the application is rejected, it should be only after an
opportunity of being heard is provided to the applicant and
by way of a speaking order giving the reasons for rejection.
If the application is admitted, the AAR shall pronounce
its ruling within ninety days of receipt of application.
Before giving its ruling, it shall examine the application and
any further material furnished by the applicant or by the
concerned departmental officer.
Before giving the ruling, AAR must hear the applicant or
his authorized representative as well as the jurisdictional
officers of CGST/SGST.
If there is difference of opinion between the two members
of AAR, they shall refer the point or points on which they


                             334
                           Advance Ruling Mechanism in GST

differ to the AAAR for hearing the issue. If the members
of AAAR are also unable to come to a common conclusion
in regard to the point(s) referred to them by AAR, then
it shall be deemed that no advance ruling can be given in
respect of the question on which difference persists at the
level of AAAR.

Appeals against order of AAR
If the applicant is aggrieved with the finding of the AAR,
he can file an appeal with AAAR. The form and manner of
filing appeal with AAAR is given in Rule 106 of the CGST
Rules, 2017. An appeal against the advance ruling 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 in the manner specified
in section 49. Similarly, if the prescribed or jurisdictional
officer of CGST/SGST does not agree with the finding
of AAR, he can also file an appeal with AAAR. The word
prescribed officer of CGST/SGST means an officer who
has been designated by the CGST/SGST administration
in regard to an application for advance ruling. In normal
circumstances, the concerned officer will be the officer
in whose jurisdiction the applicant is located. An appeal
against the advance ruling shall be made by the concerned
officer or the jurisdictional officer referred to in section 100
on the common portal in FORM GST ARA-03 and no
fee shall be payable by the said officer for filing the appeal.
The appeal (by the applicant or jurisdictional officer), the
verification contained therein and all the relevant documents
accompanying such appeal shall be signed, -


                              335
GST FLYERS

(a) in the case of the concerned officer or jurisdictional
    officer, by an officer authorised in writing by such
    officer; and
(b) in the case of an applicant, in the manner specified in
    rule 26 (DSC/e-signature).
Any appeal must be filed within thirty days from the date on
which the advance ruling is communicated to the concerned
officer, the jurisdictional officer and applicant.
The Appellate Authority must pass an order after hearing
the parties to the appeal within a period of ninety days
of the filing of an appeal. If members of AAAR differ on
any point referred to in appeal, it shall be deemed that no
advance ruling is issued in respect of the question under
appeal.

Manual Filing of applications before AAR & AAAR
As per rules 104 and 106 of the CGST Rules, 2017 the
application for obtaining an advance ruling and filing an
appeal against an advance ruling shall be made by the
applicant on the common portal. However, due to the
unavailability of the requisite forms on the common portal,
a new rule 107A has been inserted vide notification No.
55/2017-Central Tax, dated 15.11.2017, which states that
in respect of any process or procedure prescribed in Chapter
XII, any reference to electronic filing of an application,
intimation, reply, declaration, statement or electronic
issuance of a notice, order or certificate on the common
portal shall, in respect of that process or procedure, include
the manual filing of the said application, intimation, reply,

                             336
                           Advance Ruling Mechanism in GST

declaration, statement or issuance of the said notice, order or
certificate in such Forms as appended to the CGST Rules.
Circular no. 25/25/2017-GST dated 21.12.2017 prescribing
the detailed procedure for manual filing of applications for
Advance Ruling and appeals before Appellate Authority
for Advance Ruling has been issued.
Therefore, till the advance ruling module is made available
on the common portal, the following conditions and
procedure have been prescribed for the manual filing and
processing of the applications.

Form and Manner of Application to the Authority for
Advance Ruling
An application for obtaining an advance ruling under
sub-section (1) of section 97 of the CGST Act and the
rules made thereunder, shall be made in quadruplicate, in
FORM GST ARA-01. The application shall clearly state
the question on which the advance ruling is sought. The
application shall be accompanied by a fee of five thousand
rupees which is to be deposited online by the applicant, in
the manner specified under section 49 of the CGST Act.
It is reiterated that though the application shall be filed
manually till the advance ruling module is made available
on the common portal, the fee is required to be deposited
online in terms of section 49 of the CGST Act.
In order to make the payment of fee for filing an application
for Advance Ruling on the common portal, the applicant
has to fill his details using "Generate User ID for Advance
Ruling" under "User Services". After entering the email id


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GST FLYERS

and mobile number, a One Time Password (OTP) shall
be sent to the email id. Upon submission of OTP, Systems
shall generate a temporary ID and send it to the declared
email and mobile number of the applicant.
On the basis of this ID, the applicant can make the payment
of the fee of Rs. 5,000/- each under the CGST and the
respective SGST Act. The applicant is then required
to download and take a print of the challan and file the
application with the Authority for Advance Ruling.
The application, the verification contained therein and all
the relevant documents accompanying such application
shall be signed-
(a) in the case of an individual, by the individual himself
    or where he is absent from India, by some other person
    duly authorised by him in this behalf, and where the
    individual is mentally incapacitated from attending
    to his affairs, by his guardian or by any other person
    competent to act on his behalf;
(b) in the case of a Hindu Undivided Family, by a Karta
    and where the Karta is absent from India or is mentally
    incapacitated from attending to his affairs, by any
    other adult member of such family or by the authorised
    signatory of such Karta;
(c) in the case of a company, by the Chief Executive Officer
    or the authorized signatory thereof;
(d) in the case of a Government or any Governmental
    agency or local authority, by an officer authorised in


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                           Advance Ruling Mechanism in GST

    this behalf;
(e) in the case of a firm, by any partner thereof, not being a
    minor or the authorized signatory thereof;
(f ) in the case of any other association, by any member of
     the association or persons or the authorised signatory
     thereof;
(g) in the case of a trust, by the trustee or any trustee or the
    authorised signatory thereof; or
(h) in the case of any other person, by some person
    competent to act on his behalf, or by a person authorised
    in accordance with the provisions of section 48 of the
    CGST Act.

Form and Manner of Appeal to the Appellate Authority
for Advance Ruling
An appeal against the advance ruling issued under sub-
section (6) of section 98 of the CGST Act and the rules made
thereunder shall be made by an applicant in quadruplicate,
in FORM GST ARA-02 and shall be accompanied by a
fee of ten thousand rupees to be deposited online, in the
manner specified in section 49 of the CGST Act. It may be
noted that though the application shall be filed manually
till the advance ruling module is made available on the
common portal, the fee is required to be deposited online in
terms of section 49 of the CGST Act. The payment of fee
shall be made as per the procedure detailed earlier.
An appeal made by the concerned officer or the jurisdictional


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GST FLYERS

officer referred to in section 100 of the CGST Act and the
rules made thereunder shall be filed in quadruplicate, in
FORM GST ARA-03 and no fee shall be payable by the
said officer for filing the appeal. As per section 100 (2) of the
CGST Act, the appeal shall be filed within a period of thirty
days from the date on which the ruling sought to be appealed
against is communicated to the applicant or the concerned
officer or the jurisdictional officer, as the case maybe.
The appeal, the verification contained therein and all the
relevant documents accompanying such appeal shall be
signed-

a) in the case of the concerned officer or jurisdictional of-
   ficer, by an officer authorised in writing by such officer;
   and
b) in the case of an applicant, in the manner specified
     above
The application for advance ruling or the appeal before the
Appellate Authority shall be filed in the jurisdictional office
of the respective State Authority for Advance Ruling or the
State Appellate Authority for Advance Ruling respectively.
If the space provided for answering any item in the Forms
is found to be insufficient, separate sheets may be used.
Further, the application, the verification appended thereto,
the Annexures to the application and the statements and
documents accompanying the Annexures must be self-attested.
The contact details of all the AARs for all States are available
at http://www.gstcouncil.gov.in/sites/default/files/Details-
of-AAR-as-on_22-11-2017.pdf

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                          Advance Ruling Mechanism in GST

Rectification of Mistakes
The law gives power to AAR and AAAR to amend their
order to rectify any mistake apparent from the record
within a period of six months from the date of the order.
Such mistake may be noticed by the authority on its own
accord or may be brought to its notice by the applicant or
the prescribed or the jurisdictional CGST/SGST officer. If
a rectification has the effect of enhancing the tax liability
or reducing the quantum of input tax credit, the applicant
must be heard before the order is passed.

Powers and procedure of AAR and AAAR
Both the AAR and AAAR are vested with the powers
of a civil court under Code of Civil Procedure, 1908, for
discovery and inspection, enforcing the attendance of
a person and examining him on oath, and compelling
production of books of account and other records. Both the
authorities are deemed to be a civil court for the purposes
of section 195 of the Code of Criminal Procedure, 1973.
Any proceeding before the authority shall be deemed to be
judicial proceeding under section 193 and 228 and for the
purpose of section 196, of the Indian Penal Code, 1860. The
AAR and AAAR also have the power to regulate their own
procedure.

Conclusion
To conclude it can be stated that the law makes a
comprehensive provision for advance rulings to ensure
that disputes are minimal. Timelines are also given within
which the ruling is to be given by the concerned authority.

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GST FLYERS

The aim is to provide certainty to the taxpayer with respect
to his obligations under the GST Act and an expeditious
ruling, so that the relationship between the taxpayer and
administration is smooth and transparent and helps to
avoid unnecessary litigation.


                           ******




                            342
                   Chapter Thirty Eight



  Goods Transport Agency in
            GST
Background of levying tax on the services of Goods
Transport Agency
The levy of Service Tax on Road Transportation Service has
always been a contentious issue. The Finance Act, 1997 had
levied Service Tax on Goods Transport Operators w.e.f. 16-
11-1997 which was subsequently withdrawn after nation-
wide strike. Thereafter by the Finance (No. 2) Act, 2004
Service Tax was imposed on Transport of Goods by Road
service rendered by a goods transport agency with effect from
10-09-2004. However, the levy was deferred until further
notice again in view of transporters' strike. The Government
thereafter constituted a Committee to deal with the issue
and after taking into account the recommendations of the
Committee, Notification Nos. 32 to 35/2004 ­ ST all dated
03-12-2004 were issued, levying tax on Transport of Goods
by Road with effect from 01-01-2005.
The legal position prevailing under Service Tax is being
continued under the GST regime. The services of
transportation of goods by road (except services of GTA)
continue to be exempt even under the GST regime. In

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GST FLYERS

so far as the services of GTA is concerned, if the services
(of Goods Transportation) are provided (by the GTA) to
specified classes of persons, the tax liability falls on such
recipients under the reverse charge mechanism. The
following discussion will clarifythe position.

Transportation of Goods by Road
In terms of Notification no. 12/2017-Central Tax (Rate)
dated 28.06.2017 (sr.no.18), the following services are
exempt from GST
Services by way of transportation of goods (Heading 9965)-
(a) by road except the services of--
       (i) a goods transportation agency;
       (ii) a courier agency;

(b) by inland waterways.
Thus, it is to be seen that mere transportation of goods by
road, unless it is a service rendered by a goods transportation
agency, is exempt from GST.
Who is a GTA ­ Goods Transport Agency?As per Section
65B (26) of the Finance Act, 1994; "Goods Transport
Agency means any person who provides service in relation
to transport of goods by road and issues consignment note,
by whatever name called". Therefore, in the Service Tax
regime, issuance of Consignment Note (C/N) was integral
and mandatory requirement before any road transporter
could be brought within the ambit of GTA.

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                              Goods Transport Agency in GST

Position under GST
Under GST laws, the definition of Goods Transport Agency
is provided in clause (ze) of notification no.12/2017-Central
Tax (Rate) dated 28.06.2017.
(ze) "goods transport agency" means any person who
provides service in relation to transport of goods by road
and issues consignment note, by whatever name called;
Thus, it can be seen that issuance of a consignment note is
the sine-qua-non for a supplierof service to be considered
as a Goods Transport Agency. If such a consignment note
is not issued by the transporter, the service provider will
not come within the ambit of goods transport agency. If
a consignment note is issued, it indicates that the lien on
the goods has been transferred (to the transporter) and the
transporter becomes responsible for the goods till its safe
delivery to the consignee. It is only the services of such
GTA, who assumes agency functions, that is being brought
into the GST net. Individual truck/tempo operators who
do not issue any consignment note are not covered within
the meaning of the term GTA. As a corollary, the services
provided by such individual transporters who do not issue
a consignment note will be covered by the entry at s.no.18
of notification no.12/2017-Central Tax (Rate), which is
exempt from GST.

What is a consignment note?
Consignment Note is neither defined in the Act nor in the
notification no.12/2017-Central Tax (Rate). Guidance can
be taken from the meaning ascribed to the term under the

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GST FLYERS

Explanation to Rule 4B of Service Tax Rules, 1994. In
terms of the said rule, consignment note means a document,
issued by a goods transport agency against the receipt of
goods for the purpose of transport of goods by road in a
goods carriage, which is serially numbered, and contains the
name of the consignor and consignee, registration number
of the goods carriage in which the goods are transported,
details of the goods transported, details of the place of origin
and destination, person liable for paying service tax whether
consignor, consignee or the goods transport agency.

Charge of GST on services provided by GTA
In terms of notification no. 11/2017-Central Tax (Rate)
dated 28.06.2017 as amended by notification no. 20/2017-
Central tax (Rate) dated 22.08.2017 , sr.no. 9 and sr. no. 11,
(i) Services of goods transport agency (GTA) in relation to
transportation of goods (including used household goods
for personal use) (Heading 9965 &9967 respectively)
attracts GST @2.5% or 6% CGST. Identical rate would be
applicable for SGST also, taking the effective rate to 5% or
12%. However, the rate of 5%is subject to the condition
that credit of input tax charged on goods or services used in
supplying the service has not been taken. The Explanation
to the notification further clarifies that it shall mean that,-
(a) credit of input tax charged on goods or services used
exclusively in supplying such service has not been taken;
and (b) credit of input tax charged on goods or services used
partly for supplying such service and partly for effecting
other supplies eligible for input tax credits, is reversed as
if supply of such service is an exempt supply and attracts


                              346
                               Goods Transport Agency in GST

provisions of sub-section (2) of section 17 of the Central
Goods and Services Tax Act, 2017 and the rules made
thereunder.
GST @ 6% CGST (12% cumulative) is subject to the
condition that the goods transport agency opting to pay
central tax @ 6% under this entry shall, thenceforth, be
liable to pay central tax @ 6% on all the services of GTA
supplied by it. Further, there is no restriction on the GTA
from taking ITC if this option is availed.
Thus, where the GTA is not eligible to take ITC for the
supplies effected by it and the liability under GST is
discharged under reverse charge basis, the recipient of GTA
service discharging the tax liability is entitled to take Input
Tax Credit (ITC) of the amount of tax paid under reverse
charge, provided it is used in the course or furtherance of
business at his end. Further the recipient would be eligible
for ITC of the GST paid by GTA on forward charge basis.
Notification no. 11/2017-Central Tax (Rate), sr.no.11, (ii)
also provides that supporting services in transport other than
those mentioned in (i) (Heading 9967) would attractGST
@9% CGST. Identical rate would be applicable for SGST
also, taking the effective rate to 18%. Similar rate has been
prescribed for services falling under heading 9965 in terms
of notification no. 11/2017-Central Tax (Rate), sr.no. 9 (v).

Person Liable to Pay GST on GTA services
The liability to pay GST devolves on the recipientsfor
supply of services by a goods transport agency (GTA) who
has not paid central tax at the rate of 6%, in respect of

                             347
GST FLYERS

transportation of goods by road (in terms of notification no.
13/2017-Central Tax (Rate) dated 28.06.2017 (sr.no.1) as
amended by notification no. 22/2017-Central Tax (Rate)
dated 22.08.2017, if the recipients (located in the taxable
territory) belong to the following category:
(a) Any factory registered under or governed by the
    Factories Act, 1948(63 of 1948); or
(b) any society registered under the Societies Registration
    Act, 1860 (21 of 1860) or under any other law for the
    time being in force in any part of India; or
(c) any co-operative society established by or under any
    law; or
(d) any person registered under the Central Goods and
    Services Tax Act or the Integrated Goods and Services
    Tax Act or the State Goods and Services Tax Act or
    theUnion Territory Goods and Services Tax Act; or
(e) any body corporate established, by or under any law; or
(f ) any partnership firm whether registered or not under
     any law including association of persons; or
(g) any casual taxable person.
Thus in cases where services of GTA are availed by the
above categories of persons in the taxable territory the
GTA supplier has the option to pay tax (and avail ITC)
@12% (6% CGST + 6% SGST);and if the GTA does not
avail this option, the liability to pay GST will fall on the
recipients. In all other cases where the recipients do not fall


                             348
                             Goods Transport Agency in GST

in the categories mentioned above, the liability will be on
the supplierof GTA services.

GTA services specifically exempt
In terms of notification no.12/2017-Central Tax (Rate)
dated 28.06.2017 (sr.no.21), the following services provided
by a GTA (Heading 9965 or 9967) is exempt from payment
of tax:
Services provided by a goods transport agency, by way of
transport in a goods carriage of -
(a) agricultural produce;
(b) goods, where consideration charged for the
    transportation of goods on a consignment transported
    in a single carriage does not exceed one thousand five
    hundred rupees;
(c) goods, where consideration charged for transportation
    of all such goods for a single consignee does not exceed
    rupees seven hundred and fifty;
(d) milk, salt and food grain including flour, pulses and
    rice;
(e) organic manure;
(f ) newspaper or magazines registered with the Registrar
     of Newspapers;
(g) relief materials meant for victims of natural or man-
    made disasters, calamities, accidents or mishap; or


                            349
GST FLYERS

(h) defense or military equipments.
Similarly, the following services received by the GTA
(Heading 9966 or 9973) is also exempt in terms of
notification no.12/2017-Central Tax (Rate) dated
28.06.2017 (sr.no.22)

Services by way of giving on hire ­

---------------------
(b) to a goods transport agency, a means of transportation
    of goods.
Thus, if the GTA hires a means of transportation of goods,
no GST is payable on such transactions.

Significance of the term `in relation to' in the definition
of GTA
The use of the phrase `in relation to' has extended the scope
of the definition of GTA. It includes not only the actual
transportation of goods, but any intermediate/ancillary
service provided in relation to such transportation, like
loading/unloading, packing/unpacking, trans-shipment,
temporary warehousing, etc. If these services are not
provided as independent activities but are the means for
successful provision of GTA Service, then they are also
covered under GTA.

Conclusion
The above discussion shows that not all transport of goods


                            350
                               Goods Transport Agency in GST

by road is by a GTA. To qualify as services of GTA, the
GTA should be necessarilyissuing a consignment note.
Only services provided by a GTA are taxable under GST.
Services of transportation of goods by a person other than
GTA are exempt. Moreover, in cases where the service of
GTA is availed by the specified categories of persons in the
taxable territory, the recipients who avail such services are
the ones liable to pay GST and not the supplier of services
unless the GTA opts for collecting and paying taxes @ 12%
(6% CGST + 6% SGST). In all other cases where GTA
service is availed by persons other than those specified,
the GTA service supplieris the person liable to pay GST.
The GTA service supplieris not entitled to take ITC on
input services availed by him if tax is being charged @ 5%
(2.5% CGST + 2.5% SGST). In case the GTA service
supplierhires any means of transport to provide his output
service, no GST is payable on such inputs.
In a nutshell, the GST law continues the provisions prevailing
under the Service Tax regime. The law recognises that pure
transportation of goods services are mostly provided by
persons in the unorganised sector and hence has specifically
excluded such operators from the tax net. In respect of those
who provide agency services in transport, the liability is cast
on the recipients in most of the cases or unless option to pay
under forward charge has been exercised by the GTA.


                            ******




                             351
GST FLYERS




                     Chapter Thirty Nine



      GST on Charitable and
        Religious Trusts
The provisions relating to taxation of activities of charitable
institutions and religious trusts have been borrowed and
carried over from the erstwhile service tax provisions.
All services provided by such entities are not exempt. In
fact, there are many services that are provided by such
entitieswhich would be within the ambit of GST.
Notification No.12/2017-Central Tax (Rate) dated 28th
June 2017 exempts services provided by entity registered
under Section 12AA of the Income-tax Act, 1961 by way
of charitable activities from whole of GST videentry No. 1
of the notification, which specifies that "services by an entity
registered under Section 12AA of Income-tax Act, 1961 by
way of charitable activities" are exempt from whole of the
GST. Thus as per this notification, exemption is given to
the charitable trusts, only if the following conditions are
satisfied.
   a) Entities must be registered under Section 12AA of
      the Income-tax Act, and
   b) Such services or activities by the entity are by way of


                              352
                        GST on Charitable and Religious Trusts

       charitable activities.
Thus, it is essential that the activities must conform to the
term "charitable activities' which has been defined in the
notification as under
"charitable activities" means activities relating to -
       (i) public health by way of, -
               (A) care or counseling of
                      (I) terminally ill persons or persons with
                           severe physical or mental disability;
                      (II) persons afflicted with HIV or AIDS;
                      (III) persons addicted to a depen-
                      dence-forming substance such as narcotics
                      drugs or alcohol; or
               (B) public awareness of preventive health, fami-
               ly planning or prevention of HIV infection;
       (ii) advancement of religion, spirituality or yoga;
       (iii) advancement of educational programmes or skill
development relating to, -
               (A) abandoned, orphaned or homeless children;
               (B) physically or mentally abused and trauma-
       tized persons;



                                353
GST FLYERS

              (C) prisoners; or
               (D) persons over the age of 65 years residing in
       a rural area;
         (iv) preservation of environment including watershed,
forests and wildlife.
This notification makes the exemption to charitable trusts
available for charitable activities more specific. While the
income from only those activities listed above is exempt
from GST, income from the activities other than those
mentioned above is taxable. Thus, there could be many
services provided by charitable and religious trust which
are not considered as charitable activities and hence, such
services come under the GST net. The indicative list of such
services could be renting of premises by such entities, grant
of sponsorship and advertising rights during conduct of
events/functions etc.
This is also borne out from the fact that in so far as renting
out of religious precincts is concerned, there is a limited
exemption available to such entities. Activities not covered
by the specific exemption would be taxable.Entry No.13
of notification no.12/2017-Central Tax (Rate) dated 28th
June, 2017, provides the following exemption to entities
registered under Section 12AA of the Income Tax Act:
Services by a person by way of-
(a) conduct of any religious ceremony;
(b) renting of precincts of a religious place meant for general


                             354
                       GST on Charitable and Religious Trusts

    public, owned or managed by an entity registered as a
    charitable or religious trust under section 12AA of the
    Income-tax Act, 1961 (hereinafter referred to as the
    Income-tax Act) or a trust or an institution registered
    under sub clause (v) of clause (23C) of section 10 of the
    Income-tax Act or a body or an authority covered under
    clause (23BBA) of section 10 of the said Income-tax Act:
Provided that nothing contained in entry (b) of this exemption
shall apply to,-
(i) renting of rooms where charges are one thousand rupees or
    more per day;
(ii) renting of premises, community halls, kalyanmandapam
     or open area, and the like where charges are ten thousand
     rupees or more per day;
(iii) renting of shops or other spaces for business or commerce
      where charges are ten thousand rupees or more per month.
Thus, the law gives a limited exemption to renting of only
religious precincts or a religious place meant for general
public by the entity registered under Section 12AA of the
Income Tax Act. As per clause (zc) of the said notification,
the term "general public" means "the body of people at large
sufficiently defined by some common quality of public or
impersonal nature".
The term "religious place" as per the clause (zy) of the
said notification means "a place which is primarily meant
for conduct of prayers or worship pertaining to a religion,
meditation, or spirituality". Dictionary meaning of "precincts"


                             355
GST FLYERS

is an area within the walls or perceived boundaries of a
particular building or place, an enclosed or clearly defined
area of ground around a cathedral, church, temple, college,
etc.
This implies that if immovable properties owned by charitable
trusts like marriage hall, convention hall, rest house for
pilgrims, shops situated within the premises of a religious
place are rented out, income from letting out of such property
is exempt from GST.However, this exemption will not be
available if charges for renting of rooms exceed 1000 per
day or charges for renting of premises/kalyanamandapam
etc exceed 10,000 per day or renting of shops/premises for
business purposes exceed 10,000 per month. So also,if such
properties are not situated in the precincts of a religious
place meaning thereby not within walls or boundary walls
of the religious place, income from such letting out will lose
this exemption and income from it will be liable to GST.
Income from a religious ceremony organised by a charitable
trust is exempt as per the above notification. So the income
from Navratri functions,other religious functions, and
religious poojas conducted on special occasions like religious
festivals by persons so authorised for this purpose by the
charitable or religious trust are exempt from GST.
But a careful perusal of this exemption shows that all income
from such a religious ceremony is not exempt (services
other than by way of conduct of religious ceremony are
not exempt). Therefore, the nature of income is an essential
factor for ascertaining whether it will be taxable or exempt.
If income loses its religious nature, it is definitely chargeable


                              356
                          GST on Charitable and Religious Trusts

to GST. For example, if with regard to Ganeshutsav or
other religious functions, charitable trusts rent out their
space to agencies for advertisement hoardings, income
from such advertisement is chargeable to GST, as this will
be considered as income from the advertisement services.
Further, if donation for religious ceremony is received with
specific instructions to advertise the name of a donor, such
donation income will be subject to GST. But if donation for
religious ceremony is received without such instructions, it
may not be subject to GST.
Similarly, entry No.80 of notification no.12/2017-Central
Tax (Rate), provides the following exemption to an entity
registered under Section 12AA.
Services by way of training or coaching in recreational
activities relating to-
(a) arts or culture, or
(b) sports by charitable entities registered under section
    12AA of the Income-tax Act.
Thus, services provided by way of training or coaching in
recreational activities relating to arts or culture or sports by
a charitable entity will be exempt from GST.
GST on management of educational institutions by
charitable trusts: If trusts are running schools, colleges or
any other educational institutions specifically for abandoned,
orphans, homeless children, physically or mentally abused
persons, prisoners or persons over age of 65 years or above
residing in a rural area, such activities will be considered as


                                357
GST FLYERS

charitable activities and income from such supplies will be
wholly exempt fromGST.
Meaning of the word rural area defined in said notification
is rural area means the area comprised in a village as
defined in land revenue records excluding the area under
any municipal committee, municipal corporation, town area
committee, cantonment board or notified area committee
or any area that may be notified as an urban area by the
Central Government or a State Government.
Import of Services: Also as per the entry no. 10 of
Notification no.9/2017-Integrated Tax (Rate) dated
28.06.2017, if charitable trusts registered under Section
12AA of Income-tax Act receives any services from provider
of services located in non-taxable territory, for charitable
purposes, such services received are not chargeable to GST
under the reverse charge mechanism.
Services by and to Education Institutions (including
institutions run by Charitable trusts): If the trust is
running school for the purpose which is not covered above
(i.e. not coming within the scope of charitable activities as
defined in the notification), income from such activity will
not be exempt under notification no. 9/2017-Integrated Tax
(Rate) or 12/2017-Central Tax (Rate), but will be exempt
under entry 66 of notification no.12/2017-Central Tax
(Rate). Entry 66 provides for exemption w.r.t supply by and
to educational institutions andonly the following services
received by eligible educational institution are exempt:
(1) Transportation of students, faculty and staff of the eli-


                             358
                       GST on Charitable and Religious Trusts

    gible educational institution.
(2) Catering service including any mid-day meals scheme
    sponsored by the Government.
(3) Security or cleaning or house-keeping services in such
    educational institution.
(4) Services relating to admission to such institution or
    conduct of examination.
If such school or other educational institution gives property
owned by such institution on rent to others, no exemption
will be available for such services. Therefore, all services
received by educational institutions managed by charitable
trusts (for other than charitable activities, as defined) except
those services mentioned above are taxable.
GST on arranging yoga and meditation camp by
charitable trusts: Charitable trusts organise yoga camps
or other fitness camps and they generally are not free
for participants, as trusts charge some amount from the
participants in the name of accommodation or participation.
If trusts are arranging residential or non-residential yoga
camps by receiving donation or other charges from the
participants, these will not be considered charitable activities
(as it is different from advancement of religion , spirituality
or yoga). Since donation is received for participation, it
will be considered commercial activity and it will definitely
be covered under the GST. Similarly, if charitable trusts
organise fitness camps in reiki, aerobics, etc., and receive
donation from participants, such income that comes under


                              359
GST FLYERS

health and fitness services and will also be taxable.
GST on running of public libraries by charitable trusts:
No GST will be applicable if charitable trusts are running
public libraries and lend books, other publications or
knowledge-enhancing content/material from their libraries.
This activity is specifically excluded by way of entry No.
50 of Notification No. 12/2017- Central Tax Rate (and is
applicable for everyone, including charitable trusts); which
means services by private libraries are not exempt. Thus, if
donors of public library remain open to all and if it caters
to educational, informational and recreational needs of its
users and finance for such libraries can be provided from
donation, subscription, from special fund created for this
purpose or from combination of all such sources, it will be
called public library and no GST will be applicable on such
services.
GST on hospital managed by charitable trusts:Entry no.
74 of Notification No. 12/2017-Central Tax Rate (applicable
to all persons including charitable trusts) exempts healthcare
services at clinical establishment, an authorised medical
professional or paramedics. As per clause (zg), health care
services means any service by way of diagnosis or treatment
or care for illness, injury, deformity, abnormality or
pregnancy in any recognised system of medicines in India
and includes services by way of transportation of the patient
to and from a clinical establishment, but does not include
hair transplant or cosmetic or plastic surgery, except when
undertaken to restore or to reconstruct anatomy or functions
of body affected due to congenital defects, developmental
abnormalities, injury or trauma. Therefore, all treatment or

                             360
                       GST on Charitable and Religious Trusts

diagnosis or care for illness, injury, deformity, abnormality
or pregnancy by a clinical establishment is covered.
Such services provided by doctors and paramedics either
provided as an employee (clinical establishment) or in their
individual capacity is exempt. Transportation of patients
to and from a clinical establishment is also exempt. The
clinical establishment, as per clause (s),means a hospital,
nursing home, clinic, sanatorium or any other institution
by, whatever name called, that offers services or facilities
requiring diagnosis or treatment or care for illness, injury,
deformity, abnormality or pregnancy in any recognised
system of medicines in India, or a place established as an
independent entity or a part of an establishment to carry
out diagnostic or investigative services of diseases.
So, if charitable trusts run a hospital and appoint specialist
doctors, nurses and provide medical services to patients at
a concessional rate, such services are not liable to GST. If
hospitals hire visiting doctors/specialists and these deduct
some money from consultation/visit fees payable to doctors
and the agreement between hospital and consultant doctors
is such that some money is charged for providing services to
doctors, there may be GST on such amount deducted from
fees paid to doctors.
GST on services provided to charitable trusts: Services
provided to charitable trusts are not out of ambit of GST.
All services other than those specifically exempted provided
to charitable trusts will be subject to GST.
GST on supply of goods by Charitable Trusts: There is no
exemption for supply of goods by charitable trusts. Thus any


                             361
GST FLYERS

goods supplied by such charitable trusts for consideration
shall be liable to GST. For instance, sale of goodsshall be
chargeable to GST.


                           ******




                            362
                       Chapter Forty



  GST on Education Services
"Education" is not defined in the CGST Act but as per
Apex Court decision in "Loka Shikshana Trust v/s CIT",
education is process of training and developing knowledge,
skill and character of students by normal schooling.
Taxing the Education Sector has always been a sensitive
issue, as education is seen more as a social activity than
a business one. The government has a constitutional
obligation to provide free and compulsory elementary
education to every child. Thus, to promote education, it
would be beneficial if educational services are exempted
from tax. However, commercialisation of education is also a
reality. The distinction between core and ancillary education
is blurring and education is now an organised industry
with huge revenues. The GST Act tries to maintain a fine
balancewhereby core educational services provided and
received by educational institutions are exempt and other
services are sought to be taxed at the standard rate of 18%.
Classification of Education Services: Education Services
are classified in heading 9992 (as per Notification No.
11/2017-Central Tax (Rate)) and are further sub-divided
into six groups (as per the Annexure to the same notification)
comprising of Pre-primary, primary, secondary, higher,


                             363
GST FLYERS

specialised and other educational & support services as
below:

   Head-         Service             Service Description
  ing and         Code
   Group         (Tariff )
Heading
                             Education services
no. 9992
Group
                             Pre-primary education services
99921
             999210          Pre-primary education services
Group
                             Primary education services
99922
             999220          Primary education services
Group
                             Secondary Education Services
99923
                             Secondary education services,
             999231
                             general
                             Secondary education services,
             999232
                             technical and vocational
Group
                             Higher education services
99924
                             Higher education services, gen-
             999241
                             eral
                             Higher education services, tech-
             999242
                             nical




                               364
                                GST on Education Services


                       Higher education services, voca-
           999243
                       tional
           999249      Other higher education services
Group
                       Specialised education services
99925
           999259      Specialised education services
                       Other education & training
Group
                       services and educational support
99929
                       services
           999291      Cultural education services
                       Sports and recreation education
           999292
                       services
                       Commercial training and coach-
           999293
                       ing services
                       Other education and training
           999294
                       services n.e.c.
                       services involving conduct of
           999295      examination for admission to
                       educational institutions
                       Other Educational support
           999299
                       services

Rate of GST:
The rates of GST on education services (as per
Notification No. 11/2017-Central Tax (Rate),
Notification No. 11/2017-Central Tax (Rate) and
Notification No. 12/2017-Central Tax (Rate) all dated
28.06.2017 as amended) are as below:

                          365
GST FLYERS


 Chapter/     Description of Ser-      Rate / Notifica-
 Section/            vice                    tion
 Heading
9992         Education Services        18% ( 9% Central
                                       Tax + 9% State
                                       Tax)/ Serial No. 30
                                       of Notification No.
                                       11/2017-Central
                                       Tax (Rate) dated
                                       28th June, 2017
9992         Services provided ­       NIL / Serial No. 66
             (a) by an educational of Notification No.
             institution to its stu- 12/2017- Central
             dents, faculty and staff; Tax   (Rate) dated
                                       28th June, 2017
             (b) to an educational
             institution, by way of, -
             (i) transportation of
             students, faculty and
             staff;
             (ii) catering, includ-
             ing any mid-day meals
             scheme sponsored by
             the Central Govern-
             ment, State Govern-
             ment or Union terri-
             tory;
             (iii) security or clean-
             ing or housekeeping
             services performed in
             such educational insti-
             tution;


                          366
                           GST on Education Services


       (iv) services relating to
       admission to, or con-
       duct of examination
       by, such institution; up
       to higher secondary:
       Provided that nothing
       contained in entry (b)
       shall apply to an educa-
       tional institution oth-
       er than an institution
       providing services by
       way of pre-school ed-
       ucation and education
       up to higher secondary
       school or equivalent
9992   Services provided by        NIL / Serial No. 67
       the Indian Institutes       of Notification No.
       of Management, as           12/2017- Central
       per the guidelines of       Tax (Rate) dated
       the Central Govern-         28th June, 2017
       ment, to their students,
       by way of the follow-
       ing educational pro-
       grammes, except Ex-
       ecutive Development
       Programme: - (a) two
       year full time Post
       Graduate Programmes
       in Management for
       the


                     367
GST FLYERS


             Post Graduate Diplo-
             ma in Management, to
             which admissions are
             made on the basis of
             Common Admission
             Test (CAT) conducted
             by the Indian Institute
             of Management; (b)
             fellow programme in
             Management; (c) five
             year integrated pro-
             gramme in Manage-
             ment.


90 or any    Technical aids for ed-      5%/ Serial No. 257
chapter      ucation, rehabilitation,    of Schedule I of
             vocational training and     the Notification
             employment of the           No.1/2017-Cen-
             blind such as Braille       tral Tax (Rate) dat-
             typewriters,      braille   ed 28th June, 2017
             watches, teaching and
             learning aids, games
             and other instruments
             and vocational aids
             specifically adapted for
             use of the blindBraille
             instruments, paper etc.




                           368
                                   GST on Education Services


 9023          Instruments, apparatus 28 %/ Serial No.
               and models, designed 191 of Schedule IV
               for demonstrational      of the Notification
                                        No.1/2017-Cen-
               purposes (for example, tral Tax (Rate) dat-
               in education or exhi- ed 28th June, 2017
               bitions), unsuitable for
               other
               uses

Thus, services provided by an educational institution
to students, faculty and staff are exempt. Educational
Institution means an institution providing services by way
of:

i.      pre-school education and education up to higher
        secondary school or equivalent;
ii.     education as a part of a curriculum for obtaining a
        qualification recognised by any law for the time be-
        ing in force;
iii.   education as a part of an approved vocational educa-
       tion course.
Within the term "educational institution", sub-clause (ii)
covers institutions providing services by way of education
as a part of curriculum for obtaining a qualification
recognised by any law for the time being in force. This is
an area where doubts have persisted as to what would be


                             369
GST FLYERS

the meaning of "education as part of curriculum for obtaining
qualification recognised by law". GST on services being a
legacy carried forward from the Service Tax regime, the
explanation given in the Education guide of 2012 can be
gainfully referred to understand the meaning of the term
which reads as under;
What is the meaning of `education as a part of curriculum for
obtaining a qualification recognized by law'?
It means that only such educational services are in the negative
list as are related to delivery of education as `a part' of the
curriculum that has been prescribed for obtaining a qualification
prescribed by law. It is important to understand that to be in the
negative list the service should be delivered as part of curriculum.
Conduct of degree courses by colleges, universities or institutions
which lead grant of qualifications recognized by law would be
covered. Training given by private coaching institutes would not
be covered as such training does not lead to grant of a recognized
qualification.
Are services provided by way of education as a part of a prescribed
curriculum for obtaining a qualification recognized by a law of
a foreign country covered in the negative list entry?
No. To be covered in the negative list a course should be recognized
by an Indian law.
Within the term "educational institution", sub-clause (iii)
covers institutions providing services by way of education

                                370
                                   GST on Education Services

as a part of approved vocational course, and institutions
providing the above courses will come within the ambit of
the term educational institution. Notification No. 12/2017-
Central Tax (Rate) dated 28th June, 2017, defines approved
vocational education course as under:
An "approved vocational education course" means, -

(i) a course run by an industrial training institute or an
    industrial training centre affiliated to theNational
    Council for Vocational Training or State Council for
    Vocational Training offeringcourses in designated
    trades notified under the Apprentices Act, 1961 (52 of
    1961); or
(ii) a Modular Employable Skill Course, approved by the
     National Council of VocationalTraining, run by a person
     registered with the Directorate General of Training,
     Ministry of SkillDevelopment and Entrepreneurship.
It is to be noted that only those institutions whose
operations conform to the specifics given in the definition
of the term "Educational Institution", would be treated as
one and entitled to avail exemptions provided by the law.
This would mean that private coaching centres or other
unrecognized institutions, though self-styled as educational
institutions, would not be treated as educational institutions
under GST and thus cannot avail exemptions available to
an educational institution.


                             371
GST FLYERS

Thus, educational institutions up to Higher Secondary
School level do not suffer GST on output services and also
on most of the important input services. Some of the input
services like canteen, repairs and maintenance etc. provided
by private players to educational institutions were subject to
service tax in pre-GST era and the same tax treatment has
been continued in GST regime.
Thusoutput services of lodging/boarding in hostels provided
by such educational institutions which are providing pre-
school education and education up to higher secondary
school or equivalent or education leading to a qualification
recognised by law, are fully exempt from GST. Annual
subscription/fees charged as lodging/boarding charges by
such educational institutions from its students for hostel
accommodation shall therefore, not attract GST.
Similarly, output services related to the specified courses
provided by IIM's would be exempt. Executive Development
Programs run by the IIM's are specifically excluded, hence
such courses would be subject to GST.
Regarding, input services, it may be noted that where output
services are exempted, the Educational institutions may not
be able to avail credit of tax paid on the input side. The
four categories of services known as Auxiliary Education
services, which educational institutions ordinarily carry
out themselves but may obtain as outsourced services from
any other person, have been exempted (as per Notification

                             372
                                  GST on Education Services

No. 12/2017- Central Tax (Rate)). Auxiliary education
services other than what is specified above would not be
entitled to any exemption. The exemption also comes
with a rider. Such services are exempt only for educational
institutions providing services by way of education up to
higher secondary or equivalent. (from pre-school to HSC).
Thus if such auxiliary education services are provided
to educational institutions providing degree or higher
education, the same would not be exempt. For instance,
the services of conducting admission tests for admission
to colleges in case of educational institutions are providing
qualification recognized by law for the time being in force
shall not be liable to GST.

Who will pay GST?
Education Services are under forward charge. Therefore,
GST shall be paid by the supplier of services.

What will be the Place of Supply of Educational Services
where the location of supplier of services and the location
of the recipient of services is in India?
As per section 12(6) of the IGST Act, 2017, the place
of supply of services provided by way of admission to an
educationalor any other place and services ancillary thereto,
shall be the place where the event is actually heldor such
other place is located.


                            373
GST FLYERS

As per section 12(7) of the IGST Act, 2017, the place of
supply of services provided by way of, -- (a) organisation
of a cultural, artistic, sporting, scientific, educational or
entertainment event including supply of services in relation
to a conference, fair, exhibition, celebration or similar
events; or (b) services ancillary to organisation of any of the
events or services referred to in clause (a), or assigning of
sponsorship to such events, ­

i.     to a registered person, shall be the location of such
       person;
ii.    to a person other than a registered person, shall be
       the place where the event is actually held

and if the event is held outside India, the place of supply
shall be the location of the recipient.

What will be the Place of supply of Educational Services
where the location of the supplier of services or the
location of the recipient of services is outside India?
As per section 13(5) of the IGST Act, 2017, the place
of supply of services supplied by way of admission to, or
organisation of a cultural, artistic, sporting, scientific,
educational or entertainment event, or a celebration,
conference, fair, exhibition or similar events, and of services
ancillary to such admission or organisation, shall be the
place where the event is actually held.


                             374
                                   GST on Education Services

Educational Institution run by charitable organizations.
Charitable Trusts running institutions conforming to the
definition of Educational Institution as specified in the
notification would be entitled to the exemptions discussed
above. Apart from the general exemption available to all
educational institutions, charitable activities of entities
registered under Section 12AA of the Income Tax Act is
also exempt. The term charitable activities are also defined
in the notification. Thus, if trusts are running schools,
colleges or any other educational institutions or performing
activities related to advancement of educational programmes
specifically for abandoned, orphans, homeless children,
physically or mentally abused persons, prisoners or persons
over age of 65 years residing in a rural area, activities will
be considered as charitable and income from such services
will be wholly exempt from GST in terms of Notification
No.12/2017- Central Tax (Rate) dated 28th June, 2017.

Composite and Mixed Supply in so far as Education is
concerned.
Boarding schools provide service of education coupled with
other services like providing dwelling units for residence and
food. This may be a case of bundled services if the charges
for education and lodging and boarding are inseparable.
Their taxability will be determined in terms of the principles
laid down in section 2(30) read with section 8 of the CGST
Act, 2017. Such services in the case of boarding schools are

                             375
GST FLYERS

naturally bundled and supplied in the ordinary course of
business. Therefore, the bundle of services will be treated
as consisting entirely of the principal supply, which means
theservice which formsthe predominant element of such
a bundle. In this case since the predominant nature is
determined by the service of education,the other service of
providing residential dwelling will not be considered for the
purpose of determining the tax liability and in this case the
entire consideration for the supply will be exempt.
Let's take another example where a course in a college
leads to dual qualification only one of which is recognized
by law. Would service provided by the college by way of
such education be covered by the exemption notification?
Provision of dual qualifications is in the nature of two
separate services as the curriculum and fees for each of such
qualifications are prescribed separately. Service in respect of
each qualification would, therefore, be assessed separately.
If an artificial bundle of service is created by clubbing two
courses together, only one of which leads to a qualification
recognized by law, then by application of the rule of
determination of taxability of a supply which is not bundled
in the ordinary course of business, it shall be treated as a
mixed supply as per provisions contained in section 2(74)
read with section 8 of the CGST Act, 2017. The taxability
will be determined by the supply which attracts highest rate
of GST.


                             376
                                      GST on Education Services

However incidental auxiliary courses provided by way of
hobby classes or extra-curricular activities in furtherance of
overall well-being will be an example of naturally bundled
course, and therefore treated as composite supply. One
relevant consideration in such cases will be the amount of
extra billing being done for the unrecognized component
viz-a-viz the recognized course. If extra billing is being
done, it may be a case of artificial bundling of two different
supplies, not supplied together in the ordinary course of
business, and therefore will be treated as a mixed supply,
attracting the rate of the higher taxed component for the
entire consideration.
The Education guide of 2012 for the purpose of service tax
has given the following important clarifications in respect
of educational services. The same can be gainfully referred
to, for the purpose of clarity under the GST regime:
"The supply of placement services provided to educational
institutions for securing job placements for the students shall
be liable to service tax. Similarly, educational institutes such as
IITs, IIMs charge a fee from prospective employers like corporate
houses/ MNCs, who come to the institutes for recruiting
candidates through campus interviews in relation to campus
recruitments. Such services shall also be liable to service tax."

Conclusion.
Education is fundamental to the nation building process.


                               377
GST FLYERS

Right to Education is now a fundamental right of every
child in India. GST Law recognises this and provides
exemption to educational institutions,providing education
up to higher secondary school or equivalent,from the levy
of GST. Auxiliary services received by such educational
institutions for the purpose of education up to Higher
Secondary level is also exempt from GST. Other services
related to education, not covered by the exemption, would
be taxed at a standard rate of 18% with full admissibility
of ITC for such taxable services in cases where the output
service is not exempt. In a nutshell, every attempt is made
to ensure that the core educational services are fully exempt
from GST.


                            ******




                             378
                     Chapter Forty One



        GST on Co-operative
         Housing Societies
INTRODUCTION
Co-operative Housing Societies are entities registered
under the co-operative laws of the respective States.
According to Section 2(16) of the Maharashtra Co-
operative Society Act, 1960, "housing society" means a
society, the object of which is to provide its members with
open plots for housing, dwelling houses or flats; or if open
plots, the dwelling houses or flats are already acquired, to
provide its members common amenities and services.
Simply put these are a collective body of persons, who stay
in a residential society. As a collective body, they would be
supplying certain services to its members, be it collecting
statutory dues from its members and remitting to statutory
authorities, maintenance of the building, security etc.
Co-operative Housing Societies ­ whether amenable to
levy of GST
A Society is akin to a club, which is composed of its
members. So, can a service provided by a Housing Society

                             379
GST FLYERS

to its members be treated as service provided by one person
to another. The answer is yes. The following extracts of the
GST law will make the position clear.
As per Section 9 of CGST Act, 2017, levy of GST is on
supply of goods and services. As per Section 7 expression
"supply" includes­­
(a) all forms of supply of goods or services or both such as
    sale, transfer, barter, exchange, licence, rental, lease or
    disposal made or agreed to be made for a consideration
    by a person in the course or furtherance of business;
The definition of "person" in Section 2(84) (i) of the CGST
Act, 2017 specifically includes a co-operative society
registered under any law relating to co-operative societies.
Thus a registered co-operative society is a person within the
meaning of the term in the CGST Act.
The next question which arises is whether the activity of
the society can be said to be in the course or furtherance of
business. The definition of business as per section 2(17) of
the CGST Act, 2017 is as under
"business" includes­­
(a) any trade, commerce, manufacture, profession, vocation,
    adventure, wager or any other similar activity, whether
    or not it is for a pecuniary benefit;
(b) any activity or transaction in connection with or
    incidental or ancillary to sub-clause (a);



                             380
                        GST on Co-operative Housing Societies

(c) any activity or transaction in the nature of sub-clause (a),
    whether or not there is volume, frequency, continuity or
    regularity of such transaction;
(d) supply or acquisition of goods including capital goods
    and services in connection with commencement or
    closure of business;
(e) provision by a club, association, society, or any such
    body (for a subscription or any other consideration) of
    the facilities or benefits to its members;
(f ) admission, for a consideration, of persons to any
     premises;
(g) services supplied by a person as the holder of an office
    which has been accepted by him in the course or
    furtherance of his trade, profession or vocation;
(h) services provided by a race club by way of totalisator or
    a licence to book maker in such club ; and
(i) any activity or transaction undertaken by the Central
    Government, a State Government or any local authority
    in which they are engaged as public authorities.
Thus, as per section 2(17)(e) of the CGST Act, 2017provision
by a club, association, society, or any such body (for a
subscription or any other consideration) of the facilities or
benefits to its members is deemed to be a business. The
activities of the housing society would thus attract the
levy of GST and the housing society would be required to
register and comply with the GST Law.

                              381
GST FLYERS

Compliance requirements for housing societies under
GST
If the turnover of housing society is above 20 lakhs, it needs
to take registration under GST in terms of Section 22 of
the CGST Act, 2017. However, taking registration does
not mean that the housing society has to compulsorily
charge GST in the monthly maintenance bills raised on its
members. Notification No.12/2017 -Central Tax (Rate)
dated 28.06.2017 at sr.no.77 provides for the following
exemption to housing societies:
Service by an unincorporated body or a non- profit entity
registered under any law for the time being in force, to its
own members by way of reimbursement of charges or share of
contribution ­
(a) as a trade union;
(b) for the provision of carrying out any activity which is
    exempt from the levy of Goods and service Tax; or
(c) up to an amount of five thousand rupees per month per
    member for sourcing of goods or services from a third
    person for the common use of its members in a housing
    society or a residential complex
In view of the provision contained at (c) above, a society
may be registered under GST, however if the monthly
contribution received from members is less than Rs.5, 000/-
(and the amount is for the purpose of sourcing of goods
and services from a third person for the common use of its


                             382
                        GST on Co-operative Housing Societies

members), no GST is to be charged by the housing society
on the monthly bill raised by the society. However, GST
would be applicable if the monthly contribution exceeds
Rs.5, 000/-.
Certain statutory dues such as property tax, electricity
charges etc. form part of the monthly maintenance bill raised
by the society on its members. The question would arise
whether such charges should be included while computing
the monthly limit of Rs.5000/- in terms of clause (c) of
sr.no.77 of notification 12/2017 -Central Tax (Rate) dated
28.06.2017. As per clause (b) of the above exemption,
exemption is available to housing societies for provision of
carrying out any activity which is exempt from the levy of
Goods and Services Tax assuming that a housing society is a
non-profit registered entity; and property tax and electricity
is exempt from the levy of GST. Thus, charges, collected by
the society on account of property tax, electricity charges and
other statutory levies would be excluded while calculating
the limit of Rs.5,000/-.
Further, the question would then arise that if the monthly
bill is say Rs. 6,000/- (and the same is on account of services
for common use of its members), will GST be applicable
on Rs. 6,000/- or Rs.1, 000/-. In such cases, exemption is
available up to an amount of Rs.5, 000/ and GST would be
applicable on the amount in excess of Rs.5, 000/-
TRU videF.No.332/04/2017-TRU released FAQs on levy
of GST on supply of services to the Co-operative society
and has clarified as under.


                             383
GST FLYERS


S.No Question               Answer
1    The society collects   1. Services provided
     the following charges  by the Central Govern-
     from the members       ment, State Govern-
     on quarterly basis as  ment, Union territory
     follows:               or local authority to a
                            person other than busi-
      1.Property Tax-actual
                            ness entity, is exempt-
        as per Municipal
                            ed from GST. So, Prop-
        Corporation of
                            erty Tax, Water Tax, if
        Greater Mumbai
                            collected by the RWA/
        (MCGM)
                            Co-operative     Society
      2.Water Tax- Munic- on behalf of the MCGM
        ipal Corporation    from individual flat
        of Greater Mumbai owners, then GST is not
        (MCGM)              leviable.
      3.Non- Agricultural   2. Similarly, GST is not
        Tax- Maharashtra    leviable on Non-Agri-
        State Government    cultural Tax, Electricity
                            Charges etc, which are
      4.Electricity charges
                            collected under other
      5.Sinking Fund- man- statutes from individu-
        datory under the    al flat owners. However,
        Bye-laws of the     if these charges are col-
        Co-operative Soci- lected by the Society for
        eties               generation of electricity
                            by Society's generator
      6.Repairs & mainte-
                            or to provide drinking
        nance fund
                            water facility or any

                         384
                        GST on Co-operative Housing Societies


        7.Car parking              other service, then such
          Charges                  charges collected by the
                                   society are liable to GST.
        8.Non Occupancy
          Charges              3. Sinking fund, repairs
                               & maintenance fund, car
        9. Simple interest for
                               parking charges, Non-
           late payment.
                               occupancy charges or
        From the tax/ charge simple interest for late
        as listed above, on    payment, attract GST,
        which GST is not       as these charges are
        applicable.            collected by the RWA/
                               Co-operative     Society
                               for supply of services
                               meant for its members.
As per Section 23 (1) of the CGST Act, 2017, the following
persons shall not be liable to registration, namely:­­
(a) any person engaged exclusively in the business of
    supplying goods or services or both that are not liable
    to tax or wholly exempt from tax under this Act or
    under the Integrated Goods and Services Tax Act;
(b) an agriculturist, to the extent of supply of produce out
    of cultivation of land.
Thus, if the turnover of the society is less than Rs.20
Lakh or even if the turnover is beyond Rs. 20 lakhs but
the monthly contribution of individual members towards
maintenance is less than Rs.5000/- (such services being
exempt) and the society is providing no other taxable service

                             385
GST FLYERS

to its members or outsiders, then the society (essentially
exclusively providing       wholly exempt services) need
not take registration under GST.
Whether activities of Housing Societies would become
more expensive under GST
No. In the press release dated 13.07.2017, it has been
clarified as under
There are some press reports that services provided by a Housing
Society [Resident Welfare Association (RWA)] will become
expensive under GST. These are completely unsubstantiated.
It may be mentioned that supply of service by RWA
(unincorporated body or a registered non- profit entity) to its
own members by way of reimbursement of charges or share of
contribution up to an amount of five thousand rupees per month
per member for providing services and goods for the common use
of its members in a housing society or a residential complex are
exempt from GST.
Further, if the aggregate turnover of such RWA is up to Rs.20
Lakh in a financial year, then such supplies would be exempted
from GST even if charges per member are more than Rs. five
thousand.
RWA shall be required to pay GST on monthly subscription/
contribution charged from its members if such subscription is
more than Rs. 5000 per member and the annual turnover of
RWA by way of supplying of services and goods is also Rs. 20
lakhs or more. Under GST, the tax burden on RWAs will be


                              386
                         GST on Co-operative Housing Societies

lower for the reason that they would now be entitled to ITC in
respect of taxes paid by them on capital goods (generators, water
pumps, lawn furniture etc.), goods (taps, pipes, other sanitary/
hardware fillings etc.) and input services such as repair and
maintenance services. ITC of Central Excise and VAT paid
on goods and capital goods was not available in the pre-GST
period and these were a cost to the RWA.
Thus, there is no change made to services provided by the Housing
Society (RWA) to its members in the GST era.
Conclusion
In so far as tax implications on housing societies are
concerned, the position prevailing under Service Tax is
sought to be continued under GST. The tax burden under
GST will be lower as the society would be entitled to take
ITC which was hitherto not allowed under service tax.
Moreover, the exemptions given ensure that there would
be no tax burden on smaller societies where the monthly
contribution of the individual members does not exceed
Rs.5, 000/-. In a nutshell GST will be a favourable tax
regime for housing societies vis a vis service tax.


                             ******




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GST FLYERS




                    Chapter Forty Two



    Online Information Data
    Base Access and Retrieval
   (OIDAR) Services in GST
WHAT IS OIDAR?
Online Information Database Access and Retrieval services
(hereinafter referred to as OIDAR) is a category of services
provided through the medium of internet and received by
the recipient online without having any physical interface
with the supplier of such services. E.g. downloading of an
e-book online for a payment would amount to receipt of
OIDAR services by the consumer downloading the e-book
and making payment.
The IGST Act defines OIDAR to mean services whose
delivery is mediated by information technology over the
internet or an electronic network and the nature of which
renders their supply essentially automated and involving
minimal human intervention and impossible to ensure
in the absence of information technology and includes
electronic services such as, ­­


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 Online Information Data Base Access and Retrieval Services in GST


    (i) advertising on the internet;
    (ii) providing cloud services;
    (iii) provision of e-books, movie, music, software and
          other intangibles through telecommunication
          networks or internet;
    (iv) providing data or information, retrievable or
         otherwise, to any person in electronic form through
         a computer network;
    (v) online supplies of digital content (movies, television
        shows, music and the like);
    (vi) digital data storage; and
    (vii) online gaming;
WHY OIDAR ISREQUIRES A TREATMENT
DIFFERENT FROM OTHER SERVICES?
The nature of OIDAR services are such that it can be
provided online from a remote location outside the taxable
territory. A similar service provided by an Indian Service
Provider, from within the taxable territory, to recipients
in India would be taxable. Further, such services received
by a registered entity in India would also be taxable under
reverse charge. The overseas suppliers of such services
would have an unfair tax advantage should the services
provided by them be left out of the tax net. At the same
time, since the service provider is located overseas and
may not be having a presence in India, the compliance


                              389
GST FLYERS

verification mechanism become difficult. It is in such
circumstances, that the government has plans to come out
with a simplified scheme of registration for such service
providers located outside.
HOW WOULD OIDARSERVICES BE TAXABLE
UNDER GST?
For any supply to be taxable under GST, the place of supply
in respect of the subject supply should be in India. In case,
both the supplier of OIDAR Service and the recipient of
such service is in India, the place of supply would be the
location of the recipient of service i.e. it would be governed
by the default place of supply rules.
What happens in cases where the supplier of service is
located outside India and the recipient is located in India.
In such cases also the place of supply would be India and
the transaction would be amenable to tax.
WHO WILL BE RESPONSIBLE FOR PAYING THE
TAX?
In cases where the supplier of such service is located outside
India and the recipient is a business entity (registered person)
located in India, the reverse charge mechanism would get
triggered and the recipient in India who is a registered
entity under GST will be liable to pay GST under reverse
charge and undertake necessary compliances.
So far so good. Now what happens if the supplier is
located outside India and the recipient in India is an


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 Online Information Data Base Access and Retrieval Services in GST


individual consumer. In such cases also the place of
supply would be India and the transaction is amenable
to levy of GST, but the problem would be, how such
tax would be collected. It would be impractical to ask
the individual in India to register and undertake the
necessary compliances under GST for a one off purchase
on the internet.
For such cases the IGST Act provides that on supply of
online information and database access or retrieval services
by any person located in a non-taxable territory and
received by a non-taxable online recipient, the supplier of
services located in a non-taxable territory shall be the
person liable for paying integrated tax on such supply of
services.
Now if an intermediary located outside India arranges or
facilitates supply of such service to a non-taxable online
recipient in India, the intermediary would be treated as the
supplier of the said service, except when the intermediary
satisfies the following conditions.
    (a) the invoice or customer's bill or receipt issued or
        made available by such intermediary taking part in
        the supply clearly identifies the service in question
        and its supplier in non-taxable territory;
    (b) the intermediary involved in the supply does not
        authorise the charge to the customer or take part
        in its charge which is that the intermediary neither
        collects or processes payment in any manner nor


                              391
GST FLYERS

         is responsible for the payment between the non-
         taxable online recipient and the supplier of such
         services;
    (c) the intermediary involved in the supply does not
        authorise delivery; and
    (d) the general terms and conditions of the supply are
        not set by the intermediary involved in the supply
        but by the supplier of services.
HOW WOULDTHE ENTITY LOCATED OUTSIDE
INDIA COMPLY WITH THE RESPONSIBILITIES
ENTRUSTED UNDER GST?
The supplier (or intermediary) of online information and
database access or retrieval services shall, for payment of
integrated tax, take a single registration under the Simplified
Registration Scheme in Form GST REG-10. The supplier
shall take registration at Principal Commissioner of Central
Tax, Bengaluru West who has been the designated for grant
registration in such cases.
In case there is a person in the taxable territory (India)
representing such overseas supplier in the taxable territory
for any purpose, such person (representative in India)
shall get registered and pay integrated tax on behalf of the
supplier:
In case the overseas supplier does not have a physical
presence or does not have a representative for any purpose in
the taxable territory, he may appoint a person in the taxable


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 Online Information Data Base Access and Retrieval Services in GST


territory for the purpose of paying integrated tax and such
person shall be liable for payment of such tax.
Who is a Non-Taxable Online Recipient?
"non-taxable online recipient" means any Government,
local authority, governmental authority, an individual
or any other person not registered and receiving online
information and database access or retrieval services in
relation to any purpose other than commerce, industry
or any other business or profession, located in taxable
territory.
The expression "governmental authority" means an authority
or a board or any other body, ­­
    i)   set up by an Act of Parliament or a State Legislature;
         or
    ii) established by any Government,
with ninety per cent or more participation by way of
equity or control, to carry out any function entrusted to a
municipality under article 243W of the Constitution
Examples of what could be or could not be OIDAR
services
The inclusive part of the definition of OIDAR services
are only indicative and not exhaustive. To determine if a
particular service is an OIDAR service, the following test
can be applied.



                              393
GST FLYERS


Service            Whether        Whether OIDAR
                   Provision        it is    Service
                   of service   Automated
                 mediated by        and
                 information    impossible
                  technology         to
                    over the   ensure in the
                  internet or    absence of
                 an electronic information
                    network     technology
Pdf document    Yes            No            No
manually
emailed by
provider
Pdf document    Yes            Yes          Yes
automatically
emailed by
provider' s
system
Pdf document    Yes            Yes          Yes
automatically
downloaded
from site
Stock           Yes            Yes          Yes
photographs
available for
automatic
download




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 Online Information Data Base Access and Retrieval Services in GST


Online course Yes                     Yes              Yes
consisting of
pre-recorded
videos and
downloadable
pdfs
Online course Yes                     No               No
consisting of
pre-recorded
videos and
downloadable
pdfs plus
support from a
live tutor
Individually    Yes                   No               No
commissioned
content sent in
digital form
e.g.,
photographs,
reports,
medical results
Indicative List of OIDAR Services
1. Website supply, web-hosting, distance maintenance
   of programmes and equipment;
    (a) Website hosting and webpage hosting;
    (b) automated, online and distance maintenance of
        programmes;

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GST FLYERS

    (c) remote systems administration;
    (d) online data warehousing where specific data is
        stored and retrieved electronically;
    (e) online supply of on-demand disc space.
2. Supply of software and updating thereof;
    (a) Accessing or downloading software (including
        procurement/accountancy programmes and anti-
        virus software) plus updates;
    (b) software to block banner adverts showing,
        otherwise known as Banner blockers;
    (c) download drivers, such as software that interfaces
        computers with peripheral equipment (such as
        printers);
    (d) online automated installation of filters on websites;
    (e) online automated installation of firewalls.
3. Supply of images, text and information and making
   available of databases;
    (a) Accessing or downloading desktop themes;
    (b) accessing or downloading photographic or pictorial
        images or screensavers;
    (c) the digitised content of books and other electronic
        publications;
    (d) subscription to online newspapers and journals;

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 Online Information Data Base Access and Retrieval Services in GST


    (e) weblogs and website statistics;
    (f ) online news, traffic information and weather
         reports;
    (g) online information generated automatically by
        software from specific data input by the customer,
        such as legal and financial data, (in particular such
        data as continually updated stock market data, in
        real time);
    (h) the provision of advertising space including banner
        ads on a website/web page;
    (i) use of search engines and Internet directories.
4. Supply of music, films and games, including games of
   chance and gambling games, and of political, cultural,
   artistic, sporting, scientific and entertainment
   broadcasts and events;
    (a) Accessing or downloading of music on to computers
        and mobile phones;
    (b) accessing or downloading of jingles, excerpts,
        ringtones, or other sounds;
    (c) accessing or downloading of films;
    (d) downloading of games on to computers and mobile
        phones;
    (e) accessing automated online games which are
        dependent on the Internet,or other similar electronic


                              397
GST FLYERS

        networks, where players are geographically remote
        from one another.
(5) Supply of distance teaching.
    (a) Automated distance teaching dependent on the
        Internet or similar electronic network to function
        and the supply of which requires limited or no
        human intervention, including virtual classrooms,
        except where the Internet or similar electronic
        network is used as a tool simply for communication
        between the teacher and student;
    (b) workbooks completed by pupils online and marked
        automatically, without human intervention,
        The place of supply of online information and
        database access or retrieval services shall be the
        location of the recipient of services.
Filing of Returns by a person providing OIDAR service
to a non-taxable online recipient in India.
In terms of Rule 64 of CGST Rules, 2017, every registered
person providing online information and data base access
or retrieval services from a place outside India to a person
in India other than a registered person shall file return in
FORM GSTR-5A on or before the twentieth day of the
month succeeding the calendar month or part thereof.
The Central Government vide notification no.69/2017-
Central Tax dated 21.12.2017 has extended the time
limit for furnishing the return in FORM GSTR-5A for

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 Online Information Data Base Access and Retrieval Services in GST


the months of July, 2017, August, 2017, September, 2017,
October, 2017, November, 2017 and December, 2017 by 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
Integrated Goods and Services Tax Act, 2017 and rule 64
of the Central Goods and Services Tax Rules, 2017, till the
31st day of January, 2018.
It is to be noted that GSTR-5A is required to be filed only
by the service provider (or his representative) providing
OIDAR services from outside India to a non-taxable online
recipient in India. Other categories of OIDAR service
providers (like those supplying OIDAR services from
India) will have to file regular returns (GSTR 1, 2, 3/3B)
prescribed for general categories of registered persons.


                             ******




                              399
GST FLYERS




                     Chapter Forty Three



            GST Practitioners
Section 48 of the CGST Act provides for authorisation of
an eligible person to act as approved GST practitioners.
A registered person may authorise an approved GST
practitioner to furnish information, on his behalf, to the
government. The manner of approval of goods and services
tax practitioners, their eligibility conditions, duties and
obligations, manner of removal and other conditions
relevant for their functioning have been prescribed
in rule 24 and 25 of the Return Rules. Standardised
formats from GST PCT- 1 to GST PCT-5 have been
prescribed for making application for enrolment as GST
practitioner, certificate of enrolment, show cause notice
for disqualification, order of rejection of application
of enrolment, list of approved GST practitioners,
authorisation letter and withdrawal of authorisation. A
goods and services tax practitioner enrolled in any other
State or Union Territory shall be treated as enrolled in
the State/Union territory
Eligibility Criteria for becoming GST practitioner:
Rule 24 of the Return rules, provides the eligibility conditions
to get enrolled as GST Practitioner for any person who


                              400
                                             GST Practitioners

(i) is a citizen of India;
(ii) is a person of sound mind;
(iii) is not adjudged as insolvent;
(iv) has not been convicted by a competent court for an offence
     with imprisonment not less than two years, -
In addition, the person should also satisfy any of the
following conditions: -
(a) He is a retired officer of the Commercial Tax
    Department of any State Government or of the CBEC
    and had worked in a post not lower in rank than that of
    a Group-B gazetted officer for minimum period of two
    years; or
(b) he has been enrolled as a sales tax practitioner or tax
    return preparer under the existing law for a period of
    not less than five years;
(c) he has passed:
    (i) a graduate or postgraduate degree or its equivalent
        examination having a degree in Commerce, Law,
        Banking including Higher Auditing, or Business
        Administration or Business Management from
        any Indian University established by any law for
        the time being in force; or
    (ii) a degree examination of any Foreign University
         recognized by any Indian University as equivalent
         to the degree examination mentioned in sub clause

                              401
GST FLYERS

        (i); or
    (iii) any other examination notified by the Government,
          on the recommendation of the Council, for this
          purpose; or
    (iv) any degree examination of an Indian University or
         of any Foreign University recognized by any Indian
         University as equivalent of the degree examination
         or
    (v) has passed any of the following examinations,
        namely. ­
        (a) final examination of the Institute of Chartered
            Accountants of India; or
        (b) final examination of the Institute of Cost
            Accountants of India; or
        (c) final examination of the Institute of Company
            Secretaries of India.
A person desirous of becoming GST Practitioner has
to submit an application in the form GST PCT-1. The
application shall be scrutinised and GST practitioner
certificate shall be granted in the form GST PCT-2. In
case, the application is rejected, proper reasons shall have
to be mentioned in the form GST PCT-4.The enrolment
once done remains valid till it is cancelled. But no person
enrolled as a goods and services tax practitioner shall
be eligible to remain enrolled unless he passes such
examination conducted at such periods and by such

                            402
                                            GST Practitioners

authority as may be notified by the Commissioner on the
recommendations of the Council.Any person who has been
enrolled as goods and services tax practitioner by virtue of
he being enrolled as a sales tax practitioner or tax return
preparer under the existing law shall remain enrolled only
for a period of one year from the appointed date i.e. 1st July,
2017 unless he passes the said examination within the said
period of one year.
Activities by GST practitioner:
A goods and services tax practitioner can undertake any
or all of the following activities on behalf of a registered
person:
(a) furnish details of outward and inward supplies;
(b) furnish monthly, quarterly, annual or final return;
(c) make deposit for credit into the electronic cash ledger;
(d) file a claim for refund; and
(e) file an application for amendment or cancellation of
    registration.
But it has been provided that a confirmation form registered
person shall be sought where an application relating to
a claim for refund or an application for amendment or
cancellation of registration has been submitted by the
goods and services tax practitioner. In addition, a GST
practitioner shall also be allowed to appear as authorised
representative before any officer of department, Appellate


                             403
GST FLYERS

Authority or Appellate Tribunal, on behalf of such registered
person who has authorised him to be his GST practitioner.
Conditions for GST Practitioner
Any registered person may give consent and authorise a
GST practitioner in the form GST PCT -5 by listing the
authorised activities in which he intends to authorise the
GST practitioner. The registered person authorising a GST
Practitioner shall have to authorise in standard form Part A
of form GST PCT-5 and the GST practitioner will have to
accept the authorisation in Part B of the form GST PCT-
5. The GST practitioner shall be allowed to undertake only
such tasks as indicated in the authorisation form GST PCT
-5. The registered person may, at any time, withdraw such
authorisation in the prescribed form GST PCT -5.
Responsibility for correctness of particulars: The
responsibility for correctness of any particulars furnished in
the return or other details filed by the GST practitioners
shall continue to rest with the registered person on whose
behalf such return and details are furnished.
Any statement furnished by the GST practitioner shall
be made available to the registered person on the GST
Common Portal. For every statement furnished by the
GST practitioner, a confirmation shall be sought from the
registered person over email or SMS. The registered person
before confirming, should ensure that the facts mentioned
in the return are true and correct before signature. However,
failure to respond to request for confirmation shall be treated
as deemed confirmation.

                             404
                                            GST Practitioners

The GST practitioner shall prepare all statements with due
diligence and affix his digital signature on the statements
prepared by him or electronically verify using his credentials.
If the GST practitioner is found guilty of misconduct, his
enrolment will be liable to be cancelled. A show cause notice
would be issued to him in the form GST PCT-3.
List of Formats (GST Practitioner)

 Sr.
         Form No.                    Description
 No.
                   Application for Enrolment
  1.   GST PCT - 1 as Goods and Services Tax
                   Practitioner
                   Enrolment Certificate for Goods
  2.   GST PCT-02
                   and Services Tax Practitioner
                  Show Cause Notice for
  3.   GST PCT-03
                  disqualification
                  Order of Rejection of Application
                  for enrolment as GST Practitioner/
  4.   GST PCT-04
                  Or Disqualification to function as
                  GST Practitioner
                  Authorization/withdrawal of
  5.   GST PCT-05 authorization of Goods and
                  Service Tax Practitioner


                            ******




                             405
GST FLYERS




                    Chapter Forty Four



   National Anti-Profiteering
       Authority in GST
Introduction:
Any reduction in rate of tax on any supply of goods or
services or the benefit of input tax credit should have
been passed on to the recipient by way of commensurate
reduction in prices. However it has been the experience of
many countries that when GST was introduced there has
been a marked increase in inflation and the prices of the
commodities. This happened in spite of the availability of
the tax credit right from the production stage to the final
consumption stage which should have actually reduced
the final prices. This was obviously happening because the
supplier was not passing on the benefit to the consumer
and thereby indulging in illegal profiteering. National Anti-
profiteering Authority is therefore being constituted by the
central Government to examine whether input tax credits
availed by any registered person or the reduction in the tax
rate have actually resulted in a commensurate reduction
in the price of the goods or services or both supplied by
him, this is to ensure that the consumer is protected from
arbitrary price increase in the name of GST.

                             406
                National Anti-Prof iteering Authority in GST

Constitution of the Authority:
The National Anti-Profiteering Authority shall be a five-
member committee consisting of a Chairman who holds
or has held a post equivalent in rank to a Secretary to the
Government of India; and four Technical Members who
are or have been Commissioners of State tax or central tax
or have held an equivalent post under existing laws.
The Additional Director General of Safeguards under the
CBEC (Board) shall be the Secretary to the Authority.
The Authority shall cease to exist after the expiry of two
years from the date on which the Chairman enters upon his
office unless the Council recommends otherwise
Power to determine the methodology and procedure:
The Authority can determine the methodology and
procedure for determination as to whether the reduction
in the rate of tax on the supply of goods or services or
the benefit of input tax credit has been passed on by the
registered person to the recipient by way of commensurate
reduction in prices.
Duties of the Authority:
The Authority would have the following duties:
(i) to determine whether any reduction in the rate of tax
    on any supply of goods or services or the benefit of
    input tax credit has been passed on to the recipient by
    way of commensurate reduction in prices;


                            407
GST FLYERS

(ii) to identify the registered person who has not passed
     on the benefit of reduction in the rate of tax on supply
     of goods or services or the benefit of input tax credit
     to the recipient by way of commensurate reduction in
     prices;
(iii) to order,
     (a) reduction in prices;
     (b) return to the recipient, an amount equivalent to
         the amount not passed on by way of commensurate
         reduction in prices along with interest at the rate
         of eighteen per cent. from the date of collection
         of the higher amount till the date of the return
         of such amount or recovery of the amount not
         returned, as the case may be, in case the eligible
         person does not claim return of the amount or is
         not identifiable, and depositing the same in the
         Consumer Welfare Fund;
     (c) imposition of penalty; and
     (d) cancellation of registration.
Application to the Authority:
All applications from interested parties on issues of
local nature shall first be examined by the State level
Screening Committee constituted in each State by the
State Governments consisting of an officer of the State
Government, to be nominated by the Commissioner, and
an officer of the Central Government, to be nominated by

                                408
                 National Anti-Prof iteering Authority in GST

the Chief Commissioner.
The Screening Committee on being satisfied that the supplier
has not passed on the reduction in rate of tax on any supply
of goods or services or the benefit of input tax credit on to
the recipient by way of commensurate reduction in prices,
will forward the application with its recommendations to
the Standing Committee on Anti-profiteering, which shall
consist of such officers of the State Government and Central
Government as may be nominated by the GST council, for
further action.
If the Standing Committee is satisfied that there is a prima-
facie evidence to show that the supplier has not passed on
the benefit of reduction in the rate of tax on the supply of
goods or services or the benefit of input tax credit to the
recipient by way of commensurate reduction in prices, it
shall refer the matter to the Director General of Safeguards
for a detailed investigation.
Investigation:
The Director General of Safeguards shall conduct
investigation and collect evidence necessary to determine
undue profiteering and before initiation of the investigation,
issue a notice to the interested parties (and to such other
persons as deemed fit for a fair enquiry into the matter)
containing, inter alia, information on the following,
namely: -
(a) the description of the goods or services in respect of
    which the proceedings have been initiated;


                             409
GST FLYERS

(b) summary of the statement of facts on which the
    allegations are based; and
(c) the time limit allowed to the interested parties and
    other persons who may have information related to the
    proceedings for furnishing their reply.
The evidence or information presented to the Director
General of Safeguards by one interested party can be made
available to the other interested parties, participating in the
proceedings. The evidence provided will be kept confidential
and the provisions of section 11 of the Right to Information
Act, 2005 (22 of 2005), shall apply mutatis mutandis to
the disclosure of any information which is provided on a
confidential basis.
The Director General of Safeguards can seek opinion of
any other agency or statutory authorities in the discharge
of his duties. The Director General of Safeguards, or an
officer authorised by him will have the power to summon
any person necessary either to give evidence or to produce
a document or any other thing. He will also have same
powers as that of a civil court and every such inquiry will be
deemed to be a judicial proceeding.
The Director General of Safeguards will complete the
investigation within a period of three months or within
such extended period not exceeding a further period
of three months for reasons to be recorded in writing as
allowed by the Standing Committee and, upon completion
of the investigation, furnish to the Authority, a report of its
findings along with the relevant records.

                             410
                 National Anti-Prof iteering Authority in GST

Order of the Authority:
The Authority shall (after granting an opportunity of
hearing to the interested parties if so requested) within a
period of three months from the date of the receipt of the
report from the Director General of Safeguards determine
whether a registered person has passed on the benefit of
the reduction in the rate of tax on the supply of goods or
services or the benefit of input tax credit to the recipient by
way of commensurate reduction in prices.
If the Members of the Authority differ in opinion on any
point, the point shall be decided according to the opinion
of the majority.
Where the Authority determines that a registered person
has not passed on the benefit of the reduction in the rate
of tax on the supply of goods or services or the benefit of
input tax credit to the recipient by way of commensurate
reduction in prices, the Authority may order-
(a) reduction in prices;
(b) return to the recipient, an amount equivalent to
    the amount not passed on by way of commensurate
    reduction in prices along with interest;
(c) imposition of penalty as specified under the Act; and
(d) cancellation of registration under the Act.
Any order passed by the Authority shall be immediately
complied with by the registered person failing which action


                             411
GST FLYERS

shall be initiated to recover the amount in accordance with
the provisions of the Integrated Goods and Services Tax
Act or the Central Goods and Services Tax Act or the
Union territory Goods and Services Tax Act or the State
Goods and Services Tax Act of the respective States, as the
case may be.
The Authority can direct any authority of central tax, State
tax or Union territory tax to monitor the implementation of
the order passed by it.
Conclusion:
National Anti-Profiteering Authority is a mechanism
devised to ensure that prices remain under check and to
ensure that businesses do not pocket all the gains from
GST because profit is fine, but undue profiteering at the
expense of the common man is not.

                           ******




                            412
                     Chapter Forty Five



        Benefits of Goods and
         Services Tax (GST)
GST stands for Goods and Services Tax which is levied
on the supply of goods or services or both in India. GST
subsumes a number of existing indirect taxes which were
earlier levied by the Centre and State Governments
including Central Excise duty, Service Tax, VAT, Purchase
Tax, Central Sales Tax, Entry Tax, Local Body Taxes, Octroi,
Luxury Tax, etc.
It brings benefits to all the stakeholders' viz. industry,
government and the citizens. It is expected to lower the
cost of goods and services, boost the economy and make
our products and services globally competitive. GST will
make India a common national market with uniform tax
rates and procedures and removes the economic barriers,
thereby paving the way for an integrated economy at the
national level. By subsuming most of the Central and State
indirect taxes into a single tax and by allowing a set-off of
prior-stage taxes for the transactions across the entire value
chain, GST would mitigate the ill effects of cascading and
thereby improve competitiveness of Indian Industry.


                             413
GST FLYERS

GST is a destination based consumption tax. It has been
designed in a manner so that tax is collected at every stage
and the credit of tax paid at the previous stage is available
to set off the tax to be paid at the next stage of transaction
thereby eliminating cascading of taxes. This eradicates "tax
on tax" and allows cross utilization of input tax credits which
benefit the industry by making the entire supply chain tax
neutral.
GST will give a major boost to the `Make in India'
initiative of the Government by making goods or services
produced or provided in India competitive in the national
and international markets. Further, all imported goods will
be charged with integrated tax (IGST) which will be more
or less equivalent to Central GST + State GST. This brings
parity in taxation on local and imported products.
Under the GST regime, exports are zero rated in entirety
unlike the earlier system where refund of some taxes was
not allowed due to fragmented nature of indirect taxes
between the Centre and the States. All taxes paid on the
goods or services exported or on the inputs or input services
used in the supply of such export goods or services shall
be refunded. The principle of exporting only the cost of
goods or services and not taxes would be followed. This
will boost Indian exports thereby improving the balance of
payments position. Exporters are being facilitated by grant
of provisional refund of 90% of their claims within seven
days of issue of acknowledgement of their application,
thereby resulting in the easing of position with respect to
cash flows.

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                    Benef its of Goods and Services Tax (GST)

GST is expected to bring buoyancy to the Government
Revenue by widening the tax base and improving the taxpayer
compliance. GST is likely to improve India's ranking in the
Ease of Doing Business Index and is estimated to increase
the GDP by 1.5% to 2%.
GST prevents cascading of taxes by providing a
comprehensive input tax credit mechanism across the
entire supply chain. Such a seamless availability of Input
Tax Credit across goods or services at every stage of supply
will enable streamlining of business operations.
Uniform GST rates will reduce the incentive for evasion by
eliminating rate arbitrage between neighbouring States and
that between intra and inter-State sales.
Harmonization of laws, procedures and rates of tax
makes compliance easier and simple. There are common
definitions, common forms/ formats, common interface
through GST portal resulting in efficiencies and synergies
across the board. This will also remove multiple taxation of
same transactions and inter-State disputes like the ones on
entry tax and e-commerce taxation existing today. All this
will also help in reduction in compliance costs, alleviate
the need for multiple record keeping for a variety of taxes
leading to lesser investment of resources and manpower in
maintaining records.
Common procedures for registration of taxpayers, refund
of taxes, uniform formats of tax return, common tax base,
common system of classification of goods or services along


                            415
GST FLYERS

with timelines for every activity will lend greater certainty
to taxation system.
GST is largely technology driven. The interface of the
taxpayer with the tax authorities is through the common
portal (GSTN). There are simplified and automated
procedures for various processes such as registration, returns,
refunds, tax payments, etc. All processes, be it of applying
for registration, filing of returns, payment of taxes, filing
of refund claims etc. , is done online through GSTN. The
input tax credit will be verified online. Electronic matching
of input tax credit all - across India will make the process
more transparent and accountable. This will encourage a
culture of compliance. This will greatly reduce the human
interface between the taxpayer and the tax administration
leading to speedy decisions.
Average tax burden on trade and industry is likely to come
down, which is expected to reduce prices resulting in more
consumption, which in turn means more production and
thereby boosting the growth of the industries. The removal
of cascading of taxes and increased transparency will make
the citizens more informed about the taxes they pay while
purchasing goods or services. GST will boost domestic
demand, create more opportunities for domestic business
and drive job creation. GST might not be the panacea for
all the ills of indirect tax system but is also not far from that.
One Nation, One Market, One Tax

                              ******

                               416
                      Chapter Forty Six



        Special Audit in GST
Introduction:
GST is a trust based taxation regime wherein the assessee is
required to self-assess his returns and determine tax liability
without any intervention by the tax official. Therefore, a tax
regime that relies on self-assessment has to put in place a
robust audit mechanism to measure and ensure compliance
of the provisions of law by the taxable person.
"Audit" has been defined in section 2(13) of the CGST Act,
2017 and it means the examination of records, returns and
other documents maintained or furnished by the registered
person under the GST Acts or the rules made thereunder or
under any other law for the time being in force to verify the
correctness of turnover declared, taxes paid, refund claimed
and input tax credit availed, and to assess his compliance
with the provisions of the GST Acts or the rules made
thereunder.
Types of Audit:
GST envisages three types of Audit. The first audit is by a
chartered accountant or a cost accountant. Every registered
person whose aggregate turnover during a financial year

                             417
GST FLYERS

exceeds two crore rupees has to get his accounts audited
by a chartered accountant or a cost accountant and furnish
a copy of audited annual accounts and a reconciliation
statement, duly certified, in FORM GSTR-9C.
In the second type which is the normal audit, the
Commissioner or any officer authorised by him, can
undertake audit of any registered person for such period, at
such frequency and in such manner as may be prescribed.
The third type of audit is called the Special Audit. In Special
Audit the registered person can be directed to get his records
including books of account examined and audited by a
chartered accountant or a cost accountant during any stage
of scrutiny, inquiry, investigation or any other proceedings;
depending upon the complexity of the case.
Procedure:
   · During the scrutiny, inquiry, investigation or any
     other proceedings of a registered person, the Assistant
     Commissioner or any officer senior to him, having
     regard to the nature and complexity of the case and
     the interest of revenue, might be of the opinion that
     the value has not been correctly declared or the credit
     availed is not within the normal limits.
   · In such cases, with the prior approval of the
     Commissioner, the Assistant Commissioner or
     any officer senior to him can direct the registered
     person in FORM GST ADT-03 to get his records
     including books of account examined and audited by


                             418
                                    Special Audit in GST

   a specified chartered accountant or a cost accountant
   .The chartered accountant or a cost accountant will
   be nominated by the Commissioner.
· The chartered accountant or cost accountant so
  nominated has to submit a report of such audit
  within the period of ninety days, duly signed and
  certified by him to the Assistant Commissioner.
· On an application made by the registered person
  or the chartered accountant or cost accountant or
  for any material and sufficient reason, the Assistant
  Commissioner can extend the said period by a
  further period of ninety days.
· The provisions of special audit shall have effect even
  if the accounts of the registered person have been
  audited under any other provisions of the GST Act
  or any other law for the time being in force.
· The registered person shall be given an opportunity
  of being heard in respect of any material gathered on
  the basis of special audit and which is proposed to be
  used in any proceedings against him under this Act
  or the rules made thereunder.
· The expenses of the examination and audit of records,
  including the remuneration of such chartered
  accountant or cost accountant, shall be determined
  and paid by the Commissioner.
· On conclusion of the special audit, the registered
  person shall be informed of the findings of the

                        419
GST FLYERS

       special audit in FORM GST ADT-04.
   · Where the special audit results in detection of tax not
     paid or short paid or erroneously refunded, or input
     tax credit wrongly availed or utilised, the process of
     demand and recovery will be initiated against the
     registered person.
Conclusion:
Special audit provides a lawful and legal way for the GST
officers to take the assistance of a chartered accountant or
cost accountant to determine tax liabilities in complex cases.
The professional expertise of a chartered accountant or cost
accountant will be of great significance in ensuring that the
interest of revenue is safeguarded at all times.

                            ******




                             420
                    Chapter Forty Seven



TDS Mechanism under GST
Under the GST regime, section 51 of the CGST Act, 2017
prescribes the authority and procedure for `Tax Deduction at
Source'. The Government may order the following persons
(the deductor) to deduct tax at source:
(a) a department or establishment of the Central
    Government or State Government; or
(b) local authority; or
(c) Governmental agencies; or
(d) such persons or category of persons as may be notified
    by the Government on the recommendations of the
    Council.
The tax would be deducted @1% of the payment made to
the supplier (the deductee) of taxable goods or services or
both, where the total value of such supply, under a contract,
exceeds two lakh and fifty thousand rupees (excluding
the amount of central tax, State tax, Union territory tax,
integrated tax and cess indicated in the invoice). Thus,
individual supplies may be less than Rs. 2, 50,000/-, but if
contract value is more than Rs. 2, 50,000/-, TDS will have


                            421
GST FLYERS

to be deducted. However, no deduction shall be made if
the location of the supplier and the place of supply is in a
State or Union territory which is different from the State,
or as the case may be, Union territory of registration of the
recipient. This can be explained in the following situations.
    a) Supplier, place of supply and recipient are in the
       same state. It would be intra-state supply and TDS
       (Central plus State tax) shall be deducted. It would
       be possible for the supplier (i.e. the deductee) to
       take credit of TDS in his electronic cash ledger.
    b) Supplier as well as place of supply are in different
       states. In such cases, integrated tax would be levied.
       TDS to be deducted would be TDS (Integrated
       tax) and it would be possible for the supplier (i.e.
       the deductee) to take credit of TDS in his electronic
       cash ledger.
    c)   Supplier as well as place of supply are in State
         A and recipient is located in State B. The supply
         would be intra-State supply and Central tax and
         State tax would be levied. In such case, transfer of
         TDS (Central tax + State tax State B) to the cash
         ledger of the supplier (Central tax + State tax of
         State A) would be difficult. So in such cases, TDS
         would not be deducted.
Thus, when both the supplier as well as place of supply are
different from that of recipient, no tax deduction at source
would be made.


                            422
                                     TDS Mechanism under GST

Registration of TDS deductors: A TDS deductor has
to compulsorily register without any threshold limit. The
deductor has a privilege of obtaining registration under
GST without having required to obtain PAN. He can
obtain registration using his Tax Deduction and Collection
Account Number (TAN) issued under the Income Tax Act,
1961.
Deposit of TDS with the government: The amount of tax
deducted at source should be deposited to the Government
account by the deductor by 10th of the succeeding month.
The deductor would be liable to pay interest if the tax
deducted is not deposited within the prescribed time limit.
TDS Certificate: A TDS certificate is required to be
issued by deductor (the person who is deducting tax) in
Form GSTR-7A to the deductee (the supplier from whose
payment TDS is deducted), within 5 days of crediting the
amount to the Government, failing which the deductor
would be liable to pay a late fee of Rs. 100/- per day from
the expiry of the 5th day till the certificate is issued. This late
fee would not be more than Rs. 5000/-. For the purpose of
deduction of tax specified above, the value of supply shall
be taken as the amount excluding the central tax, State tax,
Union territory tax, integrated tax and cess indicated in the
invoice.
For instance, suppose a supplier makes a supply worth Rs.
1000/- to a recipient and the GST @ rate of 18% is required
to be paid. The recipient, while making the payment of Rs.
1000/- to the supplier, shall deduct 1% viz Rs. 10/- as TDS.


                               423
GST FLYERS

The value for TDS purpose shall not include 18% GST.
The TDS, so deducted, shall be deposited in the account
of government by 10th of the succeeding month. The TDS
so deposited in the government account shall be reflected
in the electronic cash ledger of the supplier (i.e. deductee)
who would be able to use the same for payment of tax or
any other amount. The purpose of TDS is just to enable the
government to have a trail of transactions and to monitor
and verify the compliances.
TDS Return: The deductor is also required to file a return in
Form GSTR-7 within 10 days from the end of the month.
If the supplier is unregistered, name of the supplier rather
than GSTIN shall be mentioned in the return. The details of
tax deducted at source furnished by the deductor in FORM
GSTR-7 shall be made available to each of the suppliers
in Part C of FORM GSTR-2A electronically through the
Common Portal and the said supplier may include the same
in FORM GSTR-2. The amounts deducted by the deductor
get reflected in the GSTR-2 of the supplier (deductee). The
supplier can take this amount as credit in his electronic cash
register and use the same for payment of tax or any other
liability.
Consequences of not complying with TDS provisions:

    S/
                Event                  Consequence
    No.
1         TDS not deducted      Interest to be paid along
                                with the TDS amount; else
                                the amount shall be deter

                             424
                                    TDS Mechanism under GST


                             mined and recovered as per
                             the law.
2       TDS certificate not Late fee of Rs. 100/- per
        issued or delayed day subject to a maximum
        beyond the pre- of Rs. 5000/-
        scribed period of
        five days
3       TDS deducted but Interest to be paid along
        not paid to the gov- with the TDS amount; else
        ernment or paid lat- the amount shall be deter-
        er than 10th of the mined and recovered as per
        succeeding month the law.
4       Late filing of TDS Late fee of Rs. 100/- for ev-
        returns              ery day during which such
                             failure continues subject to
                             a maximum amount of five
                             thousand rupees.
Any excess or erroneous amount deducted and paid to the
government account shall be dealt for refund under section
54 of the CGST Act, 2017. However, if the deducted
amount is already credited to the electronic cash ledger of
the supplier, the same shall not be refunded.
The GST Council in their 22nd meeting held on 6th October,
2017 at New Delhi decided that operationalization of TDS/
TCS provisions shall be postponed till 31.03.2018.


                           ******


                            425
GST FLYERS




                   Chapter Forty Eight



 TCS Mechanism under GST
Tax Collection at Source (TCS) has similarities with TDS,
as well as has distinctive features also. TDS refers to tax
which is deducted when recipient of goods or services
makes some payments under a contract etc. while TCS
refers to tax which is collected by the electronic commerce
operator when a supplier supplies some goods or services
through its portal and the payment for that supply is
collected by the electronic commerce operator. We will
discuss the exact nature of TCS with an example. There
are many e-Commerce operators [hereinafter referred to as
an Operator], like Amazon, Flipkart, Jabong, etc. operating
in India. These operators displays / lists on their portal
products as well as services which are actually supplied by
some other person to the consumer. The goods or services
belonging to other suppliers are displayed on the portals
of the operators and consumers buy such goods/services
through these portals. On placing the order for a particular
product/ services the actual supplier supplies the selected
product/services to the consumer. The price/consideration
for the product/services is collected by the Operator from
the consumer and passed on to the actual supplier after
deducting his commission by the Operator.The Government


                            426
                                   TCS Mechanism under GST

has placed the responsibility on the Operator to collect the
`tax' at a rate of 1% from the supplier. This shall be done by
the Operator by paying the supplier the price of the product
/services, less the tax, calculated at the rate of 1%. The said
amount will be calculated on the net value of the goods/
services supplied through the portal of the operator.
Suppose a certain product is sold at Rs. 1000/- through an
Operator by a seller. The Operator would deduct tax @ 1%
of the net value of Rs. 1000/- i.e. Rs. 100/-.
Let us have a look at the statutory provisions relating to
TCS.
Registration: The ecommerce operator as well as the
supplier supplying goods or services through an operator
need to compulsorily register under GST. The threshold
limit of Rs. 20 lakhs (10 lakhs for special category states)
is not applicable to them. Section 24(x) of the CGST Act,
2017 makes it mandatory for every e-Commerce Operator
to get registered under GST. Similarly, section 24(ix) of
the CGST Act, 2017 makes it mandatory for every person
who supplies goods/services through an Operator to get
registered under GST.
Power to collect tax: Section 52 of the CGST Act, 2017
provides for Tax Collection at source, by e-Commerce
operator in respect of the taxable supplies made through
it by other suppliers, where the consideration in respect of
such supplies is collected by him.
TCS Statement: The amount of tax so collected by the


                             427
GST FLYERS

operator is required to be deposited by the 10th of the
following month, during which such collection is made. The
operator is also required to furnish a monthly statement in
Form GSTR-8 by the 10th of the following month. The
Operator is also required to file an Annual statement in
prescribed form by the 31st of December following the end
of every financial year. The Operator can rectify errors in
statements filed, if any, latest by the return to be filed for the
month of September, following the end of every financial
year.
The details furnished by the operator in GSTR-8 shall be
made available electronically to each of the suppliers in Part
C of FORM GSTR-2A on the Common Portal after the
due date of filing of FORM GSTR-8.
Credit of tax collected: The tax collected by the operator
shall be credited to the cash ledger of the supplier who
has supplied the goods/services through the Operator. The
supplier can claim credit of tax collected and reflected in
the return by the Operator in his [supplier's] electronic cash
ledger.
Matching of details of supplies: The details of the supplies,
including the value of supplies, submitted by every operator
in the statements will be matched with the details of supplies
submitted by all such suppliers in their returns. If there is
any discrepancy in the value of supplies, the same would be
communicated to both of them. If such discrepancy in value
is not rectified within the given time, then such amount
would be added to the output tax liability of such suppler.


                               428
                                    TCS Mechanism under GST

The supplier will have to pay the differential amount of
output tax along with interest.
Notice to the Operator: An officer not below the rank of
Deputy Commissioner can issue notice to an Operator
asking him to furnish details relating to volume of goods/
services supplied, stock of goods lying in warehouses/
godowns, etc. The Operator is required to furnish such
details within 15 working days. In case an Operator fails
to furnish the information, besides being liable for penal
action under section 122 shall also be liable for penalty up
to Rs. 25,000/-
The GST Council in their 22nd meeting held on 6th October,
2017 at New Delhi decided that operationalization of TDS/
TCS provisions shall be postponed till 31.03.2018.

                           ******




                            429
GST FLYERS




                     Chapter Forty Nine



   Inspection, Search, Seizure
           and Arrest
In any tax administration the provisions for Inspection,
Search, Seizure and Arrest are provided to protect the
interest of genuine tax payers (as the Tax evaders, by evading
the tax, get an unfair advantage over the genuine tax payers)
and as a deterrent for tax evasion. These provisions are also
required to safeguard Government's legitimate dues. Thus,
these provisions acts as a deterrent and by checking evasion
provide a level playing field to genuine tax payers.
2. It may be mentioned that the options of Inspection,
   Search, Seizure and Arrest are exercised, only in
   exceptional circumstances and as a last resort, to protect
   the Government Revenue. Therefore, to ensure that
   these provisions are used properly, effectively and the
   rights of tax payers are also protected, it is stipulated
   that Inspection, Search or Seizure can only be carried
   out when an officer, of the rank of Joint Commissioner
   or above, has reason to believe the existence of
   such exceptional circumstances. In such cases the
   Joint Commissioner may authorise, in writing, any
   other officer to cause inspection, search and seizure.

                             430
                        Inspection, Search, Seizure and Arrest

    However, in case of arrests the same can be carried out
    only where the person is accused of offences specified
    for this purpose and the tax amount involved is more
    than specified limit. Further, the arrests under GST
    Act can be made only under authorisation from the
    Commissioner.
3. The circumstances which may warrant exercise of these
   options are as follows: -
    (i) Inspection
    `Inspection' is a softer provision than search which
    enables officers to access any place of business or of
    a person engaged in transporting goods or who is
    an owner or an operator of a warehouse or godown.
    As discussed above the inspection can be carried out
    by an officer of CGST/SGST only upon a written
    authorization given by an officer of the rank of Joint
    Commissioner or above a Joint Commissioner or an
    officer higher in rank can give such authorization only
    if he has reasons to believe that the person concerned
    has done one of the following actions:
        (a) Suppression of any transaction relating to
            supply of goods or services or stock in hand;
        (b) Claimed excess input tax credit;
        (c) Contravention of any provisions of the Act or
            the Rules to evade tax;
        (d) Transporting or keeping goods which escaped

                            431
GST FLYERS

             payment of tax or manipulating accounts or
             stocks which may cause evasion of tax;
Inspection can also be done of the conveyance, carrying a
consignment of value exceeding specified limit. The person
in charge of the conveyance has to produce documents /
devices for verification and allow inspection. Inspection
during transit can be done even without authorisation of
Joint Commissioner.
    (ii) Inspection in movement
        (a) Any consignment, value of which is
            exceeding Rs. 50,000/-, may be stopped at
            any place for verification of the documents
            /devices prescribed for movement of such
            consignments.
        (b) If on verification of the consignment, during
            transit, it is found that the goods were
            removed without prescribed document or the
            same are being supplied in contravention of
            any provisions of the Act then the same can
            be detained or seized and may be subjected to
            penalties as prescribed.
        (c) To ensure transparency and minimise
            hardships to the trade the law provides that if
            during verification, in transit, a consignment
            is held up beyond 30 minutes the transporter
            can feed details on the portal. This will ensure
            accountability and transparency for all such


                           432
                    Inspection, Search, Seizure and Arrest

        verifications. Moreover, for verification during
        movement of consignment will also be done
        through Digital interface and therefore the
        physical intervention will be minimum and as
        has already been mentioned that in case of a
        delay beyond 30 minutes the transporter can
        feed the details on the portal.
(iii) Search& Seizure
The provisions of search and seizure also provides
enough safeguards and the GST Law stipulates that
search of any place of business etc. can be carried out
only under authorisation from an officer of the rank of
Joint Commissioner and if he has a reason to believe
that the person concerned has done at least one of the
following:-
    (a) Goods liable to confiscation or any documents
        /books/record/things, which may be useful for
        or relevant to any proceedings, are secreted in
        any place then all such places can be searched;
    (b) All such goods/documents/books/record/
        things may be seized, however, if it is not
        practicable to seize any such goods then the
        same may be detained. The person from whom
        these are seized shall be entitled to take copies/
        extracts of seized records;
    (c) The seized documents/books/things shall be
        retained only till the time the same are required


                        433
GST FLYERS

             for examination /enquiry/proceedings and if
             these are not relied on for the case then the
             same shall be returned within 30 days from
             the issuance of show cause notice;
       (d) The seized goods shall be provisionally
           released on execution of bond and furnishing
           a security or on payment of applicable tax,
           interest and penalty;
       (e) In case of seizure of goods, a notice has to be
           issued within six months, if no notice is issued
           within a period of six months then all such
           goods shall be returned. However, this period of
           six months can be extended by Commissioner
           for another six months on sufficient cause;
       (f) An inventory of the seized goods/documents/
           records is required to be made by the officer
           and the person, from whom the same are
           seized, shall be given a copy of the same.
       (g) To ensure that the provisions for search and
           seizure are implemented in a proper and
           transparent manner, the Act stipulates that
           the searches and seizures shall be carried
           out in accordance with the provisions of
           Criminal Procedure Code, 1973. It ensures
           that any search or seizure should be made
           in the presence of two or more independent
           witnesses, a record of entire proceedings is


                           434
                    Inspection, Search, Seizure and Arrest

        made and forwarded to the Commissioner
        forthwith.
(iv) Arrests
In the administration of taxation the provisions for
arrests are created to tackle the situations created by
some unscrupulous tax evaders. To some these may
appear very harsh but these are necessary for efficient
tax administration and also act as a deterrent and
instil a sense of discipline. The provisions for arrests
under GST Law have sufficient inbuilt safeguards to
ensure that these are used only under authorisation
from the Commissioner. Besides this, the GST Law
also stipulates that arrests can be made only in those
cases where the person is involved in offences specified
for the purposes of arrest and the tax amount involved
in such offence is more than the specified limit. The
salient points of these provisions are:-
    (a) Provisions for arrests are used in exceptional
        circumstance and only with prior authorisation
        from the Commissioner.
    (b) The law lays down a stringent criteria and
        procedure to be followed for arresting a person.
        A person can be arrested only if the criteria
        stipulated under the law for this purpose is
        satisfied i.e. if he has committed specified
        offences (not any offence) and the tax amount
        is exceeding rupees 200 lakhs. However, the


                        435
GST FLYERS

             monetary limit shall not be applicable if the
             offences are committed again even after being
             convicted earlier i.e. repeat offender of the
             specified offence scan be arrested irrespective
             of the tax amount involved in the case.
       (c) Further, even though a person can be arrested
           for specified offences involving tax amount
           exceeding Rs.200 lakhs, however, where the tax
           involved is less than Rs. 500 lakhs, the offences
           are classified as non-cognizable and bailable
           and all such arrested persons shall be released
           on Bail by Deputy/Assistant Commissioner.
           But in case of arrests for specified offences
           where the tax amount involved is more than
           Rs. 500 lakhs, the offence is classified as
           cognizable and non-bailable and in such cases
           the bail can be considered by a Magistrate
           only.

                           ******




                            436
                         Chapter Fifty



       Appeals and Review
      Mechanism under GST
Introduction
Tax laws (or any laws, for that matter) impose obligations.
Such obligations are broadly of two kinds: tax-related
and procedure-related. The taxpayer's compliance with
these obligations is verified by the tax officer (by various
instruments such as scrutiny, audit, anti-evasion, etc.), as a
result of which sometimes there are situations of actual or
perceived non-compliance. If the difference in views persists,
it results into a dispute, which is then required to be resolved.
Tax law recognizes that on any given set of facts and laws,
there can be different opinions or viewpoints. Hence, it is
likely that the taxpayer may not agree with the "adjudication
order" so passed by the tax officer. It is equally possible
that the Department may itself not be in agreement with
the adjudication order in some cases. It is for this reason
that the statute provides further channels of appeal, to both
sides.
However, since the right to appeal is a statutory right, the
statute also places reasonable fetters on the exercise of that

                              437
GST FLYERS

right. The time limits prescribed by the statute for filing of
appeals and the requirement of pre-deposit of a certain sum
before the appeal can be heard by the competent authority
are examples of such fetters on the statutory right.
GST being implemented in our country is a dual GST i.e.
to say every supply attracting the levy will be leviable to
both central tax and state tax. So does this mean that if a
taxpayer is aggrieved by any such transaction, he will have
to approach both the authorities for exercising his right of
appeal? The answer is a plain NO. The Act makes provisions
for cross empowerment between CGST and SGST/
UTGST officers so as to ensure that if a proper officer
of one Act (say CGST) passes an order with respect to a
transaction, he will also act as the proper officer of SGST
for the same transaction and issue the order with respect to
the CGST as well as the SGST/UTGST component of the
same transaction. The Act also provides that where a proper
officer under one Act(say CGST) has passed an order, any
appeal/review/revision/rectification against the said order
will lie only with the proper officers of that Act only (CGST
Act)So also if any order is passed by the proper officer of
SGST, any appeal/review/revision/rectification will lie with
the proper officer of SGST only.
Appellate Mechanism
A person who is aggrieved by a decision or order passed
against him by an adjudicating authority, can file an appeal
to the Appellate Authority (AA, for short). It is important
to note that it is only the aggrieved person who can file


                             438
                   Appeals and Review Mechanism under GST

the appeal. Also, the appeal must be against a decision or
order passed under the Act. It is to be noted that no appeals
whatsoever can be filed against the following orders:-
(a) an order of the Commissioner or other authority
    empowered to direct transfer of proceedings from one
    officer to another officer;
(b) an order pertaining to the seizure or retention of books
    of account, register and other documents; or
(c) an order sanctioning prosecution under the Act; or
(d) an order passed under section 80 (payment of tax in
    instalments).
The time limit for the party to file an appeal before the
AA is 3 months from the date of communication of the
impugned order. But the AA may condone a delay of up to
one month, if he is satisfied that there was sufficient cause
for such delay.
The AA has to follow the principles of natural justice ­ such
as hearing the appellant, allowing reasonable adjournments
(not more than 3), permitting additional grounds (if found
reasonable), etc. The AA can also make such further inquiry
as may be necessary.
On conclusion of the appeal process, the AA will pass his
order (Order-in-Appeal) which may confirm, modify or
annul the decision or order appealed against but shall not
refer the case back to the authority that passed the said
decision or order. The AA can also increase the "rigour"

                             439
GST FLYERS

of the order appealed against by enhancing any fee or
penalty or fine in lieu of confiscation or confiscating goods
of greater value or reducing the amount of refund or input
tax credit, but this can only be done after the AA has given
to the appellant a reasonable opportunity of showing cause
against the proposed order. Further, if the AA is of the
opinion that any tax has not been paid or short-paid or
erroneously refunded, or where input tax credit has been
wrongly availed or utilized, no order requiring the appellant
to pay such tax or input tax credit shall be passed unless the
appellant is given notice to show cause against the proposed
order and the order is passed within the time limit specified
under section 73 or Section 74 of the CGST Act, 2017.
The Order-in-appeal has to be a "speaking order" i.e. it
should state the points for determination, the decision
thereon and the reasons for the decision. The law provides
an advisory time limit of 1 year from date of filing of appeal
for the AA to decide the appeal.
Appeals before Tribunal
The Tribunal is the second level of appeal, where appeals
can be filed against the orders-in-appeal passed by the AA
or order in revision passed by revisional authority, by any
person aggrieved by such an order-in-appeal/Order in
revision.
The law envisages constitution of a two tier Tribunal i.e.
National Bench/Regional Benches and the State Bench/
Area Benches. Jurisdiction of the two constituents of
the GST Tribunal is also defined. If place of supply is

                             440
                  Appeals and Review Mechanism under GST

one of the issues in dispute, then the National Bench/
Regional benches of the Tribunal will have jurisdiction
to hear the appeal. If the dispute relates to issues other
than the place of supply, then the State/Area Benches will
have the jurisdiction to hear the appeal. An appeal from
the decision of the National Bench will lie directly to the
Supreme Court and an appeal from the decision of the
State Bench will lie to the jurisdictional High Court on
substantial questions of law.
Appeal to the Tribunal by the aggrieved person is to be
filed within 3 months from the communication of the order
under appeal. Further, Tribunal has the power to condone
delay (of up to 3 months in case of appeals or 45 days in
case of cross objections, beyond the mandatory period) on
being satisfied that there is sufficient cause for the delay.
The Tribunal has the discretion not to admit any appeal
involving an amount of Rs. Fifty Thousand or less.
The law also provides for filing of cross-objections by the
respondent against such part of the order against which
the respondent may initially not have chosen to file an
appeal. It is provided that on receipt of notice that an
appeal has been filed (by the appellant), the party against
whom the appeal has been preferred (i.e. the respondent)
may, notwithstanding that he may not have appealed
against such order or any part thereof, file within 45 days
a memorandum of cross-objections against any part of the
order appealed against and such memorandum shall be
disposed of by the Appellate Tribunal as if it were an appeal
presented within the time specified for the initial appeal.

                            441
GST FLYERS

Condonation of delay (on sufficient cause) applies here also,
but only to the extent of further 45 days from the date of
expiry of the period for filing cross objections. The form,
fees, etc. for the appeals to Tribunal shall be as prescribed
by Rules.
The Tribunal after hearing both sides may pass such orders
thereon as it thinks fit, confirming, modifying or annulling
the decision or order appealed against or may refer the case
back to the AA or to the revisional authority, or to the
original adjudicating authority, with such directions as it
may think fit, for a fresh adjudication or decision, as the
case may be, after taking additional evidence, if necessary.
For reasons of natural justice (reasonable opportunity) it
is also provided that the Tribunal may, if sufficient cause is
shown, grant up to 3 adjournments to either side.
Concept of pre-deposit
As mentioned earlier, the right to appeal is a statutory right
which operates within the limitations placed on it by the
law. One such limitation flows from the principle that an
appellant must first deposit the adjudged dues before his
further appeal can be heard. However, often an appellant
may succeed in his appeal, and hence it would (in retrospect)
be unfair to saddle him with this financial burden. To
balance these factors, tax laws mandate some "pre-deposit"
so as to discourage frivolous appeals and also safeguard the
bonafide interests of both the taxpayers and the revenue.
The CGST Act, 2017 require an appellant before AA to
pre-deposit full amount of tax, interest, fine, fee and

                             442
                   Appeals and Review Mechanism under GST

penalty, as is admitted by him, arising from the impugned
order and a sum equal to 10% of the remaining amount of
tax in dispute arising from the impugned order.
In so far as appeals to the Tribunal is concerned, no appeal
can be filed before the Tribunal unless the appellant has
deposited in full, such part of the amount of tax, interest,
fine, fee and penalty arising from the impugned order, as is
admitted by him, and a sum equal to 20% of the remaining
amount of tax in dispute, in addition to the amount
deposited before the AA, arising from the said order, in
relation to which appeal has been filed.
If the pre-deposit made by the appellant before the AA or
Tribunal is required to be refunded consequent to any order
of the AA or of the Tribunal, as the case may be, interest
at the rate specified in Section 56 shall be payable from the
date of payment of the amount (and not from the date of
order of AA or of the Tribunal) till the date of refund of
such amount.
Appeals by the Department (CGST/SGST) before the
AA/Tribunal
At times, the Department itself is not in agreement with
the decision or order passed by the (initial) adjudicating
authority or the appellate authority. The GST Law
provides that in such cases, the Department can file what is
commonly known as a "review application/appeal".
The GST Law gives powers to the Commissioner to
review any order passed by his subordinates acting either


                             443
GST FLYERS

as an adjudicating authority, or the appellate authority or
revisional authority. If the Commissioner is of the view that
any order passed by such authorities are not legal and proper,
he can direct any officer subordinate to him to apply to the
competent authority. For example, if the order of adjudicating
authority is reviewed, he can order his subordinate to file an
appeal before the appellate authority. If the order of the
appellate authority or the revisional authority is reviewed,
he can direct his subordinate to file an appeal before the
Tribunal. The grounds for appeal will be mentioned in his
order. The review of the order and the consequent filing of
appeal by the subordinate has to be done within a period of
six months from the date of communication of the order.
The resultant review application is required to be dealt with
by the AA or the Tribunal as if it were an appeal made
against the decision or order of the adjudicating authority
and the statutory provisions relating to appeals shall, so far
as may be, apply to such application.
Revision by Commissioner (CGST/SGST)
The GST Act also provides for the mechanism of revision,
by the Revisional Authority, of the orders passed by his
subordinate officers. If the Revisional Authority on
examination of the case records is of the view that the
decision or order passed by any officer subordinate to him is
erroneous in so far as it is prejudicial to the interest of the
revenue, and is illegal or improper or has not taken into account
material facts, he may, if necessary, stay the operation of such
decision or order for such period as he deems fit and after
giving the person concerned an opportunity of being heard

                              444
                  Appeals and Review Mechanism under GST

and after making such further inquiry as may be necessary,
pass such order, as he thinks just and proper, including
enhancing or modifying or annulling the said decision or
order.
The above power is subject to the condition that non-
appealable orders and decision cannot be revised. Further
the power of revision cannot be exercised if: -
    (a) the order has been subject to an appeal before AA
        or Tribunal or High Court or Supreme Court; or
    (b) the period of six months (from the date of
        communication of order) has not yet expired
        or more than three years have expired after the
        passing of the decision or order sought to be
        revised; or
    (c) the order has already been taken for revision at an
        earlier stage; or
    (d) the order sought to be revised is a revisional order
        in the first place:
    If the said decision or order involves an issue on which
    the Appellate Tribunal or the High Court has given
    its decision in some other proceedings and an appeal
    to the High Court or the Supreme Court against such
    decision of the Appellate Tribunal or the High Court
    is pending, the period spent between the date of the
    decision of the Appellate Tribunal and the date of the
    decision of the High Court or the date of the decision


                            445
GST FLYERS

    of the High Court and the date of the decision of the
    Supreme Court shall be excluded in computing the
    period of limitation of 3 years where proceedings for
    revision have been initiated by way of issue of a notice
    under section 108 of the CGST Act, 2017.
However, the Revisional Authority may pass an order on
any point which has not been raised and decided in an
appeal before AA/Tribunal/HC/SC, before the expiry of a
period of one year from the date of the order in such appeal
or before the expiry of a period of three years from the date
of initial order, whichever is later.
Concept of authorised representative
Any person who is entitled or required to appear before
a GST Officer or the AA or the Tribunal in connection
with any proceedings under the Act, may appear through an
authorised representative (except when he is required under
the Act to appear personally for examination on oath or
affirmation).
  For this purpose, "authorised representative" has been
defined in the Act itself. Broadly, it includes a relative, a
regular employee, an advocate, a chartered accountant, a
cost accountant, a company secretary, or any person with
prescribed qualifications. It is also provided that indirect
tax gazetted officers can appear as authorised representative
after one year from retirement.
 The GST law also provides for some disqualifications
for an authorised representative such as dismissal from


                             446
                    Appeals and Review Mechanism under GST

government service, conviction under some specified Acts,
insolvency, misconduct, etc. Such orders of disqualification
are, however, required to be passed after following the
principles of natural justice.
Appeal to the High Court
The law provides that either side (department or party) if
aggrieved by any order passed by the State Bench or Area
Bench of the Tribunal may file an appeal to the High Court
and the High Court may admit such appeal if it is satisfied
that the case involves a substantial question of law. It is to be
noted that on facts, the tribunal is the final authority.
Appeals to the High Court are to be filed within 180 days,
but the HC has the power to condone delay on being
satisfied of sufficient cause for the same.
  On being satisfied that a substantial question of law is
involved, the High Court shall formulate that question,
and the appeal shall be heard only on the question so
formulated. However, the High Court has the power to
hear the appeal on any other substantial question of law if
it is satisfied that the case involves such question. The High
Court shall decide the questions of law so formulated and
deliver such judgment thereon containing the grounds on
which such decision is founded and may award such cost
as it deems fit. The High Court may determine any issue
which has not been determined by the Tribunal or has been
wrongly determined by the Tribunal, by reason of a decision
on such questions of law.


                              447
GST FLYERS

Appeal to the Supreme Court
The law provides for appeals to the Supreme Court from
any judgment or order passed by the High Court, in any
case which, on its own motion or on an oral application
made by or on behalf of the party aggrieved, immediately
after passing of the judgment or order, the High Court
certifies to be a fit one for appeal to the Supreme Court.
A (direct) appeal shall also lie to the Supreme Court from
any orders passed by the National/Regional Bench of the
Tribunal. It may be noted that the National/Regional
Bench of the Tribunal has jurisdiction to entertain appeal
if the dispute or one of the issues in dispute involves place
of supply.
                            ******




                             448
                     Chapter Fifty One



              Recovery of Tax
1. All tax administration occasionally comes across a
situation where the tax dues are not paid correctly by the
tax payers, most of the times inadvertently and sometimes
deliberately. To minimise the inadvertent short payment
of taxes the concept of `Matching' of details of `Outward
supplies' of supplier with the details of `Inward supplies' of
recipient has been introduced in the GST Act. Moreover,
the self-assessed tax has to be paid by due date prescribed
under the GST Act and in case of any failure to pay the same
by due date the Input Tax Credit will not be available to his
customers and also the tax payer will not be able to file any
return for further period. Effectually these provisions works
as a Self-Policing system and takes care of any mis-match
in the payment of taxes. However, despite these provisions
there may arise some instances where the tax was not paid
correctly. To deal with all such situations the provisions for
Recovery are incorporated in any tax law. Accordingly, the
GST Act contains elaborate provisions for recovery of tax
under various situations, which can be broadly classified
into following two categories: -
i.   Tax short paid or erroneously refunded or input tax


                             449
GST FLYERS

     credit wrongly availed; and
ii. Non-payment of self-assessed tax or amount collected
    as representing the Tax.
2. The incidence of the short payment of tax or erroneous
refund or wrong availment of input tax credit may be
because of an inadvertent bonafide mistake (Normal Cases)
or it may be a deliberate attempt (Fraud Cases) to evade the
tax. Since the nature of offence is totally different in both
type of incidences, hence separate provisions for recovery of
the tax and amount of penalty have been made to deal with
any of such type of cases. Besides these there are provisions
to encourage voluntary compliance such as no penalty or
lesser penalty if the tax dues along with interest, are paid
within specified time limit/incidence. The Table below
gives a comprehensive chart of provisions for voluntary
compliance:-
                        Amount         Amount
 Sr. Action by Tax     of Penalty     of Penalty
 No.     Payer         payable--      payable--       Re-
                                                     marks
                        Normal           Fraud
                         Cases           Cases
1.    Tax amount,     No Penalty     15% of the
                                                    The penalty
      along with      and no         Tax amount
                                                    shall also
      interest, paid  Notice shall   and no
                                                    be not
      before issuance be issued.     Notice shall
                                                    chargeable
      of Notice.                     be issued.




                             450
                                              Recovery of Tax


2.    Tax amount,        No    25% of             in cases
      along with               the Tax
                         Penalty. All             where
      interest, paid           amount. All
                         proceedings              the self-
      within 30 days     deemedproceedings        assessed
      of issuance of     to be deemed             tax or any
      Notice.                  to be
                         concluded.               amount
                               concluded.         collected
3.    Tax amount,   10% of the 50% of             as tax is
      along with    Tax amount the Tax            paid (with
      interest,     or Rs.     amount. All        interest)
      paid within   10,000/-, proceedings         within 30
      30 days of    whichever deemed              days from
      communication is higher  to be              the due
      of Order.                concluded.         date of
                                                  payment.
4.    Tax amount,        10% of the 100% of the
      along with         Tax amount Tax amount.
      interest, paid     or Rs.
      after 30 days of   10,000/-,
      communication      whichever
      of Order.          is higher

3. As can be seen from the foregoing para that for all types
of incidences of short payment or erroneous refund or wrong
availment of Input Tax credit, there are incentive for the
person who accepts his tax liability and readily discharge the
same. The law provides an opportunity for payment of tax,
interest and a Nil or nominal penalty (depending on nature
of offence) before issuance of Notice and emphatically
stipulates that in all such cases no Notice shall be issued
and consequently there shall be no other consequences for


                               451
GST FLYERS

any of the default. However, this is not the end of the road
and there is another chance to discharge tax and interest
liability with Nil or nominal penalty (depending on nature
of offence) within 30 days of issuance of the Notice and
the law provides that all proceedings in respect of the said
Notice shall be deemed to be concluded. If it becomes
inevitable to issue a show cause notice and thereafter pass
an Order, the GST Act ensures a timely completion of all
these procedures by providing a fixed timeline for issuance
of notice and order-as follows:-

Sr. No.                                            Time for
           Nature of   Time for issuance of
                                                  issuance of
            Case             Notice
                                                     Order
1.        Normal       Within 2 years and      Within 3 years
          Cases        9 months from the       from the due
                       due date of filing of   date of filing
                       Annual Return for       of Annual
                       the Financial Year to   Return for
                       which the demand        the Financial
                       pertains or from date   Year to which
                       of erroneous refund.    the demand
                                               pertains or
                                               from date of
                                               erroneous
                                               refund.




                              452
                                                Recovery of Tax


2.         Fraud        Within 4 years and      Within 5 years
           Cases        6 months from the       from the due
                        due date of filing of   date of filing
                        Annual Return for       of Annual
                        the Financial Year      Return for
                        to which the demand     the Financial
                        pertains or from date   Year to which
                        of erroneous refund.    the demand
                                                pertains or
                                                from date of
                                                erroneous
                                                refund.
3.         Any          No time limit.          Within one
           amount                               year from the
           collected                            date of issue of
           as tax but                           notice.
           not paid
4.         Non-         No need to issue a show cause notice.
           payment      Recovery proceedings can be started
           of self-     directly. Penalty, @ 10% of the Tax
           assessed     amount or Rs. 10,000/-, whichever
           tax          is higher, shall also be payable if the
                        period of non-payment exceeds 30 days
                        from the due date of payment of tax.

The GST Act also ensures timely disposal of cases by
further providing that if the Order is not issued within the
stipulated time limit of three years or five years, as the case
may be, the adjudication proceedings shall be deemed to
be concluded. From all these provisions it is clear that the
non-payment of self-assessed tax or the amount collected


                              453
GST FLYERS

as representing the tax has been treated differently than
the other short payments and in case of these two the only
opportunity for paying the same without incurring any
penalty is if it is paid, with interest, within 30 days from the
due date of payment.
4. All these provisions make it clear that there are sufficient
opportunities to make amend and discharge the tax
liability with nil or nominal penalties. However, there are
disincentives also for the person who fails to utilise these
beneficial provisions. Besides that, the law also provides
that the Board may fix certain monetary limits for not filing
an Appeal against any order. It means if any order is passed
in favour of the assessee the department will not pursue
the case further by filing Appeals if the amount involved is
less than the specified limit. At present, under the existing
laws, the monetary limits for not filing an appeal to various
judicial forums are follows: -
    i.   Tribunal- Rs. 10 Lakhs
    ii. High Courts- Rs. 20 Lakhs and
    iii. Supreme Court- Rs. 25 Lakhs
5. The recovery proceedings are final step towards realisation
of any tax or amount, which has been confirmed as payable
after following the due process of adjudication by the
proper officer. Therefore, if the tax dues and other amounts
remain unpaid, despite all these beneficial provisions, and
the tax payer fails to pay the dues after the orders are passed
and statutory limit of 3 months is over then the proper


                              454
                                              Recovery of Tax

officer may initiate recovery proceedings. These recovery
provisions under the CGST Act, 2017 lays down a well-
defined procedure which is as follows:-
    i.   Any amount payable, in pursuance to any order
         passed in this matter, is required to be paid within
         3 months from the date of receipt of order and
         the tax payer should pay the same within this
         time limit. However, it may be mentioned that in
         certain cases, considering the interest of revenue,
         this period of 3 months may be reduced.
    ii. If the payable amount is not paid within the
        specified time limit of 3 months then recovery
        proceedings shall be initiated and various actions
        may be taken by the recovery officer, for realisation
        of Government dues. These options for recovery
        of government dues includes deduction of money
        from any amount payable to such tax payer, by
        detaining and selling any goods, by directing any
        other person from whom the money is due to
        such person, attaching any moveable (Including
        Negotiable Instruments and Shares) and/or
        immovable property belonging to the defaulter etc.
    iii. However, considering various business aspects the
         provisions for payment of all such amounts, other
         than self-assessed tax, in instalments have also been
         made in the Act. A person can avail this benefit
         of payment in instalments, by making application
         to the Commissioner by specifying reasons for


                             455
GST FLYERS

       such request. On receipt of such application the
       Commissioner may allow payment of amount
       in instalments, subject to maximum 24 monthly
       instalments and on payment of applicable interest.
       Here it may be noted that if there is default in
       payment of any one instalment then the whole
       outstanding balance shall become due and payable
       immediately.


                         ******




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