Input Tax Credit. Issues with possible solutions (including cancellation, opt for composition) and other aspects. CA Venugopal Gella

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1 Input Tax Credit Availment, Migration Restrictions, to GST Jobwork and other aspects Issues with possible solutions (including cancellation, opt for composition) ICAI Webcast < CA Venugopal Gella

2 Objective of session Migration to GST Opt for composition scheme Amend / Cancellation of provision registration Issues & Possible 2

3 Migration Process 3

4 Migration of Existing Taxpayers to GST Sec 139 Every person registered under any of the existing laws and having a valid PAN will be issued a provisional registration certificate (PRC) Final RC will be granted by Central / State Government on furnishing of the prescribed information The PRC shall be liable to be cancelled if the conditions so prescribed are not complied with Such PRC issued to a person not liable for registration under GST shall be deemed to have not been issued if the registration is cancelled upon filing an application by such person Person who is eligible to pay tax under composition scheme and who has been issued a PRC, may opt to pay composition tax in the time and manner prescribed. In case he does not pay tax under composition, he shall be liable to pay tax at normal rates

5 Migration of Existing Taxpayers to GST Sec 139 Every person, other than a TDS deductor or an ISD, registered under an existing law, having a valid PAN shall enroll on the Common Portal by validating his address and mobile number Such persons shall be issued a PRC in FORM GST REG-25 A taxable person who was having multiple registrations under the existing law on the basis of a single PAN, shall be granted only one provisional registration under the Act Every person who has been issued a PRC, shall submit an application in FORM GST REG-26, along with the specified information and documents, on the Common Portal, within 3 months If the particulars furnished are found correct and complete, the proper officer shall issue the certificate of registration in FORM GST REG-06

6 Migration of Existing Taxpayers to GST Sec 139 In case of non-furnishing or incorrect submission of the information, the proper officer shall cancel the provisional registration by issuing an order in FORM GST REG-28, after serving a notice to show cause in FORM GST REG-27 and giving an opportunity of being heard The show cause notice issued as above can be vacated by issuing an order in FORM GST REG-20, if it is found, upon personal hearing, that no such cause exists for which the notice was issued Every person registered under any of the existing laws, who is not liable to be registered under the Act may, submit an application within 30 days of the appointed day, in FORM GST REG-29, for cancellation of the registration granted to him and the proper officer shall, cancel the said registration

7 GST Enrolment/ Migration Process Provisional registration REG -25 within the 3 month, furnish information in REG-26 Issue order for cancellation in REG -28 REG-25 is valid for 3 month validity + extended By officers For further info SCN under REG -27 Apply for cancellation within 30 days (30 th Sept17) in REG -29 Practically, we have already filed REG-26 by providing all the info and documentation Pre-GST. Now, we have to wait until we get notice by officer seeking further information. Else, final registration certificate would be granted in REG-06 within 3 months. 7

8 GST Enrolment/ Migration Process : STATUS Pending for Processing Pending for Clarification Pending for Order Approved Application filed successfully. Pending with Tax Officer for Processing. Officer has 3 working days to process. Notice for seeking clarification issued by officer. File Clarification within 7 days of date of notice on portal. Clarification filed successfully by Applicant. Pending with Tax Officer for Order. He has 7 working days to pass order. Application is Approved. GSTIN and password ed to Applicant. Rejected Application is Rejected by tax officer. 8

9 Additional Registrations Vertical Registration Each State separate Registration ISD Registration 9

10 NEW registration : Go to Click on Register Now Fill primary details like Legal Name, PAN, State, District, ID and mobile number for OTP TRN (Temporary Registration Number) will be generated

11 After TRN Register Now >> enter TRN >> provide OTP Submit the application with DSC or e-signature as the case may be Once the application is submitted, proper officer shall raise SCN if any or shall approve the application for registration No query within 3 days, application shall be auto approved If SCN is raised, tax payer shall reply to SCN within 7 days

12 GST Migration Related Issues Q. Complete Part-B of Enrolment Form to get Permanent Registration Certificate Ans. Portal is not open for the same, it can be done once it is open As replied by GST helpdesk personnel Q. Not able to submit with DSC or e-signature Ans. Check for system compatibility, register DSC on gst portal, install and run em-signer as administrator, click on submit

13 GST Migration Related Issues Q. Not able to view or download certificate from the portal Ans. It is due to incomplete information provided in the portal, please call help desk and raise ticket Q. Provisional ID has been cancelled, or unable to migrate to GST for any reason Ans. Please apply for NEW registration on the GST Common Portal at

14 GST Migration Related Issues Q. When will Final Registration Certificate (REG-06) be issued? Issued after verification of documents by authorized Centre/ State officials by concerned jurisdiction(s). GST portal have not been allotted the GST REG-06 (Permanent Registration), even if they have filed GST REG 26 (Part B). Q. Can I cancel my migrated registration certificate? Yes. Functionalities are not operational. Q. Whether ISD registration can be taken Yes. Apply in REG-01 by selecting nature of business as ISD in table 14 14

15 GST Migration Related Issues Can amendments be made after the enrolment application is submitted? Yes, you can amend the Enrolment Application. Functionalities are not operational. To do so, login with valid credentials and access Amendment link on Dashboard. You can amend the Enrolment Application only if: Can the mobile number and e- mail address given at the time of enrolment be changed after enrolment? Yes, the mobile number and address can be updated. All communications will be sent to the updated mobile phone number and address of the primary authorized signatory. I received an that my Jurisdiction has been updated? Why has my Jurisdiction been updated? Who has updated my Jurisdiction? In case the Jurisdiction details are wrongly entered, the Tax Official can update the Jurisdiction details in the enrolment application. In such cases, the enrolment application will be approved/ rejected/ asked for clarification by the Tax Official of the revised Jurisdiction. 15

16 GST Migration Related Issues My enrolment number has been cancelled, what shall I do? Reasons could be, Old reg cancelled, Declaration given that you are not liable under GST while filing ST-3 return. You can contact GSTN helpdesk and get resolved. In case of any issue, create new registration by refereeing old Reg number. How do we declare CMP-03 to reversing ITC on closing stock Functionalities are not operational. However, you can make calculation and be ready, account in Books. 16

17 GST New Registration Related Issues Q. While trying for vertical registration error PAN already exists Ans. Change the combination of ID and phone number provided Q. Where do I find State jurisdiction and center jurisdiction? Ans. Choose state jurisdiction based on PIN code and center jurisdiction by clicking on the link provided above center jurisdiction field. Q. Status of application is Pending for order Ans. Query is raised by proper officer, reply to SCN

18 GST New Registration Related Issues Q. Not able to download SCN Ans. SCN can be downloaded and replied before expiry of 7 working days. Q. If not replied to SCN within 7 days? Ans. Apply for fresh registration Q. Application submitted, certificate not received Ans. Certificate can be downloaded by logging in, user ID and password will be received over to the registered address

19 Composition Scheme 19

20 Application 20

21 GST Registration Due dates Reason Due Dates Opt for Composition Scheme 16 th August 2017 Cancellation of Registration 30 th September 2017 [Functionality is not made available in GSTN website] New Registration Within 30 days from the date of liability 21

22 GST Opt for Composition Scheme 22

23 GST Network services Available Services Upcoming Service New registration Clarification Opt for composition scheme ISD / SEZ registration GST Practitioners Cancellation Amendment Casual Tax payer Non-Resident Tax payer (would be available near future) 23

24 Other Aspects GST Migration 24

25 GST Name board on Place of business GSTIN: 29AAFBX5874Q1ZB 25

26 GST Name board on Place of business Display of GSTIN number: In the name board exhibited at the entry of principal place of business; and At every additional place of business Display of registration certificate: At his principal place of business; and At every additional place of business 26

27 Content of Invoice The name, address and GSTIN of the supplier, A consecutive serial (16 digit) number containing only alphabets, numerical and special character ( / or - ), unique for a financial year, Date of its issue, The name, address and GSTIN/Unique ID Number, if registered, of the recipient, Name and address of the recipient and the address of delivery, along with the name of state and its code - if such recipient is unregistered and where the taxable value of supply is fifty thousand rupees or more; HSN code of goods and Service Description of goods/services; Quantity in case of goods and unit or Unique quantity code thereof; 27

28 Content of Invoice Total value of goods or services; Taxable value of goods or services taking into account discount or abatement, if any; Rate of tax (CGST, SGST, IGST); and Amount of tax charged Place of supply (Name of the State) Place of delivery where the same is different from the place of supply; Whether the tax is payable on reverse charge; The word Revised Invoice or Supplementary Invoice, as the case may be, indicated prominently, along with the date and invoice number of original invoice; and Signature or digital signature 28

29 Venugopal. G venu@vnv.ca 29