GST Update M.S. CHHAJED & CO. GST UPDATE 2/

Similar documents
CONTENTS AT A GLANCE DIRECT TAX INDIRECT TAX CORPORATE LAWS

F. No. CBEC/20/16/4/2018-GST Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs GST Policy Wing

Insolvency Professionals to act as Interim Resolution Professionals or Liquidators (Recommendation) Guidelines, 2018

Post and Telecommunications

REPORT ON THE WORKING OF THE MATERNITY BENEFIT ACT, 1961 FOR THE YEAR 2010

JOINT STOCK COMPANIES

GOODS & SERVICES TAX / IDT UPDATE 47

GST Update. Weekly Update National Academy o f C u s t o m s, I n d i r e c t T a xes and Narcotics (NACIN)

STATE DOMESTIC PRODUCT

GST Concept and Design

Note on ICP-CPI Synergies: an Indian Perspective and Experience

CENTRAL WAREHOUSING CORPORATION (A GOVT. OF INDIA UNDERTAKING)

International Journal for Research in Applied Science & Engineering Technology (IJRASET) Status of Urban Co-Operative Banks in India

GST Update M.S. CHHAJED & CO. GST UPDATE 3/

EXPORT OF GOODS AND SOFTWARE REALISATION AND REPATRIATION OF EXPORT PROCEEDS LIBERALISATION

Tally.ERP 9 Series A Release 1.5 Stat.900 Version 89. Release Notes

FOREWORD. Shri A.B. Chakraborty, Officer-in-charge, and Dr.Goutam Chatterjee, Adviser, provided guidance in bringing out the publication.

GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS LOK SABHA UNSTARRED QUESTION NO. 2557

CONTENTS A BRIEF HISTORY AND FUNCTIONING OF THE RNI OFFICE 1-10 GENERAL REVIEW 11-15

4.4 Building Name 4.5 Block/Sector. 4.8 City 4.9 State Code (Refer to State Code in instructions)

POPULATION PROJECTIONS Figures Maps Tables/Statements Notes

CA NAVYA MALHOTRA. CA Navya Malhotra [B.Com(H), M. Com, ACA, DISA Certified GST Member- The I.C.A.I] Latest Developments including Audit under GST

State Government Borrowing: April September 2015

Analyzing Data of Pradhan Mantri Jan Dhan Yojana

The detailed press note issued by Ministry of Statistics & Programme Implementation is attached herewith for information of the members.

GST Round up. Contents. News Headlines. 2 Analysis. GST Laws 3

14 th Finance Commission: Review and Outcomes. Economics. February 25, 2015

GOVERNMENT OF INDIA MINISTRY OF AGRICULTURE AND FARMERS WELFARE DEPARTMENT OF AGRICULTURE, COOPERATION AND FARMERS WELFARE

FARMER SUICIDES. Will the Minister of AGRICULTURE AND FARMERS WELFARE क य ण ½ãâ ããè be pleased to state:

Re-organisation of Field Formations in CBEC in. GST Regime

GOVERNMENT OF INDIA MINISTRY OF AGRICULTURE AND FARMERS WELFARE DEPARTMENT OF AGRICULTURE, COOPERATION AND FARMERS WELFARE

(b) whether the Government has paid insurance claims as compensation for damage of crops due to floods and drought during the current year;

Analysis of State Budgets :

GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION INCOME-TAX

A Class 2 Digital Signature Certificate is available for download after verification based on a trusted and pre-verified database.

Financial Results Q3/FY February 2019

2011: Annexure I. Guidelines/Norms for Utilization of Funds for conducting Soeio-Economic and Caste Census

IRDA PUBLIC DISCLOSURES FOR THE QUARTER ENDED JUNE 30, 2014

PERIODIC DISCLOSURES FORM NL-1-A-REVENUE ACCOUNT TATA AIG GENERAL INSURANCE COMPANY LIMITED IRDAI Registration No. 108, dated January 22, 2001

Association of Mutual Funds in India Goods and Services Tax - FAQs for Distributors October 2017

... (Please leave one blank box between two words) 2. Permanent Account Number (PAN) of the person (see instructions)

OUTSTANDING GOVERNMENT DEBT

Registration. Chapter IV. FAQ s. Registration (Section 22 to 30)

FINANCIAL INCLUSION: PRESENT SCENARIO OF PRADHAN MANTRI JAN DHAN YOJANA SCHEME IN INDIA

Amendments in Goods and Services Tax- Legislative Background & Tracking

Eligible students have to contact our branches where they have availed/availing loans.

Madhya Pradesh Budget Analysis

Himachal Pradesh Budget Analysis

THE INDIAN HOUSEHOLD SAVINGS LANDSCAPE

Financial Results Q2 & H1 FY November 06, 2015

Circulars/Notifications

Banking Sector Liberalization in India: Some Disturbing Trends

Kerala Budget Analysis

GST LATEST AMENDMENTS & ADVANCE RULING UNDER GST

Financial Results Q1 FY July 28, 2015

Microfinance Industry Penetration in India: A State - wise Analysis in Context of Micro Credit

OUTSTANDING GOVERNMENT DEBT

Customers perception on Pradan Manthri Jan Dhan Yojana in Shivamogga District of Karnataka State, India.

FORM L-1-A : Revenue Account. FORM L-1-A : Revenue Account UP TO THE QUARTER ENDED ON JUNE Non Participating (Linked) Total

A Study of Corruption for Issuing Aadharr Card in India by Using Mathematical Modeling

GOODS & SERVICES TAX & / CUSTOMS -UPDATE 23 CENTRAL GOODS & SERVICES TAX

Forthcoming in Yojana, May Composite Development Index: An Explanatory Note

By : Brijesh Srivastava, Principal Systems Analyst(NIC-DRD)

IJPSS Volume 2, Issue 9 ISSN:

Goods and Services Tax

Subject: Allocation of foodgrains under Welfare Institutions and Hostels Scheme

F. No. 349/48/2017-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs GST Policy Wing

Treading the GST Path 50! FAQ on TDS (GST) (A Team effort of Swamy Associates)

Gram Panchayat Development Plan(GPDP) Ministry of Panchayati Raj

IRDA Public Disclosures

Registration. Chapter IV FAQS. Registration (Section 22 to 30)

GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT LOK SABHA UNSTARRED QUESTION NO TO BE ANSWERED ON

Contents. u Central Goods and Services Tax (Extension to Jammu and Kashmir) Act,

1,14,915 cr GoI allocations for Ministry of Rural Development (MoRD) in FY

West Bengal Budget Analysis

FEE RULES. o Samples/models actual cost; o Postal charges additional; o Inspection of records 1st hour free and Rs 5 for each subsequent 15 mins.

The Critical Role of Micro, Small & Medium Enterprises in Employment Generation: An Indian Experience

Disclosures - LIFE INSURANCE COMPANIES- WEBSITE

Dr. Najmi Shabbir Lecturer Shia P.G. College, Lucknow

Fire Marine Miscellaneous Total Fire Marine Miscellaneous Total 3,37,441 23,19,275 2,14,17,685 2,40,74,401 2,67,675 22,58,259 1,81,45,741 2,06,71,675

Investor Presentation

IRDA Public Disclosures

SOLAR ENERGY CORPORATION OF INDIA LIMITED DRAFT 1000 MW GRID CONNECTED ROOF TOP SOLAR PV SCHEME FOR GOVERNMENT BUILDINGS UNDER CAPEX AND RESCO MODELS

Pradhan Mantri KISAN SAmman Nidhi (PM KISAN)

Gujarat Budget Analysis

GOODS AND SERVICES TAX

FORM L-1-A : Revenue Account. FORM L-1-A : Revenue Account UP TO THE QUARTER ENDED ON JUNE Non Participating. (Linked) Individual

IRDA Public Disclosures

ROLE OF PRIVATE SECTOR BANKS FOR FINANCIAL INCLUSION

Schemes->Margin Money Scheme of Khadi & Village Industries Commission (KVIC) MARGIN MONEY SCHEME OF KHADI & VILLAGE INDUSTRIES COMMISSION (KVIC)

Year Ended March 31, 2011

AN EVALUATION OF FINANCIAL INCLUSION

Khandhar Mehta & Shah. Concept of Composition Scheme under GST. KMS Intellectus # 2 KMS/GST/ /02

IRDA Public Disclosures

INDICATORS DATA SOURCE REMARKS Demographics. Population Census, Registrar General & Census Commissioner, India

A. Extension of Due Dates for filing various Forms. Sr. No. FORM Month Due Date. 1 FORM GSTR-3B 1 May, th June, 2018

Contents. Division one 1 GST Law Guide. List of Forms I-13 List of Cases Digested I-21

Issues relating to SEZ

CENTRAL BOARD OF EXCISE & CUSTOMS

1,07,758 cr GoI allocations for Ministry of Rural Development (MoRD) in FY

Transcription:

GST Update 02 2018-19 01st June 2018 FOR PRIVATE CIRCULATION ONLY M.S. CHHAJED & CO. GST UPDATE 2/18-19 1

E-way Bill Now E-way Bill shall be required to be generated for intra-state movement of goods in the following states: West Bengal (effective from 3rd June, 2018) Tamil Nadu (effective from 2nd June, 2018) Chhattisgarh, Goa, Jammu and Kashmir, Odisha, Punjab and Mizoram (effective from 1st June, 2018) E-way bill for movement of goods intra-state has already been implemented in states/union territories of Andaman & Nicobar, Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chandigarh, Dadar & Nagar Haveli, Daman & Diu, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Lakshadweep, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Nagaland, Puducherry, Rajasthan, Sikkim, Telangana, Tripura, Uttar Pradesh and Uttarakhand. M.S. CHHAJED & CO. GST UPDATE 2/18-19 2

GST Refund Central Board of Indirect Taxes and Customs (CBIC) has issued circular 45/19/2018-GST, dated May 30th, 2018, clarifying the following issues faced by the assesses for claiming refund: Refund claimed by an Input Service Distributor (ISD), Composition Taxpayer or a Non-Resident Taxable Person The circular clarifies that in the case of a claim for refund of balance in the electronic cash ledger filed by an ISD or a composition taxpayer the return in filing of summary return in Form GSTR-3B and sales in GSRT-1 is not mandatory. Further in the case of claim for refund of balances lying in the electronic cash and/or credit ledger by a non-resident taxable person, the filing of the details in Form GSTR-1 and the return in Form GSTR-3B is not mandatory. The return in Form GSTR-4 filed by a composition taxpayer, the details filed in FORM GSTR-6 by an ISD and the return in Form GSTR-5 filed by a non-resident taxable person shall be sufficient for claiming the said refund. M.S. CHHAJED & CO. GST UPDATE 2/18-19 3

Refund of IGST paid on export of services and supplies made to a Special Economic Zone developer or a Special Economic Zone unit Representation were made that while filing the return in Form GSTR-3B for a given tax period, errors made in declaring the Zero Rated Supplies as Taxable Supplies, barred the assessee s to file refund claim in Form GST RFD-01. It is clarified that for the tax periods commencing from 01.07.2017 to 31.03.2018, such registered persons shall be allowed to file the refund application in Form GST RFD-01A on the common portal subject to certain conditions. Refund of un-utilised input tax credit of compensation cess availed on inputs in cases where the final product is not subject to the levy of compensation cess: It is clarified that a registered person making zero rated supply under bond or LUT may claim refund of un-utilised credit including that of compensation cess paid on inputs. Registered persons also have option to make zero-rated supply on payment of integrated tax but they cannot utilise the credit of the compensation cess paid on inputs for payment of integrated tax in view of the proviso to section 11(2) of the Cess Act 2017, which allows the utilisation of the input tax credit of cess, only for the payment of cess on the outward supplies. Accordingly, they cannot claim refund of compensation cess in case of zero-rated supply on payment of integrated tax. Requirement of Bond or Letter of Undertaking (LUT) in the case of zero rated supply of exempted or non-gst goods and refund issues: It is clarified that in respect of refund claims on account of export of non-gst and exempted goods without payment of integrated tax there is no need for any Bond or LUT. Registered persons exporting non-gst goods shall comply with the requirements prescribed under the Central Excise Act, 1944 and/or the relevant VAT law and/or the Customs Act, 1962, if any. Exporter would M.S. CHHAJED & CO. GST UPDATE 2/18-19 4

be eligible for refund of un-utilised input tax credit of central tax, state tax, union territory tax, integrated tax and compensation cess. Scope of the restriction imposed by rule 96(10) of the CGST Rules, regarding nonavailment of the benefit of notification Nos. 48/2017-Central Tax dated the 18.10.2017, 40/2017-Central Tax (Rate) dated 23.10.2017, 41/2017-Integrated Tax (Rate) dated 23.10.2017, 78/2017-Customs dated 13.10.2017 or 79/2017-Customs dated 13.10.2017: Sub-rule (10) of rule 96 of the CGST Rules seeks to prevent an exporter, who is receiving goods from suppliers availing the benefit of certain specified notifications under which they supply goods without payment of tax or at reduced rate of tax, from exporting goods under payment of integrated tax. The said restriction is not applicable to an exporter who has procured goods from suppliers who have not availed the benefits of the specified notifications for making their outward supplies. Further, the said restriction is also not applicable to an exporter who has procured goods from suppliers who have, in turn, received goods from registered persons availing the benefits of these notifications since the exporter did not directly procure these goods without payment of tax or at reduced rate of tax. There might be a scenario where a manufacturer might have imported capital goods by availing the benefit of Notification No. 78/2017-Customs dated 13.10.2017 or 79/2017-Customs dated 13.10.2017. Thereafter, goods manufactured from such capital goods may be supplied to an exporter. It is hereby clarified that this restriction does not apply to such inward supplies of an exporter. M.S. CHHAJED & CO. GST UPDATE 2/18-19 5

Taxability of Tenancy Rights Doubts were raised regarding the taxability on transfer of tenancy rights to a incoming tenant for consideration, in form of tenancy premium, and stamp duty and registration charges is levied on the such premium. Question also arises regarding taxability in the case of transfer of tenancy rights, a part of the consideration for such transfer accrues to the outgoing tenant. Circular No. 44/18/2018- CGST has issued clarification that the transfer of tenancy rights is squarely covered under the scope of supply and taxable per-se. Transfer of tenancy rights for consideration in the form of tenancy premium is taxable. However, renting of residential dwelling for use as a residence is exempt vide notification No. 12/2017-Central Tax(Rate). Hence, grant of tenancy rights in a residential dwelling for use as residence dwelling against tenancy premium or periodic rent or both is exempt. As regards to services provided by outgoing tenant by way of surrendering the tenancy rights against consideration in the form of a portion of tenancy premium is liable to GST. M.S. CHHAJED & CO. GST UPDATE 2/18-19 6

Press Releases and Clarifications Press Release was issued on 28th May, 2018 clarifying that the news requiring farmers to register under the GST Law and pay GST on agriculture support services are false. Support services to agriculture, forestry, fishing or animal husbandry continues to be exempted from GST. Further renting or losing of vacant land by farmers for agriculture, forestry, fishing, animal husbandry or batai" also continues to be exempted. The Ministry of Finance has issued clarification, 354/52/2018- TRU dated May 7th, 2018, in regards to levy of reduced rate of 8% GST on affordable housing. Key points are hereunder: Low cost houses up to a carpet area of 60 sq. mts. per house in an affordable housing project have been given infrastructure status. Builders/ Developers are required to determine whether the project qualifies as affordable housing project, as defined under the Notification No. 31/6/2009-INF MOF, to avail the benefit of reduced rate. Projects approved for Credit Linked Subsidy Scheme under the Housing for All (Urban) Mission, Pradhan Mantri Was Yojana, Pradhan Mantri Awas Yojana (Urban) attracts concessional rate of GST i.e. 8%. As per the guidelines of Ministry of Housing and Urban Affairs, the interest subsidy is required to be credited directly to the loan account of beneficiaries through Primary Lending Institutions (PLIs ). Hence recommendation is issued to the relevant housing authority to prescribe a certificate to be issued by the PLIs on the basis of which the builder may charge reduced rate of GST. M.S. CHHAJED & CO. GST UPDATE 2/18-19 7

Disclaimer: The document is intended for private circulation and for knowledge sharing purpose only. This material and the information contained herein is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s). The information is not intended to be relied upon as the sole basis for any decision which may affect you or your business. The firm expressly disclaim all and any liability and responsibility to any person whether a purchaser or reader of this publication or not, in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of this publication. M.S. CHHAJED & CO. GST UPDATE 2/18-19 8

Contact M. S. Chhajed & Co. Chartered Accountants Kamal Shanti, Nr. Sardar Patel Colony Under Bridge, Sardar Patel Colony, Ahmedabad 380014 (O) +91 79 48902330/ 26400989 www. mschhajedandco.com M.S. CHHAJED & CO. GST UPDATE 2/18-19 9