Registration, returns & TRANSITIONAL PROVISIONS

Similar documents
Transitional Provisions

TRANSITIONAL PROVISIONS. CA. PUNEET OBEROI FCA, DISA

Transition Provisions Revised Model GST Law Hari Ganesh V

TRANSITIONAL PROVISIONS

Provisions under GST TRANSITIONAL PROVISIONS. By:- Puneet Agrawal B. Com (H), CA, LLB Partner Athena Law Associates

Transitional Provisions under GST

Transitional Provisions

GOODS AND SERVICE TAX (GST) TRANSITIONAL PROVISIONS COMPILED AND PREPARED BY : CA SAGAR THAKKAR

ITC Credit- GST Adapted from Standardised PPT on Revised Model GST Law (Nov 2016)

SECTIONS IN MODEL GST MIGRATION OF EXISTING TAX PAYERS [s. 166] CENVAT/VAT CREDIT c/f in a return to be allowed as ITC [s.167] Un-availed CENVAT/VAT C

GST Overview. ~CA Unmesh G. Patwardhan~ Mobile No Unmesh Patwardhan Mobile No

TRANSITIONAL PROVISIONS UNDER GST

Goods and Services Tax CA. Sathish V & CA. Krishna J August 2017

GOODS AND SERVICES TAX

GST transitional provisions on credits key issues and challenges. Sagar Shah 17 June 2017

The Chamber of Tax Consultants

Transitional Provisions in GST... by Raman Gupta

Transition Returns. Tran 1 + Tran 2

GST THIS WEEK. GST Update No. 02/2017/KMS IN THIS UPDATE. 27 th Feb 5 th Mar, 2017

Input Tax Credit Rules

DILIP PHADKE Chartered Accountant Contact: /

GST: Transitional Provisions

CA. Hrishikesh Wandrekar Wandrekar & Co.

Transitional Provisions

GST: Transitional Provisions

SIRC of ICAI. GST - TRANSISTIONAL PROVISIONS By CA GANESH PRABHU B B.Com, MFM, F.C.A, LL.B, DISA

Goods and Services Tax INPUT TAX CREDIT September 22, P V SRINIVASAN Corporate Advisor Mobile:

GST Workshop 9th June 2017

National conclave on GST Transitional Credit Issues and recap of MVAT Audit organized by CPE Committee, ICAI hosted by WIRC of ICAI

Part Section 3 Part C 140(3) ITC availbale for ITC on Normal Goods To be filed to claim ITC on To be filed by Remarks where such goods or services whi

GST - Input Tax Credit. Keval Shah at Bandra Kurla Complex, WIRC of the ICAI. Agenda for the day. Provisions of Input Tax Credit

All About GST and Model GST Law

VAT CONCEPT AND ITS APPLICATION IN GST

ITC Concepts. Features of ITC Provisions. ISD & its Features

Input Tax Credit & Refunds under GST Law. Presentation by CA. Gaurav V Save WIRC of ICAI June 28, 2017

Input Tax Credit & Related Transitional Provisions

Beginners Course on GST (Registration, Returns, Payment & Documentation) organised by WIRC 3rd October Presenter CA Mandar Telang

DRAFT GOODS AND SERVICES TAX - REFUND RULES, 20--

UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017

WIRC of Institute of Chartered Accountants of India

Impact of notification No. 46/2017 Central Tax (Rate) for restaurant services

GST Customised FAQs for Gems and Jewelry industry. ANSWER The rate of GST applicable on gold bullion and gold jewellery is the same 3%.

The Centre of Excellence for GST. GST: Returns. JULY 09, 2017 ICAI Tower, BKC MUMBAI. CA. Hemant P. Vastani. The Centre of Excellence for GST

GST Annual Return: Introduction

The Central Goods And Services Tax Bill, Input Tax Credit. Arun Kumar Agarwal. 12-Apr-17

RETURNS TIME PERIOD OF FILING RETURN UNDER GST

INPUT TAX CREDIT (ITC) PROVISIONS. CA Nammitta Gangwal Nilange LCS, DISA, GST Faculty R. I. Nilange & Co. Chartered Accountant

CA. Annapurna Kabra

WIRC of ICAI. Understanding Annual Returns & Reconciliation Statement. Presented By CA. Kevin Shah

Input Tax Credit (ITC)

FAQ s on Form GSTR-9 Annual Return

FILING OF RETURNS UNDER GST INCLUDING MATCHING OF INPUT TAX CREDIT

i. On or before the due date of furnishing the return for the month of September 2018 i.e (unless extended). OR

PARIMAL PATEL P. J. E-CONSULTANTS AHMEDABAD

Input Tax Credit Rules

GST Input Tax Credit [Chapter V]

Composition. Exports

Input Tax Credit Rules

GST - AN OVERVIEW I-5

GST: FREQUENTLY ASKED QUESTIONS [FAQS] FOR COMPOSITION SCHEME

Name What does it relate to When to be filed

SUGGESTIONS ON GST Implementation Issues

Goods & Service Tax. (GST) BBNL Vendor MEET

Sampat & Mehta GST - FAQ

Chapter IX Returns Statutory Provision 37. Furnishing details of outward supplies

ISSUES IN COMPOSITION SCHEME UNDER GST PGS & ASSOCIATES

GST - AN OVERVIEW I-5

UPDATE ON AMENDMENTS TO CGST ACT, 2017

GST TRANSITION PROVISIONS & GST TRAN 1. CTC Indirect Tax Study Circle Meeting

THE UNION TERRITORY GOODS AND SERVICES TAX BILL, 2017 ARRANGEMENT OF CLAUSES CHAPTER I CHAPTER III LEVY AND COLLECTION OF TAX

Returns in goods and services tax

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

Q. 1. If I have multiple manufacturing units in a State/UT, do I have to register all my companies separately or as a group?

GST. Concept & Roadmap By CA. Ashwarya Agarwal

GST in INDIA. Input Tax Credit

GST: Transitional Provisions

What is input tax credit (ITC)? Rs Rs 180. Rs 500. Rs 90. Rs 180-Rs 90 =Rs 90. What are the Conditions for availing Input Tax Credit?

REGISTRATION & RETURN PROCESS UNDER GOODS AND SERVICES TAX (GST) By CA Sandip Agrawal Sandip Satyanarayan & Co Chartered Accountants

MEMORANDUM ON MODEL GST LAW

FAQ. Hindustan Shipyard Limited

Input Tax Credit Under GST Law, Rules & Forms. 2 December 2017 Copyrights Reserved of 33

10. In the said rules, after FORM GSTR-8, the following FORMS shall be inserted, namely:-

MODEL GST LAW Decoding The Regulation. Khandhar Mehta & Shah

Input Tax Credit. Chapter III FAQS. Eligibility and conditions for taking Input Tax credit (Section 16)

Response to questions raised by members in relation to Goods and Services Tax ( GST )

GST Returns. Law and procedure

Master class on GST. Institute of Company Secretaries of India - WIRC. CA Ashit Shah. Shah & Savla LLP. Chartered Accountants

Goods and Service Tax (Compensation to States) Act, 2017

SAFEGUARDING AND ENHANCING CREDIT-PRE & POST GST (TRANSITIONAL) AND EXPORT REFUND

GST MSME SECTORAL SERIES CENTRAL BOARD OF EXCISE & CUSTOMS. Directorate General of Taxpayer Services. Follow

CHAPTER---- Input Tax Credit. 1. Documentary requirements and conditions for claiming input tax credit

Vasai Branch of WIRC of ICAI

Frequently Asked Questions on Composition Levy

GST Implications. All India Distillers Association Hotel Crowne Plaza February 23, Discussion by: CA Gaurav Gupta

CENTRAL BOARD OF EXCISE & CUSTOMS

a) Taxpayers with aggregate annual turnover up to INR 1.5 Crore are required to file GSTR1 on a quarterly basis as follows:

CPE Meeting on Input Tax Credit & Rules DATE: , Chennai INPUT TAX CREDIT CA. M. SELVAKUMAR KV & CO, CHARTERED ACCOUNTANTS

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

Tweet FAQs. S. No. Questions / Tweets Received Replies. Registration

Invoice, Accounting and TRAN1 form under GST

Transcription:

1 www.ada.org.in/gstindia.biz Registration, returns & TRANSITIONAL PROVISIONS Ashu Dalmia Partner Ashu Dalmia & Associates FCA,DISA,CISA ICAI Certified-FAFD,ICAI-Certified Arbitrator Special Auditor u/s 72A of the finance Act 1994 (office of the Commissioner, Service, Tax Audit-II Delhi)

2 www.ada.org.in/gstindia.biz TRANSITIONAL PROVISIONS Migration Input Tax Credit Refund Claims IGST on Imports/Inter State Supply Applicability of GST & Miscellaneous Provisions

3 www.ada.org.in/gstindia.biz TRANSTIONAL PROVISION - MIGRATION SCHEME

4 www.ada.org.in/gstindia.biz TRANSTIONAL PROVISION INPUT TAX CREDIT

5 www.ada.org.in/gstindia.biz Carried forward of CENVAT/VAT/Entry Tax in electronic credit ledger Applicable for Registered person other than covered in composition scheme. Such Credits is admissible under GST and under earlier laws. Ensure that the CENVAT Credit/VAT inputs to be carried forward are properly quantified and reflected in last return of earlier laws. Credit of CENVAT / VAT / Entry Tax should be carried forward in the return furnished under the earlier laws.

6 www.ada.org.in/gstindia.biz Unavailed CENVAT Credit/Input Tax Credit of Capital Goods Available to Registered Tax person other than paying composition scheme in GST Registered Person (Other than Composition Tax payer under GST Act) Unavailed CENVAT Credit in respect of capital goods Not Carried forward in return furnished under earlier law Provided that Such credit must be admissible under earlier law and also under GST Act Entitled to take credit in electronic credit ledger in such manner as may be prescribed

7 www.ada.org.in/gstindia.biz Unavailed CENVAT Credit/Input Tax Credit of Capital Goods Available to Registered Tax person other than paying composition scheme in GST Mr. X has unutilized CENVAT Credit balance of Rs. 1 Crore and Rs. 50 Lakhs as VAT ITC, whether the same would be allowed to be utilized as GST? Transitional provisions Check if it was valid credit under old Law and is valid credit under GST Law Utilization as CGST, SGST or IGST?

Credit of eligible duties & taxes ( Section 169, 170, 171 & 172) 8 www.ada.org.in/gstindia.biz Basic Excise Duty (BED) Additional Duty of Excise (AED) Eligible Duties National Calamity Contingent Duty (NCCD) Countervailing Duty (CVD) Special Additional Custom Duty (SACD) Service Tax

Credit of eligible duties & taxes ( Section 169, 170, 171 & 172) 9 www.ada.org.in/gstindia.biz Action Points Need to start capturing the duties & taxes paid under the current regime. Ensure that there is detailed breakup of stock in held as on the appointed date in GST regime along with duties & taxes paid on the same. Credit to be shown in electronic credit ledger.

10 www.ada.org.in/gstindia.biz Credit eligible duties & taxes in respect of Stock held-section 169 A registered taxable person, who was: Not liable to be registered under earlier law Manufacturer of exempted goods Provider of exempted services Works Contractor availing benefit of notification no. 26/2012 ST First Stage Dealer Second Stage Dealer Registered Importer Shall be entitled to take credit of eligible duties and taxes in his electronic credit ledger credit of eligible duties and taxes in respect of:- Inputs Semi-Finished Goods Finished Goods

Credit of eligible duties & taxes in respect of 11 www.ada.org.in/gstindia.biz Stock held-section 169 Subject to the following conditions Inputs/ gods are used or intended to be used for making taxable supplies The said taxable person passes on the benefit of such credit to the recipient Eligible for input tax credit under GST Act Possession of invoice or other prescribed documents evidencing payment of duty under earlier law Not earlier than 12 months immediately preceding the appointed day The supplier of services is not eligible for any abatement under the GST Act PROVISION IS ALSO PROVIDED IN SGST LAW

Credit of eligible duties & taxes in respect of input held in stock-section 170 (Only in CGST Law) 12 www.ada.org.in/gstindia.biz This is the extension of Section 167 and Section 169 Manufacturer of non exempted as well as exempted goods under Central Excise Act 1944 Registered Taxable Person Provider of non exempted as well as exempted service under Finance Act 1994 Entitled to take credit as per CENVAT Credit u/s 167 (Last return of earlier law) Entitled to take credit of inputs held in stock, WIP & FG u/s 169

Credit of eligible duties & taxes in respect of input or input service during transit-section 171 Input or Input Service received on or after appointed date Duties or Taxes paid before the appointed date Recording of Transaction in the books of accounts with in 30 days Credit can be taken in electronic ledger of the aforesaid input credits PROVISION IS ALSO PROVIDED IN SGST LAW 13 www.ada.org.in/gstindia.biz

Taxpayer switching from Composition scheme in earlier laws to Normal Scheme in GST-Section 172 Subject to the following conditions Credit in respect of inputs held in stock/input contained in SF or FG held in stock on appointed day Inputs/ goods are used or intended to be used for making taxable supplies Not registered as Composition Tax payer under GST Act Eligible for input tax credit under GST Act Possession of invoice or other prescribed documents evidencing payment of duty under earlier law Invoice not earlier than 12 months immediately preceding the appointed day PROVISION IS ALSO PROVIDED IN SGST LAW 14 www.ada.org.in/gstindia.biz

Credit Distribution by Input Service Distributor (ISD)-Section 190 (Only in CGST Law) 15 www.ada.org.in/gstindia.biz Services received prior to appointed day Invoice received on or after appointed day ISD Eligible to distribute credit under GST Act

Unutilized CENVAT credit of centralized registration under the earlier law-section 191 (Only in CGST Law) 16 www.ada.org.in/gstindia.biz Taxable person having Centralised Registration under earlier law shall be allowed to take CENVAT Credit carried forward and also be allowed to transfer to taxable person having the same PAN for which the Centralised Registration has been taken in pre GST regime. Returns to be filed with in 3 months from appointed date and credit should appear either in original or revised returns. Credit should be admissible under the GST Laws.

17 www.ada.org.in/gstindia.biz Input Credit for goods lying with Agents- Section 192 (Only in SGST Law) Goods belonging to Principal Lying at the premises of Agent On the appointed day Agent can take credit Subject to following conditions: Agent is registered taxable person Both principal and agent declare details of goods Invoices issued not earlier than 12 months from the appointed day Principal has either reversed or has not availed ITC on such goods

18 www.ada.org.in/gstindia.biz Input Credit of capital goods lying with Agents-Section 193 (Only in SGST Law) Capital Goods belonging to Principal Lying at the premises of Agent On the appointed day Agent can take credit Subject to following conditions: Agent is registered taxable person Both principal and agent declare details of capital goods Invoices issued not earlier than 12 months from the appointed day Principal has either reversed or has not availed ITC on such capital goods

19 www.ada.org.in/gstindia.biz Input Tax Credit in Branch Transfer-Section 194 (Only in SGST Law) Input Tax credit reversed prior to appointed day No Input Tax Credit under GST Act.

20 www.ada.org.in/gstindia.biz TRANSITIONAL PROVISION-REFUND

Pending refund claims to be disposed of under earlier law-section 179 Pending Refund Claim Under Earlier Laws For amount of CENVAT credit, duty, tax paid before the appointed day Filed before or after the appointe d date Disposed in accordanc e with earlier laws Amount of refund should be paid in cash No refund claim for any credit which has been carried forward under GST Act Rejected claim (Fully or partially) shall lapse PROVISION IS ALSO PROVIDED IN SGST LAW 21 www.ada.org.in/gstindia.biz

Refund claims for goods cleared/services provided before appointed day-export before or after appointed day- Section 180 (Only in CGST Law) 22 www.ada.org.in/gstindia.biz Duty / Taxes paid under earlier laws Filed after the appointed date Refund Claim for export of Goods/Services Disposed in accordance with earlier laws For amount of CENVAT credit, duty, tax paid before the appointed day Rejected claim (Fully or partially) shall lapse No refund claim for any credit which has been carried forward under GST Act

23 www.ada.org.in/gstindia.biz Refund claims filed after the appointed day for payments received and tax deposited before the appointed day i.r.o. the services not provided-section 181 (Only in CGST Law) Duty / Taxes paid under earlier laws Amount accruing should be paid in cash Refund Claim for Service not provided Refund claim Filed after the appointed date Disposed in accordance with earlier laws

Claim of CENVAT Credit-Section 182 Proceeding of appeal, revision or reference for CENVAT Credit / ITC Initiated before, on or after appointed day Disposed off under provisions of earlier laws Outcome of the proceeding Cenvat Credit / ITC found to be admissible and not carried forward under GST Act Refund in Cash Cenvat credit / ITC found to be recoverable Recover as arrear under GST Act PROVISION IS ALSO PROVIDED IN SGST LAW 24 www.ada.org.in/gstindia.biz

Finalization of proceeding relating to output duty or tax liability-section 183 Proceeding of appeal, revision, review or reference for Output duty or tax liability Initiated before, on or after appointed day Disposed off under provisions of earlier laws Outcome of the proceeding Output Duty / Tax Liability found admissible Output Duty / Tax Liability found to be recoverable Refund in Cash Recover as arrear under GST Act PROVISION IS ALSO PROVIDED IN SGST LAW 25 www.ada.org.in/gstindia.biz

Assessment and Adjudication proceedings - Section 184 Pursuance of an assessment or adjudication proceeding instituted before, on or after appointed day Under the earlier laws Outcome of the adjudication proceeding Tax, Interest and Penalty found to be refundable Tax, Interest and Penalty found to be recoverable Refund in Cash Recover as arrear under GST Act PROVISION IS ALSO PROVIDED IN SGST LAW 26 www.ada.org.in/gstindia.biz

Revision of Returns-Section 185 Return files under earlier Laws Revised after appointed day Amount of tax to be recovered or credit is inadmissible Amount found to be refundable or credit found admissible Recover as arrear under GST Act Refund in Cash if filed with in time limit as given under earlier laws PROVISION IS ALSO PROVIDED IN SGST LAW 27 www.ada.org.in/gstindia.biz

28 www.ada.org.in/gstindia.biz IGST ON IMPORT / INTER STATE SUPPLY

29 www.ada.org.in/gstindia.biz IGST on Import/Inter State supply-section 21 of IGST Law Transactions initiated Supply Tax Paid Applicability of IGST Prior On or After No Yes Prior On or After Yes fully under old provisions Prior On or After Yes partly as per old provisions No No, up to portion of tax paid Initiation of Transaction-If either the invoice relating to such supply or payment either in full or in part done before appointed day

30 www.ada.org.in/gstindia.biz APPLICABILITY OF GST AND MISC. PROVISIONS

Treatment of Sales Return of exempted goods for sale not earlier than 6 months from appointed day-section 173 Sales Return After 6 months Before 6 months Registered Person Taxable Non Registered Person Non Taxable No Tax PROVISION IS ALSO PROVIDED IN SGST LAW 31 www.ada.org.in/gstindia.biz

Duty paid goods returned to the place of business on or after the appointed day-section 174 Duty paid goods under earlier law are returned Sales not made earlier than six months prior to appointed date Returned on or after the appointed date with in 6 months Registered Person Supply under GST Not Registered Person Refund to Seller PROVISION IS ALSO PROVIDED IN SGST LAW 32 www.ada.org.in/gstindia.biz

Inputs removed for job work-section 175, 176 & 177 Not returned within 6 months/extended period from appointed date ITC to be reversed as per Section 184 PROVISION IS ALSO PROVIDED IN SGST LAW 33 www.ada.org.in/gstindia.biz

34 www.ada.org.in/gstindia.biz Goods removed under provisions of earlier laws-job WORK The provisions are applicable if the details of goods are declared by manufacturer and job worker in such manner and form and within prescribed time. Sec 175 Inputs removed as such or after partial processing Sec 176 Semi-finished goods removed for manufacturing process Sec 177 Manufactured Goods removed for testing or other process (Except Manufacturing)

goods removed for job work-section 175,176 & 177 Goods Removed No Tax to be paid Transfer Goods to Registered Taxable Person Within 6 months or extended period For Supplying thereof in India on payment of tax For Export Without payment of tax PROVISION IS ALSO PROVIDED IN SGST LAW 35 www.ada.org.in/gstindia.biz

Supplementary Documents in pursuance - Section 178 Contract prior to appointed day Upward Revision of price Within 30 Days of such price revision Deemed to be issued in respect of outward supply under GST Act Taxable person may issue supplementary invoice / debit note PROVISION IS ALSO PROVIDED IN SGST LAW 36 www.ada.org.in/gstindia.biz

Supplementary Documents in pursuance - Section 178 Contract prior to appointed day Downward Revision of price Within 30 Days of such price revision Tax liability to be reduced only if corresponding person reduces his input tax credit Deemed to be issued in respect of outward supply under GST Act Taxable person may issue supplementary invoice / debit note PROVISION IS ALSO PROVIDED IN SGST LAW 37 www.ada.org.in/gstindia.biz

38 www.ada.org.in/gstindia.biz Goods Sent on Approval Basis-Section 195 Goods not returned within 6 months or extended period Liability to pay tax on person who has sent for approval Goods returned after 6 months or extended period Liability to pay tax on person who is returning the goods

39

40 www.ada.org.in/gstindia.biz Registration, returns & TRANSITIONAL PROVISIONS Ashu Dalmia Partner Ashu Dalmia & Associates FCA,DISA,CISA ICAI Certified-FAFD,ICAI-Certified Arbitrator Special Auditor u/s 72A of the finance Act 1994 (office of the Commissioner, Service, Tax Audit-II Delhi)