Gist of all GST notifications, circulars and orders issued upto 12‐12‐2017.



For the sake of convenience and better understanding, notifications numbers for notifications issued under various GST Acts but having similar effect under their respective GST Acts are mentioned against notification numbers of Central Act under single row, though reference or purpose of only central Act may have been mentioned in the tables provided below. For example reference to notification mentioning goods under reverse charge under section 9(4) CGST Act’2017 and similar notification issued for reverse charge under section 5(4) IGST Act’2017 are placed in a same row and reference to only section 9(4) of CGST act has been mentioned in the table.

 

 

Purpose CGST UGST IGST

Apportionment of IGST with respect to advertisement services under section 12 (14) of the IGST Act, 2017.

12
Seeks to exempt all taxpayers from payment of tax on advances received in case of supply of goods 66
Seeks to exempt suppliers of services through an e‐commerce platform from obtaining compulsory registration 65
Seeks to limit the maximum late fee payable for delayed filing of return in FORM GSTR‐3B from October, 2017 onwards 64
Date extension GST Returns & Forms Seeks to extend the due date for submission of details in FORM GST‐ITC‐04 63
Date extension GST Returns & Forms Seeks to extend the time limit for furnishing the return in FORM GSTR‐6 for the month of July, 2017 62
Date extension GST Returns & Forms Seeks to extend the time limit for furnishing the return in FORM GSTR‐ 5A for the months of July to October, 2017 61
Date extension GST Returns & Forms Seeks to extend the time limit for furnishing the return in FORM GSTR‐5, for the months of July to October, 2017 60
Date extension GST Returns & FormsSeeks to extend the time limit for filing of FORM GSTR‐4 59
Date extension GST Returns & Forms Seeks to extend the due dates for the furnishing of FORM GSTR‐1 for those taxpayers with aggregate turnover of more than Rs.1.5 crores 58
Seeks to prescribe quarterly furnishing of FORM GSTR‐1 for those 57
Seeks to mandate the furnishing of return in FORM GSTR‐3B till March, 2018 56
Twelfth amendment to CGST Rules, 2017 Rule 43‐ Input Tax Credit.

Rule 54‐ Invoices etc.

New Rule 97A‐ Manual Filing & Processing of Forms, orders etc.

New Rule 107A‐Manual Filing & Processing of Forms, orders etc.

 

New Rule 109A‐Appointment of  Appellate Authority

Rule 124‐ Power to terminate membership of GST Council

New Form RFD‐1A & 1B‐ Manual Refund Form & Order.

55
Date extension GST Returns & Forms Seeks to amend Notification no. 30/2017‐Central Tax dated 11.09.2017 so as to extend the due date for filing FORM GSTR‐2 and FORM GSTR‐3

for the month of July, 2017

54
Date extension GST Returns & Forms Seeks to extend the due date for submission of details in FORM GST‐ITC‐ 04 53
Date extension GST Returns & Forms Seeks to extend the due date for submission of details in FORM GST‐ITC‐ 01 52
Eleventh Amendment to CGST Rules, 2017

•   Rule 24‐ Date of filing REG‐29 (cancellation of Registration

extended to 31‐12‐2017)

•   Rule 45‐power to extend due date for filing ITC‐04 provided to

commissioner.

•   Rule 96 & 96A – provision made to apply refund within time

even in case of extension of due date to file GSTR‐1. (later     GSTR‐1E was introduced)

51
In respect of matters covered u/s. 21 of UTGST Act’2017, Notifications issued under CGST Act are extended to UTGST Act 17
Seeks to waive late fee payable for delayed filing of FORM GSTR‐3B for Aug & Sep, 2017 50
Seeks to notify the evidences required to be produced by the supplier of deemed export supplies for claiming refund under rule 89(2)(g) of the CGST rules, 2017. 49
Seeks to notify certain supplies as deemed exports under section 147 of the CGST Act, 2017. 48
Tenth amendment to CGST Rules, 2017.

•             Refund Rule 89 (Deemed Exports)

•             Refund Rule 96A

•   Changes in form RFD‐01 (Statement‐2 and Statement‐4)

47
Seeks to amend notification No. 2/2017‐Union Territory Tax. (Increase turnover limit for composition levy) 16
Seeks to amend notification No. 8/2017‐Central Tax. Turnover Limit for composition scheme increased 46
Ninth amendment to CGST Rules, 2017.

•   Composition Rule 3A (allowed to avail in any month upto 31‐03‐ 2018)

•   Invoice Rule 46A (Invoice‐cum‐bill of supply)

•   Invoice Rule 54 (Banks/Ins. Cos/ Fin. Inst./NBFC allowed to issue monthly consolidated tax invoice)

•   Return Rules Rule 62 (composition return for part of Quarter allowed)

•   Changes in Form CMP‐02 (opting composition after registration)

•   Changes in Form GSTR‐1 (Column for Cess added)

•   Changes in Form GSTR‐1A (Column for Cess added)

•   Changes in Form GSTR‐4 (Instruction no. 10 added – inward

supplies for registered person, other than those attracting RCM

need not to be mentioned in GSTR‐4 for Qtr. 2 & Qtr.3 of FY

2017‐18)

45
Date extension GST Returns & FormsSeeks to extend the time limit for submission of FORM GST ITC‐01 for claiming tax credit under section 18(1) of CGST Act’2017. 44
Date extension GST Returns & Forms Seeks to extend the time limit for filing of FORM GSTR‐6 Qtr. 2 (17‐18) 43
Date extension GST Returns & Forms & Forms

Seeks to extend the time limit for filing of FORM GSTR‐5A Qtr. 2 (17‐18)

42
Date extension GST Returns & Forms Seeks to extend the time limit for filing of FORM GSTR‐4 Qtr. 2 (17‐18) 41
Seeks to make payment of tax on issuance of invoice by registered persons having aggregate turnover less than Rs 1.5 crores. (no tax on advance reciepts) 40
Seeks to cross‐empower State Tax officers for processing and grant of Refund 39
Seeks to cross‐empower State Tax officers for processing and grant of Refund 11
Seeks to exempt persons making inter‐State supplies of taxable services from registration under section 23(2) 10
Seeks to amend notification no. 8/2017‐IT dated 14.09.2017 so as to add

certain items to the list of “handicrafts goods”

9
Seeks to amend notification no. 32/2017‐CT dated 15.09.2017 so as to add certain items to the list of “handicrafts goods” 38
Notification on extension of facility of LUT to all exporters issued 37
Eighth amendment to CGST Rules, 2017.

•   Registration Rules (Cancellation date extended to 31st October)

•   Transition Rules (Date of Original & revised TRAN‐01 extended)

•   Registration Rules (Form Change GST‐REG‐29)

36
Date extension GST Returns & Forms Seeks to extend the last date for filing the return in FORM GSTR‐3B for the months of August to December, 2017. 35
Seventh amendment to the CGST Rules, 2017.

•   Composition Rules 3A (Extension scheme 1st October)

•   Transition Rules 120A (Extension Date + provisions to revise

form)

•   Changes in Anti Profiteering Rules

•   Changes in E‐way Bill Rules

•   Changes in TRAN‐1 form

•   Changes in Form GSTR‐4

•   Changes in E‐way Bill Form EWB‐01

34
Notifying some provisions of section 51 of the CGST Act, 2017 for TDS. 33
Seeks to granting exemption to a casual taxable person making taxable supplies of handicraft goods from the requirement to obtain registration. 32
Granting exemption to a person making inter‐State taxable supplies of handicraft goods from the requirement to obtain registration 8
Granting exemption from registration to job‐workers making inter‐ State supply of services to a registered person from the requirement of obtaining registration 7
Date extension GST Returns & Forms Seeks to extend the time limit for filing of GSTR‐6. 31
Date extension GST Returns & Forms

Seeks to extend the time limit for filing of GSTR‐1, GSTR‐2 and GSTR‐3.

30
Date extension GST Returns & Forms Seeks to extend due dates for furnishing details/Returns for the months of July, 2017 and August, 2017. 29
Seeks to waive the late fee for late filing of FORM GSTR‐3B, for the month of July 28
Sixth amendment to CGST Rules, 2017

•   New E‐Way Bill Rules 138/138B/138C/138D

•   Changed ENR‐01 Form

•   Changed RFD‐01 Form

•   Changes in TRAN‐2 Form

27
Date extension GST Returns & Forms Seeks to extend time period for filing of details in FORM GSTR‐6 for months of July & August. 26
Date extension GST Returns & Forms Seeks to extend time period for filing of details in FORM GSTR‐5A for month of July 25
Date extension GST Returns & Forms Seeks to further extend the date for filing of return in FORM GSTR‐3B for the month of July, 2017. 24
Date extension GST Returns & Forms Seeks to notify the date and conditions for filing the return in FORM GSTR‐3B for the month of July, 2017 23
Fifth amendment to CGST Rules, 2017 Amendment in Composition Rules 3

Registration Rules 17, changes in REG‐01,

REG‐13
Input Tax Credit Rules40,44,44A(New)

Return Rules      61

Payment of Tax Rules 87

Advance Ruling Rules
103

22
Seeks to introduce date for filing of GSTR‐3B for months of July ‘2017 and August’2017. 21
Date extension GST Returns & FormsSeeks to extend time period for filing of details in FORM GSTR‐3 formonths of July and August. 20
Date extension GST Returns & Forms Seeks to extend time period for filing of details of inward supplies in FORM GSTR‐2 for months of July and August. 19
Date extension GST Returns & Forms Seeks to extend time period for filing of details of outward supplies in FORM GSTR‐1 for months of July and August. 18
Fourth amendment to CGST Rules Amendment in

•Registration Rules

•Determination of Value of Supply Rules

•   Input Tax Credit Rules

•Tax Invoice, Debit & Credit Notes Rules

•Return Rules

•Refund Rules
Transitional Provisions Rules (Changes in Form Tran‐1)

17
Notification No. 16/2017‐CT (conditions and safeguards for furnishing a Letter of Undertaking in place of a bond for export without payment of integrated tax) 16
16
Corrigendum
Third Amendment to CGST Rules

Amendment in

•             Input Tax Credit Rules

•             Refund Rules

•             Transitional Rules
New Rules

Chapter Particulars          Rule

XVII        Inspection Search & Seizure Rules            139‐141

XVIII      Demands and Recovery Rules    142‐161

XIX         Offences and Penalties Rules     162

15
Appointment of officers 14
Interest Rate for delay in payment of tax & refunds notified 13 6
Relaxation of HSN requirement in Invoice 12 5
Change in Modes of verification / authorisation 11
Second Amendment to CGST Rules

Chapter Particulars          Rule

IV            Determination of Value of Supply Rules                27‐35

V             Input Tax Credit Rules    36‐45

VI            Tax Invoice, Debit & Credit Notes Rules 46‐55

VII          Account and Records Rules         56‐58

VIII         Return Rules      59‐84

IX            Payment of Tax Rules    85‐88

X             Refund Rules     89‐97

XI            Assessment and Audit Rules       98‐102

XII           Advance Ruling Rules     103‐107

XIII         Appeal and Revision Rules           108‐116

XIV         Transitional Provisions Rules       117‐121

XV          Anti‐Profiteering              122‐137

XVI         E‐way Rules        138.

10
IGST Rules, 2017 notified 4
Some sections of the Act, 2017 w.e.f 01.07.2017 9 3 3
Change in Turnover Limit to 75 Lakh for Composition 8 2
First Amendment to CGST Rules

Amendment in:

Composition Rules

Registration Rules

7
Modes of verification / authentication 6
exemption from registration to persons where 100% supply is under RCM 5
Notifies Number of Digits of harmonised System of Nomenclature Code for Lakshadweep 15
Notifies Number of Digits of harmonised System of Nomenclature Code for Daman & Diu 14
Notifies Number of Digits of harmonised System of Nomenclature Code for Dadra & Nagar Haveli 13
Notifies Number of Digits of harmonised System of Nomenclature Code for Chandigarh 12
Notifies Number of Digits of harmonised System of Nomenclature Code for Andaman & Nicobar Islands 11
Notifies Fixing of rate of interest per annum 10
Notifies UTGST (Lakshadweep )Rules, 2017 9
Notifies UTGST (Daman & Diu)Rules, 2017 8
Notifies UTGST (Dadra and Nagar Haveli)Rules, 2017 7
Notifies UTGST (Chandigarh )Rules, 2017 6
Notifies UTGST (Andaman & Nicobar Islands )Rules, 2017 5
Notify Common Portal (www.gst.gov.in) 4 4
CGST Rules Notify Composition & Registration

Chapter Particulars          Rule

I                               Preliminary                         1‐2

II             Composition Rules                          3‐7

III            Registration Rules                            8‐26

3
Appoint officer for Registration in case of online information and database access or retrieval services 2 2

Some sections of the IGST Act, 2017 came into force w.e.f. 22.06.2017 (for registration and composition)

1 1 1

 

Rate Notifications:

Purpose CGST UGST IGST

Seeks to amend notification No. 30/2017‐Integrated Tax (Rate) dated 22.09.2017, so as to extend the benefit of IGST exemption, applicable in relation to supply of Skimmed milk powder, or concentrated milk for use in the production of milk distributed through dairy co‐operatives to the companies that are registered under the Companies Act, 2013 also.

50
Seeks to amend notification No. 12/2017‐CT(R) so as to extend exemption to admission to “protected monument” and to consolidate entry at Sl. No. 11A & 11B.  47 49
Seeks to amend notification No. 11/2017‐CT(R) so as to specify rate @2.5% for standalone restaurants and @9% for other restaurants, reduce rate of job work on “handicraft goods” @ 2.5% and to substitute “Services               provided” in item (vi) against Sl No. 3 in table.  46 48
seeks to provide concessional GST rate of 2.5% on scientific and technical equipments supplied to public funded research institutions.  45 47
seeks to amend notification no. 5/2017‐ Central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding restriction of ITC on certain fabrics.  44 46
seeks to amend notification no. 4/2017‐ Central tax(rate) dated28.06.2017 to give effect to gst council decision regarding reverse charge on raw cotton.  43 45
seeks to amend notification no. 2/2017‐ Central tax(rate) dated28.06.2017 to give effect to gst council decisions regarding gst Exemptions  42 44
seeks to amend notification no. 1/2017‐ Central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates.  41 43
Seeks to amend notification No. 9/2017‐ Integrated Tax (Rate) so as to exempt IGST on inter‐state supply of services to Nepal and Bhutan against payment in INR. 42
Seeks to prescribe Integrated Tax rate of 0.5% on inter‐State supply of taxable goods by a registered supplier to a registered recipient for export subject to specified conditions. (corresponding rates of 0.05% for CGST / UGST Acts) 40 41
Seeks to reduce GST rate on Food preparations put up in unit containers and intended for free distribution to economically weaker sections of the society under a programme duly pproved by the Central Government or any State Government.  39 40
Seeks to amend notification No. 8/2017-Integrated Tax (Rate)  38 39
Seeks to prescribe Central Tax rate on the leasing of motor vehicles.  37 38
Seeks to amend notification No. 4/2017‐Central Tax (Rate). (RCM goods ‐sale of Old Vehicles)  36 37
Seeks to amend notification No. 2/2017‐Central Tax (Rate). (Exmept Goods) (Duty Credit Scrips and other goods)  35 36
The notification No. 34/2017‐Central Tax (Rate) seeks to amend

notification No. 1/2017‐Central Tax (Rate).

 34 35
Seeks to amend notification No. 13/2017‐CT(R) regarding services provided by Overseeing Committee members to RBI under RCM.  33 34
Seeks to amend notification No. 12/2017‐CT(R). (Exempt Services) (GTA services to unregistered non‐business persons and 2 other services)  32 33
Seeks to amend notification No. 11/2017‐CT(R). (Rate of Tax on services)  31 32
Exempting supply of services associated with transit cargo to Nepal and Bhutan.  30 31
seeks to exempt inter‐state supply of Skimmed milk powder, or concentrated milk 30
Seeks to amend notification no. 5/2017‐ central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding restriction of refund on corduroy fabrics.  29 29
Seeks to amend notification no. 2/2017‐ central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst exemptions.  28 28
Seeks to amend notification no. 1/2017‐ central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates.  27 27
Exempt certain supplies to NPCIL.  26 26
Seeks to amend notification No. 12/2017‐CT(R) to exempt right to admission to the events organised under FIFA U‐17 World Cup 2017.

 

 25 25
Seeks to amend notification No. 11/2017‐CT(R) to reduce CGST rate on specified supplies of Works Contract Services.  24 24
Seeks to amend notification No. 17/2017‐CT(R) to make ECO responsible for payment of GST on services provided by way of house‐keeping such as plumbing, carpentering etc. 23 23
Seeks to amend notification No. 13/2017‐CT(R) to amend RCM provisions for GTA and to insert explanation for LLP.  22 22
Seeks to amend notification No. 12/2017‐CT(R) to exempt services provided by Fair Price Shops to Government and those provided by and to FIFA for FIFA U‐17.

Also to substitute RWCIS & PMFBY for MNAIS & NAIS, and insert explanation for LLP.

 21 21
Seeks to amend notification No. 11/2017‐CT(R) to reduce CGST rate on specified supplies of Works Contract Services, job work for textile & textile products, printing service of books, newspapers etc, admission to planetarium, and, also to provide option to GTA & transport of passengers by motorcab service providers to avail full ITC & discharge CGST @ 6%  20 20
Seeks to reduce CGST rate on specified parts of tractors from 28% to 18 % 19 19
IGST exemption to SEZs on import of Services by a unit/developer in an SEZ 18
Rescinding Notification No. 15/2017‐Integrated Tax (Rate) dated 30.06.2017 17
Rate change on Fertilizers from 12% to 5%  18 16
Exemption from IGST to SEZ (Rescinded by 17/2017) 15
E‐Comm. operator to pay tax on Taxi & Hotels etc. u/s 9(5)  17 14
Specialised agencies for section 55 notified  16 13
refund of untilised ITC to builders  15 12
some supplies treated neither as a supply of goods nor a supply of service (Panchayats etc.)  14 11
Services under RCM (Corrigendum in sep 2017)  13 10
Exempt Services  12 9
Rate of Tax on Services under GST  11 8
Exemption from RCM u/s. 9(4) on Second Hand Goods i.e. for dealers operating under Margin Scheme * No exemption available under IGST ??  10
Exemption from RCM u/s. 9(4) to a TDS deductor by a supplier, who is otherwise not required to be registered. * No exemption available under IGST because if inter‐state supply then compulsory registration  9
Exemption from RCM upto Rs.5000 per day under section 11 (1) * No exemption available under IGST because if inter‐state supply then compulsory registration  8
Exemption on supplies by CSD to Unit Run Canteens and supplies by CSD /Unit Run Canteens to authorised customers notified under section 11 (1) and section 55 CSD  7 7
Refund of 50% of CGST on supplies to CSD under section 55  6 6
Restriction on Refund to some goods due to unutilised input tax credit under section 54 (3) 5 5
Goods under Reverse charge Mechanism RCM  4 4
2.5% concessional rate for supplies to exploration and Production  3 3
Exempted Goods under GST  2 2
Rate of Tax on Goods under GST  1 1

Compensation Cess Tax Notifications:

 

Notification No. & Date of Issue Subject
01/2017‐Compensation Cess ,dt.

provisions of Goods and Services Tax (Compensation to States) Act,

28‐06‐2017

Seeks to appoint the 1st day of July, 2017, as the date on which all the 2017 (15 of 2017) shall come into force

 

Compensation Cess Rate Notifications

 

Notification No. & Date of Issue Subject
07/2017‐Compensation Cess

(Rate),dt. 13‐10‐2017

Seeks to prescribe compensation cess rate on the leasing of motor vehicles.

06/2017‐Compensation Cess

 

(Rate),dt. 13‐10‐2017

 

Seeks to amend notification No. 2/2017‐Compensation Cess (Rate)

regarding reduction in cess rates for leasing of motor vehicles purchased and leased prior to 01.07.2017.

05/2017‐Compensation Cess

(Rate),dt. 11‐09‐2017

The notification amends the rates of compensation cess on various

motor vehicles.

04/2017‐Compensation Cess

 

(Rate),dt. 20‐07‐2017

Seeks to exempt 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 goods and services tax compensation cess on the value of outward supply of such second hand goods, as determined under sub‐rule (5) of rule 32 of the Central Goods and Services Tax Rules, 2017, from any supplier, who is not registered, from the whole of the goods and services tax compensation cess leviable thereon under section 8 of the Goods and Services Tax (Compensation to States) Act, read with sub‐section (4) of Section 9 of the Central Goods and Services Tax Act
03/2017‐Compensation Cess

 

(Rate),dt. 18‐07‐2017

Seeks to amend notification No. 1/2017‐ Compensation Cess (Rate), dated 28th, June, 2017 so as to increase the Compensation Cess rates on cigarettes as mentioned in the notification with effect from 18th, July, 2017
02/2017‐Compensation Cess

(Rate),dt. 01‐07‐2017

To notify the rates of compensation cess on supply of specified services
02/2017‐Compensation Cess

(Rate),dt. 28‐06‐2017

To notify the rates of compensation cess on supply of specified Services
01/2017‐Compensation Cess

(Rate),dt. 28‐06‐2017

 

Seeks to notify Rates of goods and services tax compensation cess under Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017).

 

 

 

GST Circulars

Circular No. & Date of Issue Subject
Circular No. 21/21/2017 dated 22‐11‐2017

GST dated 22.11.2017 is issued to clarify on Inter‐state movement of  rigs, tools and spares, and all goods on wheels [like cranes].

Circular No. 20/20/2017 dated 22‐11‐2017 GST dated 22.11.2017 is issued to clarify classification and GST rate on Terracotta idols.
Circular No. 19/19/2017 dated 20‐11‐2017 Clarification on taxability of custom milling of paddy.
Circular No. 18/18/2017 dated 16‐11‐2017 Refund of unutilized input tax credit of GST paid on inputs in respect of exporters of fabrics
Circular No. 17/17/2017 dated 15‐11‐2017 Manual filing and processing of refund claims in respect of zero‐rated supplies .
Circular No. 16/16/2017 dated 15‐11‐2017 Clarifications regarding applicability of GST and availability of ITC in respect of certain services.
Circular No. 15/15/2017 dated 06‐11‐2017

 

Due date for generation of FORM GSTR‐2A and FORM GSTR‐1A in accordance with the extension of due date for filing FORM GSTR‐1 and FORM GSTR‐2 respectively
Circular No. 14/14/2017 dated 06‐11‐2017 Procedure regarding procurement of supplies of goods from DTA by (EOU)/(EHTP Unit /STP Unit/BTP Unit .
Circular No. 13/13/2017 dated 27‐10‐2017 Clarification of classification of cut pieces of fabric under GST
Circular No. 12/12/2017 dated 26‐10‐2017 Seeks to clarify the applicability of GST on the superior kerosene oil [SKO] retained for the manufacture of Linear Alkyl Benzene [LAB].

 

Circular No. 11/11/2017 dated 20‐10‐2017 Clarification on taxability of printing contracts
Circular No. 10/10/2017 dated 18‐10‐2017 Clarification on movement of goods on approval basis
Circular No. 09/09/2017 dated 18‐10‐2017 Authorized officer for enrollment of Goods and Services Tax Practitioner
Circular No. 08/08/2017 dated 04‐0‐2017 Clarification on issues related to furnishing of Bond/LUT for exports.
Circular No. 07/07/2017 dated 01‐

09‐2017

System based reconciliation of information furnished in FORM GSTR‐1 and FORM GSTR‐2 with FORM GSTR‐3B – regarding.
Circular No.6/6/2017 dated the 27‐08‐2017

 

CGST dated 27.08.2017 is issued to clarify classification and GST rate on lottery.
Circular No.5/5/2017 dated the 11‐08‐2017 Circular on Bond/LUT in case of exports without payment of integrated tax.
Circular No.4/4/2017 dated the 07‐07‐2017 Regarding issues related to Bond/Letter of Undertaking for exports without payment of integrated tax – Reg..
Circular No.3/3/2017 dated the 05‐07‐2017 Proper officer relating to provisions other than Registration and Composition under the Central Goods and Services Tax Act, 2017–Reg
Circular No.2/2/2017 dated the 04‐07‐2017 Issues related to furnishing of Bond/ Letter of Undertaking for Exports–Reg
Circular No.1/1/2017 dated the  26th June, 2017

 

Proper officer for provisions relating to  Registration and Composition levy under the Central Goods and Services Tax Act, 2017 or the rules made thereunder.

 

 

IGST Circulars

Circular No. & Date of Issue Subject
2/1/2017‐IGST dated 27‐09‐2017

Clarification on supply of satellite launch services by ANTRIX Corporation Ltd

1/1/2017‐IGST dated 07‐07‐2017

Clarification on Inter‐state movement of various modes of conveyance, carrying goods or passengers or for repairs and maintenance‐ regarding

 

Compensation Cess Circulars

Circular No. & Date of Issue Subject
1/1/2017‐Compensation Cess

Seeks to provide clarification regarding applicability of section 16 of the IGST Act, 2017, relating to zero rated supply for the purpose of Compensation Cess on exports.

 

GST Orders

Order No. & Date of Issue Subject
Order‐10/2017‐GST dt. 15‐11‐2017

Seeks to extend the due date for revision of FORM GST TRAN‐1 under rule 120A (27‐12‐2017)

Order‐09/2017‐GST dt. 15‐11‐2017 Seeks to extend the due date for submitting FORM GST TRAN‐1 under rule 117 (27‐12‐2017)
Order‐08/2017‐GST dt. 28‐10‐2017 Extension of time limit for submitting the declaration in FORM GST Order‐08/2017‐GST dt. 28‐10‐2017 TRAN‐1 under rule 120A  (30‐11‐2017)
Order‐07/2017‐GST dt. 28‐10‐2017 Extension of time limit for submitting the    declaration in FORM GST Order‐07/2017‐GST dt. 28‐10‐2017 TRAN‐1 under rule 117 (30‐11‐2017)
Order‐06/2017‐GST dt. 28‐10‐2017 Extension of time limit for submitting application in FORM GST REG‐26 (31.12.2017)
Order‐05/2017‐GST dt. 28‐10‐2017 Extension of time limit for intimation of details of stock in FORM GST CMP‐03 (30‐11‐2017)
Order‐04/2017‐GST dt. 29‐09‐2017 Extension of time limit for intimation of details in FORM GST CMP‐03 (31‐10‐2017)
Order‐03/2017‐GST dt. 21‐09‐2017 Extension of time limit for submitting the declaration in FORM GST TRAN‐1 under rule 117 (31‐10‐2017)
Order‐02/2017‐GST dt. 18‐09‐2017 Extension of time limit for submitting the declaration in FORM GST TRAN‐1 under rule 120A (31‐10‐2017)
Order‐01/2017 dt. 21‐07‐2017

Extension of date for filing option for composition scheme (16‐08‐2017)

 

CGST Orders

Order No. & Date of Issue Subject
Order‐01/2017‐Central Tax dated 13‐10‐2017

To remove difficulties in implementing  provisions of composition scheme. (Restaurant ,caterers and other foods suppliers allowed to make exempt services along with composition scheme)

 

 

UGST Orders

Order No. & Date of Issue Subject
Order‐01/2017‐Union Territory Tax dated 13‐10‐2017

To remove difficulties in implementing provisions of composition scheme. (Restaurant ,caterers and other foods suppliers allowed to make exempt services along with composition scheme)

 

 

GST slashed on your Restaurant bills

Eating out & ordering food much more affordable.

Particular Rate of Tax (CGST + SGST) / Composition Levy
Restaurant under composition scheme Composition levy @ 5% of the turnover *
All stand alone restaurants (Air-conditioned or otherwise) 5% (without ITC)
Restaurants in Hotel premises having room tariff of less than Rs. 7,500 per unit per day. 5% (without ITC)
Restaurants in Hotel premises having room tariff of Rs. 7,500 and above per unit per day (even for a single room) 18% (Full ITC)
Is there any restaurant where the rate of tax is 28% ? No
Rate on tax on takeaway As applicable on serving of food for consumption on premise of that restaurant
Outdoor catering 18% (full ITC)

 

Note : As alcoholic liquor for human consumption is outside the purview of GST, such liquor served in restaurants will attract local taxes as per state laws.

*This is an amount to be paid in lieu of tax payable by restaurants opting for Composition Scheme & they shall not collect any tax from the customer on supplies made by them.

Central Board of Excise and Customs & 
Commercial Taxes Departments of States/Union Territories 
www. cbec.gov.in, www.cbec-gst.gov.in

Clarification about applicability of GST on Under Construction and Ready-To-Move-ln Property

As per GST law, 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, is a supply of service and liable to GST.

  1. Sale of building is an activity or consideration which is neither a supply of goods nor a supply of services(Para 5 ofschedule III of the CGSTAct, 2017).
  2. It flows from the above facts that, sale of ready-to-move-in or completed property does not attract GST. GST is payable only on under construction property as discussed below.
Property for which completion certificate has been issued
 
Under construction property
Entire consideration has been paid to the builder before 1″ July, 2017 to the builder before 1“ July, 2017 Part consideration has been paid to the builder before 1′ July, 2017
No GST is applicable on ready-to-move-in or completed property as per para 5(b) of Schedule II of CGST Act,2017. There is no GST payable on such property even if the construction is completed after 1′ July, 2017. This transaction will attract Service Tax at the rate of 4.5% because as for the Point of Taxation Rules, 2011 applicable to Service Tax, where the invoice was raised or payment made prior to the appointed date under GST, the point of taxation arose before the appointed day and thus such transaction attracts Service Tax and not GST. 4.5% of Service Tax is applicable on the invoices raised or consideration paid before the 1′ July, 2017. However, payment, made by the buyer to the builder on or after 1. July, 2017 against invoices issued on or after 1- July, 2017 shall attract GST@12%.

RATE OF GST

Effective rate of GST payable on purchase of under construction residence or commercial properties from a builder involving transfer of interest in land or individual share of land to the buyer, is 12% with full Input Tax Credit (ITC). [GST payable @ 18% on 2/3rd of the amount for the property; 1/3rd of the amount having r, been deemed as value of land or undivided share of land supplied to the buyer.]

Consideration which doesn’t constitute transfer in land or undivided share of land as part of consideration, such as construction services provided by a sub- contractor to the builder, attracts GST at the standard rate of 18% with full ITC.

Anti Profiteering Clause Operational Now

ANTI PROFITEERING CLAUSE OPERATIONAL NOW

Dr. Sanjiv Agarwal
FCA, FCS

The provisions on anti-profiteering are contained in the GST law as per following provisions:

ActParticular
CGST Act, 2017Section 171 on Anti-profiteering measures.
IGST Act, 2017Section 20 which stipulate that provisions of the GST Act, 2017
shall apply mutatis mutandis to IGST Act.
UTGST Act, 2017Section 21 which stipulate that provisions of GST Act, 2017
shall apply mutatis mutandis to UTGST Act.
SGST Act, 2017Section 171 on Anti-profiteering measures.

CGST Act, 2017 Section 171 on Anti-profiteering measures.
IGST Act, 2017 Section 20 which stipulate that provisions of the GST Act, 2017
shall apply mutatis mutandis to IGST Act.
UTGST Act, 2017 Section 21 which stipulate that provisions of GST Act, 2017
shall apply mutatis mutandis to UTGST Act.
SGST Act, 2017 Section 171 on Anti-profiteering measures.

The Rules for Anti Profiteering are contained in Chapter XV (Rule Nos. 122 to 137) of the Central Goods and Services Tax Rules, 2017.

As per section 171 of the CGST/SGST Act, any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices. An Authority may be constituted by the 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.

As per rule 127, Anti-Profiteering Authority (APA) shall be duty bound to:
· determine whether any reduction in rate of tax on any supply of goods or services or the benefit of the input tax credit has been passed on to the recipient by way of commensurate reduction in prices.
· identify the registered person who has not passed on the benefit of reduction in 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.
· pass an appropriate order.

The powers to take action are also listed as duties whereby it can order price reduction, refund of profit, recovery, penalty or even cancellation of GST registration.

The Authority constituted by Central Government will have powers to impose a penalty in case it finds that the price being charged has not been reduced consequent to reduction in rate of tax or allowance of input tax credit.

There has been considerable delay in constitution of anti-profiteering authority which took almost five months since GST was introduced and consumers had to face the brunt of inflation and undue profiteering. Now that GST Council has substantially lowered the tax rates on host of items, if the Authority plays its role well, it can be hoped that desirable benefits may accrue to consumers.

During the two years of initial transition into GST regime, Anti-Profiteering Authority (APA) will step in and may ask businesses that have not passed on full benefits of reduced tax burden to consumers to make up for such benefit, with interest.

The Government is committed to ensure all consumers enjoy the benefit of lower prices of goods and services under GST. Under GST, suppliers of goods and services must pass on any reduction in the rate of tax or the benefit of input tax credit to consumers by way of commensurate reduction in prices. If this is not done, the consumer’s interest is protected by the National Anti-profiteering Authority which may order:

(a) reduction in prices;
(b) return of the amount not passed on with interest @ 18% to the recipient;
(c) imposition of penalty; and
(d) cancellation of registration of the supplier.

Affected consumers may file an application, in the prescribed format, before the Standing Committee on Anti-profiteering if the profiteering has all-India character or before the StateScreening Committees if the profiteering is of local nature.


Though there is a legal provision in the GST law itself to take action against of undue profiteering, Government has taken various steps to ensure action on the part of manufacturers and suppliers so that the benefit is passed on to ultimate beneficiaries, i.e., the consumers. Even on existing stocks lying unsold, there is going to be revised prices put by way of stickers or otherwise. Since old and new (revised) prices would be displayed, a comparison thereof will show the benefit passed on due to lower tax cascading.

Based on the CBEC advisory, it is understood that major FMCG companies have taken positive steps to reduce the prices of goods resulting from cut in tax rates. This is reflected in the recent rate cut announcements in media by companies which has been possible with the use of technology to monitor billing / invoicing at retail level. Similarly, restaurants are also expected to pass on the benefit because of lower tax rate of 5% in place of 18% or 18% with input tax credit. Government had to take this step as restaurants were not passing on the benefit and there were complaints of undue profiteering. Lowering the rate also makes things simple for businesses as well as consumers.

One of the measures to curb undue profiteering could be to take a  eclaration or undertaking from vendors / suppliers that the due benefits accruing to them because of GST have been passed on. In case of large clients such as public sector enterprises or banks or large listed companies, there could even be mechanism of getting verification done by any external agency / internal auditor etc. Alternatively, such vendors or suppliers could be asked to tender a Chartered Accountant / Cost Accountant certificate to this effect. CBEC may also conduct test audits in this regard.

Undue or excessive (more than normal or reasonable profit) is bad, both from ethical as well as legal angle. Further, it is inflationary and does not help anyone except the profiteer itself or himself. Yes, Government’s revenue may also see a little upsurge resulting from higher turnover and profits. Prices ought to be brought down in post GST regime which have otherwise witnessed a rising trend post GST from July, 2017. This is also one of the reasons why Reserve Bank had not reduced the interest rates in this week’s monetary policy review, although GST has been introduced and propagated as non-inflationary tax due to removal of tax cascading.

How inflation has fared post GST in India can be seen in the following graph :

(Source: World Bank, Bloomberg)

It we look at other economies where GST was introduced earlier, the consumer price inflation witnessed a download trend. For example, in New Zealand (introduced in 1991), Singapore (introduced in 1994) and Malaysia (introduced in 2016). However, in Australia, where it was introduced in 2000, there has been a mixed trend with ups and downs.

So far as India is concerned, the main reasons behind inflationary trend are complexities in GST law for anti tax cascading effect, lack of knowledge and availment of correct input tax credit, businesses hiking up the prices just before GST, unethical profiteering by some suppliers, lack of  implementation machinery, hike in tax rates in GST regime for services,
small and unorganized sector not passing on benefits etc. Apart from other reasons, if antiprofiteering measure are implemented properly and monitoring is done properly, it may help curb avoidable inflation, i.e. it becomes crucial for Government today to seriously implement anti-inflationary / profiteering measures.

Government has also recently introduced form for making application for complaint of antiprofiteering by way of a prescribed form called Form APA F-1 which has to be filed before standing committee or state level screening committee as prescribed in Rules. However, the form introduced is very complex and consumers will only be discouraged to file a complaint. Applicant is also required to mention his code, registration number, HSN code, MRP etc. It is a technical form with many annexures. Separate application has to be filed for different type of goods and services. For example, if one has a single invoice for five items, he need to file five forms with copies of invoice(s), proof of identity, price lists, detailed working street etc so much so that even any professional would find it difficult to lodge a complaint.

Applications may be submitted to:
Standing Committee on Anti-profiteering
Second Floor, Bhai Vir Singh Sahitya Sadan, Bhai Vir Singh Marg,
Gole Market, New Delhi – 110001 Tel No. 011-23741537,
Fax No. : 011-23741542, Email: dgsafeguards@nic.in
or
State Screening Committees on Anti-profiteering
Contact details of State Screening Committee on Anti-profiteering
are available at URL : googl/eYJXnK

= = = = = = = = = =

Due Dates under GST

Due date for Filling returns
Form No. Nature of Return Period Turnover up to 1.5 Crore Turnover more than 1.5 Crore
GSTR1 Output Details July, 2017 31st December 2017 31st December 2017
August, 2017 31st December 2017
September, 2017 31st December 2017
October, 2017 15th February 2018 31st December 2017
November, 2017 10th Junauary 2017
December, 2017 10th February 2017
January, 2018 30th April 2018 10th March 2017
February, 2018 10th April 2017
March, 2018 10th May 2017
GSTR2 Input Details July, 2017 Would be worked out by committee of officers
August, 2017
September, 2017
October, 2017
November, 2017
December, 2017
January, 2018
February, 2018
March, 2018
GSTR3 Payment Details July, 2017 Would be worked out by committee of officers
August, 2017
September, 2017
October, 2017
November, 2017
December, 2017
January, 2018
February, 2018
March, 2018
GSTR4 Quarterly return for Composition levy July, 2017 24th December 2017 NA
August, 2017 NA
September, 2017 NA
October, 2017 NA
November, 2017 NA
December, 2017 NA
January, 2018 NA
February, 2018 NA
March, 2018 NA
GSTR5 Returns for Non Resident July, 2017 11th December 2017
August, 2017
September, 2017
October, 2017
November, 2017
December, 2017
January, 2018
February, 2018
March, 2018
GSTR6 Returns for ISD July, 2017 31st December 2017
August, 2017
September, 2017
October, 2017
November, 2017
December, 2017
January, 2018
February, 2018
March, 2018

 

Due date for Forms (ITC on Stock)
Form No. Nature of Return Period Due Date
ITC 01 Declaration for claim of input tax credit under sub-section (1) of section 18 One Time 30th November 2017
ITC 02 Declaration for transfer of ITC in case of sale, merger, demerger, amalgamation, lease or transfer of a business under sub-section (3) of section 18. Depend on Case to Case
ITC 03 Declaration for intimation of ITC reversal on inputs, inputs contained in semi-finished and finished goods and capital goods in stock under sub-section (4) of section 18 Depend on Case to Case
ITC 04 Details of Goods sent to Job work and received back July, 2017 30th November 2017
August, 2017
September, 2017
October, 2017
November, 2017
December, 2017
January, 2018
February, 2018
March, 2018
TRAN-1 Transitions Stock One Time 27th December 2017
Due date for Tax Payment and filling of Form 3B
Form No. Nature of Return Period Due Date
Form 3B Monthly return for Tax Payment July, 2017 25th August 2017
August, 2017 20th September 2017
September, 2017 20th October 2017
October, 2017 20th November 2017
November, 2017 20th December 2017
December, 2017 20th January 2018
January, 2018 20th February 2018
February, 2018 20th March 2018
March, 2018 20th April 2018

List of GST Forms and its Purpose

Sr. No.Relevant FormPurpose/Use
Download
0APAF 01Anti-Profiteering Application Form
1GST REG 01Application for Registration
2GST REG 03Issue notice for clarification or information about the application
3GST REG 04Reply of notice issued in Form GST REG-03
4GST REG 05Rejection of Application
5GST REG 06Registration Certificate
6GST REG 07Application for registration for persons required to deduct/collect tax at source
7GST REG 08Cancellation of Application made by persons required to deduct/collect tax at source
8GST REG 09Application for registration to Non-resident Taxable Person
9GST REG 10Application by Person supplying online information and data base access or retrieval services from a place outside India to a non-taxable online recipient
10GST REG 11Application for extension period by Casual Taxable Person and Non-Resident Taxable Person
11GST REG 12Order to register a person on a temporary basis - In case of suomoto Registration
12GST REG 13Application for allotment of Unique Identity Number
13GST REG 14Amendment in Registration Certificate
14GST REG 15Order for approval of Amendment
15GST REG 16Application for Cancellation of Registration
16GST REG 17Notice for cancellation of Registration
17GST REG 18Reply to notice of cancellation
18GST REG 19Order for cancellation of Registration
19GST REG 20If reply in Form GST REG-19 is found to be satisfactory, proceedings will be dropped
20GST REG 21Application for revocation of cancellation of registration
21GST REG 22Order for revocation of cancellation of registration
22GST REG 23Show cause notice by proper officer before rejection of application for revocation of cancellation of registration
23GST REG 24Reply to the show cause notice issued in Form GST REG-23
24GST REG 25Certificate of registration on provisional basis
25GST REG 26Application by person possessing provisional registration shall apply, for getting certificate of registration
26GST REG 27Show cause notice before cancellation of provisional registration
27GST REG 28Order of cancellation of provisional registration
28GST REG 29Application for cancellation of provisional registration by a person not liable to be registered under the Act
29GST REG 30Report on physical verification of place of business of a registered person
30GSTR - 1Statement for Filling of details of Outwards supplies by Normal Registered person
31GSTR - 2AStatement of auto populated data of Inward supplies on the basis of GSTR 1 to the recipient of goods & Services in case of normal registered person
32GSTR - 2Statement for Filling of details of Inward supplies by Normal Registered person
33GSTR - 3ANotice to return defaulter u/s 46 for not filing return
34GSTR - 3Filling of Monthly Return by Normal Registered Person
35GSTR - 3BFilling of Monthly return by Normal Registered person in cases where Time limit for filing of monthly return extended
36GSTR - 4AStatement of auto populated data of Inward supplies on the basis of GSTR 1 in case of person registere under Composition Scheme
37GSTR - 4Quartely return by Registered person paying tax under the provisions of section 10
38GSTR - 5Monthly Return by Registered non-resident taxable person
39GSTR - 5AStatement of auto populated data of Inward supplies on the basis of GSTR 1 in case of E commerec operator required to collect tax at source u/s 52
40GSTR - 6AStatement of auto populated data of Inward supplies on the basis of GSTR 1 in case of taxable person registered as an Input Service Distributor
41GSTR - 6Monthly Return by taxable person registered as an Input Service Distributor
42GSTR - 7Monthly Return by Registered person required to deduct tax at source under the provisions of section 51
43GSTR - 8Monthly Return by E commerce operator required to collect tax at source u/s 52
44GSTR - 9Annual return by Normal Taxable person other than an Input Service Distributor, a person paying tax u/s 51 or u/s 52, a casual taxable person and a non-resident taxable person
45GSTR - 9AAnnual Return by a person paying tax u/s 10
46GSTR - 9BAnnual Statement by Electronic commerce operator required to collect tax at source u/s 52
47GSTR - 9CSubmission of Audited Accounts by taxable person whose turnover exceeding Rs. 2 Crs
48GSTR - 10Final Return by every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax u/s 10 or u/s 51 or u/s 52 whose registration has been cancelled
49GSTR - 11Furnishing of Inward supplies by person issued a Unique Identification Number
50GST MIS - 1Final acceptance of input tax credit and communication thereof to the recipient
51GST MIS - 2Communication of discrepancy in claim of input tax credit to the supplier
52GST MIS - 3discrepancy in the details furnished by the operator and those declared by the supplier made available to the supplier
53GST MIS - 4discrepancy in the details furnished by the operator and those declared by the supplier made available to the e-commerce operator
54GST PCT - 1Application for registering as Goods and Service Tax Practitioner
55GST PCT - 2Enrolment of the applicant as Goods and Service Tax Practitioner
56GST PCT - 3Issue of Show Cause Notice by the authorised officer when GST Practitioner is found guilty of misconduct
57GST PCT - 4Order of disqualification as Goods & Service Tax Practitioner
58GST PCT - 5Authorization or withdrawal authorization of GSTRP by taxable person
59GST RFD - 01 With Annex 1 and 2For filling refund application
60GST RFD - 02Acknowledgement of application filed
61GST RFD - 03Communication of deficiency
62GST RFD - 04Sanction of refund on provisional basis
63GST RFD - 05Payment advice of refund
64GST RFD - 06Order of refund
65GST RFD - 07Details of amount of refund along with adjustments, if any
66GST RFD - 08Notice to the applicant for filling reply
67GST RFD - 09Reply by the applicant
68GST RFD - 10Refund application for person notified as per notification issued under section 55
69FORM GST RFD-11Furnishing of Bond or Letter of Undertaking for availing the option to supply goods or services for export without payment of integrated tax
70GST PMT - 01Electronic Liability Register
71GST PMT - 02Electronic Credit Ledger
72GST PMT - 03Re-credit of ITC to Electronic Credit Ledger on Account of Rejection of Refund
73GST PMT - 04Communication ofany discrepancy in Electronic Credit Ledger to proper officer
74GST PMT - 05Electronic Cash Ledger
75GST PMT - 06Challan for payment of GST
76GST CMP - 01Intimation about composition option in case of Migrated Assessee
77GST CMP - 02Intimation about composition option in case of existing assessee opting for composition levy
78GST CMP - 03Details of Stock including the inward supply of goods received from unregistered persons
79GST CMP - 04Where registered person ceases to satisfy any of the conditions mentioned in section 10 or these rules
80GST CMP - 05Show Cause Notice (SCN) by Proper Officer
81GST CMP - 06Reply to SCN
82GST CMP - 07Order of acceptance or rejection by Proper officer
83GST ASMT - 01Application for Provisional Assessment
84GST ASMT - 02Issuance of Notice by proper officer for documents or information or to appear in person for provisional assessment
85GST ASMT - 03Reply to notice received in Form GST ASMT-02
86GST ASMT - 04Order of Provisional Assessment
87GST ASMT - 05Bond to be executed along with security
88GST ASMT - 06Issuance of Notice by proper officer for documents or information for finalization of assessment
89GST ASMT - 07Order of Final Assessment
90GST ASMT - 08Application for release of security
91GST ASMT - 09Order by the proper officer for release of Security
92GST ASMT - 10Notice to inform discrepancy and seeking explanations
93GST ASMT - 11Reply to notice received in Form GST ASMT-10
94GST ASMT - 12Information about the acceptable data submitted in Form GST ASMT-11
95GST ASMT - 13Assessment order in the assessment of non-filer of return
96GST ASMT - 14Notice to Unregistered Person for Assessment
97GST ASMT - 15Assessment order in the assessment of Unregistered Person
98GST ASMT - 16Assessment order in the summary assessment in certain cases
99GST ASMT - 17Reply letter to oredr of GST ASMT-16
100GST ASMT - 18Order of withdrawal or rejection of the application in the summary assessment in certain cases
101GST ADT - 01Notice for selection of Audit
102GST ADT - 02For conclusion of audit
103GST ADT - 03Intimation about appointment of Chartered Accountant or Cost Accountant
104GST ADT - 04For conclusion of audit
105GST ARA - 01For filling application to advance Ruling Authority
106GST ARA - 02For filling Appeal to Appellate Authority for advance Ruling by the applicant
107GST ARA - 03For filling Appeal to Appellate Authority for advance Ruling by the the concerned officer or the jurisdictional officer
108GST TRAN - 1Transitional ITC / Stock Statement
109GST TRAN - 2Details of supplies of goods effected during the tax period for which deemed credit is availed
110GST ITC - 01Declaration for claim of credit in case of section 18(1)(c) and (d)
111GST ITC - 02Furnish the details of sale, merger, de-merger, amalgamation, lease or transfer of business by the transferor
112GST ITC - 03Details to be furnished in case of any events specified in section18(4)
113GST APL - 01For filling appeal to Appellate Authority by the Assessee
114GST APL - 02Final receipt of appeal Filed
115GST APL - 03For filling application to Appellate Authority by the Authorized Officer
116GST APL - 04Order of Appellate Authority/Appellate Tribunal
117GST APL - 05For filling appeal to Appellate Tribunal by the Assessee
118GST APL - 06For filling Memorandom of cross objection
119GST APL - 07For filling application to Appellate Tribunal by the Authorized Officer
120GST APL - 08For filling appeal to High Court
121FORM GST DRC-01Electronic summary issued of the amount payable along with SCN.
122FORM GST DRC-02Electronic summary issued of the amount payable along with Statement.
123FORM GST DRC-03Intimation by the taxpayer of the payment made before issuance of SCN or statement/within 30 days of service of SCN or statement
124FORM GST DRC-04Acknowledgement of the acceptance of payment
125FORM GST DRC-05Order by the proper officer concluding the proceedings.
126FORM GST DRC-06Representation by the taxpayer
127FORM GST DRC-07A summary of the order to be uploaded electronically
128FORM GST DRC-08Rectification of the order by the proper officer
129FORM GST DRC-09Authorizing specified officer to deduct amount payable from the money owed.
130FORM GST DRC-10Notice for Auction of sale of goods under the control of proper officer
131FORM GST DRC-11Issue of notice to the successful bidder
132FORM GST DRC-12Transfer of possession and issue of Certificate
133FORM GST DRC-13Notice for Recovery from a third person
134FORM GST DRC-14Issue of Certificate of discharge of liability by the Third person
135FORM GST DRC-15Recovery through execution of a decree, etc
136FORM GST DRC-16Order of attachment or distraint and notice for sale of attached movable or immovable property
137FORM GST DRC-17Notice for Auction of attached movable or immovable property
138FORM GST DRC-18Recovery through land revenue authority
139FORM GST DRC-19Recovery through court
140FORM GST DRC-20Payment of tax and other amount in installments - Application
141FORM GST DRC-21Payment of tax and other amount in installments - Order
142FORM GST DRC-22Provisional attachment of property
143FORM GST DRC-23Release of Property
144FORM GST DRC-24Recovery from company in liquidation
145FORM GST DRC-25Continuation of certain recovery proceedings
146FORM GST INS-01Authorization form for authorizing any other officer subordinate to Joint Commissioner to conduct the inspection or searchcase may be, seizure of goods, documents, books or things liable to confiscation
147FORM GST INS-02Order of seizure of goods, documents, books or things.
148FORM GST INS-03Order prohibiting that the owner or custodian of goods shall not remove, part with, or otherwise deal with the goods.
149GST INS - 04Execution of bond for release of seized goods.
150FORM GST INS-05Order for release of seized goods.
151FORM GST CPD-01Application for compounding of offences
152FORM GST CPD-02Order rejecting or granting immunity from prosecution

Anti Profiteering – The next challenge for India Inc.

  1. Introduction

India is a developing country and like any other developing country it faces a challenge of making available resources to its citizen.  Being a socialist republic, government has to ensure that the resources of the Country are not limited to a certain set of persons. Inline with the understanding, Government need to ensure that post introduction of Goods and Services Tax (“GST”), the prices of goods and services are not left to the wishes of the businessman and he should not pocket the tax at the cost of consumer.  Accordingly, Anti profiteering provisions are introduced in the GST statutes which shall keep a vigil and watch over the reasons for increase in prices post GST.  This article examines the provisions and implementation of anti profiteering provisions in GST.

  1. What is Anti Profiteering provision?

Section 171 of the Central Goods and Services Tax Act, 2017 (“CGST Act”) (provisions apply in same manner to other GST statutes) provides that a supplier of goods or services shall pass onto the recipient benefit of any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit by way of commensurate reduction in prices.

The provisions apply only to all classes of goods and services, which include food and beverages, industrial goods, household goods, all construction services by builders and developers etc.

How is compliance of Anti profiteering ensured by Government?

To effect the above provisions, it has been further provided that Central Government may, on recommendations of the Council, by notification, constitute an Authority, or empower an existing Authority constituted under any law for the time being in force, 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.

The Authority has been empowered to exercise such powers and discharge such functions as may be prescribed in the Rules.

Accordingly, the Rules provides for the following:

  • Constitution of National Anti-profiteering Authority (“hereinafter referred to as “Authority”)
  • Constitution of Authority, Standing Committee and Screening Committees
  • Appointment, salary, allowances and other terms and conditions of service of the Chairman and Members of the Authority
  • Power to determine the methodology and procedure
  • Duties of the Authority
  • Examination of application by the Standing Committee and Screening Committee
  • Initiation and conduct of proceedings

The Authority shall consist of following officers:

(a) a Chairman who holds or has held a post equivalent in rank to a Secretary to the Government of India; and

(b) four Technical Members who are or have been Commissioners of State tax or central tax for at least one year or have held an equivalent post under the existing law, to be nominated by the Council.

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.  Further, the Authority has been entrusted with the following duties:

  • to determine whether compliance of Section 171 requirement has been made by the supplier
  • to identify the registered person who has not passed on the requisite benefits to the recipient by way of commensurate reduction in prices
  • to order:
  • reduction in prices
  • return of the amount equivalent to the benefit under Section 171 to the recipient along with an interest at the rate of 18% from the date of collection till the date of return, or
  • recovery of the amount not returned and depositing the same in the Fund referred to in section 57
  • imposition of penalty as prescribed under the Act;
  • cancellation of registration under the Act
  1. Process of Anti evasion proceedings

The following shall be the process of determination of anti profioeeting proceedings:

  1. Application for Anti evasion proceedings

The above actions can be taken on the basis of any complaint where the complainant feels that the benefit of tax cut has not been passed on to him or on the basis of an application filed by the Commissioner or any other person. All applications from interested parties on issues of local nature shall first be examined by the State level Screening Committee.  Such Committee shall constituted by the respective State Governments and shall consist of:

  • an officer of the State Government, to be nominated by the Commissioner, and
  • an officer of the Central Government, to be nominated by the Chief Commissioner.

As of now, such Screening Committees have been constituted and details thereof are available on the government website.

If the Committee is convinced that the case is fit for Anti profiteering proceedings, it shall forward the application with its recommendations to the Standing Committee on Anti-profiteering.  The Standing Committee shall consist of such officers of the State Government and Central Government as may be nominated by the GST council, for further action.

  1. Investigation by DGS

If the Standing Committee finds the matter suitable for the proceedings, it shall then refer the matter to Director General of Safeguards (“DGS”) who shall undertake the enquiry.  DGS shall issue a notice to the interested parties and other parties as required for the investigation and to gather the requisite information.  DGS himself or under his authority, a subordinate can summon any person necessary either to give evidence or to produce a document or any other thing. DGS shall inform the interested parties of the following information:

(a) the description of the goods or services in respect of which the proceedings have been initiated;

(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.

For the above purpose, “interested party” includes

  1. suppliers of goods or services under the proceedings; and
  2. recipients of goods or services under the proceedings;

Cross examination of details provided by one party may be made available to the other parties who are participating in the proceedings. As part of investigation. DGS can also seek opinion of any other agency or statutory authorities.

The above proceedings shall be completed within 3 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.  On completion of enquiry, DGS shall present his report along with relevant records to the Standing Committee.

  1. Orders of the Authority

The Authority shall issue an order within a period of three months from the date of the receipt of the report from the DGS.  The order shall be passed after granting an opportunity of hearing to the interested parties.  The Authority shall 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. However, in case of difference of opinion on a matter, the decision shall be taken as per  the opinion of the majority.

Thus, in case the Authority finds that the registered person has passed the benefit to the buyer, an order providing said decision be communicated.  However, where the Authority determines that a registered person fails the test of Anti profiteering, 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;

  1. Time allowed for various process in Anti profiteering proceedings
S.No. Proceeding Time allowed
1. Application to Screening Committee Within a period of two months from the date of the receipt of a written application
2. Decision by Screening Committee
3. Decision by Standing Committee
4. Investigation and report by DGS Within 3 months from the date of reference by Standing Committtee or another three months when extended
5. Decision by Authority Within 3 months from the receipt of report

Conclusion:

To ensure compliance with the Anti Profiteering provisions, businesses should ensure and analyse any price increases made by them post July 1, 2017 by examining the increase in costs viz a viz benefits which have accrued on account of reduction in costs on count of increased ITC. Authority is a body which shall ensure that prices remain under check and that businesses do not gain from taxes at the cost of consumers.  While the provision shall deter unfair pricing and pocketing of taxes by business houses.  However, this may also become a medium for undue harassment, tool for troubling competitors etc if the mechanism is not effected in a fair manner.

Recommendations made by the GST Council in the 23rd meeting

Following are the Recommendations made by the GST Council in the 23rd meeting: –

  1. Changes in Filling of GST Returns
  • The time period for filing GSTR-2 and GSTR-3 for the months of July, 2017 to March 2018 would be worked out by a Committee of Officers.
  • All taxpayers would file return in FORM GSTR-3B along with payment of tax by 20th of the succeeding month till March, 2018.

   A . Due Date of Changes in GSTR-3B :

Period / Month GSTR‐3B along with payment
 July 2017 25‐Aug‐2017
 August 2017 20‐Sep‐2017
 September 2017 20‐Oct‐2017
 October 2017 20‐Nov‐2017
 November 2017 20‐Dec‐2017
December 2017 20‐Jan‐2018
January 2018 20‐Feb‐2018
February 2018 20‐Mar‐2018
March 2018 20‐Apr‐2018

   B . Due Date of Changes in GSTR-1 :

 

 

Period / Month

GSTR‐1  

 

GSTR‐2

 

 

GSTR‐3

Taxpayers with annual aggregate turnover upto Rs. 1.5 crore Taxpayers with annual aggregate turnover more than Rs. 1.5 crore
July 2017  

31‐Dec‐2017

31‐Dec‐2017  

 

 

The time period for filing GSTR‐2 and GSTR‐3 for the months of July 2017 to March 2018 would be worked out by a Committee of Officers.

August 2017 31‐Dec‐2017
September 2017 31‐Dec‐2017
October 2017  

15‐Feb‐2018

31‐Dec‐2017
November 2017 10‐Jan‐2018
December 2017 10‐Feb‐2018
January 2018  

30‐Apr‐2018

10‐Mar‐2018
February 2018 10‐Apr‐2018
March 2018 10‐May‐2018

 

   C . Other GST Returns : 

Form / Period Particulars Due Date
GSTR‐4

July to Sept 17

Quarterly return for registered person opting for composition levy 24‐Dec‐2017
GSTR‐5

July 2017

Return for Non‐resident taxable person 11‐Dec‐2017
GSTR‐5A

July 2017

Details of supplies of online information and database access or retrieval services by a person located outside India made to non‐taxable persons in India 15‐Dec‐2017
GSTR‐6

July 2017

Return for input service distributor 31‐Dec‐2017
TRAN‐1 Transitional ITC / Stock Statement 31‐Dec‐2017
ITC‐01 Declaration for claim of input tax credit under sub‐section (1) of section 18 30‐Nov‐2017
ITC‐04

July to Sept 17

Details of goods/capital goods sent to job worker and received back 31‐Dec‐2017

 

  1. Changes in GST Rates

A. Goods on which the Council has recommended reduction in GST rate from 28% to 18% include:

 

Item (HSN CODE) Description of Goods Old Rate New Rate
8544 Wire, cables, insulated conductors, electrical insulators, electrical plugs, switches, sockets, fuses, relays, electrical connectors 28 % 18 %
7322 Electrical boards, panels, consoles, cabinets etc for electric control or distribution 28 % 18 %
4411 Particle/fibre boards and ply wood. Article of wood, wooden frame, paving block 28 % 18 %
3405 Furniture, mattress, bedding and similar furnishing 28 % 18 %
4202 Trunk, suitcase, vanity cases, brief cases, travelling bags and other hand bags, cases 28 % 18 %
3401  30 Detergents, washing and cleaning preparations 28 % 18 %
3401 30 Liquid or cream for washing the skin 28 % 18 %
3305 Other Then 3305 9011, 3305 9019) Shampoos; Hair cream, Hair dyes (natural, herbal or synthetic) and similar other goods; henna powder or paste, not mixed with any other ingredient; 28 % 18 %
3307 Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, perfumery, cosmetic or toilet preparations, room deodorisers 28 % 18 %
3303 Perfumes and toilet waters 28 % 18 %
3304 Beauty or make-up preparations 28 % 18 %
8511 Fans, pumps, compressors 28 % 18 %
9405 Lamp and light fitting 28 % 18 %
Primary cell and primary batteries 28 % 18 %
7324 Sanitary ware and parts thereof of all kind 28 % 18 %
6910 Articles of plastic, floor covering, baths, shower, sinks, washbasins, seats, sanitary ware of plastic 28 % 18 %
6802 Slabs of marbles and granite 28 % 18 %
6808 Goods of marble and granite such as tiles 28 % 18 %
6901, 6904 Ceramic tiles of all kinds 28 % 18 %
9617 Miscellaneous articles such as vacuum flasks, lighters, 28 % 18 %
9101, 9102 Wrist watches, clocks, watch movement, watch cases, straps, parts 28 % 18 %
4203 Article of apparel & clothing accessories of leather, guts, furskin, artificial fur and other articles such as saddlery and harness for any animal 28 % 18 %
7321 Articles of cutlery, stoves, cookers and similar non electric domestic appliances 28 % 18 %
8212 Razor and razor blades 28 % 18 %
8443 Multi-functional printers, cartridges 28 % 18 %
8304 Office or desk equipment 28 % 18 %
7610 100 Door, windows and frames of aluminium. 28 % 18 %
6809 Articles of plaster such as board, sheet, 28 % 18 %
6810 Articles of cement or concrete or stone and artificial stone, 28 % 18 %
6807 Articles of asphalt or slate, 28 % 18 %
6814 Articles of mica 28 % 18 %
6906 Ceramic flooring blocks, pipes, conduit, pipe fitting 28 % 18 %
4814 Wall paper and wall covering 28 % 18 %
7009 Glass of all kinds and articles thereof such as mirror, safety glass, sheets, glassware 28 % 18 %
8423 Electrical, electronic weighing machinery 28 % 18 %
8424 Fire extinguishers and fire extinguishing charge 28 % 18 %
8427 Fork lifts, lifting and handling equipment, 28 % 18 %
8429 Bull dozers, excavators, loaders, road rollers, 28 % 18 %
8430 Earth moving and levelling machinery, 28 % 18 %
8428 Escalators, 28 % 18 %
8419 Cooling towers, pressure vessels, reactors 28 % 18 %
9618 Crankshaft for sewing machine, tailor’s dummies, bearing housings, gears and gearing; ball or roller screws; gaskets 28 % 18 %
8525 Electrical apparatus for radio and television broadcasting 28 % 18 %
8528 Sound recording or reproducing apparatus 28 % 18 %
8530 Signalling, safety or traffic control equipment for transports 28 % 18 %
9506 Physical exercise equipment, festival and carnival equipment, swings, shooting galleries, roundabouts, gymnastic and athletic equipment 28 % 18 %
9209 All musical instruments and their parts 28 % 18 %
6702 Artificial flowers, foliage and artificial fruits 28 % 18 %
1804 Cocoa butter, fat, oil powder, 28 % 18 %
2101 11 , 2101 120 Extract, essence ad concentrates of coffee, miscellaneous food preparations 28 % 18 %
1704 Chocolates, Chewing gum / bubble gum 28 % 18 %
1901 90  (Other then 1901 10,20) Malt extract and food preparations of flour, groats, meal, starch or malt extract 28 % 18 %
1905 32 Waffles and wafers coated with chocolate or containing chocolate 28 % 18 %
4013 Rubber tubes and miscellaneous articles of rubber 28 % 18 %
9005 Goggles, binoculars, telescope, 28 % 18 %
8528 Cinematographic cameras and projectors, image projector, 28 % 18 %
9010, 9011, 9012 Microscope, specified laboratory equipment, specified scientific equipment such as for meteorology, hydrology, oceanography, geology 28 % 18 %
3814 Solvent, thinners, hydraulic fluids, anti-freezing preparation 28 % 18 %

 

B. Goods on which the Council has recommended reduction in GST rate from 28% to 12% include:

 

Items (HSN CODE) Details of Goods Old Rate New Rate
8509 Wet grinders consisting of stone as grinder 28 % 12 %
8710 Tanks and other armoured fighting vehicles 28 % 12 %

 

C. Goods on which the Council has recommended reduction in GST rate from 18% TO 12% include:

 

Items  ( HSN CODE) Description of Goods Old Rate New Rate
0402 99 20 Condensed milk 18 % 12 %
1701 91 00 Refined sugar and sugar cubes 18 % 12 %
1902 Pasta 18 % 12 %
2103 90 10 Curry paste, mayonnaise and salad dressings, mixed condiments and mixed seasoning 18 % 12 %
2106 90 91 Diabetic food 18 % 12 %
2804 40 10 Medicinal grade oxygen 18 % 12 %
3215 Printing ink 18 % 12 %
4202 22 30 Hand bags and shopping bags of jute and cotton 18 % 12 %
6505 Hats (knitted or crocheted) 18 % 12 %
8436 Parts of specified agricultural, horticultural, forestry, harvesting or threshing machinery 18 % 12 %
8453 Specified parts of sewing machine 18 % 12 %
9003 Spectacles frames 18 % 12 %
9403 Furniture wholly made of bamboo or cane 18 % 12 %

 

D. Goods on which the Council has recommended reduction in GST rate from 18% TO 5% include:

 

Items (HSN CODE) Description of Goods Old Rate New Rate
2106 Puffed rice chikki, peanut chikki, sesame chikki, revdi, tilrevdi, khaza, kazuali, groundnut sweets gatta, kuliya 18 % 5 %
1105 Flour of potatoes put up in unit container bearing a brand name 18 % 5 %
0910 Chutney powder 18 % 5 %
6815 Fly ash 18 % 5 %
2503 Sulphur recovered in refining of crude 18 % 5 %
2621 Fly ash aggregate with 90% or more fly ash content 18 % 5 %
E. Goods on which the Council has recommended reduction in GST rate from 12% TO 5% include:

 

Items ( HSN CODE) Description of Goods Old Rate New Rate
0801 Desiccated coconut 12 % 5 %
5806 Narrow woven fabric including cotton newar [with no refund of unutilised input tax credit] 12 % 5 %
2106 Idli, dosa batter 12 % 5 %
4114 Finished leather, chamois and composition leather 12 % 5 %
9404 Coir cordage and ropes, jute twine, coir products 12 % 5 %
5608 Fishing net and fishing hooks 12 % 5 %
6309 Worn clothing 12 % 5 %
6815 Fly ash brick 12 % 5 %

 

F. Goods on which the Council has recommended reduction in GST rate from 5% TO Nil Rated include:

 

Items (HSN CODE) Description of Goods Old Rate New Rate
1106 Guar meal 5 % Nil  (0 %)
1210 Hop cone (other than grounded, powdered or in pellet form) 5 % Nil  (0 %)
0714 Certain dried vegetables such as sweet potatoes, maniac 5 % Nil  (0 %)
1404 Unworked coconut shell 5 % Nil  (0 %)
0303 Fish frozen or dried (not put up in unit container bearing a brand name) 5 % Nil  (0 %)
1701 Khandsari sugar 5 % Nil  (0 %)
G. Miscellaneous :
  • GST rates on aircraft engines from 28%/18% to 5%, aircraft tyres from 28% to 5% and aircraft seats from 28% to 5%.
  • GST rate on bangles of lac/shellac from 3% GST rate to Nil.

Note : All changes will be applicable after the notification issued

Understanding GSTIN formats

GSTIN is a fifteen digit alpha numeric number provided to each person registered under GST.  Following are the type of persons who can obtain registration in GST:

a.  Normal Registration

b.  Compositions registration

c.   Non resident registration

d.   Casual Person Registration

e.   Input Service Distributor

f.    UIN Holders

Different types of GSTIN are issued to identify different type and category of taxpayers which are as follows:

The state code is followed by the 10 digit PAN number (For TDS, it can be either PAN or TAN) followed by another 3 alpha numeric digits. Sample GSTIN for Normal Taxpayer, Composition Taxpayer, Casual Taxpayer etc. :

e.g. 07AAAAA1234A1Z1

  • For Non-resident Foreign Taxpayers or Non-resident online service provider,  the state code is followed by 2 digit year, 3 digit country code and 5 digit serial number per year and another 3 alpha numeric digits . Sample GSTIN for Non-resident Foreign Taxpayers and Non-resident online service provider :

e.g. 0717USA12345NF1 

  • For UN Bodies, Embassies etc. and other notified persons, the term used is UIN. For the UIN, The state code is followed by two digit year, 3 digit country code and 5 digit serial number and another 3 digit of alpha numeric character. Sample UIN for Embassies, UN Bodies and other notified person etc.:

e.g. 0717AUS12345UN1

GSTN has also provided a facility to search the registered taxpayer at https://services.gst.gov.in/services/searchtp.

Recent Changes in GST


Update on GST Notifications released on October 18 and 23, 2017


  1. Refund in case of deemed exports can be applied by:
(a) the recipient of deemed export supplies; or
(b) the supplier of deemed export supplies 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
  1. Relief to exporters to export beyond three months :
    GST Rates have been amended to provide that goods can be exported beyond three months from the date of issuance of invoice when allowed by Commissioner.
  1. Certain suppliers notified as deemed exports :
    Following supplies have been notified as deemed exports:
a. Supply of goods by a registered person against Advance Authorisation
b. Supply of capital goods by a registered person against Export Promotion Capital Goods Authorisation
c. Supply of goods by a registered person to Export Oriented Unit
d. 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.
  1. Documents to be produced by deemed exporter for refund : Documents have been notified which are to be produced by  supplier of deemed export supplies for claiming refund, which includes:
  1. Acknowledgment by the jurisdictional Tax officer of the Advance Authorisation holder or Export Promotion Capital Goods Authorisation holder, as the case may be, that the said deemed export supplies  have been received by the said Advance Authorisation or Export Promotion Capital Goods Authorisation holder, or a copy of the tax invoice under which such supplies have been made by the supplier, duly signed by the recipient Export Oriented Unit that said deemed export supplies have been received by it.
  2. An undertaking by the recipient of deemed export supplies that no input tax credit on such supplies has been availed of by him.
  3. An undertaking by the recipient of deemed export supplies that he shall not claim the refund in respect of such supplies and the supplier may claim the refund.
  1. Relief in case of supply of food for economically weaker sections : GST rate on food preparations put up in unit containers and intended for free distribution to economically weaker sections of the society under a programme duly approved by the Central Government or any State Government has been notified at 5%.  The rate is subject to further condition that when the supplier of such food preparations produces a certificate from an officer not below the rank of the Deputy Secretary to the Government of India or  the Deputy Secretary to the State Government or the Deputy Secretary in the Union Territory concerned to the effect that such food preparations have been distributed free to the economically weaker sections of the society under a programme duly approved by the Central Government or the State Government concerned, within a period of five months from the date of supply of such goods or within such further period as the jurisdictional commissioner of the Central tax or jurisdictional commissioner of the State tax, or jurisdictional officer of  the Union Territory Tax as the case maybe, may allow in this regard.
  1. Relief in case of supply of goods to exporters:  Registered Supplier when making supply of taxable goods to exporters shall be required to pay tax @0.1% (0.05% CGST + 0.05% SGST or 0.1%IGST) from GST provided following conditions are satisfied:
  1. the registered supplier shall supply the goods to the registered recipient on a tax invoice
  2. the registered recipient shall export the said goods within a period of ninety days from the date of issue of a tax invoice by the registered supplier
  3. the registered recipient shall indicate the Goods and Services Tax Identification Number of the registered supplier and the tax invoice number issued by the registered supplier in respect of the said goods in the shipping bill or bill of export, as the case may be
  4. the registered recipient shall be registered with an Export Promotion Council or a Commodity Board recognised by the Department of Commerce
  5. the registered recipient shall place an order on registered supplier for procuring goods at concessional rate and a copy of the same shall also be provided to the jurisdictional tax officer of the registered supplier
  6. the registered recipient shall move the said goods from place of registered supplier-
  1. directly to the Port, Inland Container Deport, Airport or Land Customs Station from where the said goods are to be exported; or
  2. directly to a registered warehouse from where the said goods shall be move to the Port, Inland Container Deport, Airport or Land Customs Station from where the said goods are to be exported
  1. the registered recipient shall place an order on registered supplier for procuring goods at concessional rate and a copy of the same shall also be provided to the jurisdictional tax officer of the registered supplier
  2. if the registered recipient intends to aggregate supplies from multiple registered suppliers and then export, the goods from each registered supplier shall move to a registered warehouse and after aggregation, the registered recipient shall move goods to the Port, Inland Container Deport, Airport or Land Customs Station from where they shall be exported
  3. in case of situation referred to in condition (vii), the registered recipient shall endorse receipt of goods on the tax invoice and also obtain acknowledgement of receipt of goods in the registered warehouse from the warehouse operator and the endorsed tax invoice and the acknowledgment of the warehouse operator shall be provided to the registered supplier as well as to the jurisdictional tax officer of such supplier; and
  4. when goods have been exported, the registered recipient shall provide copy of shipping bill or bill of export containing details of Goods and Services Tax Identification Number (GSTIN) and tax invoice of the registered supplier along with proof of export general manifest or export report having been filed to the registered supplier as well as jurisdictional tax officer of such supplier
  5. The registered supplier shall not be eligible for the above mentioned exemption if the registered recipient fails to export the said goods within a period of ninety days from the date of issue of tax invoice.

By CA. Gaurav Gupta