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E Way Bill implementation Deferred

Implementation of E Way Bill is postponed as communicated on twitter. Formal notification/communication is awaited

It is likely that the postponement may be for a short period and may be implemented with a higher threshold value.

The time available should be used to familiarize with the process.

Click download Notification 11/2018 - Central Tax.

Date : 02-02-2018

 

 

 

CBEC Notifications issued on 25-01-2018

Click to view / download the Notifications.

 

CGST Act (Rate) - Notification

 

S.No

Notification

Date

Subject

1.

09/2018 - Central Tax (Rate)

25-01-2018

Seeks to amend Notification No.45/2017-Central (Rate).

2.

08/2018 - Central Tax (Rate)

25-01-2018

Seeks to amend Notification No.1/2017-CGST (Rate).

3.

07/2018 - Central Tax (Rate)

25-01-2018

Seeks to amend Notification No.2/2017-CGST (Rate).

4.

06/2018 - Central Tax (Rate)

25-01-2018

Seeks to amend Notification No.1/2017-CGST (Rate).

5.

05/2018 - Central Tax (Rate)

25-01-2018

Seeks to exempt Central Government’s share of Profit Petroleum from Central tax.

6.

04/2018 - Central Tax (Rate)

25-01-2018

Seeks to provide special procedure with respect to payment of tax by registered person supplying service by way of construction against transfer of development right and vice versa.

7.

03/2018 - Central Tax (Rate)

25-01-2018

Seeks to amend notification No. 13/2017- Central Tax (Rate) so as to specify services supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a registered person under CGST Act, 2017 to be taxed under Reverse Charge Mechanism (RCM).

8.

02/2018 - Central Tax(Rate)

25-01-2018

Seeks to amend notification No. 12/2017- Central Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council in its 25th meeting held on 18.01.2018.

9.

01/2018 - Central Tax (Rate)

25-01-2018

Seeks to amend notification No. 11/2017- Central Tax (Rate) so as to notify CGST rates of various services as recommended by Goods and Services Tax Council in its 25th meeting held on 18.01.2018.

Date : 27-01-2018

CGST Notifications issued on 23-01-2018

Click to view / download the Notifications.

 

CGST Act (Non-Tariff) - Notification

 

S.No

Notification

Date

Subject

1.

10/2018 - Central Tax

23-01-2018

Amending notification No. 39/2017-Central Tax dated 13.10.2017 for cross-empowerment of State tax officers for processing and grant of refund

2.

09/2018 - Central Tax

23-01-2018

Amendment of notification No. 4/2017-Central Tax dated 19.06.2017 for notifying e-way bill website .

3.

08/2018 - Central Tax

23-01-2018

Extension of date for filing the return in FORM GSTR-6

4.

07/2018 - Central Tax

23-01-2018

Reduction of late fee in case of delayed filing of FORM GSTR-6.

5.

06/2018 - Central Tax

23-01-2018

Reduction of late fee in case of delayed filing of FORM GSTR-5A.

6.

05/2018 - Central Tax

23-01-2018

Reduction of late fee in case of delayed filing of FORM GSTR-5

7.

04/2018 - Central Tax

23-01-2018

Reduction of late fee in case of delayed filing of FORM GSTR-1

8.

03/2018 - Central Tax

23-01-2018

First Amendment 2018, to CGST Rules.

Date : 25-01-2018

 

 

CBEC – Revised GST FAQs

CBEC had earlier issued detailed FAQ on 31/03/2017.

Considering significant changes pursuant to the decisions of GST Council, CBEC has issued on 1st January, 2018 the updated version of the FAQs. It contains 24 chapters and 558 questions.

Click to download the CBEC FAQs – 01-01-2018

 

GST - Rate of Tax under Composition Scheme

Rate of Tax under Composition Scheme for Manufacturers and Traders has been reduced vide Notification No. 1/2018- Central Tax dated 1 January 2018.

The composition GST rate of tax is

  For Manufacturers who have opted for composition scheme will now have to pay 1% (0.5 % CGST + 0.5% SGST) as against total tax of 2% earlier.

  For Traders opting for composition scheme, the tax payable of 1% (0.5 % CGST + 0.5% SGST) applies only on their turnover of taxable supplies. So far, the tax was payable on total turnover.

Click to view / download Notification No. 1/2018- Central Tax dated 01/01/2018.

Date : 04-01-2018

CGST Act (Non-Tariff) - Notification

 

S.No

Notification

Date

Subject

1.

75/2017 – Central Tax

29-12- 2017

CGST (Fourteenth Amendment) Rules,2017

2.

74/2017 – Central Tax

29-12- 2017

Notifies the date from which E-Way Bill Rules shall come into force

3.

73/2017 – Central Tax

29-12- 2017

Waives the late fee payable for failure to furnish the return in FORM GSTR-4

4.

72/2017 – Central Tax

29-12- 2017

Extends the due dates for monthly furnishing of FORM GSTR-1 for taxpayers with aggregate turnover of more than Rs.1.5 crores.

5.

71/2017 – Central Tax

29-12- 2017

Extends the due dates for quarterly furnishing of FORM GSTR-1 for taxpayers with aggregate turnover of upto Rs.1.5 crore.

 

CGST Act - Circular

 

S.No

Circular

Date

Subject

1.

26/2017

29-12-2017

Filing of returns under GST

Date : 29-12-2017

CBEC Notifications / Circulars / Order issued on 21-12-2017

CBEC has issued notifications to extend the time limit for filing of FORM GSTR-5A, FORM GSTR-5, FORM GST ITC-01 and to amend in CGST Rules Form GSTR-1, Form GST RFD-01 and Form GST RFD-01A and also an order on extension of time limit for intimation in FORM GST CMP-03.

Circulars have been issued clarifying

  Manual filing of applications for GST Advance Ruling and appeals before Appellate Authority for Advance Ruling

  Manual filing and processing of refund claims on account of inverted duty structure, deemed exports and excess balance in electronic cash ledger

  Issues in maintenance of books of accounts by principal and an auctioneer for the purpose of auction of tea, coffee, rubber etc

  Clarification on issues regarding treatment of supply by an artist in various States and supply of goods by artists from galleries

Click on the relevant notification to view / download.

 

CGST Act (Non-Tariff) - Notification

 

S.No

Notification

Date

Subject

1.

70/2017 – Central Tax

21-12-2017

Seeks to further amend CGST Rules, 2017 (Thirteenth Amendment).

2.

69/2017 – Central Tax

21-12- 2017

Seeks to extend the time limit for filing FORM GSTR-5A.

3.

68/2017 – Central Tax

21-12- 2017

Seeks to extend the time limit for filing FORM GSTR-5.

4.

67/2017 – Central Tax

21-12- 2017

Seeks to extend the time limit for filing FORM GST ITC-01.

 

CGST Act - Circular

 

S.No

Circular

Date

Subject

1.

25/2017

21-12-2017

Manual filing of applications for Advance Ruling and appeals before Appellate Authority for Advance Ruling

2.

24/2017

21-12- 2017

Manual filing and processing of refund claims on account of inverted duty structure, deemed exports and excess balance in electronic cash ledger

3.

23/2017

21-12- 2017

Issues in respect of maintenance of books of accounts relating to additional place of business by a principal or an auctioneer for the purpose of auction of tea, coffee, rubber etc

4.

22/2017

21-12- 2017

Clarification on issues regarding treatment of supply by an artist in various States and supply of goods by artists from galleries

 

CGST Act - Order

 

S.No

Order

Date

Subject

1.

11/2017 – GST

21-12-2017

Extension of time limit for intimation in FORM GST CMP-03

 

Date : 22-12-2017

 

E Way Bill for Inter State Movement of Goods from February 1, 2018

The 24th GST Council meeting held today through videoconferencing decided to implement the nationwide e-way bill system with effect from February 1, 2018.

 

  The nationwide e-way bill system will be made ready in GSTN portal latest by 16/01/2018. Trade and transporters can use this system on voluntary basis from 16/01/2018

 The rules for implementation of e-way bill be system for inter-state movement of goods on compulsory basis from 01/02/2018 will be notified.

  The uniform system of e-way bill for both intra-state and inter-state movement of goods will be implemented across the country from 01/06/2018.

  The States may choose their own timings for implementation of e way bill system for intra-state movement of goods on any date before 01/06/2018.

Though the GST Council had decided in the meeting held in October, 2017 that e-way bill system would be implemented from April 1, 2018, it appears that the decision to advance the date of implementation may have been on concerns of fall in revenue collection.

Click to view/download Press Release on Inter State E-Way Bill.

Date : 16-12-2017

 

National Anti-Profiteering Authority

Section 171 of the CGST / SGST Act, 2017 mandates that 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.

The Government has constituted National Anti-Profiteering Authority with senior IAS officer BN Sharma as the first Chairman. The Technical members are JC Chauhan, Chairman Tax Tribunal, Himachal Pradesh; Bijay Kumar, Principal Commissioner, GST, Kolkata; CL Mahar, Principal Commissioner GST, Meerut, and R Bhagyadevi, ADG, Systems, Chennai.

 

If you do not see this happening

you have a redressal mechanism

Anti-Profiteering Redressal Mechanism

CBEC has now issued a flier on how the redressal mechanism works. Briefly, the process is :

Complaints on issues of local nature is to be filed with the State level Screening Committee

Issues other than of local nature is to be filed with Standing Committee.

The State level Screening Committee / Standing Committee will examine the complaint to confirm if there is prima facie evidence of profiteering.

The issue will then be referred to Director General of Safeguards (DGS).

 Based on the report of the DGS, the National Anti-Profiteering Authority will pass appropriate orders.

Orders of the Anti-Profiteering Authority

Rule 133 of the CGST/SGST Act provides that where the Authority determines that a registered person has not passed on the benefit of the reduction in the rate of tax on the supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices, the Authority may order-

(a) reduction in prices;

(b) return to the recipient, an amount equivalent to the amount not passed on by way of commensurate reduction in prices along with interest at the rate of eighteen per cent. from the date of collection of the higher amount till the date of the return of such amount or recovery of the amount including interest not returned, as the case may be, in case the eligible person does not claim return of the amount or is not identifiable, and depositing the same in the Fund referred to in section 57;

(c) imposition of penalty as specified under the Act; and

(d) cancellation of registration under the Act.

Click to view/download Anti-Profiteering Application Form.

Click to view/download CBEC flier on Anti-Profiteering Application Process.

Click to view/download CBEC flier on Anti-Profiteering Authority/Law

 

Date : 08-12-2017

Notifications to give effect to decisions of the GST Council.

Click on the relevant notification to view / download.

CGST Act (Tariff)

S.No

Notification

Date

Subject

1. 41/2017 – Central Tax Rate 14-11- 2017

Seeks to amend notification no. 1/2017- Central tax (rate) dated 28.06.2017 to give effect to GST council decisions regarding GST rates.

2. 42/2017 – Central Tax Rate 14-11- 2017

Seeks to amend notification no. 2/2017- Central tax (rate) dated 28.06.2017 to give effect to GST council decisions regarding GST exemptions

3. 43/2017 – Central Tax Rate 14-11- 2017

Seeks to amend notification no. 4/2017- Central tax (rate) dated 28.06.2017 to give effect to GST council decision regarding reverse charge on raw cotton.

4. 44/2017 – Central Tax Rate 14-11- 2017

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.

5. 45/2017 – Central Tax Rate 14-11- 2017

Seeks to provide concessional GST rate of 2.5% on scientific and technical equipments supplied to public funded research institutions.

6. 46/2017 – Central Tax Rate 14-11- 2017

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.

7. 47/2017 – Central Tax Rate 14-11- 2017

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.

IGST Act (Tariff)

S.No

Notification

Date

Subject

1. 43/2017 – Integrated Tax Rate 14-11- 2017

Seeks to amend notification no. 1/2017- Integrated tax (rate) dated 28.06.2017 to give effect to GST council decisions regarding GST rates.

2. 44/2017 – Integrated Tax Rate 14-11- 2017

Seeks to amend notification no. 2/2017- Integrated tax (rate) dated 28.06.2017 to give effect to GST council decisions regarding GST exemptions

3. 45/2017 – Integrated Tax Rate 14-11- 2017

Seeks to amend notification no. 4/2017- Integrated tax (rate) dated 28.06.2017 to give effect to GST council decision regarding reverse charge on raw cotton.

4. 46/2017 – Integrated Tax Rate 14-11- 2017

Seeks to amend notification no. 5/2017- Integrated tax (rate) dated 28.06.2017 to give effect to GST council decisions regarding restriction of ITC on certain fabrics.

5. 47/2017 – Integrated Tax Rate 14-11- 2017

Seeks to provide concessional GST rate of 5% on scientific and technical equipments supplied to public funded research institutions.

6. 48/2017 – Integrated Tax Rate 14-11- 2017

Seeks to amend notification No. 8/2017-IT(R) so as to specify rate @5% for standalone restaurants and @18% for other restaurants, reduce rate of job work on “handicraft goods” @ 5% and to substitute “Services provided” in item (vi) against Sl No. 3 in table.

7. 49/2017 – Integrated Tax Rate 14-11- 2017

Seeks to amend notification No. 9/2017-IT(R) so as to extend exemption to admission to “protected monument” and to consolidate entry at Sl. No. 12A & 12B.

8. 50/2017 – Integrated Tax Rate 14-11- 2017

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.

UTGST Act (Tariff)

S.No

Notification

Date

Subject

1.

41/2017 – Union Territory Tax Rate

14-11- 2017

Seeks to amend notification no. 1/2017- Union Territory tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates.

2.

42/2017 – Union Territory Tax Rate

14-11- 2017

Seeks to amend notification no. 2/2017- Union Territory tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst exemptions

3.

43/2017 – Union Territory Tax Rate

14-11- 2017

Seeks to amend notification no. 4/2017- Union Territory tax(rate) dated 28.06.2017 to give effect to gst council decision regarding reverse charge on raw cotton.

4.

44/2017 – Union Territory Tax Rate

14-11- 2017

Seeks to amend notification no. 5/2017- Union Territory tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding restriction of ITC on certain fabrics.

5.

45/2017 – Union Territory Tax Rate

14-11- 2017

Seeks to provide concessional GST rate of 2.5% on scientific and technical equipments supplied to public funded research institutions.

6.

46/2017 – Union Territory Tax Rate

14-11- 2017

Seeks to amend notification No. 11/2017-UTT(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.

7.

47/2017 – Union Territory Tax Rate

14-11- 2017

Seeks to amend notification No. 12/2017-UTT(R) so as to extend exemption to admission to “protected monument” and to consolidate entry at Sl. No. 11A & 11B.

Date : 15-11-2017

GST Rate of Tax Rejig

The GST Council, in a welcome move, revisited and reviewed the earlier basis of determination of Rate of Tax of Goods based on the equivalence principle of fitting in the goods in the slabs that was closer to the aggregate taxes levied under the earlier regime.

Here is the gist of the recommendations :

GST rate changes on Goods

GST Rate reduced to 18% from 28% on 178 headings at 4-digit level (including 4 tariff heading that are partially pruned). After these changes, only 50 items will attract GST rate of 28%

GST on 2 items has been reduced to 12% from 28%

GST on 13 items has been reduced to 12% from 18%

GST on 6 items has been reduced to 5% from 18%

GST on 8 items has been reduced to 5% from 12%

GST on 6 items has been reduced to 0% from 5%

GST rates on aircraft engines from 28%/18% to 5%, aircraft tyres from 28% to 5% and aircraft seats from 28% to 5% and GST rate on bangles of lac/shellac from 3% GST rate to Nil.

GST rate changes on Services

All stand-alone restaurants irrespective of air conditioned or otherwise, will attract 5% without ITC. Food parcels (or takeaways) will also attract 5% GST without ITC.

Restaurants in hotel premises having room tariff of less than Rs 7500 per unit per day will attract GST of 5% without ITC.

Restaurants in hotel premises having room tariff of Rs 7500 and above per unit per day (even for a single room) will attract GST of 18% with full ITC.

Outdoor catering will continue to be at 18% with full ITC.

GST on services by way of admission to "protected monuments" to be exempted.

GST rate on job work services in relation to manufacture of those handicraft goods in respect of which the casual taxable person has been exempted from obtaining registration, to be reduced to 5% with full input tax credit.

Rationalization of certain exemption entries relating to services provided by Fair Price Shops to the Central Government, State Governments under PDS, permanent transfer of Intellectual Property.

It is also informed that certain clarifications would be issued relating to ITC of GST paid on aircraft engines, parts & accessories, exclusion of certain products from the definition of agricultural produce and services provided to the Government under any insurance scheme for which total premium is paid by the Central Government

All the changes relating to tax rates will take effect from 15/11/2017 after issue of necessary notification by the Central Government and State Governments.

Click to view / Download Recommendations of GST Council on GST Rate changes -10/11/2017

GST Council – Recommendation on Changes in composition scheme:

(i) Uniform rate of tax @ 1% under composition scheme for manufacturers and traders (for traders, tax is liable only on supply of taxable goods while for the purpose of determining the eligibility, turnover of exempted goods would also be considered). No change for composition scheme for restaurant.

(ii) Supply of services by Composition taxpayer upto Rs 5 lakh per annum will be allowed by exempting the same

(iii) Annual turnover eligibility for composition scheme is contemplated to be increased to Rs 2 crore from the present limit of Rupees 1 crore. Thereafter, eligibility for composition will be increased to Rs. 1.5 Crore per annum.

(iv) The changes recommended by GST Council at (ii) and (iii) above will be implemented only after the necessary amendment of the CGST Act and SGST Acts.

Click to view / Download Recommendations of GST Council on Composition Scheme -10/11/2017

Changes in cycle of filing of Return

GSTR 3B to continue till March, 2018

It is recommended by the GST Council that all taxable persons would continue to file From GSTR 3B along with payment of tax by 20th of the succeeding month till March, 2018.

Filing of GSTR-2 and GSTR-3 for the months of July, 2017 to March 2018 is put on hold and the time period for filing of GSTR-2 and GSTR-3 would be worked out by a Committee of Officers.

However, filing of GSTR-1 will continue for the entire period without requiring filing of GSTR-2 & GSTR-3 for the previous month / period.

The timelines for filing of GSTR 1 by all taxable persons is as follows ;

(a) Taxpayers with annual aggregate turnover upto Rs. 1.5 crore need to file GSTR-1 on quarterly basis as per following frequency:

 

Period Dates
Jul- Sep 31st Dec 2017
Oct- Dec 15th Feb 2018
Jan- Mar 30th April 2018

(b) Taxpayers with annual aggregate turnover more than Rs. 1.5 crore need to file GSTR-1 on monthly basis as per following frequency:

 

Period Dates
Jul- Oct 31st Dec 2017
Nov 10th Jan 2018
Dec 10th Feb 2018
Jan 10th Mar 2018
Feb 10th Apr 2018
Mar 10th May 2018

Late fee

Late fee collected for the months of July, August and September, 2017 is waived and will be re-credited to their Electronic Cash Ledger under “Tax” head instead of “Fee” head so as to enable them to use that amount for discharge of their future tax liabilities. The software changes for this would be made and thereafter this decision will be implemented.

The late fee for period from October 2017 onward for a taxpayer whose tax liability for that month was ‘NIL’will be Rs. 20/- per day (Rs. 10/- per day each under CGST & SGST Acts) and for others the late fee will be Rs. 100 per day (Rs. 50/- per day each under CGST & SGST Acts)

Extension of due dates of other Returns

S. No. FORM and Details Original due date Revised due date
1

GST ITC-04 for the quarter July-September, 2017

25.10.2017

31.12.2017

2

GSTR-4 for the quarter July-September, 2017

18.10.2017

24.12.2017

3

GSTR-5 for July, 2017

20.08.2017 or 7 days from the last date of registration whichever is earlier

11.12.2017

4

GSTR-5A for July, 2017

20.08.2017

15.12.2017

5

GSTR-6 for July, 2017

13.08.2017

31.12.2017

6

TRAN-1

30.09.2017

31.12.2017 (One-time option of revision also to be given till this date)

Revised due dates for subsequent tax periods will be announced in due course.

Advance Ruling

Till E-Filing of Advance Ruling Application is enabled, the facility for manual filing of application for advance ruling is being introduced for the time being.

Further benefits for service providers

Exports of services to Nepal and Bhutan have already been exempted from GST. It has now been decided that such exporters will also be eligible for claiming Input Tax Credit in respect of goods or services used for effecting such exempt supply of services to Nepal and Bhutan.

In an earlier meeting of the GST Council, it was decided to exempt those service providers whose annual aggregate turnover is less than Rs. 20 lakhs (Rs. 10 lakhs in special category states except J&K) from obtaining registration even if they are making inter-State taxable supplies of services. As a further measure towards taxpayer facilitation, it has been decided to exempt such suppliers providing services through an e-commerce platform from obtaining compulsory registration provided their aggregate turnover does not exceed twenty lakh rupees. As a result, all service providers, whether supplying intra-State, inter-State or through e-commerce operator, will be exempt from obtaining GST registration, provided their aggregate turnover does not exceed Rs. 20 lakhs (Rs. 10 lakhs in special category States except J&K).

Benefits for Diplomatic Missions/UN organizations

In order to lessen the compliance burden on Foreign Diplomatic Missions / UN Organizations, a centralized UIN will be issued to every Foreign Diplomatic Mission / UN Organization by the Central Government and all compliance for such agencies will be done by the Central Government in coordination with the Ministry of External Affairs.

Relevant notifications for all of the above decisions will be issued shortly, so as to be effective from 15.11.2017.

Click to view / Download Recommendations of GST Council on Returns and Other procedural matters -10/11/2017

Date : 11/11/2017