GST INDIA NEWS – UPDATES – GSTSEVA https://www.gstseva.com A goods and service tax news updates and blog website GST India Sun, 14 Oct 2018 13:59:13 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 https://www.gstseva.com/wp-content/uploads/2017/07/gst-150x150.png GST INDIA NEWS – UPDATES – GSTSEVA https://www.gstseva.com 32 32 GST: Clarification on Sanction of GST Refunds https://www.gstseva.com/gst-clarification-on-sanction-of-gst-refunds Sat, 13 Oct 2018 04:17:26 +0000 https://www.gstseva.com/?p=9398 Updated On October 14th, 2018

Gst :Clarification on Sanction of GST Refunds

It has been noticed that unverified reports of pending GST refunds on account of exports are published in the print media by trade bodies. These figures being put out in the public domain are exaggerated and thus inaccurate. It is a fact that a large number of exporters have been granted refunds so far while a few claims are still pending owing to deficiencies found in the claims. 

In this regard, it is clarified that about 92.68% (Rs 38,824 crore) of the total IGST refund claims (Rs. 41,889 crore) transmitted to Customs from GSTN as on date have already been disposed. The remaining claims amounting to Rs. 3065 crores are held up on account of various deficiencies which have been communicated to exporters for remedial action.

In the case of RFD-01A (ITC Refund) claims with Centre and States, the pendency as on date is only Rs 2,077 Crore. Out of the refund claims of Rs. 39,372 Crore received, provisional/final order has been issued in case of refunds amounting to Rs. 32,345 Crore. In claims amounting to Rs. 4,951 Crore, deficiency memos have been issued. Thus, actual pendency is far less than is being put out for the knowledge of the public. The overall disposal of GST refunds is Rs 71,169 Crore till date. Refund claims without any deficiency are being cleared expeditiously. 

Efforts are being made continuously to clear all the dues on account of pending refund claims. Co-operation of the exporter community is solicited to ensure that they exercise due diligence while filing GSTR 1 and GSTR 3B returns as well as Shipping Bills. 

Extensive outreach programmes have been conducted along with issuance of guidance circulars, advisories, FAQs, advertisements etc and also an alternative procedure involving manual interface has been provided where the errors could not be corrected online. The efforts are beginning to show positive results. The exporting community is assured that all their eligible refund claims will be sanctioned without any delay. Further, the export bodies are also requested to put out only verified figures in their press communication as unsubstantiated reports cause needless alarm amongst the exporters.

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GST : GSTP examination important gst news https://www.gstseva.com/gst-gstp-examination-important-gst-news Wed, 10 Oct 2018 18:34:07 +0000 https://www.gstseva.com/?p=9384 Examination for Confirmation of Enrollment of GST Practitioners; Last date of registration now extended up to 15th October 2018

The National Academy of Customs, Indirect Taxes and Narcotics (NACIN) is conducting an examination for confirmation of enrollment of Goods and Services Tax Practitioners (GSTPs) enrolled on the GST Network under sub-rule (2) of Rule 83 and covered by clause (b) of sub-rule (1) of Rule 83 of Central Goods and Service Tax Rules, 2017. Such GSTPs are required to pass the examination before 31 December, 2018. The examination will be held on 31.10.2018 from 1100 hrs to 1330 hrs at designated examination centres across India. In this matter kindly refer Press Release dated 17 September, 2018. 

The registration for this exam by the eligible GSTPs has already started on 25 September, 2018, on a registration portal, link of which has been provided on NACIN and CBIC websites under the TAB “GSTP Exam Registration”. 

 The last date of registration which was previously 10 October 2018, is now extended up to 15 October 2018 (11:59:59PM). All eligible candidates are requested to register themselves on the Exam registration portal urgently. (https://nacin.onlineregistrationform.org/NACIN/LoginAction_loadIndex.action)

 

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Flipkart’s Big Billion Days or E-commerce festival sales may boost GST tax revenue https://www.gstseva.com/flipkarts-big-billion-days-or-e-commerce-festival-sales-may-boost-gst-tax-revenue Wed, 10 Oct 2018 11:47:26 +0000 https://www.gstseva.com/?p=9369

Highlights 

Festive time: Like every year, online e-commerce site liking increase in sales volume

TCS provisions applicable from 01 Oct, 2018 this year

Rate of TCS is notified as 1% of net taxable supplies for intra-state supplies. (i.e 0.5% of CGST and 0.5% of SGST )

Rate of TCS is notified as 1% of net taxable supplies for inter-state supplies. (1% of IGST)

More deduction for online seller

Present Avg GST collection 85-100K crore per month.

Flipkart big billion days sale, Amazon Great Indian Festival offers and sales on all other e-commerce portal like paytm, snapdeal etc is not only bringing offers for consumers. But here the Tax department looking for huge tax collection in GST

Flipkart-Big-Billion-Days-sale

Last month by notification government notified 1st october 2018 is the date when the provisions of TCS will applicable on e-commerce portal. 

What is TCS (Tax Collected At Source) under GST?

Tax Collected at Source (TCS) under GST means the tax collected by an e-commerce operator from the consideration received by it on behalf of the supplier of goods, or services who makes supplies through operator’s online platform. TCS will be charged as a percentage on the net taxable supplies.

According to section 52 of CGST Act, 2017 every e-commerce operator require to deduct tax @1%  of the net value of taxable supplies made through it by other suppliers. 

Rate of TCS is notified as 1% of net taxable supplies for intra-state supplies. (i.e 0.5% of CGST and 0.5% of SGST )

Rate of TCS is notified as 1% of net taxable supplies for inter-state supplies. (1% of IGST)

Who is liable to Deduct TCS?

Every E-commerce operator 

How will this boost TAX revenue?

Every year e-commerce companies do business in thousand of crores during festival season but there is no GST tax collection for government directly from these companies. Only the seller were responsible to submit their tax.

But from this year- E-commerce companies has to deduct 1% of the total sales value and deposit it to government. 

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Cabinet approves increasing of Government ownership in Goods and Services Tax Network and change in the existing structure with transitional plan https://www.gstseva.com/cabinet-approves-increasing-of-government-ownership-in-goods-and-services-tax-network-and-change-in-the-existing-structure-with-transitional-plan Wed, 26 Sep 2018 14:42:11 +0000 https://www.gstseva.com/?p=9295 The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi has approved increasing of Government ownership in Goods and Services Tax Network (GSTN) and change in the existing structure with transitional plan as per following:

  • Acquisition of entire 51% equity held by the Non-Government Institutions in GSTN equally by the Centre and the State Governments and allow GSTN Board to initiate the process for acquisition of equity held by the private companies.
  • The restructure GSTN, with 100% government ownership shall have equity structure between the Centre (50%) and the States (50%).
  • To allow change in the existing composition of the Board of GSTN inducting three directors from the Centre and the States and three other independent directors to be nominated by the Board of Directors and one Chairman and the CEO.  Thus the total number of Directors is 11.
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Extension of Due Dates for filing of FORM GSTR-1 and FORM GSTR-3B in certain cases https://www.gstseva.com/extension-of-due-dates-for-filing-of-form-gstr-1-and-form-gstr-3b-in-certain-cases Mon, 10 Sep 2018 15:43:51 +0000 https://www.gstseva.com/?p=9235 PIB News

It has been observed that the number of taxpayers who have filed FORM GSTR-3B is substantially higher than the number of taxpayers who have furnished FORM GSTR-1. Non-furnishing of FORM GSTR-1 is liable to late fee and penalty as per the provisions of the GST law. In order to encourage taxpayers to furnish FORM GSTR-1, a one-time scheme to waive off late fee payable for delayed furnishing of FORM GSTR-1 for the period from July, 2017 to September, 2018 till 31.10.2018 has been launched.

In this regard, the due date for furnishing FORM GSTR-1 for the period from July, 2017 to September, 2018 has been extended till 31st October, 2018 for all registered persons having aggregate turnover above Rs 1.5 crores including the registered persons in Kerala, or whose principal place of business is in Kodagu (Karnataka) and Mahe (Puducherry). For taxpayers having aggregate turnover up to Rs 1.5 crores, the due date for furnishing FORM GSTR-1 for the quarters from July, 2017 to September, 2018 has been extended till 31st October, 2018. Notification Nos. 43 and 44/2018 – Central Tax dated 10th September, 2018 have been issued in this regard. For registered persons having aggregate turnover up to Rs 1.5 crores in Kerala, or whose principal place of business is in Kodagu (Karnataka) and Mahe (Puducherry), the due date for furnishing FORM GSTR-1 for the quarter July, 2018 to September, 2018 would continue to remain as 15th November, 2018 as notified vide notification No. 38/2018-Central Tax dated 24th August, 2018.

Further, for those taxpayers who will now be migrating to GST as per the procedure specified in notification No. 31/2018-Central Tax, dated 06.08.2018, the last date for furnishing the details of outward supplies of goods or services or both in FORM GSTR-1 and for filing the return in FORM GSTR-3B for the months of July, 2017 to November, 2018 has been extended till 31.12.2018. Notification Nos. 45, 46 and 47/2018 – Central Tax dated 10th September, 2018 have thus been issued for extension of dates for filing FORM GSTR-3B.

It is hereby clarified that as per the provisions of section 16 (4) of the Central Goods and Services Tax Act, 2017, the registered person shall not be entitled to take input tax credit in respect of any invoice after the due date of furnishing of the return for the month of September following the end of financial year to which such invoice pertains; or furnishing of the relevant annual return, whichever is earlier. The taxpayers are thus, advised to furnish their returns on time to ensure that input tax credit does not become time barred.

Here is the link http://www.pib.nic.in/PressReleaseIframePage.aspx?PRID=1545562#.W5ZsHJt7wKA.twitter

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Extension of last date for filing GST returns by taxpayers in Kerala, Mahe and Kodagu extended https://www.gstseva.com/gst-due-date-in-kerala Tue, 21 Aug 2018 14:26:05 +0000 https://www.gstseva.com/?p=9226 Updated On September 26th, 2018

Extension of last date for filing GST returns by taxpayers in Kerala, Mahe and Kodagu extended

Posted On: 21 AUG 2018 6:57PM by PIB Delhi

In view of the disruption caused due to severe floods in Kerala, Mahe (Puducherry) and Kodagu (Karnataka), the Competent Authority has extended the due dates for filing of the following GST returns by taxpayers registered in these areas:

 

Sl. No. Return Class of taxpayers registered in Kerala, Mahe (Puducherry) and Kodagu (Karnataka) Extended due date
1 FORM GSTR-3B for the month of July, 2018 All taxpayers 5th October, 2018
2 FORM GSTR-3B for the month of August, 2018 All taxpayers 10th October, 2018
3 FORM GSTR-1 for the quarter July to September, 2018 Taxpayers having turnover upto Rs. 1.5 crore 15thNovember, 2018
4 FORM GSTR-1 for the month of July, 2018 Taxpayers having turnover  above Rs. 1.5 crores 5th October, 2018
5 FORM GSTR-1 for the month  of August, 2018 Taxpayers having turnover  above Rs. 1.5 crores 10th October, 2018

 

The relevant Notifications for the same shall be issued shortly.

 

 

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NIL return under GST can file by sms now https://www.gstseva.com/nil-return-under-gst-can-file-by-sms-now Sat, 21 Jul 2018 18:56:25 +0000 https://www.gstseva.com/?p=9218 The Council approved quarterly filing of return for the small taxpayers having turnover below Rs. 5 Cr as an optional facility.

Quarterly return shall be similar to main return with monthly payment facility but for two kinds of registered persons – small traders making only B2C supply or making B2B + B2C supply.

Taxpayers would have facility to create his profile based on nature of supplies made and received. The fields of information which a taxpayer would be shown and would be required to fill in the return would depend on his profile.
NIL return filers (no purchase and no sale) shall be given facility to file return by sending SMS.

download full press release here

New Return process GST Council recommendation 28th meet

 

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Something good for traders, GST council recommends rate reduction https://www.gstseva.com/something-good-for-traders-gst-council-recommends-rate-reduction Sat, 21 Jul 2018 18:47:06 +0000 https://www.gstseva.com/?p=9213 New Delhi: GST council in their 28th meeting recommend the rate reduction on around 60 products. Sanitary napkins fully exempted.

Download press release from below

1. GST rates on services recommendation by GST council 28th meet

2. Goods rates Recommendations by GST council 28th meet

*GST Council Updates*

1. Quarterly Returns approved for taxpayers with turnover less than Rs 5cr ( *tax payments to continue on monthly basis*)

2. Sanitary Napkins exempted from GST going forward

3. No decision on 1% sugar cess

4. GST on bamboo flooring reduced to 12%

5. GST on hotels would now be on actual tariff & not declares tariff

6. Ethanol for Oil Marketing Companies now at 5% vs 18% earlier

7. 5% GST ceiling on footwear raised from Rs 500 to Rs 1000

8. GST on paints & varnishes, wall putty cut from 28% to 18%
9. GST on all leather items cut from 28% to 18%

10. GST on consumer electronics – *TV (up to 27″), Washing Machine, Refrigerator, mixer, juicer, grinder* cut from 28% to 18%

11. GST on special purpose vehicles, work truck, trailer cut from 28% to 18%

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Press Release on Grievance Redressal Officers for e-way bill with list of officers https://www.gstseva.com/press-release-on-grievance-redressal-officers-for-e-way-bill-system Thu, 19 Jul 2018 18:23:46 +0000 https://www.gstseva.com/?p=9207 Grievance Redressal Officers have been appointed by both Central and State
Governments under the provisions of e-way bill rules

Here is the list

Eway bill officers

Officers for eway bill

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GST par charcha , Delhi BJP’s initiative https://www.gstseva.com/gst-par-charcha Thu, 19 Jul 2018 14:22:37 +0000 https://www.gstseva.com/?p=9199 Updated On September 26th, 2018

For its upcoming event  GST par charcha , Delhi BJP invite suggestions and grievances through mail or whatsapp from Traders of Delhi at bjpdelhioffice@gmail.com or  9810074110 , 8130892149 

Gst-Delhi bjp

Central Minister Mr. Piyush Goel will be  the main speaker of the event.

GST par charcha

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1 July is GST DAY https://www.gstseva.com/1-july-is-gst-day Sat, 30 Jun 2018 14:08:50 +0000 https://www.gstseva.com/?p=9195 1st July 2018 to be celebrated as ‘GST day’, to commemorate the first year of the unprecedented reform of Indian taxation

Government of India is celebrating the 1st Anniversary of the Goods and Services Tax (GST) coming into force, here tomorrow. GST was launched on the 1st July, 2017 in a majestic ceremony held in the Central Hall of Parliament on the midnight of 30th June, 2017. The first year has been remarkable both for the sheer variety of challenges that its implementation has thrown up and for the willingness and ability of policy makers and tax administrators to rise up to these challenges and respond befittingly.

But more importantly, the first year of GST has been an example to the world of the readiness of the Indian taxpayer to be a partner in this unprecedented reform of Indian taxation. Accordingly, it has been decided that Sunday, the 1st of July, 2018 shall be commemorated as ‘GST Day’. Union Minister for Railways, Coal , Finance & Corporate Affairs  Shri Piyush Goyal will preside over as the Chief Guest of the event and Minister of State for Finance, Shri Shiv Pratap Shukla will be the Guest of Honour.

Before implementation of GST, Indian taxation system was a farrago of central, state and local area levies. In the constitutional scheme, taxation power on goods was with Central Government but it was limited up to the stage of manufacture and production while States had power to tax sale and purchase of goods. Centre had the exclusive power to tax services. This sort of division of taxing powers created a grey zone which led to legal disputes since determination of what constitutes a goods or service became increasingly difficult.

In the discussions that preceded amendment in the Constitution for GST, there were a number of thorny issues that required resolution and agreement between Central Government and State Governments. Implementing a tax reform as vast as GST in a diverse country like India required the reconciliation of interests of various States with that of the Centre. Some of these issues included origin-based versus destination-based taxation, rate structure and compensation, Dispute Settlement, inclusion of Alcohol and Petroleum products under GST. Resolution of these issues took some time and finally, the Constitution (122nd Amendment) Bill, 2014 was introduced in the Parliament on 19th December, 2014 and has been enacted as Constitution (101st Amendment) Act, 2016 w.e.f. 16th September, 2016.

As provided for in Article 279A of the Constitution, the Goods and Services Tax Council (the Council) was notified with effect from 12thSeptember, 2016. The Council is comprised of the Union Finance Minister (who is the Chairman of the Council), the Minister of State (Revenue) and the State Finance/Taxation Ministers as members and is empowered to make recommendations to the Union and the States on all GST related issues. The Council has met for 27 times and no occasion has arisen so far that required voting to decide any matter. All the decisions have been taken by consensus. This is a fitting tribute to the spirit of cooperative federalism which has prevailed throughout all Centre-State interactions in relation to all aspects of GST.

Four Laws namely CGST Act, UTGST Act, IGST Act and GST (Compensation to States) Act were passed by the Parliament and since been notified on 12th April, 2017. All the other States (except Jammu & Kashmir) and Union territories with legislature have passed their respective SGST Acts. The economic integration of India was completed on 8th July, 2017 when the State of J&K also passed the SGST Act and the Central Government also subsequently extended the CGST Act to J&K. On 22nd June, 2017, the first notification was issued for GST and notified certain sections under CGST Act. Since then, one hundred and three notifications under CGST Act have been issued notifying sections, notifying rules, amendment to rules and for waiver of penalty, etc. Thirteen, twenty eight and one notifications have also been issued under IGST Act, UTGST Act and GST (Compensation to States) Act respectively. Further 59, 63, 59 and 8 rate related notifications each have been issued under the CGST Act, IGST Act, UTGST Act and GST (Compensation to States) Act respectively. Similar notifications have been issued by all the States under the respective SGST Act. Apart from the notifications, 53 circulars and 14 orders have also been issued by CBIC on various subjects like proper officers, ease of exports, and extension of last dates for filling up various forms, etc.

India has adopted dual GST model because of its unique federal nature. Under this model, tax is levied concurrently by the Centre as well as the States on a common base, i.e. supply of goods or services or both. GST to be levied by the Centre would be called Central GST (Central tax / CGST) and that to be levied by the States would be called State GST (State Tax / SGST). State GST (State Tax / SGST) would be called UTGST (Union territory tax) in Union Territories without legislature. CGST & SGST / UTGST shall be levied on all taxable intra-State supplies. Inter-State supply of goods or services shall be subjected to Integrated GST (Integrated tax / IGST). The IGST model is a unique contribution of India in the field of VAT. The IGST Model envisages that Centre would levy IGST (Integrated Goods and Service Tax) which would be CGST plus SGST on all inter-State supply of goods or services or both.

The introduction of e-way (electronic way) bill is a monumental shift from the earlier ‘Departmental Policing Model’ to a ‘Self-Declaration Model’. It envisages one e-way bill for movement of the goods throughout the country, thereby ensuring a hassle free movement of goods throughout the country. The e-way bill system has been introduced nation-wide for all inter-State movement of goods with effect from 1st April, 2018. As regards intra-State movement of gods, all States have notified e-way bill rules for intra-State supplies last being NCT of Delhi where it was introduced w.e.f. 16th June, 2018.

GST will have a multiplier effect on the economy with benefits accruing to various sectors such as exporters, small traders and entrepreneurs, agriculture and industry, common consumers. GST has already promoted ‘Make in India’ and has improved the ‘Ease of Doing Business’ in India. By subsuming more than a score of taxes under GST, the road to a harmonized system of indirect tax has been paved making India an economic union.

Any new change is accompanied by difficulties and problems at the outset. A change as comprehensive as GST is bound to pose certain challenges not only for the government but also for business community, tax administration and even common citizens of the country. Some of these challenges relate to the unfamiliarity with the new regime and IT systems, legal challenges, return filing and reconciliations, passing on transition credit. Many of the processes in the GST are new for small and medium enterprises in particular, who were not used to regular and online filing of returns and other formalities.

Based on the feedback received from businesses, consumers and taxpayers from across the country, attempt has been made to incorporate suggestions and reduce problems through short-term as well as long-term solutions. National Anti-Profiteering Authority has initiated investigation into various complaints of anti-profiteering and has passed orders in some cases to protect consumer interest. To expedite sanction of refund, manual filing and processing of refunds has been enabled. Clarificatory Circulars and notifications have been issued to guide field formations of CBIC and States in this regard. The government has put in place an IT grievance redressal mechanism to address the difficulties faced by taxpayers owing to technical glitches on the GST portal.

The introduction of GST is truly a game changer for Indian economy as it has replaced multi-layered, complex indirect tax structure with a simple, transparent and technology–driven tax regime. It will integrate India into a single, common market by breaking barriers to inter-State trade and commerce. By eliminating cascading of taxes and reducing transaction costs, it will enhance ease of doing business in the country and provide an impetus to ‘Make in India’ campaign. GST will result in ‘ONE NATION, ONE TAX, ONE MARKET’.

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Eway bill in Delhi from 16 june 2018 notification 03/2018 https://www.gstseva.com/eway-bill-in-delhi-from-16-june-2018-notification-03-2018 Mon, 18 Jun 2018 06:15:32 +0000 https://www.gstseva.com/?p=9190 Updated On September 23rd, 2018

Eway bill in Delhi from 16 june 2018

New Delhi: 15 June 2018 Commissioner State GST, H. Rajesh Prasad,Delhi has come out with Notification No. 3 dt.15/6/2018 to compulsorily fill e-way Bill inside Delhi for all B2B transactions above Rs.1Lakh only.Further, B2C transactions of any value do not require e-way bill for intra state movement in Delhi. Notification applicable wef 16/6/2018.

eway bill in delhi

Download from here http://dvat.gov.in/Website/GSTNotificationShow.aspx?DocId=178969&Name=E

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Extension of Special Refund Fortnight till 16.6.2018 https://www.gstseva.com/extension-of-special-refund-fortnight-till-16-6-2018 Tue, 12 Jun 2018 16:42:43 +0000 https://www.gstseva.com/?p=9186 The Government has launched the second “Special Drive Refund Fortnight ”from 31.5.2018 to 14.6.2018. During the first Refund Fortnight from 15th to 29th March an amount of Rs.5350 crore was sanctioned and during this fortnight over Rs 7500 crore has been sanctioned. In view of overwhelming response from exporters and pending claims, the period of Refund fortnight is being extended by two more days i.e up to 16th June, 2018.

All exporters whose refunds have been held up on account of short payment are required to make the payment of IGST equal toshort payment and follow the instructions of Circular No.12/2018-Customs dated 29.5.2018.

In IGST short payment cases, small exporters whose aggregate IGST refund amount for the period July, 2017 to March, 2018 is upto Rs. 10 Lakhs are required to submit self-certifiedcopies of proof of payment of IGST to the concerned Customs office at the port of export.  Others arerequired to submit a certificate from a Chartered Accountant including the proof of payment.

All GST refund claimants, whose claims are still pending, are being encouraged to approach their jurisdictional Tax Authority for disposal of their refund claims submitted on or before 30.04.2018. In case the jurisdiction (i.e. Centre or State) has not been defined for a particular claimant, he/she can approach either of the jurisdictional tax authorities.

All claimants may note the refund application in FORM GST RFD-01A will not be processed unless a copy of the application, along with all supporting documents, is submitted to the jurisdictional tax office. Mere online submission is not sufficient.

All IGST refund claimants may register on ICEGATE website, if not already done, to check their refund status. Customs field formations have been informed about the extension of the Refund Drive. Exporters are requested to make the best of this extended drive and avail of the opportunity to get the refunds sanctioned during this special drive.  In case of any problem, exporters are advised to approach the Commissioner of Customs /Jurisdictional Tax Authorities.  The Government is committed to clear all the remaining refund claims filed upto 30.04.2018 are still pending.

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Roll out of e-Way Bill system for intra-State movement of goods in Chhattisgarh, Goa, Jammu & Kashmir, Mizoram, Odisha, Punjab, Tamil Nadu and West Bengal https://www.gstseva.com/roll-out-of-e-way-bill-system-for-intra-state-movement-of-goods-in-chhattisgarh-goa-jammu-kashmir-mizoram-odisha-punjab-tamil-nadu-and-west-bengal Thu, 31 May 2018 16:09:27 +0000 https://www.gstseva.com/?p=9171 As per the decision of the GST Council, e-Way Bill system for inter-State movement of goods has been rolled out from 01st April, 2018. As on 30thMay, 2018, e-Way Bill system for intra-State movement of goods has been rolled out in the States of Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Nagaland, Rajasthan, Sikkim, Telangana, Tripura, Uttarakhand and Uttar Pradesh along with the Union Territories of Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Lakshadweep and Puducherry. E-Way Bills are getting generated successfully and till 30thMay, 2018 more than six crore and thirty lakh e-Way Bills have been successfully generated which includes more than two crore e-Way Bills for intra-State movement of goods.

 

It is informed that e-Way Bill system for intra-State movement of goods would be implemented in the following States :-

 

S. No. State Date of Implementation
1 Chhattisgarh, Goa, Jammu & Kashmir, Mizoram, Odisha  & Punjab 01st June, 2018
2 Tamil Nadu 02nd June, 2018
3 West Bengal 03rd June, 2018

 

It may be mentioned that e-Way Bill system for intra-State movement of goods will be implemented throughout the country latest by 03rd June, 2018. It has now been two months since the e-Way Bill system was implemented and the same is working smoothly and without any glitches. On an average more than twelve lakh e-Way Bills are being generated every day. Trade and industry may approach their respective tax authority for any guidance in this matter. Further, it is informed that trade should get well versed with respect to the provisions of the e-Way Bill rules in order to avoid any difficulty. The provisions of rule 138D of Central / State GST Rules, 2017 may be referred to for any grievance redressal.

 

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Two Held for Fraud Under GST Act in Delhi https://www.gstseva.com/two-held-for-fraud-under-gst-act-in-delhi Thu, 24 May 2018 06:42:38 +0000 https://www.gstseva.com/?p=9162 New Delhi: PIB 24/05/2018

Central Tax, GST Delhi East Commissionerate arrested a Shahdara based father son-duo on 22.05.2018 in case of fraudulent issuance of Input Tax Credit invoices involving evasion of approximately Rs. 28 Crores relating to Copper industry. It is the first case of arrest in Delhi, under the new tax regime that came into force on 1st July, 2017.

tax fraud gst

imaginary pic

Searches were conducted at several places during which various incriminating documents and evidence were found. Investigation that followed revealed involvement of the father and son. Both were arrested under Section 69 (1) of CGST Act and Hon’ble CMM, Patiala House remanded them to judicial custody for 14 days.

As per Section 132 of the CGST Act, issuance of an invoice or bill without supply of goods and wrongful availment or utilization of input tax credit is a cognizable and non-bailable offence if the amount involved is over Rs 5 Crores.

Further investigations are underway and the quantum of evasion is likely to go up. Officers are not ruling out the possibility existence of several other fake firms as the investigation moves ahead.

gst fraud delhi

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Due Date of GSTR 3B for the month of April 2018 extended to https://www.gstseva.com/due-date-of-gstr-3b-for-the-month-of-april-2018-extended-to Fri, 18 May 2018 11:59:13 +0000 https://www.gstseva.com/?p=9156 Due Date of GSTR 3B for the month of April 2018 extended to 22nd May 2018. The original date was 20th may 2018

 

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Waiver of GSTR LAte fees- gst notification https://www.gstseva.com/waiver-of-gstr-late-fees-gst-notification Mon, 14 May 2018 18:13:51 +0000 https://www.gstseva.com/?p=9152  

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Roll out of e-Way Bill system for intra-State movement of goods in the States of Assam & Rajasthan https://www.gstseva.com/roll-out-of-e-way-bill-system-for-intra-state-movement-of-goods-in-the-states-of-assam-rajasthan Mon, 14 May 2018 18:04:48 +0000 https://www.gstseva.com/?p=9150 As per the decision of the GST Council, e-Way Bill system for inter-State movement of goods has been rolled out from 01st April, 2018. As on 13thMay, 2018, e-Way Bill system for intra-State movement of goods has been rolled out in the States/ Union Territory of Andhra Pradesh, Arunachal Pradesh, Bihar, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Meghalaya, Nagaland, Sikkim, Telangana, Tripura, Uttarakhand, Uttar Pradesh and Puducherry. E-Way Bills are getting generated successfully and till 13th May, 2018 more than four crore and fifteen lakh e-Way Bills have been successfully generated which includes more than one crore e-Way Bills for intra-State movement of goods.

It is hereby informed that e-Way Bill system for intra-State movement of goods would be implemented in Assam from 16th May, 2018 & Rajasthan from 20th May, 2018.

With the roll-out of e-Way Bill system in these States/ Union Territory, it is expected that trade and industry will be further facilitated insofar as the transport of goods is concerned, thereby eventually paving the way for a nation-wide single e-Way Bill system. Trade and industry and transporters located in these States/ Union Territory may obtain registration/ enrolment on e-Way Bill portal namely https://www.ewaybillgst.gov.in at the earliest without waiting for the last date.

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GSTN – change in share holdings patterns, government company now https://www.gstseva.com/gstn-change-in-share-holdings-patterns-government-company-now Fri, 04 May 2018 17:07:48 +0000 https://www.gstseva.com/?p=9144 The Goods and Services Tax Network – Special Purpose Vehicle (GSTN-SPV) was created as a private limited, not-for-profit company under Section 25 of the Companies Act, 1956 (Section 8 of the Companies Act, 2013) by Govt. of India on 28th March, 2013 with an objective to provide shared IT infrastructure and services to Centre and States Governments, tax payers and other stakeholders for implementation of Goods and Services Tax (GST) in the country.

 

Presently, the Central Government and State Government are holding 24.5% equity shares respectively and the remaining 51% are held by non-Governmental institutions and through various mechanisms, GSTN is under strategic control of government. Majority of the GST processes including registration, filing of returns, payment of taxes, processing of refunds is IT driven and GSTN is handling large-scale invoice level data of lakhs of business entities including data relating to exports and imports. Considering the nature of ‘state’ function performed by GSTN, Council felt that GSTN be converted into be a fully owned government Company.

 

In view of the above, GST Council in its meeting held today decided:

 

Acquisition of entire 51% of equity held by the Non-Governmental Institutions in GSTN amounting to Rs. 5.1 crore, equally by the Centre and the States governments and allow GSTN Board to initiate process for acquisition of equity held by the private Companies; and

GSTN Board shall be allowed to continue the existing staff at existing terms and conditions for the a period upto five years, and shall have the flexibility of hiring people through contract on the terms and conditions similar to those used by GSTN till now while hiring regular employees.

 

The existing financial commitments given by Centre and States to GSTN to share the capital and O&M cost of the IT Systems shall continue.

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GST Council approves principles for filing of new return design based on the recommendations of the Group of Ministers on IT simplification https://www.gstseva.com/gst-council-27-meet Fri, 04 May 2018 17:00:44 +0000 https://www.gstseva.com/?p=9142 GST Council today in its 27th meeting approved principles for filing of new return design based on the recommendations of the Group of Ministers on IT simplification. The key elements of the new return design are as follows –

 

  1. Onemonthly Return:All taxpayers excluding a few exceptions like composition dealer shall file one monthly return. Return filing dates shall be staggered based on the turnover of the registered person to manage load on the IT system. Composition dealers and dealers having nil transaction shall have facility to file quarterly return.

 

  1. Unidirectional Flow of invoices: There shall be unidirectional flow of invoices uploaded by the seller on anytime basis during the month which would be the valid document to avail input tax credit by the buyer. Buyer would also be able to continuously see the uploaded invoices during the month.There shall not be any need to upload the purchase invoices also. Invoices for B2B transaction shall need to use HSN at four digit level or more to achieve uniformity in the reporting system.

 

  1. Simple Return design and easy IT interface: The B2Bdealers will have to fill invoice-wise details of the outward supply made by them, based on which the system will automatically calculate his tax liability. The input tax credit will be calculated automatically by the system based on invoices uploaded by his sellers.   Taxpayer shall be also given user friendly IT interface and offline IT tool to upload the invoices.

 

  1. No automatic reversal of credit: There shall not be any automatic reversal of input tax credit from buyer on non-payment of tax by the seller. In case of default in payment of tax by the seller, recovery shall be made from the seller however reversal of credit from buyer shall also be an option available with the revenue authorities to address exceptional situations like missing dealer, closure of business by supplier or supplier not having adequate assets etc.

 

  1. Due process for recovery and reversal: Recovery of tax or reversal of input tax credit shall be through a due process of issuing notice and order. The process would be online and automated to reduce the human interface.

 

  1. Supplier side control: Unloading of invoices by the seller to pass input tax credit who has defaulted in payment of tax above a threshold amount shall be blocked to control misuse of input tax credit facility. Similar safeguards would be built with regard to newly registered dealers also. Analytical tools would be used to identify such transactions at the earliest and prevent loss of revenue.

 

  1. Transition: There will be a three stage transition to the new system. Stage I shall be the present system of filing of return GSTR 3B and GSTR 1. GSTR 2 and GSTR 3 shall continue to remain suspended. Stage I will continue for a period not exceeding 6 months by which time new return software would be ready. In stage  2, the new return will have facility for invoice-wise data upload and also facility for claiming input tax credit on self declaration basis, as in case of GSTR 3B now.

 

During this stage 2, the dealer will be constantly fed with information about gap between credit available to them as per invoices uploaded by their sellers and the provisional credit being claimed by them. After 6 months of this phase 2, the facility of provisional credit will get withdrawn and input tax credit will only be limited to the invoices uploaded by the sellers from whom the dealer has purchased goods.

 

Content of the return and implementation: Return shall be simplified also by reducing the content/information required to be filled in the return. The details of the design of the return form, business process and legal changes would be worked out by the law committee based on these principles. Government is keen to introduce the simplified return design at the earliest to reduce the compliance burden on the trade in keeping with the philosophy of ease of doing business.

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