Guidance Note On GST
Guidance Note On GST
Guidance Note On GST
GST is planked as a "One Nation One Tax" which is a misnomer in many ways.
First of all we have come out with a dual system of GST where every
transaction will suffer two Taxes, being CGST and SGST, when a transaction is
done Intra-State, and IGST in case of an Inter-State transaction. Secondly,
different rates have been proposed for different types of Goods and Services
which vary from 0% to 28%. For Event Management and most of the Services,
the rate will be 18%. This will be split between CGST and SGST in case of
Intra-State supply of Goods or Services or both. Many of the provisions of GST
Law are equally applicable to Goods and Services, however it would pertinent
to mention that most the existing provisions of State VAT Laws, Central Excise
Laws and Services Tax Laws have been incorporated to GST.
The issues related to Double Taxation on items like Works contract, Sale
of Software, Banquet-hall services and Restaurant Services, where
Service tax and VAT both are applicable, are fully settled. Under GST,
there is no scope for covering any service under two heads.
Under GST regime, if you buy goods or take services from unregistered
dealers, the registered dealer will be compulsorily liable to pay applicable
GST first and thereafter input credit will be allowed to be taken on such
purchase of Goods or Services. This is likely to create problems and
compel businesses to deal only with registered persons.
Wherever goods or services are imported into the country, IGST will be
applicable and payable in the State where such goods or services are
imported. However, basic customs duty will still be attracted on import of
Goods.
INDEX
S.No Description Page No.
1. REGISTRATION 6
a. Single Office Registration 6
3. VALUATION: 14
d. Methods of Valuation 15
b. Composite supply 18
c. Principal supply 18
4. INVOICING 18
a. Supplying taxable goods 18-19
b. Supplying taxable services 19
c. Tax under reverse charge mechanism 19
d. In case of continuous supply of services 20
e. Time limit for issuing an invoice 21
f. Manner of issuing invoices 21
g. Bill of supply 22
h. Issue of receipt voucher against advance payment 22
i. Tax not to be collected by unregistered taxable person 23
Amount of tax to be indicated in tax invoice and other 23
j. documents
k. Supplementary tax invoice and credit or debit notes 23-24
l. Tax invoice in special cases 24-25
m. Transportation of goods without issue of invoice 26
n. Supply of goods, services or both to un bodies 27
o. Value of supply of services in case of pure agent 27
5. JOB WORK 29
7.
RETURNS UNDER GST 32
REGISTRATION
(1). Any person having multiple business verticals within a State or a Union
territory, requiring a separate registration for any of its business verticals
under sub-section (2) of section 25 shall be granted separate registration in
respect of each of the verticals subject to the following conditions:
(a) Such person has more than one business vertical as defined in clause (18)
of section 2 of the Act;
Explanation :- Where any business vertical of a registered person that has been
granted a separate registration becomes ineligible to pay tax under section 10,
all other business verticals of the said person shall become ineligible to pay tax
under the said section.
(c) All separately registered business verticals of such person shall pay tax
under this Act on supply of goods or services or both made to another
registered business vertical of such person and issue a tax invoice for such
supply.
(3) The person applying for registration under sub-rule (1) shall make an
advance deposit of tax in an amount equivalent to the estimated tax
liability of such person for the period for which registration is sought, as
specified in section 27.
(4) The provisions of rule 2 and rule 3 relating to verification and grant of
registration shall mutatis mutandis; apply to an application submitted under
this rule.
(2) The application under sub-rule (1) shall be acknowledged only on payment of
the amount specified in sub-section (2) of section 27.
(1) Any person supplying online information and data base access or retrieval
services from a place outside India to a non-taxable online recipient shall
electronically submit an application for registration, duly signed, in FORM
GST REG-09A, at the Common Portal.
The taxable event under GST shall be the supply of goods and/or services
made for consideration in the course or furtherance of business. The
taxable events under the existing indirect tax laws such as manufacture, sale,
or provision of services shall stand subsumed in the taxable event known as
„supply‟.
The term „supply‟ is wide in its import and includes all forms of supply of goods
and/or services such as sale, transfer, barter, exchange, license, rental, lease
or disposal made or agreed to be made for a consideration by a person in the
course or furtherance of business. It also includes import of service. The model
GST law also provides for including certain transactions made without
consideration within the scope of supply.
1. Subject to the provisions of section 10, supply of goods where the location
of the supplier and the place of supply of goods are in the same State or
same Union territory shall be treated as intra-State supply:
Provided that the following supply of goods shall not be treated as intra- State
supply, namely:–
Provided that the intra-State supply of services shall not include supply of
services to or by a Special Economic Zone developer or a Special Economic
Zone unit.
4. The place of supply of goods, other than supply of goods imported into,
or exported from India, shall be as under:–
(a) where the supply involves movement of goods, whether by the
supplier or the recipient or by any other person, the place of supply
of such goods shall be the location of the goods at the time at
which the movement of goods terminates for delivery to the
recipient;
(b) where the goods are delivered by the supplier to a recipient or any other
person on the direction of a third person, whether acting as an agent
or otherwise, before or during movement of goods, either by way of
transfer of documents of title to the goods or otherwise, it shall be
deemed that the said third person has received the goods and the
place of supply of such goods shall be the principal place of business
of such person;
(c) where the supply does not involve movement of goods, whether by the
supplier or the recipient, the place of supply shall be the location of
such goods at the time of the delivery to the recipient;
(d) where the goods are assembled or installed at site, the place of supply
shall be the place of such installation or assembly;
(e) where the goods are supplied on board a conveyance, including a
vessel, an aircraft, a train or a motor vehicle, the place of supply shall
be the location at which such goods are taken on board.
5. Where the place of supply of goods cannot be determined, the place of
supply shall be determined in such manner as may be prescribed.
The place of supply of services, except the services specified in sub-sections (3)
to (14):–
(i) the location of the recipient where the address on record exists;
and
(ii) the location of the supplier of services in other cases.
Explanation: Where the event is held in more than one State or Union territory
and a consolidated amount is charged for supply of services relating to such
event, the place of supply of such services shall be taken as being in each of the
respective States or Union territories in proportion to the value for services
11. The place of supply of banking and other financial services, including
stock broking services to any person shall be the location of the
recipient of services on the records of the supplier of services:
12. The integrated tax paid by tourist leaving India on any supply of goods
taken out of India by him shall be refunded in such manner and
subject to such conditions and safeguards as may be prescribed.
13. A registered person who has paid integrated tax on a supply considered
by him to be an inter-State supply, but which is subsequently held to be
an intra-State supply, shall be granted refund of the amount of
integrated tax so paid in such manner and subject to such conditions as
may be prescribed. No inter-head adjustment is allowed between IGST,
CGST and SGST. Therefore, determination of place of supply is crucial.
14 A registered person who has paid central tax and State tax or Union
territory tax, as the case may be, on a transaction considered by him
to be an intra-State supply, but which is subsequently held to be an
inter-State supply, shall not be required to pay any interest on the
amount of integrated tax payable.
VALUATION
The value of taxable supply of goods and services shall ordinarily be „the
transaction value‟ which is actually the price paid or payable, when the
parties are not related and price is the sole consideration. There are various
inclusions and exclusions from the ambit of transaction value. For example,
the transaction value shall not include refundable deposit, discount
allowed before or at the time of supply.
Transaction value refers to the price actually paid or payable for the supply of
goods and or services where the supplier and the recipient are not related and
price is the sole consideration for the supply. It includes any amount which the
supplier is liable to pay but which has been incurred by the recipient of the
supply
Generally contract price is the basis for computing tax. However, when the
price is influenced by some factors like relationship of parties or certain
transactions are deemed to be supply, which do not have a price, it is required
to overcome these factors to determine the transaction value correctly.
Cases where Transaction Price is not accepted and Valuation Rules are
applied
Section 15(2) provides the list of adjustments that may be made to make the
price of a transaction reliable for purposes of determining tax payable.
Methods of Valuation
Three methods are prescribed under GST Valuation Rules for determining the
transaction value i.e., comparative method, computation method and residual
method, which are required to be followed sequentially. Besides, some specific
valuation methods have been specified like in case of pure agents and money
changers. Further specific rules may later be notified in case of Insurer, Air
travel Agent and distributor or selling agents of lottery.
(a) For a currency, when exchanged from, or to, Indian Rupees (INR),
the value shall be equal to the difference in the buying rate or the
selling rate, as the case may be, and the Reserve Bank of India (RBI)
reference rate for that currency at that time, multiplied by the total
units of currency:
Provided that in case where the RBI reference rate for a currency is not
available, the value shall be 1% of the gross amount of Indian Rupees
provided or received by the person changing the money.
Provided also that a person supplying the services may exercise option
to ascertain value in terms of clause (b) for a financial year and such
option shall not be withdrawn during the remaining part of that
financial year.
(iii) five thousand rupees and one tenth of a percent of the gross
amount of currency exchanged for an amount exceeding ten lakh
rupees, subject to maximum amount of sixty thousand rupees.
(a) the gross premium charged from a policy holder reduced by the
amount allocated for investment, or savings on behalf of the policy
holder, if such amount is intimated to the policy holder at the time of
supply of service;
(b) in case of single premium annuity policies other than (a), 10% of
single premium charged from the policy holder; or
(c) in all other cases, 25% of the premium charged from the policy
holder in the first year and 12.50% of the premium charged from policy
holder in subsequent years:
Provided that nothing contained in this sub-rule shall apply where the
entire premium paid by the policy holder is only towards the risk cover
in life insurance.
Illustration: Where goods are packed and sold in combination like Laptop along
with a bag, the supply of Laptop along with bag is a composite supply and
supply of goods is the principal supply being Laptop.
(b) a mixed supply comprising two or more supplies shall be treated as supply
of that particular supply which attracts the highest rate of tax.
INVOICING
(a) removal of goods for supply to the recipient, where the supply involves
movement of goods, or
(b) delivery of goods or making available thereof to the recipient, in any
other case,
issue a tax invoice showing the description, quantity and value of goods, the
tax charged thereon and such other particulars as may be prescribed.
(a) a registered taxable person may, within one month from the date of
issuance of certificate of registration and in such manner as may be
prescribed, issue a revised invoice against the invoice already issued
during the period starting from the effective date of registration till the
date of issuance of certificate of registration to him;
PROVIDED that the registered taxable person may not issue a bill of
supply if the value of the goods or services supplied is less than one
hundred rupees except where the recipient of the goods or services
requires such bill.
(a) where the due date of payment is ascertainable from the contract, the
invoice shall be issued before or after the payment is liable to be made
by the recipient but within a period prescribed in this behalf whether or
not any payment has been received by the supplier of the service;
(b) where the due date of payment is not ascertainable from the contract,
the invoice shall be issued before or after each such time when the
supplier of service receives the payment but within a period prescribed
in this behalf;
(c) where the payment is linked to the completion of an event, the invoice
shall be issued before or after the time of completion of that event but
within a period prescribed in this behalf.
7) For the purposes of (4) and (5) above, the Central or a State Government
may on the recommendation of the Council, specify, by notification, the
supply of goods or services that shall be treated as continuous supply of
goods or services.
(8) Notwithstanding anything contained (1) above, where the goods (being
sent or taken on approval or sale or return or similar terms) are
removed before it is known whether a supply will take place, the
invoice shall be issued before or at the time when it becomes known
that the supply has taken place or six months from the date of
removal, whichever is earlier.
mentioned, the date shall be such periodic date as starting from the date
of entering into the contract.
(a) the original copy being marked as ORIGINAL FOR RECIPIENT; and
(b) the duplicate copy being marked as DUPLICATE FOR SUPPLIER.
(3) The serial number of invoices issued during a tax period shall be
furnished electronically through the Common Portal in FORM GSTR-1.
Bill of Supply
Provided that the registered person may not issue a bill of supply if the value of
the goods or services or both supplied is less than two hundred rupees subject
to such conditions and in such manner as may be prescribed.
A person who is not a registered taxable person shall not collect in respect of
any supply of goods and/or services any amount by way of tax under the
CGST/SGST Act and no registered taxable person shall make any such
collection except in accordance with the provisions of this Act and the rules
made there under.
(1) A revised tax invoice referred to in section 31 and credit or debit note
referred to in section 34 shall contain the following particulars -
(g) name and address of the recipient and the address of delivery, along
with the name of State and its code, if such recipient is un-registered;
(h) serial number and date of the corresponding tax invoice or, as the case
may be, bill of supply;
(i) value of taxable supply of goods or services, rate of tax and the
amount of the tax credited or, as the case may be, debited to the
recipient; and
(j) signature or digital signature of the supplier or his authorized
representative:
(2) Every registered person who has been granted registration with effect
from a date earlier than the date of issuance of certificate of registration
to him may issue revised tax invoices in respect of taxable supplies
affected during the period starting from the effective date of registration
till the date of issuance of certificate of registration:
Provided that the registered person may issue a consolidated revised tax invoice
in respect of all taxable supplies made to a recipient who is not registered under
the Act during such period:
Provided further that in case of inter-State supplies, where the value of a supply
does not exceed two lakh and fifty thousand rupees, a consolidated revised
invoice may be issued separately in respect of all recipients located in a State,
who are not registered under the Act.
(3) Any invoice or debit note issued in pursuance of any tax payable in
accordance with the provisions of section 74 or section 129 or section
130 shall prominently contain the words “INPUT TAX CREDIT NOT
ADMISSIBLE”.
(1) An ISD invoice or, as the case may be, an ISD credit note issued by an
Input Service Distributor shall contain the following details:-
the consigner may issue a delivery challan, serially numbered, in lieu of invoice
at the time of removal of goods for transportation, containing following details:
(d) the original copy of the invoice shall be sent along with the last
consignment.
All UN bodies Consulate or Embassy of foreign countries and any other class of
persons so notified would be required to obtain a Unique Identification
Number (UIN) from the GST portal. The taxable supplier supplying to these
organizations is expected to mention the UIN on the invoices and treat such
supplies as supplies to another registered person (B2B) and the invoices of the
same will be uploaded by the supplier. Later, these UN bodies will be eligible
for claiming refund of taxes paid by them.
The existing concept of Pure Agent Services has been retained under GST
without any modifications.
(i) the supplier acts as a pure agent of the recipient of the supply, when he
makes payment to the third party for the services procured as the contract for
supply made by third party is between third party and the recipient of supply;
(ii) the recipient of supply uses the services so procured by the supplier service
provider in his capacity as pure agent of the recipient of supply;
(iii) the recipient of supply is liable to make payment to the third party;
(iv) the recipient of supply authorises the supplier to make payment on his
behalf;
(v) the recipient of supply knows that the services for which payment has been
made by the supplier shall be provided by the third party;
(vi) the payment made by the supplier on behalf of the recipient of supply has
been separately indicated in the invoice issued by the supplier to the recipient
of service;
(vii) the supplier recovers from the recipient of supply only such amount as has
been paid by him to the third party; and
(viii) the services procured by the supplier from the third party as a pure agent
of the recipient of supply are in addition to the supply he provides on his own
account.
Explanation: For the purposes of this rule, “pure agent” means a person who-
(a) enters into a contractual agreement with the recipient of supply to act as his
pure agent to incur expenditure or costs in the course of supply of goods or
services or both;
(b) neither intends to hold nor holds any title to the goods or services or both as
procured or provided as pure agent of the recipient of supply;
(c) does not use for his own interest such goods or services so procured; and
(d) receives only the actual amount incurred to procure such goods or services.
Section 35(8) prescribes an order of payment where the taxpayer has tax
liability beyond the current return period. In such a situation, the order of
payment to be followed is: First self-assessed tax and interest for the previous
period; thereafter self-assessed tax and interest for the current period; and
thereafter any other amounts payable including any confirmed demands under
section. This sequence has to be mandatorily followed.
The taxpayer would be required to pre-register his credit card, from which the
tax payment is intended, with the Common Portal maintained on GSTN. GSTN
may also attempt to put in a system with banks in getting the credit card
verified by taking a confirmation from the credit card service provider. The
payments using credit cards can therefore be allowed without any monetary
limit to facilitate ease of doing business.
The threshold exemption is not available to such suppliers and they would be
liable to be registered irrespective of the value of supply made by them.
Therefore, anyone planning to Sell goods or Services or both through any e-
commerce portal like Amazon, Flipkart, Snapdeal etc will have to first take
registration under GST without any threshold exemption limits.
JOB WORK
The registered taxable person (principal) can send the taxable goods to a job-
worker for job-work without payment of tax. He can further send the goods
from one job-worker to another job-worker and so on subject to certain
condition. It may be noted that provisions of Section 43A are not applicable if
non-taxable or exempted goods are proposed to be sent for job-work.
Where the goods of principal are directly supplied from the job-worker‟s
premises they will not be included in the aggregate turnover of the job-worker.
Such supplies will be included in the aggregate turnover of the principal.
The Principal can supply goods directly from the premises of the job worker
provided the principal has declared the premises of such job-worker as his
additional place of business or where the job-worker is a registered person or
where the goods have been notified.
Various input tax consists of IGST & CGST in CGST Act and IGST & SGST in
SGST Act. In the IGST Act, input tax consists of all three taxes namely, IGST,
CGST and SGST.
Nature of Supply GST Payable Utilization of CENVAT
Credit
Intra-State CGST IGST & CGST
SGST IGST & SGST
Inter-State IGST IGST, CGST, SGST
Exports NIL IGST, CGST, SGST
Reverse Charge : Inter-state IGST IGST, CGST, SGST
: Intra-state CGST & SGST CGST : SGST
Credit of all three can be used for discharging IGST liability, whereas only
credit of IGST & CGST can be taken in CGST Act and that of IGST & SGST can
be taken under SGST Act. Further the credit of CGST & SGST cannot be
cross-utilized.
Where tax is payable under reverse charge mechanism, the credit can be
availed if such goods and/or services are used, or are intended to be used, in
the course or furtherance of his business.
Also, note that no CENVAT Credit can be availed after the expiry of one
year from the date of issue of tax invoice relating to such supply.
Therefore, no Input Tax credit can taken if your supplier has not filed his Return
under GST.
Where the goods against single invoice are received in lots or instalments, the
registered taxable person shall be entitled to the credit upon receipt of the last
lot or instalment. In all probability this rule would be extended to services as
well. Therefore, care should taken in a case like multi-state/City Road-show
where suppliers raise single bill for the entire activity, because the input credit
would be available only upon the completion of the final road-show. This
should, however, be interpreted with true intent of law.
(a) motor vehicles, except when they are supplied in the usual course of
business or are used for providing the following taxable services:
(b) goods and/or services provided in relation to food and beverages, outdoor
catering, beauty treatment, health services, cosmetic and plastic surgery,
membership of a club, health and fitness center, life insurance, health
insurance and travel benefits extended to employees on vacation such as
leave or home travel concession, when such goods and/or services are
used primarily for personal use or consumption of any employee;
(c) goods and/or services acquired by the principal in the execution of works
contract when such contract results in construction of immovable
property, other than plant and machinery;
(e) goods and/or services on which tax has been paid under composition
scheme.
(f) goods and/or services used for private or personal consumption, to the
extent they are so consumed.
A normal registered taxpayer has to file the outward supply details in GSTR-1
in relation to various types of supplies made in a month, namely outward
supplies to registered persons, outward supplies to unregistered persons
(consumers), details of Credit/Debit Notes, zero rated, exempted and non-GST
supplies, exports, and advances received in relation to future supply.
For B2B supplies, all invoices, whether Intra-state or Interstate supplies, will
have to be uploaded as ITC will be taken by the recipients and invoice
matching is required to be done.
The recipient can also feed the invoices not uploaded by his supplier. The
credit on such invoices will also be given provisionally but will be subject to
matching.
On matching, if the invoice is not uploaded by the supplier, both of them will
be intimated. If the mismatch is rectified, provisional credit will be confirmed.
But if mismatch continues even after intimation, the credit provisionally
allowed will be reversed.
mismatches will lead to proceedings if the supplier has made a supply but not
paid tax on it.
If a supplier misses reporting of any Invoice, it can at any stage, but before
September of the next financial year, upload the invoice and pay duty and
interest on such missing invoices in his GSTR-3 of the month in which he
uploaded the invoice. The recipient will then automatically get ITC on that
invoice. The interest paid by the recipient at the time of reversal will also be
returned to the recipient through an automated system on the GSTN.
If the supplier uploads the invoice at any time after the reversal but by
September of the next financial year, the credit reversed earlier gets restored
along with refund of the interest paid during reversal.
The tax payers under the composition scheme do not need to file any statement
of outward or inward supplies. They have to file a quarterly return in Form
GSTR-4 by the 1st of the month after the end of the quarter. Since they are not
eligible for any input tax credit, there is no relevance of GSTR-2 for them and
since they do not pass on any credit to their recipients, there is no relevance of
GSTR-1 for them. In their return, they have to declare summary details of their
outward supplies along with the details of tax payment. They also have to give
details of their purchases in their quarterly return itself, most of which will be
auto populated.
ANNUAL RETURN
(2) Every registered person who is required to get his accounts audited shall
furnish, electronically, the annual return under sub-section (1) along with a
copy of the audited annual accounts and a reconciliation statement,
reconciling the value of supplies declared in the return furnished for the
financial year with the audited annual financial statement, and such other
particulars as may be prescribed.
FINAL RETURN
Under GST since the returns are built from details of individual transactions,
there is no requirement for having a revised return. Any need to revise a return
may arise due to the need to change a set of invoices or debit/ credit
notes. Instead of revising the return already submitted, the system will allow
changing the details of those transactions (invoices or debit/credit notes) that
are required to be amended. They can be amended in any of the future GSTR-
1/2 in the tables specifically provided for the purposes of amending previously
declared details.
Taxpayers will have various modes to file the statements and returns. Firstly,
they can file their statement and returns directly on the Common Portal online.
However, this may be tedious and time taking for taxpayers with large number
of invoices. For such taxpayers, an offline utility will be provided that can be
used for preparing the statements offline after downloading the auto populated
details and uploading them on the Common Portal. GSTN has also developed
an ecosystem of GST Suvidha Providers (GSP) that will integrate with the
Common Portal.
One of the most important things under GST will be timely uploading of the
details of outward supplies in Form GSTR-1 by 10th of next month. How best
this can be ensured will depend on the number of B2B invoices that the
taxpayer issues. If the number is small, the taxpayer can upload all the
information in one go. However, if the number of invoices is large, the invoices
(or debit/ credit notes) should be uploaded on a regular basis. GSTN will allow
regular uploading of invoices even on a real time basis. Till the statement is
actually submitted, the system will also allow the taxpayer to modify the
uploaded invoices. Therefore, it would always be beneficial for the taxpayers to
regularly upload the invoices. Last minute rush will make uploading difficult
and will come with higher risk of possible failure and default. The second thing
would be to ensure that taxpayers follow up on uploading the invoices of their
inward supplies by their suppliers. This would be helpful in ensuring that the
input tax credit is available without any hassle and delay. Recipients can also
encourage their suppliers to upload their invoices on a regular basis instead of
doing it on or close to the due date.
The system would allow recipients to see if their suppliers have uploaded
invoices pertaining to them. The GSTN system will also provide the track record
about the compliance level of a tax payer, especially about his track record in
respect of timely uploading of his supply invoices giving details about the auto
reversals that have happened for invoices issued by a supplier. The Common
Portal of GST would have pan India data at one place which will enable
valuable services to the taxpayers.
A registered taxable person who files return beyond the prescribed date will
have to pay late fees of rupees one hundred for every day of delay subject to a
maximum of rupees five thousand.
The same rule will apply to cancellation of input services within six months.
GSTR-3 Monthly return on the basis of Registered Taxable 20th of the next
finalization of details of Person month
outward supplies and inward
supplies along with the
payment of amount of tax.
GSTR-6 Return for Input Service Input Service 13th of the next
Distributor Distributor month
GSTR-11 Details of inward supplies to Person having UIN 28th of the month
be furnished by a person and claiming following the month
having UIN refund for which statement
is filed
Unutilized Input tax credit will be allowed as refund in the following cases as
given in sub-section (2) of section 38 :
No refund of unutilized ITC be given, in case goods exported outside India are
subjected to export duty
against wrongly paid IGST or vice versa and the taxable person will have
to pay the appropriate tax and claim refund of the tax wrongly paid or
adjust the same against future tax liability.
The time limit for sanctioning of refund is 90 days in all cases, excepting in a
case where the refund to the extent of 80% of the total amount claimed is
refundable to certain categories of exporters referred to in sub-section (4A) of
section 38. If refund is not sanctioned within the period of three months,
interest will have to be paid by the department.
If the registered dealer has not submitted return(s), till he files the
return(s);
If the registered taxable person is required to pay any tax, interest or
penalty which has not been stayed by the appellate authority/Tribunal/
court, till he pays such tax interest or penalty; [The proper officer can
also deduct unpaid taxes if any of the dealer from the refundable
amount].
Commissioner/Board can withhold refund, if, the Order of Refund is
under appeal and he is of the opinion that grant of such refund will
adversely affect revenue.
Where the refund is withheld under 38(9) and if as a result of appeal or further
proceeding the taxable person becomes entitled to refund then he shall be also
entitled to interest. Further, no refund shall be granted if the amount is less
that Rs.1000/-.
Since the exporter has a time period of one year from the date of export for
remitting of export proceeds, BRC may not be available at the time of refund
application. But if export proceeds are received in advance, BRC may be
available. Thus, refund should be subject to submission of BRC details within
a period of maximum one year or as extended by RBI. e-BRC module of DGFT
will be integrated with GST module.
Hope, the above brief Guidance Note will give you a better and clear
understanding of GST Law.
Much Thanks
Sushil K. Sharma
FCA
9811085147
3 Accommodation in hotels including 5 star and above rated 28% with ITC
hotels, inns, guest houses, clubs, campsites or other benefit
commercial places meant for residential or lodging
purposes, where room rent is Rs 5000/- and above per
night per room
4 Renting of hotels, inns, guest houses, clubs, campsites or 18% with ITC
other commercial places meant for residential or lodging benefit
purposes where room tariff of Rs 2500/ and above but less
than Rs 5000/- per room per day
5 Bundled service by way of supply of food or any other article 18% with ITC
of human consumption or any drink, in a premises benefit
(including hotel, convention center, club, pandal, shamiana
or any other place, specially arranged for organizing a
function) together with renting of such premises
9 Transfer of the right to use any goods for any purpose Same rate of
(whether or not for a specified period) for cash, deferred GST and
payment or other valuable consideration (supply of service) compensation
to attract the same GST rate and compensation cess as cess as on
applicable on supply of similar goods which involves any supply of
transfer of title in goods (supply of goods). similar goods
All equipments taken on hire are likely to be covered under
this head.
Provided that the exemption shall not apply to service provided by such
artist as a brand ambassador;
17 Services by an organiser to any person in respect of a business exhibition
held outside India;
CLASSIFITION CODES
(These codes will be useful at the time of filing of Monthly & Annual Returns)
Group Food, edible preparations, alchoholic & non-alchocholic
99633 beverages serving services
Services provided by Restaurants, Cafes and similar eating
996331 facilities including takeaway services, Room services and
door delivery of food.
Services provided by Hotels, INN, Guest House, Club etc
996332 including Room services, takeaway services and door
delivery of food.
Services provided in Canteen and other similar
996333
establishments
Catering Services in Exhibition halls, Events, Marriage Halls
996334
and other outdoor/indoor functions.
996335 Catering services in trains, flights etc.
Preparation and/or supply services of food, edible
996336 preparations, alchoholic & non-alchocholic beverages to
airlines and other transportation operators
996337 Other contract food services
Other food, edible preparations, alchoholic & non-
996339
alchocholic beverages serving services n.e.c.
Group Advertising services and provision of advertising space
99836 or time.
998361 Advertising Services
Group
Other professional, technical and business services.
99839
Specialty design services including interior design, fashion
998391
design, industrial design and other specialty design services
998392 Design originals
998393 Scientific and technical consulting services
998394 Original compilations of facts/information
998395 Translation and interpretation services
998396 Trademarks and franchises
998397 Sponsorship Services & Brand Promotion Services
998399 Other professional, technical and business services n.e.c.
Group
On-line content services
99843
On-line text based information such as online books,
998431
newspapers, periodicals, directories etc
998432 On-line audio content
998433 On-line video content
998434 Software downloads
998439 Other on-line contents n.e.c.
Group
News agency services
99844
998441 News agency services to newspapers and periodicals
Services of independent journalists and press
998442
photographers
998443 News agency services to audiovisual media
Group Broadcasting, programming and programme
99846 distribution services
998461 Radio broadcast originals
998462 Television broadcast originals
998463 Radio channel programmes
998464 Television channel programmes
998465 Broadcasting services
998466 Home programme distribution services
Group
Other support services
99859
998591 Credit reporting & rating services
998592 Collection agency services
998593 Telephone-based support services
998594 Combined office administrative services
Group
Services of performing and other artists
99963
Services of performing artists including actors, readers,
999631 musicians, singers, dancers, TV personalities, independent
models etc
Services of authors, composers, sculptors and other artists,
999632
except performing artists
The fitment of rates of services were discussed on 19 May 2017 during the 14th
GST Council meeting held at Srinagar, Jammu & Kashmir. The Council has
broadly approved the GST rates for services at Nil, 5%, 12%, 18% and 28%.
The list of services that will be under reverse charge as approved by the GST
Council is given below. The information is being uploaded immediately after the
GST Council‟s decision and it will be subject to further vetting during which
the list may undergo some changes. The decisions of the GST Council are being
communicated for general information and will be given effect to through
gazette notifications which shall have force of law.
ABC ENTERPRISES
ADDRESS
email address
Website
GSTIN: Mode of Transport : By Road
Veh.No :
Date & Time of
Serial no. of Invoice: Supply
Place OF Supply:
Details of Receiver (Billed to) Details of Consignee (Shipped to)
Name: Name:
Address : Address :
State: State:
State Code : State Code :
GSTIN/Unique ID: GSTIN/Unique ID:
Taxab CGST SGST IGST
Description HSN Disco
S.No Qty unit Rate Total le
of Goods Code unt Rate Amount Rate Amount Rate Amount
value
0.00 0.00 0.00 0.00 0.00 0.00
Certified that the Particulars given above are true and correct and
the amount indicated Electronic Reference Number :
a)represent the price actually charged and that there is no flow
additional consideration directly or indirectly from the buyer or
b)is provisional as additional consideration will be received from the
buyer on account of