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How GST Works in India

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How GST Works in India GST is a type of value added tax and a proposed comprehensive indirect tax levy on manufacture, sale and consumption of goods as well as services at the national level. It will replace all indirect taxes levied on goods and services by the Indian central and state governments. Further, the Goods and Service Tax (GST) is considered to be one of the biggest reforms in India’s indirect tax structure since the economy began to be opened up twenty five years ago. In this article, we look at how GST differs from the current regimes and how it will work. Current Scenario of Indirect Taxation The salient feature of our constitution is that it divides taxation power between centre and states. Both enjoys their own share of powers and has some exclusive areas where they can levy tax. There are also direct taxes and indirect taxes. Currently, there are two important problems with the current scenario. For an example, consider the manufacturing of some goods such as shirt which starts from weaving to the finished good to be consumed. It starts from centre; Central government levies the indirect tax called central exercise at factory gate. Eventually, the shirt reaches a retail outlet and ultimately goes in hands of the consumer, who buys the product. Now, its state government turn, which levies Value Added Tax  (VAT) as a tax on consumption. So, we have two taxes, a tax at the factory gate which adds to the cost of the shirt and another tax on the final price, making compliance cumbersome for the business and regulation complex for the government. How GST will Transform India Goods and Services Tax (GST) is actually an indirect tax reform which ultimately aims to remove taxation barriers between states and create a single market which is open to all to buy, sell, import, export within the country. It’s exclusively designed and has class within it which provides economic freedom to Traders. Ultimately, GST will make it easier for businesses and consumers. Under GST, the common man benefits in two ways: firstly, all the taxes are directly collected at the point of consumption. For example, if a shirt is taxed at 15%, it will include both central government’s taxes and state government’s taxes. Secondly, when tax barriers are broken between the states; the consumers would not need to end up paying tax on tax which is what happens when goods move across state borders – ultimately reducing the tax paid. How GST Works – An Illustration Stage 1 |  The Manufacturer: Let’s assume a manufacturer of shirts buys a raw material to weave a cloth – thread, buttons, tailoring equipment which cost him Rs 100, a sum that includes a tax of Rs 10. With the available raw material, the manufacturer manufactures a shirt. The manufacturer adds value to the materials in the process of creating the shirt.  Let us assume the value added by him to be Rs. 30. Then the gross value of the shirt becomes Rs 130, (Rs 100 + 30). At a rate of 10%, the tax on output on shirt will then be Rs 13. But under GST, he can set off this tax Rs 13 against the tax, as he has already paid on raw material and inputs Rs 10. Therefore, the effective GST incidence on the manufacturer is only Rs.3 this way Rs.13-10, making GST a tax only on the value added.  Stage 2 | The Distributor or Service Provider: The consecutive stage is that of the good passing from the manufacturer to the wholesaler, a service provider. The wholesaler buys it for Rs.130 and adds on value which is the margin of for assumption say Rs.20. Then the gross value of the goods the wholesaler sells would then becomes a total of Rs 150 (Rs130 + 20). A 10% tax on this amount will become Rs 15. But again, under GST, one can set off the tax on his output Rs 15 against the tax on his purchased good from the manufacturer Rs 13. Thus, ultimately the effective GST incidence on the wholesaler is only Rs.2 (15 – 13). Stage 3 | The Consumer: Finally a retailer buys the shirt from the wholesaler. He adds a margin of Rs.10 to his purchase of Rs.150. Therefore the gross value of the shirt he sells goes up to Rs.160 (Rs.150 + 10). At this stage the tax a 10% will be Rs.16. By setting off this tax (Rs.16) against the tax on his purchase from the wholesaler (Rs 15), the retailer brings down the effective GST incidence on himself to Rs.1 (16 –15). Thus we come to an conclusion of the total GST on the entire value chain from raw material i.e. input suppliers (who can claim no tax credit since they haven’t purchased anything themselves) through the manufacturer, wholesaler and retailer is Rs 10+3+2+1 = Rs 16 as a grand total, which is finally borne by the consumer. Click here to know more about GST registration in India.

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GST Tax Deduction – Rules and Regulations

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GST Tax Deduction – Rules and Regulations TDS or Tax Deduction at Source is a means of indirect tax collection, wherein a tax “deductor” is made responsible for the collection and deposit of tax while completing a notified transaction. Tax deduction at source helps the government consolidate the number of persons responsible for remitting tax and increases tax collection. In this article, we look at the Tax Deduction at Source for GST. Section 46 of GST – Tax Deduction at Source Section 46 deals with Tax Deduction at Source under the GST regime. As per Section 46 of GST Model Law, the Central or a State Government could mandate the following types of entities to be deemed as a “Tax Deductor”: Department or establishment of the Central or State Government, or Local authority, or Governmental agencies, or Such persons or category of persons as may be notified, by the Central or a State Government on the recommendations of the GST Council. As per GST Model Law, a Tax Deductor can be required to deduct tax at the rate of one percent from the payment made or credited to the supplier of taxable goods and/or services, notified by the Central or a State Government on the recommendations of the Council, where the total value of such supply, under a contract, exceeds five lakh rupees. While deducting tax as per GST regulations, the deductor is required to furnish to the deductee a certificate mentioning the contract value, rate of deduction, amount deducted, amount paid to the appropriate Government and other particulars as prescribed by the Government, from time to time. Remittance of GST Tax Deducted The tax deducted under GST, should be paid to the account of the appropriate Government by the deductor within ten days after the end of the month in which such deduction is made. Claiming Credit for GST Tax Remitted As per the GST Model Law, once a deductor deducts tax, remits the amount with the appropriate Government authority, issues a tax deduction certificate under GST, he deductor could claim credit of the tax deducted and reflected in the return of the deductor. Penalties for Improper GST Tax Deduction at Source If a deductor fails to furnish to the deductee the tax deduction certificate under GST, after deducting the tax at source, within five days of crediting the amount so deducted to the appropriate Government. Then the deductor shall be liable to pay, by way of a late fee, Rs.100 per day from the day after the expiry of the five day period until the failure is rectified. The maximum penalty payable under this section cannot exceed Rs.5000. If a deductor fails to pay to the account of the appropriate Government the amount deducted as tax, then the deductor would be liable to pay interest in addition to the amount of tax deducted.

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GST Registration Extension

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GST Registration Extension for Existing Taxpayers The Goods and Services tax (GST) network has extended the date of GST registration or migration of existing taxpayers till the end of April, 2017. Since, many of the States have not migrated even 50% of their existing taxpayers to the GST system, the deadline has been extended to help States and Taxpayers complete the formalities in the current month prior to the July 1st, 2017 rollout.  GST Migration The process of migration of more than 8 million taxpayers to the GST structure started in November, 2016 with a staged migration for every state. However, after completion of the migration, most states registered migration of less than 50% of the taxpayer base and the enlistment numbers remained low. Hence, the deadline has been revised as under to accommodate more taxpayers: State Start Date for GST Migration Revised GST Migration Deadline Puducherry 8-Nov-16 30-Apr-17 Sikkim 8-Nov-16 30-Apr-17 Maharashtra 14-Nov-16 30-Apr-17 Goa 14-Nov-16 30-Apr-17 Daman and Diu 14-Nov-16 30-Apr-17 Dadra and Nagar Haveli 14-Nov-16 30-Apr-17 Chhattisgarh 14-Nov-16 30-Apr-17 Gujarat 15-Nov-16 30-Apr-17 Odisha 30-Nov-16 30-Apr-17 Jharkhand 30-Nov-16 30-Apr-17 Bihar 30-Nov-16 30-Apr-17 West Bengal 30-Nov-16 30-Apr-17 Madhya Pradesh 30-Nov-16 30-Apr-17 Assam 30-Nov-16 30-Apr-17 Tripura 30-Nov-16 30-Apr-17 Meghalaya 30-Nov-16 30-Apr-17 Nagaland 30-Nov-16 30-Apr-17 Arunachal Pradesh 30-Nov-16 30-Apr-17 Mizoram 30-Nov-16 30-Apr-17 Manipur 30-Nov-16 30-Apr-17 Uttar Pradesh 16-Dec-16 30-Apr-17 Jammu and Kashmir 16-Dec-16 30-Apr-17 Delhi 16-Dec-16 30-Apr-17 Chandigarh 16-Dec-16 30-Apr-17 Haryana 16-Dec-16 30-Apr-17 Punjab 16-Dec-16 30-Apr-17 Uttarakhand 16-Dec-16 30-Apr-17 Himachal Pradesh 16-Dec-16 30-Apr-17 Rajasthan 16-Dec-16 30-Apr-17 Kerala 1-Jan-17 30-Apr-17 Tamil Nadu 4-Jan-17 30-Apr-17 Karnataka 1-Jan-17 30-Apr-17 Telangana 1-Jan-17 30-Apr-17 Andhra Pradesh 1-Jan-17 30-Apr-17 Taxpayers who are registered under Central Excise Act but not registered under State VAT 7-Jan-17 30-Apr-17 Taxpayers who are registered under Service Tax Act but not registered under State VAT 25-Jan-17 30-Apr-17 New GST Registration To be announced   How to Migrate to GST? To migrate an existing tax registration to GST or GSTIN, the taxpayer can login to the GSTN Portal and migrate data to GST. To migrate to GST, a provisional ID and password provided by the tax department would be required. Using the provisional ID and password and the following documents / information, the GST migration can be completed easily: Valid email address  Valid mobile number Bank account number IFSC code Business Registration Document In case of Partnership Firm:  Partnership deed. In case of LLP or Company: Incorporation Certificate In case of others: Registration Certificate Other Documents Photograph of promoters Proof of appointment of authorized signatory Photograph of authorized signatory Bank Documents Bank account number Address of branch Address of account holder Few transaction details Click here to visit the IndiaFilings GST Portal to know more about GST registration, filing and migration.

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GST Advantages and Disadvantages

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GST Advantages and Disadvantages The GST is a Value added Tax (VAT) is proposed to be a comprehensive indirect tax levy on manufacture, sale and consumption of goods as well as services at the national level. It will replace all indirect taxes levied on goods and services by the Indian Central and State governments. Though GST is considered to be a historical tax reform in India, it also has some demerits. We here would look into GST Taxation and deal with its advantages and disadvantages. GST Advantages GST is a transparent tax and also reduce number of indirect taxes.  GST will not be a cost to registered retailers therefore there will be no hidden taxes and and the cost of doing business will be lower. Benefit people as prices will come down which in turn will help companies as consumption will increase. There is no doubt that in production and distribution of goods, services are increasingly used or consumed and vice versa.  Separate taxes for goods and services, which is the present taxation system, requires division of transaction values into value of goods and services for taxation, leading to greater complications, administration, including compliances costs. In the GST system, when all the taxes are integrated, it would make possible the taxation burden to be split equitably between manufacturing and services. GST will be levied only at the final destination of consumption based on VAT principle and not at various points (from manufacturing to retail outlets). This will help in removing economic distortions and bring about development of a common national market. GST will also help to build a transparent and corruption free tax administration. Presently, a tax is levied on when a finished product moves out from a factory, which is paid by the manufacturer, and it is again levied at the retail outlet when sold. GST is backed by the GSTN, which is a fully integrated tax platform to deal with all aspects of GST. GST Disadvantages Some Economist say that GST in India would impact negatively on the real estate market. It would add up to 8 percent to the cost of new homes and reduce demand by about 12 percent. Some Experts says that CGST(Central GST), SGST(State GST) are nothing but new names for Central Excise/Service Tax, VAT and CST. Hence, there is no major reduction in the number of tax layers.  Some retail products currently have only four percent tax on them. After GST, garments and clothes could become more expensive. The aviation industry would be affected. Service taxes on airfares currently range from six to nine percent. With GST, this rate will surpass fifteen percent and effectively double the tax rate. Adoption and migration to the new GST system would involve teething troubles and learning for the entire ecosystem. For the Common Man – Items Expected to Get Cheaper  The following things/items are expected to become cheaper under GST for the common man: Prices of movie tickets may become cheaper in most states Dining in restaurants Two-wheelers Entry-level sedan (except small cars) SUVs and luxury or premium cars Televisions Washing machines Stoves For the Common Man – Items Expected to Get Costlier The following things/items are expected to become costlier under GST for the common man: Mobile bills Renewal premium for life insurance policies Banking and investment management services Basic luxuries for a common man like WIFI and DTH services, online booking of tickets may become costlier. Residential rent Health care School fees Courier services Commuting by metro or rail may become expensive. Aerated  drinks Cigarettes  and tobacco products.   Know more about the GST rollout in India at the IndiaFilings GST Portal.

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Solved: GST Provisional ID Not Generated or Not Working

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Solved: GST Provisional ID Not Generated or Not Working

An existing taxpayer who is already registered under Central Excise, Service Tax, VAT, Entry Tax, Luxury Tax or Entertainment Tax is migrated to the new GST Platform under a process called enrolment. Enrolment under GST means validating the data of existing taxpayer from legacy system and updating the remaining key information under the new GST system by the taxpayer to prepare for the GST regime in India. In some cases, there could be issues like GST Provisional ID is not generated or not working. In this article, we look at the process for solving such issues.

GST Enrolment using Provisional ID

Existing taxpayers who are already registered under Central Excise, Service Tax, VAT, Entry Tax, Luxury Tax or Entertainment Tax are required to complete the GST enrolment process using a provision ID provided by the respective tax department. All existing taxpayers are required to be enrolled through the GST portal, as it is mandatory for complying under the GST regime by filing GST return, making GST payment, etc.

To enroll under GST, a business must have the following information:

  • Provisional ID received from State/ Central Authorities
  • Password received from the State/ Central Authorities
  • Valid E-mail Address
  • Valid Mobile Number
  • Bank Account Number
  • Bank IFSC
GST Provisional ID Format
GST Provisional ID Format

In addition to having the above information handy, the following documents are also required:

  1. Proof of Business Incorporation or Registration or Constitution in PDF or JPEG format of less than 1MB size
    • Partnership Deed for Partnership Firms
    • Incorporation Certificate for LLP, Private Limited Company, One Person Company, Limited Company and other types of Companies.
    • Registration Certificate from Concerned Authority for other types of entities.
  2. Photograph of Promoters / Partners / Karta or HUF
  3. Proof of Appointment of Authorised Signatory
  4. Photograph of Authorised Signatory
  5. Opening page of Bank Passbook or Statement with Bank Account Number, Address, Branch and Few Transaction.

With the above details, the existing taxpayer can visit the GST Portal for enrolment under GST.

GST Provisional ID Not Generated

GST enrolment has been very successful and over 83 lakh businesses have already migrated to the new GST platform as of April 30th, 2017 as under:

Sr. No. State Start Date Number of Taxpayers with validated PAN User activated till date Percentage of User Activated
1 Andhra Pradesh 1/1/2017 229,493 203,330 88.60%
2 Arunachal Pradesh 11/30/2016 5,476 1,539 28.10%
3 Assam 11/30/2016 206,034 57,532 27.92%
4 Bihar 11/30/2016 194,495 115,338 59.30%
5 Chandigarh 12/16/2016 16,305 14,844 91.04%
6 Chhattisgarh 11/14/2016 109,055 91,010 83.45%
7 Dadra and Nagar Haveli 11/14/2016 4,389 3,031 69.06%
8 Daman and Diu 11/14/2016 4,803 3,349 69.73%
9 Delhi 12/16/2016 393,200 268,761 68.35%
10 Goa 11/14/2016 25,016 15,742 62.93%
11 Gujarat 11/15/2016 499,823 450,729 90.18%
12 Haryana 12/16/2016 242,527 172,709 71.21%
13 Himachal Pradesh 12/16/2016 66,165 34,056 51.47%
14 Jammu & Kashmir 12/16/2016 58,208 2,866 4.92%
15 Jharkhand 11/30/2016 92,627 57,344 61.91%
16 Karnataka 1/1/2017 550,489 513,426 93.27%
17 Kerala 1/1/2017 263,424 183,014 69.48%
18 Madhya Pradesh 11/30/2016 301,997 251,988 83.44%
19 Maharashtra 11/14/2016 803,261 705,235 87.80%
20 Manipur 11/30/2016 3,940 1,789 45.41%
21 Meghalaya 11/30/2016 24,296 4,711 19.39%
22 Mizoram 11/30/2016 2,313 868 37.53%
23 Nagaland 11/30/2016 4,847 2,829 58.37%
24 Odisha 11/30/2016 175,463 89,870 51.22%
25 Puducherry 11/8/2016 16,450 12,841 78.06%
26 Punjab 12/16/2016 229,541 187,113 81.52%
27 Rajasthan 12/16/2016 564,625 435,382 77.11%
28 Sikkim 11/8/2016 3,119 1,952 62.58%
29 Tamilnadu 1/1/2017 630,251 550,148 87.29%
30 Telangana 1/1/2017 209,863 163,978 78.14%
31 Tripura 11/30/2016 16,630 7,785 46.81%
32 Uttar Pradesh 12/16/2016 812,129 596,283 73.42%
33 Uttarakhand 12/16/2016 104,255 77,491 74.33%
34 West Bengal 11/30/2016 273,823 210,228 76.78%
Total for State VAT Users 7,138,332 5,489,111 76.90%
35 Taxpayers registered under Central Excise Act but not registered under State VAT 1/7/2017 55,830 14,486 25.95%
36 Taxpayers registered under Service Tax Act but not registered under State VAT 1/20/2017 1,156,337 546,580 47.27%
Total for CBEC Users 1,212,167 561,066 46.29%
Grand Total 8,350,499 6,050,177 72.45%

 

 

However, in case your business has not received a GST provisional ID and you have an existing tax registration under Central Excise, Service Tax, VAT, Entry Tax, Luxury Tax or Entertainment Tax, then it is best to contact concerned officer of the tax department.

The following flowchart can be used for understanding the steps to be taken if Provisional ID is not issued.

GST Provisional ID Not Received
GST Provisional ID Not Received

GST Provisional ID Not Working

In case you have obtained a GST provisional ID and the ID is not working during the enrolment process, then you can follow the following steps for troubleshooting:

Check if a Provisional ID is issued for your PAN by using the Check Registration Status tool on the GST Portal. In case the GST provision ID is not working during the enrolment process, then the GST provisional ID could also be cancelled, expired, or inactive. By using the Check Registration Status tool, you can see the following statues:

Provisional: It indicates that Provisional ID is issued but Application for Enrolment of Existing Taxpayer is yet to be filed after attaching digital signatures.

Pending for Verification: It indicates that application submitted is successfully, however validation by the system with external agencies is under processing. The status will get updated once verification is completed.

Validation against Error: The PAN details entered does not match with CBDT database. Kindly fill the details as per PAN details and resubmit the form.

Migrated:  The application has been successfully migrated under GST. No changes can be done to the Application now. Provisional Registration certificate shall be made available at the portal after appointed date i.e. the date on which GST Act will come into force.

Cancelled: Existing Registration is cancelled, therefore, Provisional ID stands cancelled.

The ‘Cancelled’ status indicates that Provisional ID was generated and issued but later on cancelled. It could be due to the fact that your existing registration got cancelled. In case, it is not correct. Its best to approach the respective Tax Department and check the reasons.

GST Provisional Email ID and Password Not Working

In case the Provisional ID and the password are showing as mismatch, then the following steps can be followed for solving the error.

GST Password Not Working
GST Password Not Working

 

In case you are not still not able to complete GST enrolment, checkout the IndiaFilings GST Portal or contact an IndiaFilings GST Expert.

The post Solved: GST Provisional ID Not Generated or Not Working appeared first on IndiaFilings.com | Learning Center.

Guide to GSTR-1 Filing

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Guide to GSTR-1 Filing

All persons required to be registered under GST and having GST registration must file GSTR-1 on the 10th of each month. GSTR-1 or return of outward supply would contain item wise detail of goods and services supplied with HSN or SAC codes, supply with respect to all B2B transactions, details of all inter-state supplies of B2C transactions above Rs.2.5 lakhs and all other invoices of less than Rs.2.50 lakhs with state wise summary details of all B2C transactions. In this article, we look at GSTR-1 in detail.

Requirement for Filing GSTR-1

According to Section 32 of the GST Model Law, “Every registered taxable person, other than an input service distributor, a nonresident taxable person and a person paying tax under the provisions of section 9, section 46 or section 56, shall furnish, electronically, in such form and manner as may be prescribed, the details of outward supplies of goods or services effected, during a tax period on or before the tenth day of the month succeeding the said tax period and such details shall be communicated to the recipient of the said supplies within the time and in the manner as may be prescribed”

GSTR-1 Filing Not Required

So as per the above rule of the GST Model Law, Input Service Distributor, Non-Resident Taxable Person and Persons paying tax under Section 9, Section 46 and Section 56 are not required to file GSTR-1 filing as per the above terms. However, they are still required to file GST returns as per other terms mentioned in the relevant section.

Input Service Distributor

According to the GST Model Law, Input Service Distributor is defined as an office of the supplier of goods and / or services which receives tax invoices issued under section 28 towards receipt of input services and issues a prescribed document for the purposes of distributing the credit of CGST (SGST in State Acts) and / or IGST paid on the said services to a supplier of taxable goods and / or services having same PAN as that of the office referred to above”.

All Input Service Distributors who are taxable person registered as an Input Service Distributor are required to file GST return within thirteen days after the end of such month.

Non-Resident Taxable Person

According to the GST Model Law, Non-Resident Taxable Person is a taxable person who occasionally undertakes transactions involving supply of goods and/or services whether as principal or agent or in any other capacity but who has no fixed place of business in India.

All GST registered non-resident taxable person for every calendar month are required to file GST return, electronically, within twenty days after the end of a calendar month or within seven days after the last day of the validity period of registration, whichever is earlier.

Section 9 – Composition Levy

Section 9 of the GST Model Law pertains to composition levy, wherein a taxable person having less than Rs.50 lakh aggregate turnover in the previous financial year can pay GST liability by paying an amount calculated at a rate as prescribed by the Government, but not less than 2.5% in case of a manufacturer and 1% in any other case, of the turnover in a State during the year.

Such persons falling under Section 9, are required to file GST Returns as prescribed, electronically, of inward supplies of goods or services, tax payable and tax paid within eighteen days after the end of such quarter.

Section 46 – Tax Collection at Source

All GST registered taxpayers falling under Section 46, who are required to deduct tax at source are required to file GST return for the month in which such deductions have been made along with the payment of tax so deducted within ten days after the end of such month.

How to File GSTR-1

All registered taxpayers can file GSTR-1 electronically through the GST Common Portal or through GST facilitation Centre. GSTR-1 return must contain details like:

  • Invoice wise details of all:
    • Inter-State and intra-State supplies made to registered persons;
    • Inter-State supplies with invoice value more than two and a half lakh rupees made to unregistered persons;
  • Consolidated details of all:
    • Intra-State supplies made to unregistered persons for each rate of tax; and
    • State wise inter-State supplies with invoice value less than two and a half lakh rupees made to unregistered persons for each rate of tax; and
  • Debit and credit notes, if any issued during the month for invoices issued previously.

Once GSTR-1 is filed, the details of outward supplies furnished by the supplier would be made available automatically to the concerned recipient mentioned in the invoice to facilitate matching of records with Part A of FORM GSTR- 2A, in FORM GSTR-4A and in FORM GSTR-6A. Also, the details of inward supplies added, corrected or deleted by the recipient in his FORM GSTR-2 under section 38 or FORM GSTR-4 under section 39 is made available to the supplier electronically in FORM GSTR-1A through the Common Portal for acceptance or rejection or modification.

GSTR-1 Filing on GST Common Portal
GSTR-1 Filing on GST Common Portal

Know more about GST Return Filing at IndiaFilings GST Portal

 

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Online GST Registration Guide

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Online GST Registration Guide

All persons who are required to collect GST or a person required to collect Tax at Source or a person providing online information and data base access or retrieval services (OIDAR Service) from a place outside India to a non-taxable online recipient is required to obtain GST registration in India. In this article, we look at detailed procedure for obtaining GST Registration in India with list of information and documents required.

How to Apply for GST Registration

GST Registration application can be made using Form GST REG-01 on the IndiaFilings platform, GST Common Portal or through a GST Facilitation Centre. To begin the GST Registration process, the applicant must provide his/her PAN, mobile number, email address and state of registration.

Once the information is provided online, PAN of the applicant is validated online by the Common Portal from the database maintained by the Central Board of Direct Taxes. Further, a OTP is sent to the mobile number and email address mentioned in the registration form along with a temporary reference number. Using the temporary reference number, the applicant must then complete Part-B of the FORM GST REG-01 along with that is duly signed application and documents. The application form can be submitted electronically through the GST Common Platform or through a GST Facilitation Centre.

Information Required in GST Registration Application

The following information can be submitted online through the GST Common Portal or through a GST Facilitation Centre or IndiaFilings.

 

GST Registration Application - Page 1
GST Registration Application – Page 1

 

GST Registration Application - Page 2
GST Registration Application – Page 2

 

GST Registration Application - Page 3
GST Registration Application – Page 3

 

GST Registration Application - Page 4
GST Registration Application – Page 4

 

GST Registration Application - Page 5
GST Registration Application – Page 5

 

GST Registration Application - Page 6
GST Registration Application – Page 6

 

GST Registration Application - Page 7
GST Registration Application – Page 7

 

GST Registration Application - Page 8
GST Registration Application – Page 8

Documents Required for GST Registration

  • Photographs of the Promoters
    • In case of Proprietary Concern – Proprietor’s Photo
    • In case of Partnership Firm / LLP – Managing or Authorized or Designated Partner’s Photo. Upto 10 partners photos can be submitted.
    • In case of HUF – Karta
    • In case of Company – Managing Director or the Authorised Person
    • In case of Trust – Managing Trustee
    • In case of Association of Persons or Body of Individuals – Members of Managing Committee. Photos of upto ten members including that of Chairman are to be submitted.
    • In case of Local Authority – CEO or his equivalent
    • In case of Statutory Body – CEO or his equivalent
    • For all Others – Person in Charge
  • Constitution of Business or Registration Certificate
    • In case of Partnership Firm – Partnership Deed
    • In case of Society, Trust, Club, Government Department, Association of Persons or Body of Individuals, Local Authority, Statutory Body and Others – Registration Certificate or Proof of Constitution
    • In case of LLP – Incorporation Certificate
    • In case of Company – Incorporation Certificate
  • Proof of Principal Place of Business
    • In case of own premises – Any document in support of the ownership of the premises like latest Property Tax Receipt or Municipal Khata copy or copy of Electricity Bill.
    • In case of Rented or Leased premises – A copy of the valid Rent / Lease Agreement with any document in support of the ownership of the premises of the Lessor like Latest Property Tax Receipt or Municipal Khata copy or copy of Electricity Bill.
    •  For rented/leased premises where the Rent/lease agreement is not available – An affidavit to that effect along with any document in support of the possession of the premises like copy of Electricity Bill.
    • For all other cases including shared properties – A copy of the Consent Letter with any document in support of the ownership of the premises of the Consenter like Municipal Khata copy or Electricity Bill copy.
    • In case the principal place of business is located in an SEZ or the applicant is an SEZ developer – necessary documents/certificates issued by Government of India are required to be uploaded.
  • Bank Account Related Proof
    • Scanned copy of the first page of Bank passbook or the relevant page of Bank Statement or Scanned copy of a cancelled cheque containing name of the Proprietor or Business entity, Bank Account No., MICR, IFSC and Branch details including code.

GST Authorisation Form

The following GST Authorisation Form must be executed by the Managing Director or Board of Director authorizing the authorised signatory signing the GST registration application.

Declaration for Authorised Signatory

Provide details of Proprietor/all Partners/Karta/Managing Directors and whole time Director/Members of Managing Committee of Associations/Board of Trustees etc.)

I/We, (Name) of Partners/Karta/Directors/Trustees/CEO) being (Partners/Karta/Managing Directors and whole time Director/Members of Managing Committee of Associations/Board of Trustees etc.) of (GST Applicant Name), hereby solemnly affirm and declare that (Name of Authorised Signatory) is hereby authorized, vide resolution no (Board Resolution Number, if applicable) dated (Board Resolution Date, if applicable) (copy submitted herewith), to act as an authorized signatory for the business (Name of the Business / GST Applicant Name) for which application for registration is being filed under the Act. All his actions in relation to this business will be binding on me/us.

Signature of the person(s) competent to sign

Name:

Designation/Status:

(Name of the proprietor/Business Entity)

Digitally Signing the GST Registration Application

Once the above information and documents are provided, the application for GST registration must be digitally signed by the person mentioned in the table below:

  • For Proprietorship – Proprietor
  • For Partnership – Managing / Authorized Partners
  • For Hindu Undivided Family – Karta
  • For Private Limited Company – Managing / Whole-time Directors
  • For Public Limited Company – Managing / Whole-time Directors
  • For Society/ Club/Trust/AOP – Members of Managing Committee
  • For Government Department – Person In Charge
  • For Public Sector Undertaking – Managing / Whole-time Director
  • For Unlimited Company – Managing/ Whole-time Director
  • For Limited Liability Partnership – Designated Partners
  • For Local Authority – Chief Executive Officer (CEO) or Equivalent
  • For Statutory Body – Chief Executive Officer (CEO) or Equivalent
  • For Foreign Company – Authorized Person in India
  • For Foreign Limited Liability Partnership – Authorized Person in India
  • For Others (specify) – Person In charge

GST Registration Application Receipt

Once the above information and documents are submitted, a GST Registration Application Acknowledgement is provided:

GST Registration Application Acknowledgement
GST Registration Application Acknowledgement

GST Registration Application Processing by the Government

The GST Registration application along with the information and documents submitted would be forwarded by the system to the concerned officer for verification. If the application is in order, the Officer would approve the grant of registration to the applicant within three working days from the date of submission of application.

In case there are any deficiencies with the application or information or documents submitted, the Officer would issue a notice to the applicant electronically in FORM GST REG-03 within three working days from the date of submission of application. On receiving the details of deficiencies, the applicant is required to submit the clarification or information or documents to the concerned Officer in FORM GST REG-04, within seven working days from the date of receipt of such notice

Non-Submission of Clarification

If no reply is submitted by the applicant in response to the deficiencies in application noted by the Officer within seven days or the officer is not satisfied with the clarification, the Officer could reject the application with reason for registration in writing.

Automatic GST Registration

If the concerned Officer does not take any action within three working days from the date of submission of application, or within seven working days from the date of receipt of clarification, information or documents furnished by the applicant then the application for grant of registration would be deemed to have been approved.

GST Registration

If the Officer is satisfied with the GST registration application furnished by the applicant, he/she may approve the grant of registration to the applicant within seven working days from the date of receipt of such clarification or information or documents. The GST Registration Certificate would be issued in the model shown below:

Model GST Registration Certificate
Model GST Registration Certificate

The GST Registration Certificate would show the name of the business, the principal place of business, type of entity, validity perdio and a Goods and Services Tax Identification Number (GSTIN). The 15 digit GSTIN is provided in the following format: two characters for the State code, ten characters for the PAN or the Tax Deduction and Collection Account Number, two characters for the entity code and one checksum character.

Know more about GST Return Filing post obtaining GST Registration on IndiaFilings GST Portal.

The post Online GST Registration Guide appeared first on IndiaFilings.com | Learning Center.

GST Composition Levy – Eligibility & Application Procedure

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GST Composition Levy – Eligibility & Application Procedure

Small businesses are the backbone of the Indian economy and there are an estimated 55 million Micro, Small and Medium Enterprises operating in India. The rollout of GST would have extensive impact on over ten million SME businesses operating in India and would require compliance under the GST regime. However, many small businesses would not have the expertise or the capability to comply with many of the GST regulations, unlike medium and large sized businesses. Hence, to make GST compliance easy for micro, small and medium enterprises operating in India, there exists a GST composition levy scheme. In this article, we look at the GST Composition Levy scheme in detail along with eligibility criteria and application procedure.

GST Composition Levy

The concept of Composition Levy is mentioned in Section 10 of the GST Act as follows:

Notwithstanding anything to the contrary contained in this Act but subject to the provisions of sub-sections (3) and (4) of section 9, a registered person, whose aggregate turnover in the preceding financial year did not exceed fifty lakh rupees, may opt to pay, in lieu of the tax payable by him, an amount calculated at such rate as may be prescribed, but not exceeding,

  • one per cent of the turnover in State or turnover in Union territory in case of a manufacturer

  • two and a half per cent of the turnover in State or turnover in Union territory in case of persons engaged in making supplies referred to in clause (b) of paragraph 6 of Schedule II, and

  • half per cent. of the turnover in State or turnover in Union territory in case of other suppliers

Hence, any business registered in India with an aggregate sales turnover of less than Rs.50 lakhs in the preceding financial year can pay their GST liability in the form of a composition levy at prescribed rates.

In case of manufacturers, the composition levy has been fixed at 1% of the aggregate turnover in the State or Union Territory.

In case of businesses involved in providing of food or drinks or other items for human consumption and not being alcohol, the composition levy has been fixed at 2.5%. Many small restaurants and eateries would qualify under this criteria as Clause (b) of Paragraph 6 of Schedule II states:

Supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration.

Finally, any other suppliers who do not fall under any of the category above and is eligible for the composition levy scheme would be taxed at 0.5% of the turnover in State or Union Territory.

Eligibility for GST Composition Scheme

Only small businesses that comply with the following conditions would be eligible for payment of GST liability through the GST Composition Scheme. The GST composition scheme has many stringent regulations and its important for all business owners to under the nuances of GST composition scheme, prior to making an application for registration.

  1. The taxpayer cannot be a casual taxable person nor a non-resident taxable person
    • “Casual taxable person” means a person who occasionally undertakes transactions involving supply of goods or services or both in the course or furtherance of business, whether as principal, agent or in any other capacity, in a State or a Union
      territory where he has no fixed place of business.
    • “Non-resident taxable person” means any person who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India;
  2. The goods held in stock by the taxpayer on the date GST came into force should not have been purchased in the course of inter-state trade or commerce or imported from a place outside India or received from a branch of the business situated outside the State or from the taxpayer’s agent or principal outside the State.
    • Thus only businesses that have stock that have been purchased within the State would be eligible for the composition scheme.
  3. The goods held in stock by the taxpayer has should not have been purchased from an unregistered supplier and if purchased from an unregistered supplier, the taxpayer must then have paid GST on the purchase on reverse charge basis.
    • Sub-section (4) of Section 9 states “The central tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.”
  4. On the inward supply of goods or services or both, taxpayer should have paid tax under reverse charge basis.
    • Sub-section (3) of Section 9 states “The Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.”
  5. The taxpayer should not have been engaged in the manufacture of goods as notified under clause (e) of subsection (2) of section 10, during the preceding financial year.
    • Clause (e) of subsection (2) of Section 10 states “he is not a manufacturer of such goods as may be notified by the Government on the recommendations of the Council”
  6. The taxpayer must mention the words “composition taxable person, not eligible to collect tax on supplies” at the top of the bill of supply issued by him.
  7. The taxpayer should mention the words “composition taxable person” on every notice or signboard displayed at a prominent place at his principal place of business and at every additional place or places of business.

Applying for GST Composition Levy

The procedure for applying for GST composition levy differs from persons migrated to GST having provisional GST registration and those obtaining fresh GST registration.

For Taxpayers Who Migrated to GST

Any person who has been granted a provisional GST registration can apply for the GST Composition Levy scheme by filing Form GST CMP-01. Form GST CMP-01 can be filed on the GST Common Portal or a GST Facilitation Centre with the authorised signatory’s sign. Form GST CMP-01 is to be used by persons having provisional GST registration, who migrated from an service tax or VAT or central excise or other such registration subsumed under GST.

GST Form CMP-01
GST Form CMP-01

Form GST CMP-01 for GST composition levy must have been filed by those having provisional GST registration should file the form before the date of GST coming into force or within 30 days of GST coming into force or any further period as extended by the Commissioner.

Taxpayers who migrated to the GST registration are also required to file Form GST CMP-03, with details of stock, including the inward supply of goods received from unregistered persons, held by the taxpayer on the day preceding the date from which the taxpayer opts to pay tax under GST Composition levy.

Form GST CMP-03
Form GST CMP-03

For Taxpayers Who Obtain Fresh GST Registration

Form GST CMP-02 should be filed by those taxpayers obtaining a GST registration for the first time. GST CMP-02 must have been filed by the taxpayer prior to the commencement of the financial year for which the taxpayer would like to adopt the GST composition levy. Further, after filing GST CMP-02, the taxpayer must file FORM GST ITC-3 within 60 days from the commencement of the relevant financial year.

Form GST CMP-02
Form GST CMP-02

 

Validity of GST Composition Levy Registration

The option exercised by a registered taxpayer to pay tax under the GST composition levy scheme is valid as long as the business satisfies all the conditions mentioned in the eligibility criteria above. In case any of the above mentioned eligibility criteria is not satisfied by the taxpayer, the taxpayer should cease claiming benefits under the GST composition levy scheme and begin issuing tax invoice for every taxable supply made thereafter. To intimate the cancellation of the GST composition levy scheme, the taxpayer is required to file an intimation for withdrawal in FORM GST CMP-04 within seven days of occurrence of any event that makes the business ineligible for the GST composition levy.

Form GST CMP-04
Form GST CMP-04

 

For more information about GST Registration, GST Return Filing or other GST related queries, visit the IndiaFilings GST Portal.

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GST Invoice Format and Rules

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GST Invoice Format and Rules

The rollout of GST in 2017 will necessitate changes to the invoice format for millions of businesses. The format for issuing GST invoice and the related rules are laid out in the GST Tax Invoice, Credit and Debit Notes Rules. In this article, we look at GST Invoice Format, manner of issuing invoice and time for issuing invoice in detail.

Invoice Format

All invoice issued by businesses under GST must contain the following information:

  1. Name, address and GSTIN of the supplier
  2. A consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters hyphen or dash and slash symbolised as “-” and “/” respectively, and any combination thereof, unique for a financial year.
  3. Date of its issue
  4. Name, address and GSTIN or UIN, if registered, of the recipient
  5. 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 and where the value of taxable supply is fifty thousand rupees or more;
  6. HSN code of goods or Accounting Code of services;
  7. Description of goods or services;
  8. Quantity in case of goods and unit or Unique Quantity Code thereof
  9. Total value of supply of goods or services or both
  10. Taxable value of supply of goods or services or both taking into account discount or abatement, if any
  11. Rate of tax (central tax, State tax, integrated tax, Union territory tax or cess)
  12. Amount of tax charged in respect of taxable goods or services (central tax, State tax, integrated tax, Union territory tax or cess)
  13. Place of supply along with the name of State, in case of a supply in the course of inter-State trade or commerce
  14. Address of delivery where the same is different from the place of supply
  15. Whether the tax is payable on reverse charge basis; and
  16. Signature or digital signature of the supplier or his authorized representative.

Key Differences Between the New GST Invoice Format and Old Invoice Format

Invoice formats across the world have certain universal elements that are the same like date of invoice, name and address of the supplier and recipient, description of goods, quantity, total value of supply, taxable value of supply, rate of tax, amount of tax and final value.

Under GST, GSTIN of the supplier is mandatorily required to be mentioned in the tax invoice along with a consecutive serial number that is unique for each financial year. Hence, businesses must adopt an invoice numbering format that takes into account the GST requirements. Small businesses can adopt an invoice number format starting with the financial year like 2017-XXXX, wherein the XXXX could be numerals for easily keeping track the number of invoices issued by the business in a financial year. There is no requirement that the numbering start from 1. Hence, the business can determine a starting number as per their requirements and consecutively number the invoices from the starting number. Large businesses on the other hand can adopt a serial numbering which includes alphabets to increase the number of available invoice numbers and to handle complexities like branch accounting.

GSTIN of the Recipient

The GST invoice distinct rules for issuing an invoice to a recipient registered under GST and a recipient not having GST registration. Normally, businesses would have GSTIN and would be eligible for claiming input tax credit on the purchase, whereas recipients without a GSTIN would be end consumers / individuals – not being eligible to claim input tax credit. Hence, in case of the recipient having GSTIN, the name, address and GSTIN of the recipient should be mentioned. In case the recipient does not have GSTIN and the value of supply is more than Rs.50,000, then the following details of the recipient must be mentioned on the invoice:

  • Name
  • Address of the recipient
  • Address of delivery with State and State Code

HSN Code or Accounting Code of Services

The rate of tax under GST has been classified using the HSN Code and Accounting Code of Services. Harmonized System of Nomenclature (HSN) Codes has been issued for all goods and the rate of tax has been fixed based on the HSN code. Hence, in all invoices, the goods sold by the business must be classified as per the HSN Code.

In case of services, the rate of tax under GST has been classified under the Accounting Code of Services. Hence, in all invoices for services, the business must be classified as per the Accounting Code of Services.

Description, Quantity, Value of Supply and, Taxable Value and Rate of Tax

With the HSN or Accounting Code of Services, the description of goods, quantity, value of supply, taxable supply and rate of tax must be mentioned in the invoice. Taxable value of supply of goods or services is the value of supply taking into account discount or abatement, if any. Finally, the place of supply along with the name of State, in case of a supply in the course of inter-state trade or commerce.

Signature of Authorised Representative

Finally, the invoice must contain the signature or digital signature of the supplier or his authorized representative.

GST Export Invoice

In case of issuing an invoice for export of goods or services, the invoice as mentioned above must contain the endorsement

  • SUPPLY MEANT FOR EXPORT ON PAYMENT OF INTEGRATED TAX; or
  • SUPPLY MEANT FOR EXPORT UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX

Further, all export invoices must contain details like name and address of the recipient, address of delivery and country of destination.

GST Invoice Format
GST Invoice Format

How to Issue GST Invoice

In case of supply of goods, the invoice must be prepared in triplicate as follows:

  • The original copy being marked as ORIGINAL FOR RECIPIENT;
  • The duplicate copy being marked as DUPLICATE FOR TRANSPORTER;
  • The triplicate copy being marked as TRIPLICATE FOR SUPPLIER.

In case of supply of services, the invoice must be prepared in duplicate as follows:

  • The original copy being marked as ORIGINAL FOR RECIPIENT;
  • Tthe duplicate copy being marked as DUPLICATE FOR SUPPLIER.

Once the invoice is issued, the serial number of invoices issued during a tax period should be uploaded electronically through the GST Common Portal in Form GSTR-1.

Time Limit for Issuing Invoice

All invoices must be issued within a period of thirty days from the date of supply of service. For more information about the time for issuing invoice, you can also refer to the IndiaFilings GST Portal.

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Making GST Payment – Electronic Cash Ledger

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Making GST Payment – Electronic Cash Ledger

The GST platform created by the Government has three ledgers for managing GST payment, liability, input credit, interest due, penalty due, late fee or any other amount – namely GST Electronic Liability Ledger, GST Electronic Credit Ledger and GST Electronic Cash Ledger. The three ledgers are used to balance the GST liability, credit and payments pertaining to each of the GST taxpayer. In this article, we look at the procedure for making GST payment and the Electronic Cash Ledger in detail.

GST Electronic Cash Ledger

The GST electronic cash ledger is maintained in Form GST PMT-05 for each of the GST taxpayer. The GST Electronic Cash Ledger would have credit entries for amounts deposited towards GST liability and debit entries for the payments like GST tax, interest, penalty, fee or any other amount. The following is the format for the GST Electronic Cash Ledger or GST Form PMT-05:

GST Electronic Cash Ledger
GST Electronic Cash Ledger

 

Procedure for Depositing GST Payment

To deposit a GST payment or to debit the GST electronic cash ledger account, the taxpayer or any person on the taxpayers behalf can generate a challan in Form GST PMT-06 on the GST Common Portal. Based on the GSTIN of the taxpayer, details like name and address of taxpayer, email address and mobile number on the account would be auto populated. The taxpayer must then enter the GST payment details like major heads of accounts (CGST, IGST, Cess, Sub-total, SGST and UTGST) and minor heads of accounts (Tax, Interest, Penalty, Fee, Others and Total).

GST Form PMT-06 - Part A
GST Form PMT-06 – Part A

 

GST Form PMT-05 - Part B
GST Form PMT-05 – Part B

Once the payment information is entered, the mode of payment must be entered along with the information of the payment depositor like Name, Designation, Signature and Date. FORM GST PMT-06 generated at the Common Portal is valid for a period of fifteen days.

Modes of Making GST Payment

GST payment can be made through any of the following modes:

  • Internet Banking through authorized banks;
  • Credit card or Debit card through the authorised bank;
  • National Electronic Fund Transfer (NeFT) or Real Time Gross Settlement (RTGS) from any bank; (
  • Over the Counter payment (OTC) through authorized banks for deposits up to ten thousand rupees per challan per tax period, by cash, cheque or demand draft
    • The restriction for deposit of up to ten thousand rupees per challan in case of an Over the Counter (OTC) payment is not applicable to the deposits made by Government Departments or any other officer authorised to recover outstanding dues from any person, whether registered or not, including recovery made through attachment or sale of movable or immovable properties;

CIN Generation on Successful Payment

If a GST payment is successfully credited to the concerned government account, a Challan Identification Number (CIN) will be generated by the collecting Bank and the same would be indicated in the challan. On obtaining the CIN from the collecting Bank, the GST payment amount is credited to the electronic cash ledger of the person on whose behalf the deposit has been made and a receipt is provided on the GST Common Portal.

CIN Not Generated After Making Payment

If the bank account of a person making GST payment is debited but no Challan Identification Number (CIN) is generated or communicated, the taxpayer can make a representation using FORM GST PMT-07 through the Common Portal to the Bank or electronic gateway through which the deposit was initiated for assistance.

GST Form PMT-07
GST Form PMT-07

 

Discrepancy in Electronic Cash Ledger

In case a CIN is generated after making payment, but there is a discrepancy with the Electronic Cash Ledger or the Electronic Credit Ledger or Electronic Liability Ledger, FORM GST PMT-04 can be used for communicating the discrepancy and obtaining assistance.

GST Form PMT-04
GST Form PMT-04

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Calculating GST Payment Due – Electronic Liability Register

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Calculating GST Payment Due – Electronic Liability Register

The GST platform in India uses a system of three ledgers, namely Electronic Liability Register, Electronic Credit Ledger and Electronic Cash Ledger to manage the GST liability, credit, payment due, deposits, interest, penalty and late fee or any other debit/credit amount of each of the taxpayer. The electronic liability register maintained in FORM GST PMT-01 is used to manage the GST payment due, interest, penalty, late fee or any other amount of a tax payer. In this article, we look at the procedure for calculating GST payment due on the Common Portal.

Electronic Liability Register

The electronic liability register or GST PMT-01 of a taxpayer is made available on the GST Common Portal for the taxpayers ready reference. The electronic liability register is debited for:

  • Amount payable towards tax, interest, late fee or any other amount payable as per the return furnished by the taxpayer;
  • Amount of tax, interest, penalty or any other amount payable as determined by a proper officer in pursuance of any proceedings under the Act or as ascertained by the taxpayer;
  • Amount of tax and interest payable as a result of mismatch under section 42 or section 43 or section 50; or
  • Amount of interest that may accrue from time to time.
GST Form PMT-01 - Part A
GST Form PMT-01 – Part A

 

GST Form PMT-01 - Part B
GST Form PMT-01 – Part B

When a GST payment is made, the liability of a registered person as per his return is recorded by debiting the electronic credit ledger or the electronic cash ledger and the electronic liability register is credited accordingly.

For any amount deducted under section 51, or the amount collected under section 52, or the amount payable on reverse charge basis, or the amount payable under section 10 any amount payable towards interest, penalty, fee or any other amount under the Act is paid by debiting the electronic cash ledger maintained and the electronic liability register is credited accordingly.

For any amount of demand debited in the electronic liability register would be reduced to the extent of relief given by the appellate authority or Appellate Tribunal or court and the electronic tax liability register would be credited accordingly. In case of an amount of penalty imposed or liable to be imposed would stand reduced partly or fully, as the case may be, if the taxpayer makes the payment of tax, interest and penalty specified in the show cause notice or demand order and the electronic liability register would be credited accordingly.

Calculating GST Payment Due

The GST payment due in any month can be readily viewed on the GST Common Platform dashboard after filing of GSTR-3, the GST Monthly Return. GSTR-3 or Monthly Return is due on the 20th of each month. Prior to filing GSTR-3, the taxpayer must have filed GSTR-1 and GSTR-2 on the 10th and 15th of each month, respectively.

Step 1: Access the GST Monthly Return or GSTR-3 Summary Page

Access GSTR-3 Dashboard
Access GSTR-3 Dashboard

Step 2: The details of all outward supplies can be viewed in the GSTR-3 Outward Supplies summary page

GST Outward Supplies Summary
GST Outward Supplies Summary

 

Step 3: The total tax credit or details or inward supplies can be viewed by accessing the GSTR-3 Inward Supplies Summary

GST Input Tax Credit Summary
GST Input Tax Credit Summary

Step 4: View the total GST tax payment due

GST Total Liability
GST Total Liability

 

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GST Exemption List – For Services

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GST Exemption List – For Services

In the GST Council meeting held on 19th May, 2017, the GST rates and GST exemption list for services was decided. The GST Council approved five broad GST rate categories for services like goods at 0%, 5%, 12%, 18% and 28%. In this article, we look at the GST Exemption List for Services.

List of Exempted Services Under GST

  1. Services by Government or a local authority excluding the following services:
    1. Services by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than Government;
    2. Services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport;
    3. Transport of goods or passengers; or
    4. Any service, other than services covered under clauses (i) to (iii) above, provided to business entities.
  2. Services by the Reserve Bank of India
  3. Services by a foreign diplomatic mission located in India
  4. Services relating to cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products or agricultural produce by way of:
    1. Agricultural operations directly related to production of any agricultural produce including cultivation, harvesting, threshing, plant protection or testing or
    2. Supply of farm labour;
    3. Processes carried out at an agricultural farm including tending, pruning, cutting, harvesting, drying, cleaning, trimming, sun drying, fumigating, curing, sorting, grading, cooling or bulk packaging and such like operations which do not alter the essential characteristics of agricultural produce but make it only marketable for the primary market;
    4. Renting or leasing of agro machinery or vacant land with or without a structure incidental to its use;
    5. Loading, unloading, packing, storage or warehousing of agricultural produce;
    6. Agricultural extension services;
    7. Services by any Agricultural Produce Marketing Committee or Board or services provided by a commission agent for sale or purchase of agricultural produce.
  5. Service by way of access to a road or a bridge on payment of toll charges
  6. Transmission or distribution of electricity by an electricity transmission or distribution utility
  7. Services by way of renting of residential dwelling for use as residence
  8. Services by way of:
    1. Extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount (other than interest involved in credit card services);
    2. Inter se sale or purchase of foreign currency amongst banks or authorised dealers of foreign exchange or amongst banks and such dealers;
  9. Services by way of transportation of goods
    1. By road except the services of:
      1. A goods transportation agency;
      2. A courier agency;
    2. By inland waterways;
  10. Services provided to the United Nations or a specified international organization.
  11. Services provided by operators of the Common Bio-medical Waste Treatment Facility to a clinical establishment by way of treatment or disposal of bio-medical waste or the processes incidental thereto;
  12. Services by a veterinary clinic in relation to health care of animals or birds;
  13. Services by an entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961) by way of charitable activities;
  14. Services by a specified organisation in respect of a religious pilgrimage facilitated by the Ministry of External Affairs of the Government of India, under bilateral arrangement;
  15. Services provided by:
    1. An arbitral tribunal to
      1. Any person other than a business entity; or
      2. A business entity with a turnover up to rupees twenty lakh (ten lakh rupees in a special category state) in the preceding financial year;
    2. A partnership firm of advocates or an individual as an advocate other than a senior advocate, by way of legal services to-
      1. An advocate or partnership firm of advocates providing legal services;
      2. Any person other than a business entity; or
      3. A business entity with a turnover up to rupees twenty lakh (ten lakh rupees in a special category state) in the preceding financial year; or
    3. A senior advocate by way of legal services to
      1. Any person other than a business entity; or
      2. A business entity up to rupees twenty lakh (ten lakh rupees in a special category state) in the preceding financial year;
  16. Services provided,
    1. By an educational institution to its students, faculty and staff;
    2. To an educational institution, by way of,
      1. Transportation of students, faculty and staff;
      2. Catering, including any mid-day meals scheme sponsored by the Government;
      3. Security or cleaning or house-keeping services performed in such educational institution;
      4. Services relating to admission to, or conduct of examination by, such institution; upto higher secondary.
  17. Services provided by the Indian Institutes of Management, as per the guidelines of the Central Government, to their students, by way of the following educational programmes, except Executive Development Programme, –
    1. Two year full time residential Post Graduate Programmes in Management for the Post Graduate Diploma in Management, to which admissions are made on the basis of Common Admission Test (CAT), conducted by Indian Institute of Management;
    2. Fellow programme in Management;
    3. Five year integrated programme in Management.
  18. Services provided to a recognized sports body by-
    1. An individual as a player, referee, umpire, coach or team manager for participation in a sporting event organized by a recognized sports body;
    2. Another recognised sports body;
  19. Services by an artist by way of a performance in folk or classical art forms of (i) music, or (ii)dance, or (iii)theatre, if the consideration charged for such performance is not more than one lakh and fifty thousand rupees: Provided that the exemption shall not apply to service provided by such artist as a brand ambassador;
  20. Services by way of collecting or providing news by an independent journalist, Press Trust of India or United News of India;
    1. Services by way of giving on hire –
      To a state transport undertaking, a motor vehicle meant to carry more than twelve passengers; or
    2. To a goods transport agency, a means of transportation of goods;
  21. Services by way of giving on hire –
    1. To a state transport undertaking, a motor vehicle meant to carry more than twelve passengers; or
    2. To a goods transport agency, a means of transportation of goods;
  22. Transport of passengers, with or without accompanied belongings, by –
    1. Air, embarking from or terminating in an airport located in the state of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, or Tripura or at Bagdogra located in West Bengal;
    2. Non-airconditioned contract carriage other than radio taxi, for transportation of passengers, excluding tourism, conducted tour, charter or hire; or
    3. Stage carriage other than air-conditioned stage carriage
  23. Services of life insurance business provided by way of annuity under the National Pension System regulated by Pension Fund Regulatory and Development Authority of India (PFRDA) under the Pension Fund Regulatory And Development Authority Act, 2013 (23 of 2013)
  24. Services of life insurance business provided or agreed to be provided by the Army, Naval and Air Force Group Insurance Funds to members of the Army, Navy and Air Force, respectively, under the Group Insurance Schemes of the Central Government
  25. Services provided by an incubatee up to a total turnover of fifty lakh rupees in a financial year subject to the following conditions, namely:-
    1. The total turnover had not exceeded fifty lakh rupees during the preceding financial year; and
    2. A period of three years has not been elapsed from the date of entering into an agreement as an incubatee;
  26. Service by an unincorporated body or a non- profit entity registered under any law for the time being in force, to its own members by way of reimbursement of charges or share of contribution –
    1. As a trade union;
    2. For the provision of carrying out any activity which is exempt from the levy of GST; or
    3. Up to an amount of five thousand rupees per month per member for sourcing of goods or services from a third person for the common use of its members in a housing society or a residential complex;
  27. Services by an organiser to any person in respect of a business exhibition held outside India;
  28. Services by way of slaughtering of animals;
  29. Services received from a provider of service located in a non- taxable territory by –
    1. Government, a local authority, a governmental authority or an individual in relation to any purpose other than commerce, industry or any other business or profession;
    2. An entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961) for the purposes of providing charitable activities; or
    3. A person located in a non-taxable territory;
      Provided that the exemption shall not apply to – (i) online information and database access or retrieval services received by persons or services by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India;
  30. Services of public libraries by way of lending of books, publications or any other knowledge-enhancing content or material;
  31. Services by Employees’ State Insurance Corporation to persons governed under the Employees’ Insurance Act, 1948 (34 of 1948);
  32. Services by way of transfer of a going concern, as a whole or an independent part thereof;
  33. Services by way of public conveniences such as provision of facilities of bathroom, washrooms, lavatories, urinal or toilets;
  34. Services by government, local authority or governmental authority by way of any activity in relation to any function entrusted to a municipality under Article 243 W of the Constitution.
  35. Services received by the Reserve Bank of India, from outside India in relation to management of foreign exchange reserves;
  36. Services provided by a tour operator to a foreign tourist in relation to a tour conducted wholly outside India.
  37. Services by way of pre-conditioning, pre-cooling, ripening, waxing, retail packing, labelling of fruits and vegetables which do not change or alter the essential characteristics of the said fruits or vegetables;
  38. Services by way of admission to a museum, national park, wildlife sanctuary, tiger reserve or zoo;
  39. Services provided by Government or a local authority to a business entity with a turnover up to rupees twenty lakh (ten lakh rupees in a special category state) in the preceding financial year.
  40. Services provided by Employees Provident Fund Organisation (EPFO) to persons governed under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952);
  41. Services provided by Insurance Regulatory and Development Authority of India (IRDA) to insurers under the Insurance Regulatory and Development Authority of India Act, 1999 (41 of 1999);
  42. Services provided by Securities and Exchange Board of India (SEBI) set up under the Securities and Exchange Board of India Act, 1992 (15 of 1992) by way of protecting the interests of investors in securities and to promote the development of, and to regulate, the securities market;
  43. Services provided by National Centre for Cold Chain Development under Ministry of Agriculture, Cooperation and Farmer’s Welfare by way of cold chain knowledge dissemination;
  44. Services by way of transportation of goods by an aircraft from a place outside India upto the customs station of clearance in India.
  45. Services provided by Government or a local authority to another Government or local authority:
  46. Services provided by Government or a local authority by way of issuance of passport, visa, driving licence, birth certificate or death certificate.
  47. Services provided by Government or a local authority by way of tolerating non-performance of a contract for which consideration in the form of fines or liquidated damages is payable to the Government or the local authority under such contract;
  48. Services provided by Government or a local authority by way of-
    1. Registration required under any law for the time being in force;
    2. Testing, calibration, safety check or certification relating to protection or safety of workers, consumers or public at large, including fire license, required under any law for the time being in force;
  49. Services provided by Government or a local authority by way of assignment of right to use natural resources to an individual farmer for cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products;
  50. Services by Government, a local authority or a governmental authority by way of any activity in relation to any function entrusted to a Panchayat;
  51. Services provided by Government or a local authority by way of assignment of right to use any natural resource where such right to use was assigned by the Government or the local authority before the 1st April, 2016: Provided that the exemption shall apply only to service tax payable on one time charge payable, in full upfront or in installments, for assignment of right to use such natural resource;
  52. Services provided by Government or a local authority by way of allowing a business entity to operate as a telecom service provider or use radio frequency spectrum during the period prior to 1st April, 2016, on payment of licence fee or spectrum user charges, as the case may be;
  53. Services provided by Government by way of deputing officers after office hours or on holidays for inspection or container stuffing or such other duties in relation to import export cargo on payment of Merchant Overtime charges (MOT).
  54. Services by an acquiring bank, to any person in relation to settlement of an amount upto two thousand rupees in a single transaction transacted through credit card, debit card, charge card or other payment card service.
  55. Services of leasing of assets (rolling stock assets including wagons, coaches, locos) by Indian Railways Finance Corporation to Indian Railways
  56. Services provided by any person for official use of a foreign diplomatic mission or consular post in India or for personal use or for the use of the family members of diplomatic agents or career consular officers posed therein. This exemption is available on reciprocal basis based on a certificate issued by MEA;
  57. Taxable services, provided or to be provided, by a Technology Business Incubator (TBI) or a Science and Technology Entrepreneurship Park (STEP) recognized by the National Science and Technology Entrepreneurship Development Board (NSTEDB) of the Department of Science and Technology, Government of India or bio-incubators recognized by the Biotechnology Industry Research Assistance Council, under Department of Biotechnology, Government of India;
  58. Taxable service provided by State Government Industrial Development Corporations/ Undertakings to industrial units by way of granting long term (thirty years, or more) lease of industrial plots from so much of tax leviable thereon, as is leviable on the one time upfront amount (called as premium, salami, cost, price, development charges or by any other name) payable for such lease.
  59. Services provided to the government by way of transport of passengers with or without accompanied belongings, by air, embarking from or terminating at a regional connectivity scheme airport, against consideration in the form of viability gap funding (VGF). Provided that nothing contained in this entry shall apply on or after the expiry of a period of 1 year from the date of commencement of operations of the regional connectivity scheme airport as notified by the Ministry of Civil Aviation
  60. Services provided by cord blood banks by way of preservation of stem cells or any other service in relation to such preservation;
  61. Services by way of training or coaching in recreational activities relating to,
    1. Arts or culture. or
    2. Sports by charitable entities registered under section 12AA of Income tax Act, 1961;
  62. Any services provided by:
    1. The National Skill Development Corporation set up by the Government of India;
    2. A Sector Skill Council approved by the National Skill Development Corporation;
    3. An assessment agency approved by the Sector Skill Council or the National Skill Development Corporation;
    4. A training partner approved by the National Skill Development Corporation or the Sector Skill Service Tax Exemptions to be continued in GST as decided by GST Council in relation to
      1. The National Skill Development Programme implemented by the National Skill Development Corporation; or
      2. A vocational skill development course under the National Skill Certification and Monetary Reward Scheme; or
      3. Any other Scheme implemented by the National Skill Development Corporation.
  63. Services of assessing bodies empanelled centrally by Directorate General of Training, Ministry of Skill Development and Entrepreneurship by way of assessments under Skill Development Initiative (SDI) Scheme;
  64. Services provided by training providers (Project implementation agencies) under Deen Dayal Upadhyaya Grameen Kaushalya Yojana under the Ministry of Rural Development by way of offering skill or vocational training courses certified by National Council For Vocational Training.
  65. Services by way of sponsorship of sporting events organised:
    1. By a national sports federation, or its affiliated federations, where the participating teams or individuals represent any district, State, zone or Country;
    2. By Association of Indian Universities, Inter-University Sports Board, School Games Federation of India, All India Sports Council for the Deaf, Paralympic Committee of India or Special Olympics Bharat;
    3. By Central Civil Services Cultural and Sports Board;
    4. As part of national games, by Indian Olympic Association; or
    5. Under Panchayat Yuva Kreeda Aur Khel Abhiyaan (PYKKA) Scheme;
  66. Services provided by way of pure labour contracts of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of a civil structure or any other original works pertaining to the Beneficiary-led individual house construction / enhancement under the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana (PMAY);
  67. Services by way of pure labour contracts of construction, erection, commissioning, or installation of original works pertaining to a single residential unit otherwise than as a part of a residential complex;
  68. Services of general insurance business provided under following schemes:
    1. Hut Insurance Scheme;
    2. Cattle Insurance under Swarnajaynti Gram Swarozgar Yojna (earlier known as Integrated Rural Development Programme);
    3. Scheme for Insurance of Tribals;
    4. Janata Personal Accident Policy and Gramin Accident Policy;
    5. Group Personal Accident Policy for Self-Employed Women;
    6. Agricultural Pumpset and Failed Well Insurance;
    7. Premia collected on export credit insurance;
    8. Weather Based Crop Insurance Scheme or the Modified National Agricultural Insurance Scheme, approved by the Government of India and implemented by the Ministry of Agriculture;
    9. Jan Arogya Bima Policy;
    10. National Agricultural Insurance Scheme (Rashtriya Krishi Bima Yojana);
    11. Pilot Scheme on Seed Crop Insurance;
    12. Central Sector Scheme on Cattle Insurance;
    13. Universal Health Insurance Scheme;
    14. Rashtriya Swasthya Bima Yojana; or
    15. Coconut Palm Insurance Scheme;
    16. Pradhan Mantri Suraksha BimaYojna;
    17. Niramaya Health Insurance Scheme implemented by Trust constituted under the provisions of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999); or
    18. Any other insurance scheme of the State Government as may be notified by Government of India on the recommendation of GSTC.
  69. Services of life insurance business provided under following schemes:
    1. Janashree Bima Yojana (JBY); or
    2. Aam Aadmi Bima Yojana (AABY);
    3. Life micro-insurance product as approved by the Insurance Regulatory and Development Authority, having maximum amount of cover of fifty thousand rupees;
    4. Varishtha Pension BimaYojana;
    5. Pradhan Mantri Jeevan JyotiBimaYojana;
    6. Pradhan Mantri Jan DhanYogana;
    7. Pradhan Mantri Vaya Vandan Yojana; and
    8. Any other insurance scheme of the State Government as may be notified by Government of India on the recommendation of GSTC.
  70. Services by way of collection of contribution under Atal Pension Yojana (APY).
  71. Services by way of collection of contribution under any pension scheme of the State Governments.
  72. Service of transportation of passengers, with or without accompanied belongings, by:
    1. Railways in a class other than:
      1. First class; or
      2. An air-conditioned coach;
    2. Metro, monorail or tramway;
    3. Inland waterways;
    4. Public transport, other than predominantly for tourism purpose, in a vessel between places located in India; and
    5. Metered cabs or auto rickshaws (including E-rickshaws);
  73. Services by a person by way of:
    1. Conduct of any religious ceremony;
    2. Renting of precincts of a religious place meant for general public, owned or managed by an entity registered as a charitable or religious trust under section 12AA of the Income-tax Act, 1961
    3. Provided that nothing contained in this exemption shall apply to:
      1. Renting of rooms where charges are Rs 1000/- or more per day;
      2. Renting of premises, community halls, kalyanmandapam or open area, etc where charges are Rs 10,000/- or more per day;
      3. Renting of shops or other spaces for business or commerce where charges are Rs 10,000/-or more per month.
  74. Services by a hotel, inn, guest house, club or campsite, by whatever name called, for residential or lodging purposes, having declared tariff of a unit of accommodation less than one thousand rupees per day or equivalent;
  75. Services by way of transportation by rail or a vessel from one place in India to another of the following goods:
    1. Relief materials meant for victims of natural or man-made disasters, calamities, accidents or mishap;
    2. Defence or military equipments;
    3. Newspaper or magazines registered with the Registrar of Newspapers;
    4. Railway equipments or materials;
    5. Agricultural produce;
    6. Milk, salt and food grain including flours, pulses and rice; and
    7. Organic manure
  76. Services provided by a goods transport agency, by way of transport in a goods carriage of:
    1. Agricultural produce;
    2. Goods, where gross amount charged for the transportation of goods on a consignment transported in a single carriage does not exceed one thousand five hundred rupees;
    3. Goods, where gross amount charged for transportation of all such goods for a single consignee does not exceed rupees seven hundred fifty;
    4. Milk, salt and food grain including flour, pulses and rice;
    5. organic manure;
    6. Newspaper or magazines registered with the Registrar of Newspapers;
    7. Relief materials meant for victims of natural or man-made disasters, calamities, accidents or mishap; or
    8. Defence or military equipment’s;
  77. Services by the following persons in respective capacities –
    1. Business facilitator or a business correspondent to a banking company with respect to accounts in its rural area branch;
    2. Any person as an intermediary to a business facilitator or a business correspondent;
    3. Business facilitator or a business correspondent to an insurance company in a rural area;
  78. Carrying out an intermediate production process as job work in relation to cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products or agricultural produce;
  79. Services by way of loading, unloading, packing, storage or warehousing of rice;
  80. Services by way of right to admission to the following and where the consideration for admission is not more than Rs 250 per person
    1. Circus, dance, or theatrical performance including drama or ballet;
    2. Award function, concert, pageant, musical performance or any sporting event other than a recognized sporting event;
    3. Recognised sporting event;
  81. Services provided by Government or a local authority where the gross amount charged for such services does not exceed Rs.5000.
  82. Health care services by a clinical establishment, an authorised medical practitioner or para-medics; Services provided by way of transportation of a patient in an ambulance;
  83. Services provided by the Goods and Services Tax Network (GSTN) to the Central Government or State Governments/Union Territories for implementation of Goods and Services Tax (GST)

Know more about GST in India through the IndiaFilings GST Portal

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Procedure for Issuing Receipt under GST

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Procedure for Issuing Receipt under GST

A receipt is a written acknowledgment of having received a specified amount of money or goods. However, the term issuing receipt mostly pertains to issuing a written acknowledgment on having received a specified amount of money, sometime before the issue of invoice. In this article, we look at the procedure for issuing receipt under GST in detail.

Receipt Format under GST

The procedure for issuing invoice, receipt, credit and debit notes is laid out in the GST Rules. As per the GST Rules, a receipt must contain the following information:

  • Name, address and GSTIN of the supplier;
  • A consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters -hyphen or dash and slash symbolised as “-” and “/”respectively, and any combination thereof, unique for a financial year;
  • Date of its issue;
  • Name, address and GSTIN or UIN, if the recipient is registered;
  • Description of goods or services to be delivered;
  • Amount of advance taken;
  • Rate of tax (central tax, State tax, integrated tax, Union territory tax or cess);
  • Amount of tax charged in respect of taxable goods or services (central tax, State tax, integrated tax, Union territory tax or cess);
  • Place of supply along with the name of State and its code, in case of a supply in the course of inter-State trade or commerce;
  • Whether the tax is payable on reverse charge basis; and
  • Signature or digital signature of the supplier or his authorized representative.

GST Taxes on Receipt

The issuer of invoice is required to ascertain the amount of GST taxes payable on the transaction, collect and remit the same with the Government. If in any case, the rate of tax is not determinable, the tax should be paid at the rate of eighteen per cent. In case the place of supply is not determinable, the transaction should be treated as inter-State supply.

Learn about various aspects of GST in India.

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HSN Code for GST- Harmonized System Nomenclature

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HSN Code GST – Harmonized System Nomenclature

HSN code or Harmonized System Nomenclature code number is an internationally adopted commodity description and coding system developed by the World Customs Organization (WCO).  HSN code is used by more than 200 countries as a basis for their customs tariffs. Currently over 98 % of the merchandise in international trade is classified under HSN code With the HSN code acting as an universal classification for goods, the Indian Government has decided to adopt the use of HSN code for classification of goods under GST and levy of GST.

GST HSN Code

Under GST, all goods transacted in India under the purview of GST is classified under each of the HSN code and an appropriate GST rate is fixed for the HSN Code. GST rates have been fixed in five slabs, namely NIL, 5%, 12%, 18% and 28%.

The HSN Code system comprises of about 5,000 commodity groups and each of the group is identified by a six digit code, arranged in a logical structure to achieve uniform classification.

HSN Code – 2017 Edition

The HSN Code 2017 Edition is the current valid version applied in international trade transactions. Prior to the implementation of the HSN Code- 2017 Edition, HSN Code – 2012 Edition was applied in all international trade transactions. The HSN Codes are first classified into sections, chapters,  contains the six-digit codes of the Harmonized System. To look up a HSN code you can use the HSN code finder from IndiaFilings or drill-down from Section to Chapter to the HSN Code.

 

 Chapters   Headings
SECTION I: LIVE ANIMALS; ANIMAL PRODUCTS
1 Live animals.
2 Meat and edible meat offal.
3 Fish and crustaceans, molluscs and other aquatic invertebrates.
4 Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included.
5 Products of animal origin, not elsewhere specified or included.
SECTION II: VEGETABLE PRODUCTS
6 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage.
7 Edible vegetables and certain roots and tubers.
8 Edible fruit and nuts; peel of citrus fruit or melons.
9 Coffee, tea, maté and spices.
10 Cereals.
11 Products of the milling industry; malt; starches; inulin; wheat gluten.
12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder.
13 Lac; gums, resins and other vegetable saps and extracts.
14 Vegetable plaiting materials; vegetable products not elsewhere specified or included.
SECTION III: ANIMAL OR VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES
15 Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes.
SECTION IV: PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR; TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES
16 Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates.
17 Sugars and sugar confectionery.
18 Cocoa and cocoa preparations.
19 Preparations of cereals, flour, starch or milk; pastrycooks’ products.
20 Preparations of vegetables, fruit, nuts or other parts of plants.
21 Miscellaneous edible preparations.
22 Beverages, spirits and vinegar.
23 Residues and waste from the food industries; prepared animal fodder.
24 Tobacco and manufactured tobacco substitutes.
SECTION V: MINERAL PRODUCTS
25 Salt; sulphur; earths and stone; plastering materials, lime and cement.
26 Ores, slag and ash.
27 Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes.
SECTION VI: PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES
28 Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes.
29 Organic chemicals.
30 Pharmaceutical products.
31 Fertilisers.
32 Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks.
33 Essential oils and resinoids; perfumery, cosmetic or toilet preparations.
34 Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, “dental waxes” and dental preparations with a basis of plaster.
35 Albuminoidal substances; modified starches; glues; enzymes.
36 Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations.
37 Photographic or cinematographic goods.
38 Miscellaneous chemical products.
SECTION VII: PLASTICS AND ARTICLES THEREOF; RUBBER AND ARTICLES THEREOF 
39 Plastics and articles thereof.
40 Rubber and articles thereof.
SECTION VIII: RAW HIDES AND SKINS, LEATHER, FURSKINS AND ARTICLES THEREOF; SADDLERY AND HARNESS; TRAVEL GOODS, HANDBAGS AND SIMILAR CONTAINERS; ARTICLES OF ANIMAL GUT (OTHER THAN SILK-WORM GUT)
41 Raw hides and skins (other than furskins) and leather.
42 Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk-worm gut).
43 Furskins and artificial fur; manufactures thereof.
SECTION IX: WOOD AND ARTICLES OF WOOD; WOOD CHARCOAL; CORK AND ARTICLES OF CORK; MANUFACTURES OF STRAW, OF ESPARTO OR OF OTHER PLAITING MATERIALS; BASKETWARE AND WICKERWORK
44 Wood and articles of wood; wood charcoal.
45 Cork and articles of cork.
46 Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork.
SECTION X: PULP OF WOOD OR OF OTHER FIBROUS CELLULOSIC MATERIAL; RECOVERED (WASTE AND SCRAP) PAPER OR PAPERBOARD; PAPER AND PAPERBOARD AND ARTICLES THEREOF
47 Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard.
48 Paper and paperboard; articles of paper pulp, of paper or of paperboard.
49 Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans.
SECTION XI: TEXTILES AND TEXTILE ARTICLES
50 Silk.
51 Wool, fine or coarse animal hair; horsehair yarn and woven fabric.
52 Cotton.
53 Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn.
54 Man-made filaments.
55 Man-made staple fibres.
56 Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof.
57 Carpets and other textile floor coverings.
58 Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery.
59 Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use.
60 Knitted or crocheted fabrics.
61 Articles of apparel and clothing accessories, knitted or crocheted.
62 Articles of apparel and clothing accessories, not knitted or crocheted.
63 Other made up textile articles; sets; worn clothing and worn textile articles; rags.
SECTION XII: FOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS, WALKING-STICKS, SEAT-STICKS, WHIPS, RIDING-CROPS AND PARTS THEREOF; PREPARED FEATHERS AND ARTICLES MADE THEREWITH; ARTIFICIAL FLOWERS; ARTICLES OF HUMAN HAIR
64 Footwear, gaiters and the like; parts of such articles.
65 Headgear and parts thereof.
66 Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and parts thereof.
67 Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair.
SECTION XIII: ARTICLES OF STONE, PLASTER, CEMENT, ASBESTOS, MICA OR SIMILAR MATERIALS; CERAMIC PRODUCTS; GLASS AND GLASSWARE
68 Articles of stone, plaster, cement, asbestos, mica or similar materials.
69 Ceramic products.
70 Glass and glassware.
SECTION XIV: NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI-PRECIOUS STONES, PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL AND ARTICLES THEREOF; IMITATION JEWELLERY; COIN
71 Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal and articles thereof; imitation jewellery; coin.
SECTION XV: BASE METALS AND ARTICLES OF BASE METAL
72 Iron and steel.
73 Articles of iron or steel.
74 Copper and articles thereof.
75 Nickel and articles thereof.
76 Aluminium and articles thereof.
77 ( Reserved for possible future use in the Harmonized System)
78 Lead and articles thereof.
79 Zinc and articles thereof.
80 Tin and articles thereof.
81 Other base metals; cermets; articles thereof.
82 Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal.
83 Miscellaneous articles of base metal.
SECTION XVI: MACHINERY AND MECHANICAL APPLIANCES; ELECTRICAL EQUIPMENT; PARTS THEREOF; SOUND RECORDERS AND REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS AND REPRODUCERS, AND PARTS AND ACCESSORIES OF SUCH ARTICLES
84 Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof.
85 Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles.
SECTION XVII: VEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED TRANSPORT EQUIPMENT  
86 Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds.
87 Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof.
88 Aircraft, spacecraft, and parts thereof.
89 Ships, boats and floating structures.
SECTION XVIII: OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING, CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; CLOCKS AND WATCHES; MUSICAL INSTRUMENTS; PARTS AND ACCESSORIES THEREOF  
90 Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof.
91 Clocks and watches and parts thereof.
92 Musical instruments; parts and accessories of such articles.
SECTION XIX: ARMS AND AMMUNITION; PARTS AND ACCESSORIES THEREOF
93 Arms and ammunition; parts and accessories thereof.
SECTION XX: MISCELLANEOUS MANUFACTURED ARTICLES
94 Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings.
95 Toys, games and sports requisites; parts and accessories thereof.
96 Miscellaneous manufactured articles.
SECTION XXI: WORKS OF ART, COLLECTORS’ PIECES AND ANTIQUES 
97 Works of art, collectors’ pieces and antiques.

 

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Revised Tax Invoice under GST

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Revised Tax Invoice under GST

A tax invoice issued by a supplier of goods or services under GST must conform to the rules laid out for issuing an invoice. After an invoice is issued, there might be a requirement to revise or modify the invoice due to various reasons. In such cases, the rules laid out in the GST Act for revising an invoice must be followed. In this article, we look at the procedure for revising a GST invoice.

GST Revised Invoice Format

All revised tax invoices under GST must contain the following particulars:

  • The word “REVISED INVOICE”, indicated prominently on the invoice.
  • Name, address and GSTIN of the Supplier;
  • Nature of the document;
  • Consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters -hyphen or dash and slash symbolised as “-” and “/”respectively, and any combination thereof, unique for a financial year;
  • Date of issue of the invoice;
  • Name, address and GSTIN or UIN, if registered, of the recipient;
  • 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;
  • Serial number and date of the corresponding tax invoice or, as the case may be, bill of supply;
  • 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;
  • Signature or digital signature of the supplier or his authorized representative.

Supplementary Tax Invoice

According to the GST Act, when a tax invoice has been issued for supply of any goods or services and the taxable value or tax charged in that tax invoice is less than the taxable value or tax payable for the supply, then the taxpayer can issue a debit note. The word debit note includes supplementary invoice, in case of the GST Act.

The details of the debit note or supplementary invoice issued in such circumstances should then be included in the return for the month during which such debit note has been issued and the tax liability should be adjusted, subject to the rules.

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Records to be Maintained under GST

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Records to be Maintained under GST

GST Laws in India mandate that all registered persons under GST maintain records and accounts in a specified manner. In this article, we look at the list of records to be maintained under GST in detail.

Place of Business

Under GST, the “place of business” includes:

  • A place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or
  • A place where a taxable person maintains his books of account; or
  • A place where a taxable person is engaged in business through an agent, by whatever name called;

Under GST, all registered taxpayers are required to maintain certain documents at their place of business.

Documents to be Maintained

Under GST, all registered taxpayers are required to maintain the following accounts and records at the principal place of business:

  • Details of production or manufacture of goods;
  • Details of nward and outward supply of goods or services or both;
  • Stock of goods;
  • Input tax credit availed;
  • Output tax payable and paid;
  • Any other particulars as may be prescribed:

In case of more than one place of business, then the accounts relating to each of the place of business must be kept at that place of business. Accounts and records under GST can be kept in both electronic or book format.

Mandatory Documents Maintenance Requirement

All transporters and owners or operators of ware house or godown or any other place used for storage of goods are required to maintain records of the consigner, consignee and other details of the goods held / transported by them, whether the person is registered or not.

How Long Accounts Have to be Maintained under GST?

All registered taxpayers are required to maintain the book of accounts and other records for a period of 6 years from the due date of filing of annual return for the year. In case the taxpayer is involved in an appeal or revision or any other proceedings before any Appellate Authority or Revisional Authority or Appellate Tribunal or court, then all the accounts and books must be maintained for a period of one year after final disposal of such appeal or revision or proceedings or investigation, or for 6 years, whichever is later.

To know more about GST in India, visit the IndiaFilings GST Portal

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Guide to CGST, SGST and IGST

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Guide to CGST, SGST and IGST

GST is a destination tax, meaning the tax base will shift from origin to consumption. Hence, the imports or end-use will be liable to tax and exports or production will be relieved of the burden of tax. Under the present regulation, on a taxable event, there could be multiple tax liabilities like central excise, in case of manufacturing, service tax in case of sale of service and State VAT in case of sale of goods. Under GST, there would be a shift from multiple taxes to a single taxable event.

Inter-State vs Intra-State

To understand the concepts of CGST, SGST and IGST, it is first important to understand the concept of inter-state vs intra state supply of goods and service, under GST. As in every taxable transaction, it is important to distinguish between inter-state vs intra-state supply to determine if CGST or SGST or IGST would be applicable.

To determine if a supply is inter-state or intra-state, the location of the supplier and the place of supply must first be determined.

Inter-State Supply

An inter-state supply of goods or service is one where the location of supplier of goods/service and place of supply are in different states. In addition, supply of goods or service to or by an SEZ developer or SEZ unit, supply in the course of import of goods or service, supply when supplier is located in India and the place of supply is located outside India (export) and any other supply not covered under intra-state is treated as inter-state supply.

Intra-State Supply

An intra-state supply of goods or service is when the place of supply is in the same state as the location of the supplier. Intra-state supply does not include supply of goods/service to SEZ units or developers, imports or exports.

How GST is Levied?

GST would be levied by both, the Central Government and the State Government, on supply of goods and/or services. The power to tax on supply of goods and services would also be vested in the hands of both, the State and Central Government. However, in case of inter-state supply, the power to tax would be vested with the Central Government, while the revenue of the final transaction would be transferred to the State and the Union similar to intra-state transaction. The following model shows how GST is levied in India broadly:

Illustration- How GST is Levied?
Illustration- How GST is Levied?

Meaning of CGST or Central GST

Central GST or CGST would be levied under the CGST Act on the intra-state supplies of goods and services. Hence in case of intra-state supplies of goods and services, both the Central and State government would combine their levies with an appropriate revenue sharing agreement between them. The power to levy CGST and SGST has been provided for in Section 8 of the GST Act, where it has been mentioned that:

The following taxes shall be levied on all intra-state supplies of goods, or services or both, at such rates specified in the Schedule to the said Act on the recommendation of the Council, but not exceeding 14%, each. Such CGST and SGST is to be paid by a taxable person.

Highlights of CGST

  • CGST is applicable on both, goods and services.
  • CGST is levied by the Central Government through a separate statute on all transactions of goods and services made for a consideration.
  • Proceeds would be shared between the Central and State Government.

Meaning of SGST or State GST

State GST or SGST is a tax levied under the SGST Act on intra-state supplies of goods and services, that is administered by the respective State Government. SGST lability can be set off against SGST or IGST input tax credit only.

Highlights of SGST

  • SGST is levied by the State Governments through a statute on all transactions of supply of goods and services.
  • SGST would be paid to the accounts of the respective State Government.

Meaning of IGST or Integrated GST

Integrated GST or IGST is the tax levied under the IGST Act on the supply of any goods and/or services in the course of inter-state trade across India. Further, IGST would include any supply of goods and/or services in the course of import into India and export of goods and/or services from India. IGST will replace the present Central State Tax which is levied on the inter-state sales of goods. Thus, IGST would be applicable for all inter-state transactions, import and export of goods and/or services.

Highlights of IGST

  • Central Government would levy and collect IGST instead of CGST or SGST.
  • Levied on inter-state supply of goods and/or services.
  • Includes import of goods and/or services.
  • Exports would be zero rated.
  • IGST would be shared between the Central and State Government.

Calculating CGST, SGST and IGST

The following illustrations shows the methodology for calculating CGST and SGST in case of intra-state supply:

Lets assume that an almond trader in Mumbai, Maharashtra supplies almonds worth Rs.1 lakh to a shop in Pune, Maharashtra and the rate of CGST is 6% and SGST is 6%. In such a case, the almond trader would charge a CGST of Rs.6000 and SGST of Rs.6000 on the basic value of the product. The trader would then be required to deposit the CGST component into a Central Government account while the SGST portion into the account of the concerned State Government.

The following illustrations shows the methodology for calculating IGST in case of inter-state supply:

Lets assume that an almond trader in Mumbai, Maharashtra supplies almonds worth Rs.1 lakh to a shop in Chennai, Tamil Nadu and the rate of IGST is 12%. In such a case, the almond trader would charge a IGST of Rs.12000 on the basic value of the product. The trader would then be required to deposit the IGST component into a Central Government account.

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GST Input Tax Credit Guide

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GST Input Tax Credit Guide

GST is an indirect tax levied on goods and services based on the principle of value addition. Hence, the levy of tax is based on the value added at each stage of the supply chain till the product or service reaches the ultimate consumer. In such a tax system, to negate the cascading effect of the tax, there exists a means to set of taxes paid on procurement of raw materials, consumables, plant and machinery, equipment, services, etc., that are used for the manufacturing or supply of goods and services. This element used to offset the tax liability is called input tax credit. In this article, we look at the concept of Input Tax Credit under GST in detail.

What is Input Tax Credit?

Under GST, each person having a GST registration in the supply chain takes part in the process of controlling, collecting GST tax and remitting the amount collected. However, to avoid double taxation and cascading effect of tax, input tax credit is provided as a means to set off tax paid on procurement of raw materials, consumables, goods or services that was used in the manufacturing and supply and sale of goods or services. By using the input tax credit mechanism, businesses are able to achieve neutrality in the incidence of tax and ensure that such input tax element does not enter into the cost of production or cost of supply of goods and services.

Eligibility for Claiming Input Tax Credit

Input tax credit can be claimed only by a person having GST registration and based on proper documentation and filing of GSTR-2 returns. The following documentary requirements must be satisfied by a taxpayer for claiming input tax credit.

  • An invoice issued by the Supplier as per the GST Rules for Invoice; or
  • A debit note issued by a supplier; or
  • A bill of entry or any similar document; or
  • An ISD invoice or ISD credit note or any document issued by an Input Service Distributor.

In addition, the following conditions are also applicable for claiming input tax credit:

  • The taxpayer is in possession of a tax invoice or debit note issued by a registered supplier or other tax paying documents.
  • The taxpayer has received the goods and/or services.
  • The tax charged in respect of the supply has been actually paid to the account of the appropriate Government, in cash or through utilisation of  available input tax credit.
  • The taxpayer has filed the the necessary GST filings.

Goods & Services Not Eligible for Input Tax Credit

Under GST, input tax credit is not available in respect of the following goods or services:

  • Motor vehicles, except when they are supplied in the course of business or used for providing taxable services like:
    • Transportation of passengers
    • Transportation of goods
    • Providing training on driving, fling, navigating such vehicles
    • Further supply of such vehicles or conveyance
  • Supply of goods and/or services in relation to food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery except where such inward supply of goods or services of a particular category is used by a registered taxable person for making an outward taxable supply of the same category of service
  • Membership of a club, health and fitness centre
  • Rent a cab, life insurance, health insurance, except where it is statutorily obligatory for an employer to provide such services
  • Travel benefits extended to employees on vacation such as leave or home travel concession
  • Goods and/or services received by the principal in the construction of immovable property, other than plant and machinery except where it is an input service for supply of works contract service
  • Goods and services received by a taxable person for construction of an immovable property on his own account, other than plant and machinery, even when used in the furtherance of business
  • Goods and services on which tax has been paid under composition scheme
  • Goods and services used for personal consumption
  • Goods lost, stolen, written off or disposed by way of gift or free samples
  • Tax paid after detection of fraud, wilful misstatement or suppression
  • Tax paid for release of detained or seized goods
  • Tax paid for release of confiscated goods

Utilisation of CGST and SGST Input Tax Credit

The following illustration shows the preference for utilisation of GST Input Tax Credit:

GST Input Tax Credit Preference
GST Input Tax Credit Preference

The CGST and SGST input tax credit will be credited to the electronic credit ledger of the taxpayer, maintained by the GST Network. The amount of input tax credit in the electronic credit ledger can be used for payment of output tax payable under the GST Act. The amount of input tax credit on account of CGST must first be used for payment of CGST and the amount remaining, if any, can be utilised for payment of IGST. The amount of input tax credit on account of CGST on the electronic credit ledger cannot be utilised for payment of SGST.

Further, its important to note that only payment of output tax can be made by utilising the input tax credit. Any payment on account of penalty and interest is necessarily to be made out of the amount available in the electronic cash ledger of the taxpayer.

A simple guide to CGST, SGST and IGST, if you need to understand the difference.

A simple guide to electronic cash ledger and procedure for making GST payment.

Utilisation of IGST Input Tax Credit

The IGST input tax credit is also credited to the electronic cash ledger of the taxpayer, under the head IGST, maintained by the GST Network. The amount of input tax credit available on account of IGST must first be used towards payment of IGST and the remaining amount, if any, can be utilised for payment of CGST and SGST, in that order. Also, in case the taxpayer has any CGST input tax credit available on the account, it must be first utilised for payment of CGST and the amount remaining, if any, can be utilised for payment of IGST.

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IGST Exemption List

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IGST Exemption List

In the GST Council Meeting held on 18th and 19th May, 2017, the IGST exemption list was decided. Under GST regime Custom duty would prevail & CVD, SAD, CESS etc. shall be replaced by IGST which would be fully refundable. In this article, we look at goods, which are fully exempt from IGST.

Imports by Privileged Persons, Organizations, Authorities and Foreigners

 

The following goods imported by Privileged Persons, Organizations, Authorities and Foreigners are exempt from IGST, keeping in mind various multilateral and bilateral commitments.

  1. Goods imported by Diplomatic missions in India and their families, their personal and household effects, etc are exempted from import duties.
  2. All the equipments and consumable samples imported into India, by the Inspection Team of the Organization of Prohibition of Chemical Weapons, subject to the condition, inter alia, that such equipments shall be exported within six months of their import.
  3. Exemption to Pedagogic materials imported by educational institutions, etc. in pursuance of the Customs Convention on the temporary importation of pedagogic material, subject to the condition that the goods are re-exported within 6 months from the date of importation.
  4. Exemption to temporary import of Scientific equipments etc. by non-profit making scientific and educational institutions in pursuance of the Customs Convention on the temporary importation of scientific equipment, subject to the condition that the goods are re-exported within 6 months from the date of importation.
  5. Exemption to specified goods imported for display or use at specified event such as meetings, exhibition, fairs or similar show or display, etc. which is being held in public interest and is sponsored or approved by the GoI or the ITPO [Schedule II events] or events organised by other organisations [Schedule III events] subject to the condition, inter alia, that the goods are imported under ATA Carnet for temporary admission and the said goods are re-exported within a period of 6 months from the date of importation.
  6. Exemption to:
    • Foodstuffs, medicines, medical stores of perishable nature, clothing and blankets, imported by a charitable organization as free gift to it from abroad and meant for free distribution to the poor and the needy;
    • Goods imported by the Red Cross Society for purposes of relief to distressed persons;
    • Drugs, medicines and medical equipments required for the treatment of the victims of the Bhopal Gas Leak Disaster.
    • Goods imported by the Cooperative for Assistance and Relief Everywhere Incorporated (CARE) under the Agreement between the President of India and CARE. Supplies and equipments imported shall be reexported when no longer required for the purposes and cannot be sold to a third party;
    • Goods imported into India for relief and rehabilitation purposes, in accordance with the terms of any agreement in force between the GoI and any foreign Government. These goods cannot be sold or otherwise disposed of in India except with the prior approval or subject to conditions as may be prescribed by the GoI.
    • Articles of food and edible material supplied as free gifts to the GoI by the agencies approved by the UNO or the EEC.
    • Articles donated to the GoI for use of defence personnel or donated to the National Defence Fund and dispatched by the Indian Mission in the country where they were donated;
    • Goods gifted or supplied free of cost under a bilateral agreement between the GoI and a Foreign Government.
  7. Exemption to:
    • Samples in accordance with the International Convention to facilitate the importation of Commercial Samples and Advertising material drawn up at Geneva and dated the 7th day of November, 1952;
    • Price lists supplied free of charge in accordance with the Convention mentioned above;
    • Commercial samples upto Rs.3 lakh in value in case of gem and jewellery industry and Rs.1 lakh in case of any other industry, and not exceeding 50 units in number in a year, imported as personal baggage by bona fide commercial travellers or businessmen or imported by post or air;
    • Prototypes of engineering goods imported as samples for executing or for use in connection with securing export orders subject to mutilation / re-export;
    • Bonafide commercial samples and prototypes of value upto Rs.10,000 and supplied free of charge.
  8. Exemption to containers of durable nature subject to reexport within 6 months from the date of their importation.
  9. Exemption to:
    • Paper money;
    • Wool, woollen fabrics and woollen apparels received as gifts by the Indian Red Cross.
  10. Exemption to:
    • Fuel in the tanks of the aircrafts of an Indian Airline or of the Indian Air Force subject to the condition, inter alia, that the quantity of the said fuel is equal to the quantity of the same type of fuel which was taken out of India in the tanks of the aircrafts of the same Indian Airline or of the Indian Air Force, and on which the duty of Customs, or Central Excise had been paid; and the rate of duty of customs (including the additional duty leviable under the said section 3) or the rate of duty of Central Excise, as the case may be, leviable on such fuel is the same at the time of the arrivals and departures of such aircrafts;
    • Lubricating oil, imported in the engines of any aircraft registered in India or of any aircraft of the Indian Air Force;
    • Specified goods imported by the United Arab Airlines which will be carried on individual aircraft for use in hangars and which are flown back on the same aircraft;
    • Aircraft equipment, engines and spare parts imported by the Air India International or the Indian Airlines having been borrowed by the aforesaid airlines for fitment to their aircraft from foreign airlines outside India or from the foreign manufacturers of the prime equipment subject to the condition, that the said goods are being imported for fitment and re-export; and the said goods are re-exported within one month from the date of their importation into India.
  11. Exemption to printed ticket stocks, airway bills, any printed material which bears the insignia of the importing airline printed thereon including baggage tags, publicity material for distribution free of charge when imported into India by a designated airline.
  12. Exemption to specified goods, when imported into India for display or use at any specified event specified subject to the condition, inter alia, that the specified event is being held in public interest and is sponsored or approved by the Government of India or the India Trade Promotion Organization; and that the said goods are imported under an FICCI/TAITRA Carnet issued in accordance with the Agreement between the India-Taipei Association in Taipei and the Taipei Economic and Cultural Center in India on the FICCI/TAITRA Carnet for the Temporary Admission of Goods signed on 20th March, 2013 and the Carnet is guaranteed by the Federation IGST Exemptions/Concessions under GST [As per discussions in the GST Council Meeting held on 18th/19th May, 2017] of Indian Chamber of Commerce and Industry in India (hereinafter referred to as FICCI ).
  13. Exemption to goods imported by the Vice President of India on appointment or during his tenure of office:
    • Articles for personal use;
    • Food, drink, tobacco for consumption of VicePresident’s household
    • Articles for furnishing;
    • Motor cars for Vice-President’s use
  14. Exemption to foodstuffs and provisions (excluding fruit products, alcohol and tobacco) when imported into India by a person residing in India, not being a citizen of India subject to the condition, inter alia, that the CIF value of such goods imported in a year does not exceed Rs.1 lakh.
  15. Exemption to imports relating to defence and internal security forces.
    • Medals and decorations imported directly by the GoI in the Ministry of Defence.
    • Personal effects of the persons on duty out of India with the naval, military or air forces or with the Indian Navy or Central Para Military Forces if imported for delivery to the next of kin of such person if he dies or is wounded, is missing or is taken prisoner of war.
    • Bona fide gifts from donors abroad when imported for the maintenance of war graves by an institution subject to certification by the Ministry of Defence.
    • Imported stores purchased out of bonded stocks lying in a warehouse intended to be supplied free by the Government for the use of the crew of a ship of the Coast Guard Organization.
    • Goods imported for trial, demonstration or training before any authority under the MoD or MHA in the GoI subject to certification by MoD or MHA and subject to the condition that the goods are re-exported within a period of 2 years from the date of importation.
    • Goods imported by the National Technical Research Organization (NTRO). This exemption is valid till 31.12.2018.
  16. Exemption to:
    • Articles of foreign origin for repairs and return;
    • Theatrical equipment including costumes for use by a foreign theatrical company or dancing troupe and reexported thereafter;
    • Photographic, filming, sound-recording and radio equipments, raw films, video tapes and sound recording tapes imported in public interest and has been sponsored by the GoI and subject to certification by the Ministry of I&B and subsequent re-export;
    • Mountaineering equipments, materials, clothing, foodstuffs and provisions (excluding alcoholic drinks, cigarettes and tobacco), medical stores, imported by a mountaineering expedition and subject to re-export;
  17. Exemption to research equipments imported by:
    • Public funded research institutions or a university or an Indian Institute of Technology or Indian Institute of Science, Bangalore or Regional Engineering College, other than a hospital;
    • Research institutions, other than a hospital;
    • Departments and laboratories of the Central Government and State Government, other than a hospital;
    • Regional Cancer Center (Cancer Institute), subject to, inter alia, registration with the DSIR.
  18. Exemption to goods imported for display or use at specified event [fair, exhibition] subject to re-export within 6 months from the date of clearance of the imported goods.
  19. Exemption to:
    • Articles of gift received from any foreign government by Union or State Ministers and specified public servants and imported as baggage;
    • Articles of gift imported into India by a foreign dignitary, visiting India for any official purposes, as part of his baggage and to be gifted to Union or State Ministers and specified public servants.
  20. Exemption to:
    • Challenge Cups and Trophies awarded to an Indian team in connection with its participation in a tournament outside India and brought by it into India for being kept with an Official Sports Association;
    • Medals and trophies awarded to members of Indian teams for their participation in international tournaments or competitions outside India;
    • Prizes won by any member of an Indian Team if the team has participated in any international tournament or competition in relation to any sport or game, with the approval of the GoI in the Department of Youth Affairs and Sports;
    • Trophy when imported into India by the National Sports Federation recognized by the Central Government or any Sports Body for being awarded to the winning team in the international tournament including bilateral tournament and World Cup event to be held in India.
  21. Exemption to specified goods on which a manufacturing process was undertaken in India and which were exported out of India for carrying out further manufacturing process of coating, electroplating or polishing or a combination of one or more of these processes, as the case may be, when re-imported into India after completion of the said processes, from the customs duty leviable on the value of goods which were exported i.e. customs duty is leviable on the value of the fair cost of the said processes carried out abroad (whether such cost is actually incurred or not) and insurance and freight, both ways.
  22. Exemption to Challenge cups and trophies:
    • Which have been won by any unit of the Defence Forces in India or by a particular member or members of such unit in a competition; or
    • Which are being re-imported and which before being exported has been won by any such unit or member or members of a unit in a competition; or
    • Which have been sent by donors resident abroad for presentation to or competition among such units or members of such units.
  23. Exemption to articles re-imported by or along with a unit of the Army, the Navy or the Air force or a Central Para Military Force on the occasion of its return to India after a tour of service abroad subject to satisfaction of the Commissioner of Customs that these articles were exported by or along with such unit on the occasion of its departure from India on such tour.
  24. Goods not produced or manufactured in India, which are private personal property and which prior to their import into India have been exported therefrom and re-imported within three years from the date of export.
  25. Exemption to:
    • Goods manufactured in India and parts of such goods whether of Indian or foreign manufacture and reimported into India for repairs or for reconditioning.
    • Goods manufactured in India and re-imported for reprocessing or refining or remaking. Subject to the condition, inter alia, that goods are reimported within one / three years from the date of export [10 years in the case of Nepal and Bhutan]; that goods are re-exported within 6 months of re-import, etc.
  26. Exemption to goods [on their re-import] not produced or manufactured in India and on which the duty of customs leviable has been paid at the time of their importation into IGST Exemptions/Concessions under GST [As per discussions in the GST Council Meeting held on 18th/19th May, 2017] India and which were exported out of India for the execution of a contract approved by the Reserve Bank of India in connection with any commercial and industrial (including constructional) activities. In the case of goods on which any alterations, renovations, additions or repairs have been executed subsequent to their export, IGST will be payable on the value equal to the cost of such alterations, renovations, additions or repairs while the goods were abroad.
  27. Exemption to:
    • Re-import of goods exported under claim of any export scheme [drawback, rebate, bond, DEEC or EPCG, DEPB],;
    • Re-import of goods sent abroad for repairs etc.
    • Re-import of cut and polished precious and semiprecious stones sent abroad for some treatment [para 4A.20.1 of the FTP]
    • Import of parts components of aircrafts replaced or removed during the course of maintenance in a SEZ.
  28. Exemption to specified goods, when imported into India for carrying out repairs, reconditioning, reengineering, testing, calibration or maintenance (including service), subject to the condition, inter alia, that
    • The repairs, reconditioning, reengineering, testing, calibration or maintenance (including service) as the case may be, is undertaken in accordance with the provisions of section 65 of the Customs Act, 1962 (52 of 1962), and
    • The goods repaired, reconditioned, reengineered, tested, calibrated or maintained (including service) as the case may be, are exported and are not cleared outside the Unit.
    • Exemption to:
      • Works of art including statuary and pictures intended for public exhibition in a museum or art gallery;
      • Works of art namely memorials of a public character intended to be put up in a public place including, materials used or to be used in their construction, whether worked or not;
      • Antiques intended for public exhibition in a public museum or national institution;
  29. Exemption to re-import of unclaimed postal articles which were originally posted in India and re-imported as unclaimed, refused or redirected.
  30. Exemption to engines and parts of aircraft, when reimported into India after having been exported, from the customs duty leviable on the value of goods which were exported [customs duty is leviable on the cost of repair], which includes the charges paid for the materials as well as for labour, insurance and freight) in the following cases:-
    • Engines and certain specified parts which fail abroad and are re-imported.
    • Engines or certain specified parts sent abroad as a standby for replacement of a defective one and subsequently brought back to India in the same condition without being installed on an aircraft.
    • Engines and certain specified parts lent by an Indian company to a foreign Company.
  31. Exemption to catering cabin equipments and food and drink on re-importation by the aircrafts of the Indian Airlines Corporation from foreign flights subject to the condition that the goods were not taken on board at any foreign port or place.
  32. Exemption to catering cabin equipments and food and drink on re-importation by the aircrafts of the Indian Airlines.

IGST Exemption for Goods to Nepal and Bhutan

Goods imported from a foreign country for the purpose of exports to Bhutan or Nepal is exempt from IGST. Also, Goods imported from Bhutan or Nepal into India for exports to foreign Country is exempt from IGST.

Miscellaneous IGST Exemptions

The following goods also enjoy IGST exemption:

  1. Television equipment, cameras and other equipment for taking films, imported by a foreign film unit or television team.
  2. Photographic, filming, sound recording and radio equipment, raw films, video tapes and sound re- cording tapes of foreign origin, if imported into India after having been exported therefrom.
  3. Goods imported for being tested in specified test centres.
  4. All goods under HSN code 85 namely aircrafts, helicopters, etc.,
  5. The following goods, namely :
    1. Satellites and payloads;
    2. Scientific and technical instruments, apparatus, equipments (including computers and computer software), accessories, parts, components, spares, tools, mock ups and modules, raw materials and consumables required for launch vehicles and for satellites and payloads;
    3. Ground equipment brought for testing;
  6. Used bona fide personal and household effects belonging to a deceased person
  7. Goods imported through postal parcels, packets and letters, the CIF value of which is not more than one thousand rupees per consignment
  8. Archaeological specimens, photographs, plaster casts or antiquities, intended for exhibition for public benefit in a museum managed by the Archaeological Survey of India or by a State Government
  9. Goods specified in List 34 required in connection with:
    1. Petroleum operations undertaken under petroleum exploration licenses or mining leases, granted by the Government of India or any State Government to the Oil and Natural Gas Corporation or Oil India 5% This will apply to domestic supplies also.

IGST Exemption for Passengers

Goods imported by a passenger or a member of a crew in his baggage is exempt from IGST. [Does not apply to motor vehicles, alcoholic beverages, tobacco and tobacco products]

Goods imported by a person of India origin on his return to India is exempt from IGST.

One lap top imported by a passenger of 18 years or more age is exempt from IGST.

IGST Exemption for SEZ

Imports by a SEZ unit or SEZ developer for authorized operations is exempt from IGST.

Learn the difference between IGST, CGST and SGST

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Taxable Person under GST – Who Needs GST Registration?

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Taxable Person under GST

Taxable person under GST is anyone who is registered under GST or required to be registered under GST. Various criteria’s like turnover, business activity or transaction have been specified in GST Act, which details persons liable to be registered under GST. Further, any person having registration under Service Tax, VAT or Central Excise on the date of GST coming into force will automatically be considered a taxable person under GST.

GST Definition of Taxable Person

The term “person” has been defined in Section 2(73) of the GST Act as follows:

  • An Individual
  • A Hindu Undivided Family
  • A Company
  • A Partnership Firm
  • A Limited Liability Partnership
  • An Association of Persons or a Body of Individuals, whether incorporated or not, in India or outside India
  • Any Corporation Established by or under any Central, State or Provincial Act, or a Government Company
  • Any body corporate incorporated by or under the laws of a country outside India
  • A co-operative society registered under any law relating to cooperative societies
  • A local authority
  • Government
  • Society as defined under the Societies Act, 1860
  • Trusts Artificial judicial person, not falling within any of the above categories

The definition for taxable person under GST is similar to the definition in the existing Service Tax law. Its important to note that the definition for taxable person includes all kinds of judicial persons (artificial persons) also and not only natural persons.

Who needs GST Registration?

The criteria for persons who should be registered under GST is provided under Chapter 6 of the GST Act. As per the GST Act, the following persons are required to obtain GST registration:

Aggregate Turnover Criteria

Any supplier of goods and/or services who makes a taxable supply with an aggregate turnover of over Rs.20 lakhs in a financial year is required to obtain GST registration. In special category states, the aggregate turnover criteria is set at Rs.10 lakhs.

Special Category States under GST

Currently, Assam, Nagaland,  Jammu & Kashmir, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Uttarakhand, Tripura, Himachal Pradesh, and Sikkim are considered special category states. The National Development Council composed of the Prime Minister, Union Ministers, Chief Ministers and members of the Planning Commission determines the list of special category states in India. Also, the decision to accorded special status to a State is based on factors like: hilly and difficult terrain; low population density and or sizeable share of tribal population; strategic location along borders with neighboring countries; economic and infrastructure backwardness and non-viable nature of state finances.

Mandatory GST Registration Criteria

Some taxable persons who do not qualify for GST registration under the aggregate turnover criteria are required to mandatorily obtain GST registration, if they satisfy any of the following criteria:

Persons making any inter-state taxable supply

Inter-state supply is supplying goods or services from one state to another. Hence, any taxable person who is involved in supplying goods or services to persons outside of the State, is required to mandatorily obtain GST registration.

Casual taxable persons making taxable supply

Casual taxable person is a person who occasionally undertakes supply of goods and/or services and has no fixed place of business. An example of a casual taxable person would be a fireworks shops setup during Diwali festival time, selling fireworks temporarily.

Persons who are required to pay tax under reverse charge

Under GST, for most goods and/or services, the liability for payment of tax rests with the supplier. However, in some cases, the liability to pay tax (GST) would rests with the recipient of the goods or services, instead of the the supplier. Such transactions are called reverse charge. Hence, any person (recipient of goods or service) who is required to pay tax under reverse charge must mandatorily obtain GST registration.

Non-resident taxable persons making taxable supply

Non-resident taxable person is any person who occasionally supplies goods or services to recipients in India, but who has no fixed place of business or residence in India. All non-resident taxable persons are mandatorily required to obtain GST registration, irrespective of aggregate turnover criteria.

Persons who are required to deduct tax under GST

According to Section 51 of the GST Act, the Government may mandate a department or establishment of the Central Government or State Government or local authority or Governmental agencies or a category of persons to deduct tax at the rate of 1% from the payment made or credited to the supplier, where the total value under a contract, exceeds Rs.2.5 lakhs.  Such persons are required to mandatorily obtain GST registration and are referred to as “deductor”.

Persons who make taxable supply of goods or services on behalf of other other persons

Any person who makes a taxable supply of goods or services on behalf of other persons would include agents, brokers, dealers, etc., Such persons are required to mandatorily obtain GST registration.

Input Service Distributor

Input Service Distributor means a supplier of goods or services which receives tax invoices for the receipt of input services and issues a prescribed document for the purposes of distributing the credit of central tax, State tax, integrated tax or Union territory tax paid on the said services to a supplier of taxable goods or services.

Electronic Commerce Operator

Electronic commerce is the supply of goods or service, including digital products over digital or electronic network. An electronic commerce operator is any person who owns, operates or manages digital or electronic facility or platform for electronic commerce. All electronic commerce operators are mandatorily required to obtain GST registration, irrespective of turnover.

Person supplying online information and database access or retrieval services (OIDAR)

Any person supplying online information and database access or retrieval services from a place outside India to a person in India is required to obtain GST registration. Online information and database access or retrieval means
providing data or information, retrievable or otherwise, to any person, in electric form through a computer network.

Persons who supply goods or services through electronic commerce operators

Some persons who supply goods or services through electronic commerce operators, other than supplies where the electronic commerce operator is required to collect tax at source on behalf of the supplier is mandatorily required to obtain GST registration.

Under GST, The Government has the power to specify categories where the tax would be liable to be paid by the electronic commerce operator if the services are supplied through it.

Persons Having Service Tax or VAT or Central Excise Registration

All person who, on the day immediately preceding the appointed day is having a service tax or VAT or central excise license under an existing law is required to be registered under GST. Hence, migration to GST is mandatory for all taxable persons having an existing registration.

Transferee or Successor of a Business

Any person who is a transferee or a successor of a business, that was carried on by a persons registered under GST is required to be registered under GST with effect from the date of such transfer or succession.

Who is NOT Required to Obtain GST Registration

Any person who is engaged exclusively in the business of supplying goods or services that are not liable to tax under GST or wholly exempt from tax under GST is exempt from obtaining GST registration.

Also, an agriculturist, to the extent of supply of produce out of cultivation of land is exempt from obtaining GST registration. Under GST, agriculturist means an individual or a Hindu Undivided Family who undertakes cultivation of land:

  • By own labour, or
  • By the labour of family, or
  • By servants on wages payable in cash or kind or by hired labour under personal supervision or the personal supervision of any member of the family;

 

The post Taxable Person under GST – Who Needs GST Registration? appeared first on IndiaFilings.com | Learning Center.

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