GST

GST: Clarification about Transition Credit

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Clarification about Transition Credit

There are lot of speculations in the media about the credit of Rs. 65,000 crore claimed by taxpayers in respect of Central Excise and Service Tax in the pre-GST period. Some people are under the impression that because of Rs. 65,000 crore claimed as transition credit, the income of Government this month has plummeted.

Firstly, Rs. 65,000 crore is the credit claimed by the taxpayers in the TRANS 1 form as their balance of credit. It does not mean that they would have used all of this credit for payment of their output tax liability for the month of July 2017.

It may be clarified that this is far from the truth. Secondly, it may be clarified that an amount of Rs. 95,000 crore, which was received in the month of August 2017 for GST, is the amount actually paid in cash other than availing credit.

Thirdly, this figure of transition credit claimed is also not incredibly high, since Rs.1.27 lakh crore of credit of Central Excise and Service Tax was lying as closing balance as on 30th June, 2017 as per department’s record. This includes credit in Central Excise as well as Service Tax. Of course, some of these credits may not be admissible under GST regime, for example the credits, which are blocked under Section 17 (5) of CGST Act or which are not covered under the definition of GST. Also, some of the credits, which are claimed in TRANS 1 form may be under litigation and, therefore, it may not be available to the assesse to carry forward or utilisation. It is from this angle that CBEC is examining the transition credits, which are claimed by the assessees in TRANS I form in certain cases.

It is possible that some assessees would have committed mistake in filing TRANS 1 form of admissible credit. It has, therefore, been decided to provide facility for revision of TRANS 1 by the GST Council. This facility would be available by middle of October 2017 and assessees are requested to revise their TRANS 1 form before 31st October, 2017, so that they themselves can remove the error.

PIB

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Be the first to comment - What do you think?  Posted by admin - September 22, 2017 at 4:41 pm

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GST: Cabinet approves promulgation of the Goods and Services Tax (Compensation to States) Ordinance, 2017

GST: Cabinet approves promulgation of the Goods and Services Tax (Compensation to States) Ordinance, 2017

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has given its approval to the proposal of the Finance Ministry to promulgate an ordinance to suitably amend the Goods and Services Tax (Compensation to States) Act, 2017.

The approval would allow to increase the maximum rate at which the Compensation Cess can be levied from 15% to 25% on:

a) motor vehicles for transport of not more than thirteen persons, including the driver [falling under sub-headings 870210, 8702 20, 8702 30 or 8702 90]; and

b) motor vehicles falling under headings 8703.

The GST Council, in its meeting held in August 2017, taking into consideration the fact that post introduction of GST, the total incidence on motor vehicles [GST+ Compensation Cess] has come down vis-a-vis pre-GST total tax, incidence, and had recommended increase in the maximum rate at which Compensation Cess can be levied on motor vehicles falling under headings 8702 and 8703 from 15% to 25%.

The issue regarding the increase in effective rate of Compensation Cess on motor vehicles will be examined by the GST Council in due course.

PIB

Be the first to comment - What do you think?  Posted by admin - August 30, 2017 at 4:41 pm

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GST Impact on Automobile Sale to CSD Customers

GST Impact on Automobile Sale to CSD Customers

Sale Automobiles at CSD

Consequent to implementation of GST the impact on sale of vehicles to CSD customers is as follows :

  • Rates of Four Wheelers to CSD eligible customers will be CONSISTENT across the country. A slight variation may occur on account of varying freight and transit insurance charges of the companies.
  • Across India the customers will benefit in terms of price differential.
    Eligible CSD Customers shall only be levied 50% of GST and will NOT be involved in claiming refunds
  • The dealership across the country for all auto manufacturers have been expanded. All rates will be finalized by 31 Aug 2017

Be the first to comment - What do you think?  Posted by admin - August 8, 2017 at 1:52 pm

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GST Council Recommends Increase in Maximum Ceiling of Cess Leviable on Motor Vehicles Falling Under Headings 8702 and 8703 to 25% Instead of Present 15%

GST Council Recommends Increase in Maximum Ceiling of Cess Leviable on Motor Vehicles Falling Under Headings 8702 and 8703 to 25% Instead of Present 15%

The GST Council considered the issue of cess leviable on motor vehicles in its 20th meeting held on the 5th of August 2017 and recommended that Central Government may move legislative amendments required for increase the maximum ceiling of cess leviable on motor vehicles falling under headings 8702 and 8703 including SUVs, to 25% instead of present 15% . However, the decision on when to raise the actual cess leviable on the same will be taken by the GST Council in due course.

It was noted that after introduction of GST, the total tax incidence on motor vehicles [GST + Compensation Cess] has come down vis-a-vis the total tax incidence in pre-GST regime. The Schedule to the Goods and Service Tax (GST) (Compensation to State) Act 2017, specifies the maximum rate at which Goods and Service Tax Compensation Cess may be collected. In respect of motor vehicles, the maximum rate at which Goods and Service Tax Compensation Cess may be collected is 15%.

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Be the first to comment - What do you think?  Posted by admin - August 7, 2017 at 4:34 pm

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Publishing in Web page of Department of Posts the New rates of Tariff on Introduction of GST

GST rate for Speed Post, Express Parcel Post and Agency Services (WUMT) is at the rate of 18% with effect from 1st July 2017.

Department of Posts the New rates of Tariff on Introduction of GST

Government of India
Ministry of Communications
Department of Post, Dak Bhawan
New Delhi-110001

No.PA / Book-I/6-7/GST /2016-1793

Dated: 24.07.2017

To,

The General Manager, CEPT,
Nazarbad,
Mysore, 570010,
Karnataka Circle.

Sub: – Publishing in Web page of Department of Posts the New rates of Tariff on Introduction of GST-reg.

On introduction of GST with effect from 1st July 2017, the following information is required to be published in Web page of India post. Necessary action may be taken for publishing the information in Web page of India Post.

In respect of PLI/ RPM products with effect from 1st July 2017, First Year Premium @ 4.50% and Subsequent Year premium (Second Year onwards) @ 2.25%”.

2. The Full fledged Call Centre (1924) in operation in Dak Bhawan and the same has been provided with the FAQs and suggested answers on GST. The Services of the Call Centre (1924) may also be used for GST queries by the public.

Gp.Capt. Anil Kumar Gupta
Director (Accounts)

 

Be the first to comment - What do you think?  Posted by admin - August 2, 2017 at 3:05 pm

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CLARIFICATION ON ISSUED ‘SOPs’ TO ALL COMPANIES SUPPLYING GOODS, CARS, TWO WHEELERS IN IMPLEMENTATION OF GST

CSD: Clarification on issued SOPs to all companies supplying Goods, Cars, Two Wheelers

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
CANTEEN STORES DEPARTMENT

DELHI, 119, M.K. ROAD,
MUMBAI – 400 020

Website: www.csdinida.com
Email: dgmfa@csdindia.com

Fax: 022-2208 3324
Tel: 022-2208 3325

Ref No.6/F&A/C&C/630

26 July 2017

All the Companies (Supplying Goods, Cars, Two Wheelers and etc., to CSD)
All CSD Depots

CLARIFICATION ON ISSUED ‘SOPs’ TO ALL COMPANIES SUPPLYING GOODS, CARS, TWO WHEELERS IN IMPLEMENTATION OF GST

1. Please refer this office letter No.6/F&A/C&C/556 dated 20 July 2017.

2. It is once again clarified that only 50% of GST rates will be charged to URCs and authorized customers on purchase of other than AFD items and AFD items respectively. Though 50% refund mechanism is time consuming, CSD will take the responsibility of getting the same without charging URCs and end customers. This initiative has been taken by CSD to avoid timelags of benefit of 50% of GST rate to the authorized customers of URCs. However, cess will be levied totally in case of aerated drinks (Pepsi, Coco-cola etc) and cars at the applicable rates since no exemption has been granted towards cess.

3. All the Depot Managers are to educate the URCs and the end customers in case of AFD purchases on the above issue.

sd/-
(R.Purandar)
Wg Cdr
DGM(F&A)

Authority: www.csdindia.gov.in

Be the first to comment - What do you think?  Posted by admin - July 31, 2017 at 11:43 am

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FREQUENTLY ASKED QUESTIONS IMPLEMENTATION OF GST

CSD : FAQ on Implementation of GST

FREQUENTLY ASKED QUESTIONS IMPLEMENTATION OF GST

ISSUES CONCERNING DEPOTS

Q. What will be the format of Purchase Orders in GST Regime?

A. Purchase orders in the existing VAT regime will continue after removing the columns such as VAT columns VAT, CST etc and by adding the following fields :-

(a) GSTN of respective depot

(b) GST rate applicable for the index.

(c) HSN Code for each index etc.,

Q. To whom to approach for obtaining GSTIN of suppliers, HSN Code & GST rate for each index?

A. Stores Branches have been collecting the GSTIN details of each Company and their Distribution Centres, HSN Code and GST rate for each index of all the Companies. The data will be shared in

due course of time.

Q. What is going to be the Unique Identification Number (UIN) of CSD for refund mechanism?

A. The clarification in this regard is awaited from Ministry of Finance. Applicability of UIN for obtaining 50% GST refund will be clarified at the earliest.

Q. Will 50% exemption of GST rates apply on sale of non CSD items at URC?

A. Ministry of Finance vide Notification No 06/2017 & 07/2017 both dated 28 June 2017 has exempted sale / supply of goods by URCs to end customers. No URC is entitled to sell non CSD items in the same premises including INCS. Hence, non CSD items sold by any URCs to end customers are not eligible for exemption of GST rates extended by Govt of India.

Q. What will be the format of Form 2 and Return Form 2?

A. These formats under the VAT regime should continue in the GST regime after removing fields such as VAT, CST Octroi etc and by adding the following fields :-

(a) HSN code by each index

(b) GST rate of each index

(c) GSTN of supplier as well as CSD depot and etc.

Q. Are Debit Note and Credit Note raised on companies required to be uploaded on GST network?

A. The depots will raise the debit notes and credit notes against the Companies towards short supply of goods, damaged goods and life expired goods which will be further uploaded to GST network clearly quoting the corresponding purchase invoice details. However, the debit notes and credit notes for non-supply, late supply, part supply, non-extension on CPS etc are not to be uploaded to GST network since these are raised towards the penalties and not related to the quantum of goods supplied.

Q. Change of HSN Code and GST rate?

A. HSN Code and GST rate is being mentioned in all circulars sent to suppliers with copy to all depots. For any changes/revision from time to time depots should maintain proper record and update regularly on receipt of circulars from HO.

Q. What is to be done in case of difference between GSTIN of firm circulated by HO and as annotated on invoice?

A. Though HO is complying data for GSTIN of each firm and will be shared later on, the correct GSTIN data will be available on bills received from firms and same data be complied by each depot depending upon its source of supply and regular checked/updated for each bill so received so that there is no mismatch in returns.

Q. Is sale of stores to URC located outside State will attract CST in GST Regime?

A. CST charged in VAT regime is subsumed in GST. Hence, interstate sale made by CSD Depots to URCs or any inter Depot transfer will not attract CST. The sales to URCs by CSD Depots are outside the scopes of GST. Hence, CSD Depots have to sale URCs situated within the state or outside the State at whole sale rates issued by F&A Branch. However, liquor is outside the purview of GST, hence sale of liquor made to interstate URCs will be loaded with CST.

Q. Is separate Notifications by State Govt towards SGST is required?

A. A letter duly signed by GM (CSD) addressed to State Govt. will be forwarded for passing of Notification by State Govt. for extending exemption of 50% SGST. Depots are to liaise with concerned authorities for issue of notification in this regard.

Q. What is the mechanism for filing of GST returns?

A. GST returns to be filed by depots can be uploaded to GST network through excel files. Hence, all the depots to record their purchases and sales meticulously in the existing automated environment viz ICSDS Phase-I, Fox Pro etc., and to prepare excel files at the end of each month and file the following returns through their respective Chartered Accountants (CAs).

GSTR-I

(Clearly showing sales to URCs as business to customers)

GSTR-2

GSTR-3

Q. Is filing of GST returns through Chartered Accountants mandatory?

A. Filing of GST Returns through Chartered Accountants is not mandatory. Depots can file all the GST Returns after preparing the same in Excel File. However, due to limitation of expertise at Depots and new system related to GST, it is advisable to file GST Returns through Chartered Accountants. This procedure will be akin to the procedure followed in the VAT regime. The Competent Authority has stopped hiring of Tax Consultants/Advocates who are not a qualified Chartered Accountant, as defined in Companies Act & CA Act.

Q. Is 50% exemption of GST applicable to CSD Staff at Depots?

A. 50% of GST rates exemption is extended to all the supplies by CSD to its authorized customers and to the URCs as per the Notification No. 07/2017 dated 28 June 2017 issued by Ministry of Finance. CSD Staff are authorized customers to purchase goods at CSD Depots as per existing procedure. Hence, there should not be any doubt on eligibility of 50% exemption of GST rates to the sales made to CSD Staff at depots.

Q. Is 50% exemption of GST applicable for Defence Civilians for purchase of AFD-I items like TV, Refrigerator, Two Wheelers and Four Wheelers?

A. 50% GST rate exemption has been extended to all the authorized customers vide Notification No. 07/2017 dated 28 June 2017. Hence all the authorized customers who purchase AFD-I items like TV, Refrigerator, Two Wheelers and Four Wheelers etc. including Defence Civilians will be authorized for 50% exemption in GST rates. Hence, rates applicable to Armed Forces Personnel will be equally applicable to all eligible authorized customers.

Q. Is QD to be calculated without 50% of GST rates inclusive in selling prices?

A. 50% of GST will be the cost to CSD after filing/accounting the exemption operation of 50% GST rate. Hence, it becomes cost for CSD and not any tax element. Hence, it should be considered for computation of QD. However, the same is being sent for clarification to CDA (CSD). After receipt of clarification, a separate instruction will be issued to all the Depots.

Q. What is billing mechanism for AFD-I items in GST regime?

A. AFD-I suppliers are to bill to the respective Depots by adding corresponding GST rate (100%). CSD Depot will make payment towards AFD-I items supplied by the companies including 100% GST amount. Further, Depots have to claim refund of 50% of GST rate by filing necessary GST Returns.

Q. Which account is to be used for GST refund purpose?

A. “Main Account” of Depot will be used for the purpose of GST Refund.

Q. Can HSN Code be same for two or more than two items?

A. HSN Code can be same for similar category of items.

Q. How to resolve different HSN Code intimated by Store Branch Circulars and HSN Code mentioned in the suppliers bill?

A. Different HSN Code as intimated by circulars issued by Store Branches and as mentioned in suppliers Bill can be resolved by referring to concerned Store Branch directly. However, HSN Code with dot in between as happened in case of HUL (3401.11.90) should be accepted since it is different way of presentation of HSN Code.

Q. Should HSN Code with 4 digit to be accepted?

A. As per notification No. 12/2017 dated 28 June 2017 issued by Ministry of Finance, a company with annual turnover in the preceding Financial Year of more than one crore fifty lakhs and up to 5 crores shall mention first 2 digits of HSN Code and annual turnover of more than 05 crores shall mention first 4 digits of HSN Code. Thus, HSN code with first 4 digits can also be accepted though the Store Branch circulars convey 8 digits.

Q. Can firm raise Debit/Credit Notes on CSD?

A. Yes. The firms can raise Debit/Credit Notes on CSD. Debit/Credit Notes raised by the firm will be on account of correcting errors in invoice amount due to factors such as short/excess supply, wrong pricing etc. Such Debit/Credit Notes will be part of GST returns filing in GSTR-I uploaded by firms.

Q. Can one Invoice contain items having different GST rates?

A. An invoice can contain items having different GST rates say 5%, 12%, 18% and 28%. An invoice should not be rejected on the grounds that items falling under different GST rates have been included in one invoice. However, companies have been advised to segregate the supplies to feature each category of GST rate at one place for easy accounting at Depots vide letter No. 6/F&A/C&C/GST/6335 dated 27 July 2017.

Q. Rejection of supplies from companies due to mismatch of invoice formats from the format issued by F&A Branch vide letter No.6/F&A/C&C/419 dated 16 June 2017

A. Complaints have been received from many companies stating that Depots are refusing delivery of goods against the orders on the pretext that invoice format are not matching with format circulated by F&A Branch vide above quoted letter. In this regard it is once again clarified that invoice format circulated by this office was “PURELY ADVISORY IN NATURE” covering small scale sole proprietorship to HUL. Hence, if the invoice is meeting basic requirements of GST law such as GSTIN, GST rate, CGST, SGST, IGST, and etc., all the depots are to accept the goods.

ISSUES CONCERNING SUPPLIERS

Q. What is going to be the Unique Identification Number (UIN) of CSD for refund mechanism?

A. The clarification in this regard is awaited from Ministry of Finance. Applicability of UIN for obtaining 50% GST refund will be clarified at the earliest.

Q. Are Debit Note and Credit Note raised on companies required to be uploaded on GST network?

A. The depots will raise the debit notes and credit notes against the Companies towards short supply of goods, damaged goods and life expired goods which will be further uploaded to GST network clearly quoting the corresponding purchase invoice details. However, the debit notes and credit notes for non-supply, late supply, part supply, non-extension on CPS etc are not to be uploaded to GST network since these are raised towards the penalties and not related to the quantum of goods supplied.

Q. What is to be done in case of difference between GSTIN of firm circulated by HO and as annotated on invoice?

A. Though HO is complying data for GSTIN of each firm and will be shared later on, the correct GSTIN data will be available on bills received from firms and same data be complied by each depot depending upon its source of supply and regular checked/updated for each bill so received so that there is no mismatch in returns.

Q. What is billing mechanism for AFD-I items in GST regime?

A. AFD-I suppliers are to bill to the respective Depots by adding corresponding GST rate (100%). CSD Depot will make payment towards AFD-I items supplied by the companies including 100% GST amount. Further, Depots have to claim refund of 50% of GST rate by filing necessary GST Returns.

Q. Should HSN Code with 4 digit to be accepted?

A. As per notification No. 12/2017 dated 28 June 2017 issued by Ministry of Finance, a company with annual turnover in the preceding Financial Year of more than one crore fifty lakhs and up to 5 crores shall mention first 2 digits of HSN Code and annual turnover of more than 05 crores shall mention first 4 digits of HSN Code. Thus, HSN code with first 4 digits can also be accepted though the Store Branch circulars convey 8 digits.

Q. Can firm raise Debit/Credit Notes on CSD?

A. Yes. The firms can raise Debit/Credit Notes on CSD. Debit/Credit Notes raised by the firm will be on account of correcting errors in invoice amount due to factors such as short/excess supply,

wrong pricing etc. Such Debit/Credit Notes will be part of GST returns filing in GSTR-I uploaded by firms.

Q. Can one Invoice contain items having different GST rates?

A. An invoice can contain items having different GST rates say 5%, 12%, 18% and 28%. An invoice should not be rejected on the grounds that items falling under different GST rates have been included in one invoice. However, companies have been advised to segregate the supplies to feature each category of GST rate at one place for easy accounting at Depots vide letter No. 6/F&A/C&C/GST/dated 27 July 2017.

Q. Rejection of supplies from companies due to mismatch of invoice formats from the format issued by F&A Branch vide letter No.6/F&A/C&C/419 dated 16 June 2017

A. Complaints have been received from many companies stating that Depots are refusing delivery of goods against the orders on the pretext that invoice format are not matching with format circulated by F&A Branch vide above quoted letter. In this regard it is once again clarified that invoice format circulated by this office was “PURELY ADVISORY IN NATURE” covering small scale sole proprietorship to HUL. Hence, if the invoice is meeting basic requirements of GST law such as GSTIN, GST rate, CGST, SGST, IGST, and etc., all the depots are to accept the goods.

ISSUES CONCERNING URCs

Q. Will 50% exemption of GST rates apply on sale of non CSD items at URC?

A. Ministry of Finance vide Notification No 06/2017 & 07/2017 both dated 28 June 2017 has exempted sale / supply of goods by URCs to end customers. No URC is entitled to sell non CSD items in the same premises including INCS. Hence, non CSD items sold by any URCs to end customers are not eligible for exemption of GST rates extended by Govt of India.

Q. Is sale of stores to URC located outside State will attract CST in GST Regime?

A. CST charged in VAT regime is subsumed in GST. Hence, interstate sale made by CSD Depots to URCs or any inter Depot transfer will not attract CST. The sales to URCs by CSD Depots are outside the scopes of GST. Hence, CSD Depots have to sale URCs situated within the state or outside the State at whole sale rates issued by F&A Branch. However, liquor is outside the purview of GST, hence sale of liquor made to interstate URCs will be loaded with CST.

Q. Is QD to be calculated without 50% of GST rates inclusive in selling prices?

A. 50% of GST will be the cost to CSD after filing/accounting the exemption operation of 50% GST rate. Hence, it becomes cost for CSD and not any tax element. Hence, it should be considered for computation of QD. However, the same is being sent for clarification to CDA (CSD). After receipt of clarification, a separate instruction will be issued to all the Depots.

Authority: www.csdindia.gov.in

Be the first to comment - What do you think?  Posted by admin - at 11:35 am

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Government clarifies that accommodation in any hotel, including 5-star hotels, having a declared tariff of a unit of accommodation of less than INR 7500 per unit per day, will attract GST @ 18%

Government clarifies that accommodation in any hotel, including 5-star hotels, having a declared tariff of a unit of accommodation of less than INR 7500 per unit per day, will attract GST @ 18% ; Star rating of hotels is, therefore, irrelevant for determining the applicable rate of GST.

Reports have been received expressing doubts whether 5-star Hotels are liable to pay GST @ 28% irrespective of the declared tariff of a unit of accommodation.

In this context, it is hereby clarified that accommodation in any hotel, including 5-star hotels, having a declared tariff of a unit of accommodation of less than INR 7500 per unit per day, will attract GST @ 18%. Star rating of hotels is, therefore, irrelevant for determining the applicable rate of GST.

PIB

Be the first to comment - What do you think?  Posted by admin - July 18, 2017 at 5:34 pm

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Applicability of Goods and Service Tax (GST) on Catering Services

IRCTC News : GST on Catering Services

Applicability of Goods and Service Tax (GST) on Catering Services

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.2012/TG.III/631/2

New Delhi dated 29.06.2017

The General Managers
All Indian Railways

The CMD/IRCTC
New Delhi

CMD/KRCL,
Navi Mumbai

(Commercial Circular No.44 of 2017)

Sub: Applicability of Goods and Service Tax (GST) on Catering Services

The issue of implementation of Goods and Service Tax (GST) on Catering Services on Indian Railways has been examined in consultation of Finance Commercial Dte. of Railway Board. Accordingly, following are advised:-

1. The chargeable GST on catering services on railways is as under:-

(i) For static units not having facility of air conditioning or central heating at any time during the year- 12% with full Input Tax Credit (ITC)

(ii) For static units having facility of air conditioning or central heating at any time during the year-18% with full Input Tax Credit (ITC)

(iii) For Rajdhani/Shatabdi/Duronto and other Mail/Express trains -18% with full Input Tax Credit (ITC)

2. The above GST on catering charges is applicable w.e.f 01.07.2017.

3. The revised catering apportionment charges for Rajdhani/Shatabdi/Duronto trains and other similar type of Rajdhani trains where catering charges are inbuilt in ticket fare are as under:-

GST-RAILWAY-CATERING-SERVICE

4. In case of Rajdhani/Shatabdi/Duronto type trains where catering charges are part of the ticket fare, amount of GST is to be reimbursed to the service providers on submission of proof of deposit of the same with the appropriate Government Authority. However, in case of Mail/Express trains and other static units where catering services are provided on payment basis and the above taxes are collected directly from the passengers through cash memo, money receipts etc., Zonal railways /IRCTC shall ensure that the GST collect from the passenger are deposited with the concerned Authorities as per the guidelines /procedures laid down by the M/o Finance. To ensure the same zonal railways shall also obtain monthly proof of compliance of tax deposit by the service provides as per laid down procedures.

5. In case of other mail/express trains and static unit, the GST amount shall not be rounded off. In case of showing separate GST amount for CGST and SGST/UTGST in that case also GST amount shall be separately mentioned upto two decimal place. As regard rounding off of chargeable amount, after levy of GST on the total amount it shall be rounded off to the nearest rupee.

6. In addition to the above, GST on catering services of other premium trains like Tejas, Gatiman, Shivalik etc. shall be levied @ 18%. Accordingly, necessary changes in the catering apportionment charges shall be advised by the Zonal Railways to CRIS.

This issue with the concurrence of Finance Dte. of Railway Board.

Please acknowledge receipt of this letter.

sd/-
(Smita Rawat)
Exe. Director (T&C)
Railway Board

Click Here to view the original order

Authority : www.indianrailways.gov.in

Be the first to comment - What do you think?  Posted by admin - July 16, 2017 at 6:01 pm

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No GST on Annual subscription/fees charged as lodging/boarding charges by educational institutions from its students for hostel accommodation

No GST on Annual subscription/fees charged as lodging/boarding charges by educational institutions from its students for hostel accommodation;
Services provided by an educational institution to students, faculty and staff are fully exempt from GST.

There are some reports that GST@18% will be levied on annual subscription/fees charged for lodging in hostels. This is not true. There is no change in tax liability relating to education and related services in the GST era, except reduction in tax rate on certain items of education.

It may be mentioned that services provided by an educational institution to students, faculty and staff are fully exempt. Educational institution has been defined as an institution imparting

(i) pre-school education and education up to higher secondary school or equivalent;

(ii) education as a part of a curriculum for obtaining a qualification recognised by any law for the time being in force;

(iii) education as a part of an approved vocational education course.

Thus, services of lodging/boarding in hostels provided by such educational institutions which are providing pre-school education and education up to higher secondary school or equivalent or education leading to a qualification recognised by law, are fully exempt from GST. Annual subscription/fees charged as lodging/boarding charges by such educational institutions from its students for hostel accommodation shall not attract GST.

PIB

Be the first to comment - What do you think?  Posted by admin - July 13, 2017 at 6:09 pm

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No GST is applicable on free food supplied in anna kshetras run by religious institutions

No GST is applicable on free food supplied in anna kshetras run by religious institutions

Prasadam supplied by religious places like temples, mosques, churches, gurudwaras, dargahs, etc. attracts Nil CGST and SGST or IGST, as the case may be.

There are media reports suggesting that GST applies on free food supplied in anna kshetras run by religious institutions. This is completely untrue. No GST is applicable on such food supplied free.

Further, prasadam supplied by religious places like temples, mosques, churches, gurudwaras, dargahs, etc. attracts Nil CGST and SGST or IGST, as the case may be.

However, some of the inputs and input services required for making prasadam would be subject to GST. These include sugar, vegetable edible oils, ghee, butter, service for transportation of these goods etc. Most of these inputs or input services have multiple uses. Under GST regime, it is difficult to prescribe a separate rate of tax for sugar, etc. when supplied for a particular purpose.

Further, GST being a multi-stage tax, end use based exemptions or concessions are difficult to administer. Therefore, GST does not envisage end use based exemptions. It would, therefore, not be desirable to provide end use based exemption for inputs or input services for making prasadam or food for free distribution by religious institutions.

PIB

Be the first to comment - What do you think?  Posted by admin - July 11, 2017 at 5:31 pm

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Dr Jitendra Singh congratulates North Eastern States for successful implementation of GST

Dr Jitendra Singh congratulates North Eastern States for successful implementation of GST

The Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh today, congratulated all the eight North-Eastern States for successful implementation of GST and said, the North-Eastern States have set an example by being highly supportive right from the beginning of the GST exercise, in spite of several diversities, contradictions and constraints of the region. He commended the unassuming approach of the eight State Governments of different political parties as well as the various trade bodies and their representatives from the region, who, from time to time, came forward with their apprehensions and sought responses with an open mind, which paved the way for amicable solution to each of the issues related to GST roll-out in the region.

Speaking to Nagaland Minister for Roads & Bridges, designate in GST Council, Shri Y. Vikheho Swu, who called on him to discuss the arrangements post-roll-out of GST in the State, Dr Jitendra Singh had a word of praise for Nagaland, which happens to be one of the most peripheral Indian States with its immediate borders with foreign countries and with constant hassles emanating from topography, inadequate connectivity, transport limitations etc.

Shri Vikheho Swu gave a detailed resume of the manner in which everything was being managed smoothly following the GST roll-out on the midnight of June 30th and July 1st. He also wanted Dr Jitendra Singh to ensure that the All India Services officers engaged in implementation and management of GST should not be transferred or posted elsewhere for the time being.

Dr Jitendra Singh also had a word of praise for the literate approach and sagacious wisdom of the traders as well as consumers of North-Eastern region who were always open to reason. Citing an example, he said, when it was pointed out that some of the local handloom / handicraft products had come under the gambit of GST, even though these were tax-free earlier, the grievance got instantly resolved when it was explained that earlier, several of the taxes on raw material, etc., were embedded and hence not visible, whereas now it is only one tax, the GST, which is visible with no other invisible taxes, and hence the ultimate cost could remain the same or even less.

In the long run, Dr Jitendra Singh said that the GST will prove to be a blessing for the Northeast as it will offer the peripheral States an opportunity to grow side by side along with the more developed States of India.

PIB

Be the first to comment - What do you think?  Posted by admin - July 5, 2017 at 6:38 pm

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Cabinet Secretary reviews GST, asks departments to keep a lid on price rise

Cabinet Secretary reviews GST, asks departments to keep a lid on price rise

New Delhi: Three days into GST regime, Cabinet Secretary P K Sinha today asked all ministries and departments to ensure that their is no shortage of goods and prices of essential items are kept under check.
Sinha held a review meeting to take stock of situation post implementation of the new tax regime, and departments have been asked to ensure that retailers, dealers/shopkeepers should display a price list under GST of items sold by them.

“Government has asked all the departments to ensure that their is no shortage of products and consumer items in order to keep a check on prices. Special emphasis was laid on to keep prices of essential commodities under check,” a finance ministry statement said.

Sinha stressed that benefits of GST should be passed on to consumers, which would in turn also keep inflation under control.

“Various machines used by dealers, retailers for computerised billing should be calibrated at the earliest as per the new GST rates,” he added.

A four tier Goods and Services Tax (GST) – 5, 12, 18 and 28 per cent – has been rolled out from July 1. Essential items like salt, unpacked food grains, cereals have been kept a zero rated to ensure that there is no price rise.

Sinha also asked departments to be ready to deal with queries of their stakeholders.

“In order to do so, officers of every ministry should equip themselves and have full knowledge of the details relating to GST concerning their respective Ministry,” he said.

A similar review meeting will be held every week to keep a close watch on GST rollout.

Sinha has also asked all the departments/ministry to provide all the relevant information relating to GST concerning their ministry/department, including GST rates on their respective websites.

He asked the secretaries to get more detailed feedback and in-depth details of the field from their respective stakeholders, officers and consumers at large after GST implementation.

The officers should be fully ready to deal with it so that there is quick response to any situation, the statement said.

Sinha asked them to launch campaigns to make their stakeholders and consumers fully aware about GST related matters concerning their respective ministry/department.

Apart from Revenue Secretary Hasmukh Adhia, the 20 secretaries, including from textile, consumer affairs, food processing, railways, MSME, rural development, tourism, fertiliser, pharma, and financial services attended the meeting. CBEC officials were present in the meeting.

On June 20, Sinha had taken GST preparedness meeting with 30 ministries and departments and had asked the secretaries to organise outreach meetings and publicity campaigns through their departments and PSUs for explaining the provisions of new law and rules to their stakeholders.

The finance ministry had yesterday said that the two days of GST rollout has passed “without any major problems being reported” from the field offices.

“The Revenue Department has got encouraging reports from the roadside dhabas and big restaurants as well as from kirana shops to departmental stores which, in turn, have started getting acclimatised to the new tax system,” it had said.

The biggest indirect tax since Independence, GST removes at least 17 different taxes and transforms India into a single market for seamless movement of goods and services.

PTI

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All States/UTs except the State of Jammu & Kashmir, approves the State GST Act and are ready for the smooth roll-out of GST with effect from 1st July, 2017

All States/UTs except the State of Jammu & Kashmir, approves the State GST Act and are ready for the smooth roll-out of GST with effect from 1st July, 2017

As of today, all the States and Union Territories (having assemblies), except the State of Jammu & Kashmir, have approved the State Goods and Services Tax (SGST) Act. The State of Kerala issued an Ordinance today approving State GST Act while the State of West Bengal had issued an Ordinance in this regard on 15th June, 2017. Now only one State is left i.e. the State of J&K which is yet to pass the State GST Act. Thus, almost the entire country including all the 30 States/UTs are now on board and ready for the smooth roll-out of GST with effect from 1st July, 2017.

The details of the States which have passed the State GST Act till today are as follows:

Sl. No. Name of the State Date on which SGST Act passed in the Assembly
1. Telangana Act Passed on 9th April 2017
2. Bihar Act Passed on 24th April, 2017
3. Rajasthan Act Passed on 26th April 2017
4. Jharkhand Act Passed on 27th April, 2017
5. Chhattisgarh Act Passed on 28th April, 2017
6. Uttarakhand Act Passed on 2nd May, 2017
7. Madhya Pradesh Act Passed on 3rd May, 2017
8. Haryana Act Passed on 4th May, 2017
9. Goa Act Passed on 9th May, 2017
10. Gujarat Act Passed on 9th May, 2017
11. Assam Act Passed on 11th May, 2017
12. Arunachal Pradesh Act Passed on 12th May, 2017
13. Andhra Pradesh Act Passed on 16th May, 2017
14. Uttar Pradesh Act Passed on 16th May, 2017 (in both the Houses)
15. Puducherry Act Passed on 17th May, 2017
16. Odisha Act Passed on 19th May, 2017
17. Maharashtra Act Passed on 22nd May, 2017
18. Tripura Act Passed on 25th May, 2017
19. Sikkim Act Passed on 25th May, 2017
20. Mizoram Act Passed on 25th May, 2017
21. Nagaland Act Passed on 27th May, 2017
22. Himachal Pradesh Act Passed on 27th May, 2017
23. Delhi Act Passed on 31st May, 2017
24. Manipur Act Passed on 5th June, 2017
25. Meghalaya Act Passed on 12th June, 2017
26. Karnataka Act Passed on 15th June, 2017
27. West Bengal Ordinance Passed on 15th June, 2017
28. Punjab Act Passed on 19th June, 2017
29. Tamil Nadu Act Passed on 19th June, 2017
30. Kerala Ordinance Passed on 21st June, 2017

STATE YET TO PASS THE SGST ACT

Sl. No. Name of the State
1. Jammu & Kashmir

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Be the first to comment - What do you think?  Posted by admin - June 21, 2017 at 4:59 pm

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CSD: Implementation of GST at URCs

ADVISORY 10/ 2017: IMPLEMENTATION OF GST AT URCs

GST-CSD

1. The Govt has declared 50% exemption of GST to CSD (copy of relevant extract att as Annx).

2. URCs’ sales to end customers are exempted levy of GST. As a consequence, URCs are exempted from registration for GST and filing of monthly returns etc.

3. URCs need not make any extra efforts in implementation of GST wef 01 Jul 2017, except the following activities:-

(a) Ensure proper accounting of closing stock as on 30 Jun 2017 since, they have to be sold at old selling prices wef 01 Jul 2017.

(b) CSD Depots will be selling the balance stocks as on 30 Jun 2017 at the old rates to URCs. All the stocks received from CSD Depots with old selling prices during July 2017 and the closing stocks at URCs as on 30 Jun 2017 should be sold at old prices as on 30 Jun 2017 to end customer.

(c) No URC should refuse the stocks already demanded by them in the month of Jun 2017, as these stocks have been purchased and supplied to Depots.

(d) Goods purchased by CSD Depots from the companies in GST Regime (wef 01 Jul 2017) will be sold at revised wholesale price. URCs will sell these goods at revised retail price to end customers, which will be communicated by CSD HO in due course of time through their respective depots.

(e) It is advisable to liquidate old stocks at URCs as on 30 Jun 2017 first and then only start selling new stocks.

(f) Dual billing system may be followed, if all the stocks as on 30 Jun 2017 cannot be liquidated and sale of new stocks to be carried out with new rates, if situation warrants.

(g) CS Dte has directed CIMS management to prepare and forward revised software to all URCs, in order to switchover the billing process in GST environment. This is dependent on companies disclosing post GST prices to CSD HO in an early timeframe.

(h) All URCs should maintain the record of purchases and sales meticulously in electronic mode,

(j) The Government is yet to finalise e way bill procedure in GST

environment for collection vehicles that will be used to collect stores from CSD Depots by URCs. Once e way bill is made mandatory for URCs, the same will be intimated.

4. However, as liquor is outside the purview of GST, URCs will continue with the existing system for sale of liquor.

5. This letter supersedes all earlier instrs on the subject and be disseminated to all URCs under respective comd.

Signed copy 

Be the first to comment - What do you think?  Posted by admin - June 20, 2017 at 6:58 pm

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The Central Government abolished various Cesses in the last three years for smooth roll-out of GST

The Central Government abolished various Cesses in the last three years for smooth roll-out of GST 

The Central Government in the last three General Budgets viz 2015-16, 2016-17 and 2017-18 has gradually abolished various cesses on goods and services in order to prepare the ground for smooth roll- out of Goods and Service Tax (GST) from 1st July, 2017. The Central Government has taken this step in stages by abolishing various cesses so that it is easier to fit in various goods and services in different tax slabs for GST.

The Central Government in its General Budget 2015-16 had abolished Education Cess, including Secondary and Higher Education Cess on taxable services, and exempted Education Cess on excisable goods as well as Secondary and Higher Education Cess on excisable goods.

In its General Budget 2016-17, the Central Government abolished cess on cement, strawboard, three cesses including cess on Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines by amending Labour Welfare Cess Act, 1976, Tobacco cess by amending the Tobacco Cess Act 1975, and Cine Workers Welfare Cess by amending the Cine Workers’ Welfare Cess Act 1981 among others.

In its General Budget 2017-18, the Central Government abolished Research and Development cess by amending the Research and Development Cess Act.

 Through Taxation Laws Amendment Act 2017, the following cesses are abolished. However, the date of the implementation will coincide with the date of the GST roll-out:

  1. The Rubber Act 1947 – Cess on Rubber
  2. The Industries (Development and Regulation) Act 1951 – Cess on Automobile
  3. The Tea Act 1953 – Cess on Tea
  4. The Coal Mines (Conservation and Development) Act, 1974 – Cess on Coal
  5. The Beedi Workers’ Welfare Cess Act 1971 – Cess on Beedis
  6. The Water (Prevention and Control of Pollution) Cess Act 1977 – Cess levied on Water consumed by certain industries and by local authorities.
  7. The Sugar Cess Act 1982, the Sugar Development Fund Act 1982 – Cess on Sugar
  8. The Jute Manufacturers Cess Act 1983 – Cess on Jute Goods manufactured or produced or in part of Jute.
  9. The Finance (2) Act 2004 – Education Cess on Excisable Goods
  10. The Finance Act, 2007 – Secondary and Higher Education Cess on Excisable Goods
  11. The Finance Act 2010 – Clean Energy Cess
  12. The Finance Act 2015 – Swachh Bharat Cess
  13. The Finance Act 2016 – Infrastructure Cess and Krishi Kalyan Cess

 However, the following cesses will continue to be levied under the GST regime since they pertain to customs or goods which are not covered under the GST regime:

  1. The Finance (2) Act 2004 – Education Cess on Imported Goods
  2. The Finance Act, 2007 – Secondary and Higher Education Cess on Imported Goods
  3. Cess on Crude Petroleum Oil under the Oil Industry Development Act, 1974
  4. Additional Duty of Excise on Motor Spirit (Road Cess)
  5. Additional Duty of Excise on High Speed Diesel Oil (Road Cess)
  6. Special Additional Duty of Excise on Motor Spirit
  7. NCCD on Tobacco and Tobacco Products and Crude Petroleum Oil.

PIB

Be the first to comment - What do you think?  Posted by admin - June 7, 2017 at 3:32 pm

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PM reviews progress towards beginning of GST on July 1

PM reviews progress towards beginning of GST on July 1

gst-goods-and-service-tax

The Prime Minister, Shri Narendra Modi, today reviewed the status of GST, which is to be implemented from July 1.

The meeting, which lasted for over two and a half hours, was attended by Finance Minister Arun Jaitley, and top-most officials from the Ministry of Finance, PMO and the Cabinet Secretary.

In the course of the meeting, the Prime Minister specifically reviewed aspects of implementation such as IT readiness, HR readiness, training and sensitization of officers, query handling mechanism, and monitoring. The Prime Minister was informed that GST systems such as IT infrastructure, training of officials, integration with banks, and enrolment of existing taxpayers will be in readiness well in time for the July 1 implementation date. Information security systems were discussed in detail.

A Twitter handle – @askGst_GOI has been started for real time answering of queries. An All India toll-free phone 1800-1200-232 has also been activated for this purpose.

The Prime Minister asserted that the implementation of GST from July 1st, is the culmination of the concerted efforts of all stakeholders, including political parties, trade and industry bodies. He described GST as a turning point for the economy, unprecedented in history. He directed officials that the creation of One Nation; One Market; One Tax would greatly benefit the common man. The Prime Minister also directed that maximum attention be paid to cyber-security in IT systems concerned with GST.

PIB

Be the first to comment - What do you think?  Posted by admin - June 5, 2017 at 6:19 pm

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15th Meeting of the GST Council to be held tomorrow, 3rd June, 2017

15th Meeting of the GST Council to be held tomorrow, 3rd June, 2017

Approval of amendments to the draft GST Rules and related forms and Finalisation of the rates of tax and cess on the remaining commodities are on the Agenda among others for tomorrow’s meeting.

The Union Minister for Finance, Defence and Corporate Affairs, Shri Arun Jaitley will chair the 15th Meeting of the GST Council scheduled to be held tomorrow, i.e., Saturday, 3rd June, 2017 at Vigyan Bhavan in the national capital. This meeting is important because it is likely to finalize the rates of tax and cess to be levied on the commodities remaining after the fitment exercise in the 14th GST Council Meeting. Besides it, approval of amendments to the draft GST Rules and related Forms are also on the agenda among others of the aforesaid one day meeting. The meeting is likely to be attended by the Finance Ministers of different States/UTs being the member of the GST Council along with the senior officers.

PIB

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The Union Finance Minister, Shri Arun Jaitley: Goods and Services Tax (GST) is an efficient tax system which not only checks tax evasion but also helps evolving India to become very strong society

The Union Finance Minister, Shri Arun Jaitley: Goods and Services Tax (GST) is an efficient tax system which not only checks tax evasion but also helps evolving India to become very strong society

FM inaugurates the National Academy of Customs, Indirect Taxes and Narcotics (NACIN) Campus in Bengaluru today

Inaugurating the National Academy of Customs, Indirect Taxes and Narcotics (NACIN) Campus in the Bengaluru today, the Union Finance Minister Shri Arun Jaitley said that Indirect Taxation regime in the country will play a key role and is undergoing a vital change.  He said that the present multiple taxation system is transformed into the Goods and Services Tax (GST) and all the taxes are amalgamated. Speaking further, the Finance Minister said that the new GST regime will come into effect from July 1, 2017. GST is an efficient tax system which not only checks tax evasion but it also help evolving India to become very strong society.

Speaking further on the occasion, the Finance Minister Shri Jaitley said that the new Indirect Tax is a product of federal India. He added that the Centre and the States will jointly administer and decide the taxes.  Coordination between taxation authority of Centre and States is also important. He said that the tax training academy NACIN, which has come-up in Bengaluru to impart training to officers of Central and State Governments and PSUs has to play a vital role.

Participating on the occasion, Smt.Vanaja N. Sarna, Chairperson, CBEC highlighted the contributions of NACIN.  Shri D.P.Nagendra Kumar, Principal Director General, NACIN, gave an overview of the new NACIN Complex.  Shri S.Ramesh, Member (Admn.), CBIC welcomed the dignitaries on this occasion while Shri P. K. Dash, Pr. Additonal Director General, NACIN, proposed vote of thanks.

PIB

Be the first to comment - What do you think?  Posted by admin - May 29, 2017 at 5:41 pm

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Proposed GST Tax rates would be lesser than the prevailing taxes in case of Sugar, Tea and Coffee

Proposed GST Tax rates would be lesser than the prevailing taxes in case of Sugar, Tea and Coffee (other than instant coffee) and Milk Powder; Present incidence of taxes on sugar is 8% while proposed GST rate on Sugar is only 5% i.e. 3% less;

Similarly, present incidence of taxes on Milk Powder, Tea and Coffee (other than instant coffee) is 7% while proposed GST rate on these items is only 5%.

Proposed GST Tax rates would be much lesser than the prevailing incidence of taxes in case of Sugar, Tea and Coffee (other than instant coffee) and Milk Powder. Details in this regard are as follows:

1. Sugar: Sugar attracts specific central excise duty of Rs.71 per quintal plus Sugar Cess of Rs.124 per quintal, which translates to ad valorem rate of more than 6%. Including incidence on account of account of CST, octroi, and entry tax etc., the present total tax incidence would work out to more than 8%. As against this, the proposed GST rate on sugar is only 5% i.e. 3% less than present incidence of taxes.

2. Tea and coffee (other than instant coffee): Tea and coffee attract Nil central excise duty and VAT rate of 5%. Considering embedded taxes in production of tea and coffee and the incidence on account of CST, octroi and entry tax etc., the present total tax incidence works out to more than 7%. As against this, the proposed GST rate for tea and coffee (other than instant coffee) is only 5%.

3. Milk powder: Milk powder attracts Nil central excise duty and 5% VAT. Considering embedded taxes in production of milk powder and the incidence on account of CST, octroi, and entry tax etc., the present total tax incidence works out to more than 7%. As against this, the proposed GST rate on milk powder is only 5%.

PIB

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