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GST Updates :

GSTR1 and GSTR3B continues till 31.03.2019

Due dates

Monthly GSTR1 - by 11th of next month (from July 18 to Mar 19)

Quarterly - 31Oct/31Jan/30Apr

GSTR3B - 20th of next month

GST AUDIT -IMPORTANT UPDATE :

1. As per section 16(4) of the GST Act a registered person shall not be eligible to take adjustment of any input tax credit in respect of any invoice pertaining to FY 2017-18 after the due date of filing GSTR3B for the month of September 2018 i.e 20th October 18.

2. Assesses should start with their GST Reconciliation and Audit as soon as possible to avoid any kind of input and output losses.

Key Decisions Of The GST Council Which Will Help Industry a Lot

1. Hotel industry GST To be charged on Transaction Value and Not On Declared Tariff.
2. E-Books- GST on supply of e-books has been reduced from 18 to 5%
3. Composite supply of multimodal transportation Prescribe GST rate of 12% with full ITC under forward charge
4. Fabric Manufacturer- Refund of accumulated credit on account of inverted duty structure to fabric manufacturers. Earlier Fabrics attract GST at the rate of 5% subject to the condition that refund of accumulated ITC on account of inversion will not be allowed.
5. Quarterly filing of return- for the small taxpayers having turnover below Rs. 5 Cr as an optional facility.
6. NIL return filers- (no purchase and no sale) shall be given facility to file return by sending SMS.
7. Composition Scheme- Turnover limit Increased from Rs. 1 crore to Rs. 1.5 crore.
8. Composition dealers to be allowed to supply services- (other than restaurant services), for upto a value not exceeding 10% of turnover in the preceding financial year, or Rs. 5 lakhs, whichever is higher.
9. If Payment Not Made in 180 Days From Date Of Invoice- ITC availed by the recipient will be reversed, but liability to pay interest is Removed
10. Consolidated credit/debit notes in respect of multiple invoices issued in a Financial Year can be raised
11. Supply of services to qualify as exports-, even if payment is received in Indian Rupees, where permitted by the RBI.
12. Transactions Not to be treated as Supply and therefore no Tax (under Schedule III):
a. Supply of goods from a place in the non-taxable territory to another place in the non-taxable territory without such goods entering into India;
b. Supply of warehoused goods to any person before clearance for home consumption; and
c. Supply of goods in case of high sea sales.
13. Scope of input tax credit is being widened- , and it would now be made available in respect of the following:
a. Most of the activities or transactions specified in Schedule III;
b. Motor vehicles for transportation of persons having seating capacity of more than thirteen (including driver), vessels and aircraft;  
c. Motor vehicles for transportation of money for or by a banking company or financial institution;
d. Services of general insurance, repair and maintenance in respect of motor vehicles, vessels and aircraft on which credit is available; and
e. Goods or services which are obligatory for an employer to provide to its employees, under any law for the time being in force.

Regards

GST Council Updates
1. Quarterly Returns approved for taxpayers with turnover less than Rs 5cr ( tax payments to continue on monthly basis)
2. Sanitary Napkins exempted from GST going forward
3. No decision on 1% sugar cess
4. GST on bamboo flooring reduced to 12%
5. GST on hotels would now be on actual tariff & not declares tariff
6. Ethanol for Oil Marketing Companies now at 5% vs 18% earlier
7. 5% GST ceiling on footwear raised from Rs 500 to Rs 1000
8. GST on paints & varnishes, wall putty cut from 28% to 18%
9. GST on all leather items cut from 28% to 18%
10. GST on consumer electronics - TV (up to 27"), Washing Machine, Refrigerator, mixer, juicer, grinder cut from 28% to 18%
11. GST on special purpose vehicles, work truck, trailer cut from 28% to 18%

List of all sections of GST, All Sections of Goods and Service Tax

Section 1 – Short Title, extent and commencement
Section 2 – Definitions
Section 3 – Officers under GST Act.
Section 4 – Appointment of officers.
Section 5 – Powers of officers under GST
Section 6 – Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances
Section 7 – Scope of supply under GST Regime
Section 8 – Tax liability on composite and mixed supplies
Section 9 – Levy and collection.
Section 10 – Composition levy
Section 11 – Power to grant Exemption
Section 12  – Time of Supply of Goods
Section 13 – Time of Supply of Services
Section 14 – Change in rate of tax in respect of supply of goods or services
Section 15 – Value of Taxable Supply
Section 16 – Eligibility and conditions for taking input tax credit
Section 17 – Apportionment of credit and blocked credits
Section 18 – Availability of credit in special circumstances
Section 19 – Taking input tax credit in respect of inputs and capital goods sent for job work.
Section 20 -Manner of distribution of credit by Input Service Distributor
Section 21 – Manner of recovery of credit distributed in excess
Section 22 – Persons liable for registration
Section 23 – Persons not liable for registration.
Section 24 – Compulsory registration in certain cases.
Section 25 – Procedure for registration.
Section 26 – Deemed registration
Section 27 – Special provisions relating to casual taxable person and non-resident taxable person.
Section 28 – Amendment of registration.
Section 29 – Cancellation of registration.
Section 30 – Revocation of cancellation of registration.
Section 31 – Tax invoice.
Section 32 – Prohibition of unauthorised collection of tax.
Section 33 – Amount of tax to be indicated in tax invoice and other documents.
Section 34 – Credit and debit notes.
Section 35 – Accounts and other records.
Section 36 – Period of retention of accounts.
Section 37 – Furnishing details of outward supplies.
Section 38 – Furnishing details of inward supplies.
Section 39 – Furnishing of returns.
Section 40 – First return.
Section 41 – Claim of input tax credit and provisional acceptance thereof.
Section 42 – Matching, reversal and reclaim of input tax credit.
Section 43 – Matching, reversal and reclaim of reduction in output tax liability
Section 44 – Annual return
Section 45 – Final return.
Section 46 – Notice to return defaulters
Section 47 – Levy of late fee.
Section 48 – Goods and services tax practitioners.
Section 49 – Payment of tax, interest, penalty and other amounts.
Section 50 – Interest on delayed payment of tax.
Section 51 – Tax deduction at source.
Section 52 – Collection of tax at source
Section 53 – Transfer of input tax credit.
Section 54 – Refund of tax.
Section 55 – Refund in certain cases
Section 56 – Interest on delayed refunds.
Section 57 – Consumer Welfare Fund
Section 58 – Utilisation of Fund.
Section 59 – Self assessment.
Section 60 – Provisional assessment.
Section 61 – Scrutiny of returns.
Section 62 – Assessment of non-filers of returns.
Section 63 – Assessment of unregistered persons.
Section 64 – Summary assessment in certain special cases.
Section 65 – Audit by tax authorities.
Section 66 – Special audit.
Section 67 – Power of inspection, search and seizure.
Section 68 – Inspection of goods in movement.
Section 69 – Power to arrest.
Section 70 – Power to summon persons to give evidence and produce documents.
Section 71 – Access to business premises
Section 72 – Officers to assist proper officers.
Section 73 – Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful misstatement or suppression of facts.
Section 74 – Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts.
Section 75 – General provisions relating to determination of tax.
Section 76 – Tax collected but not paid to Government.
Section 77 – Tax wrongfully collected and paid to Central Government or State Government.
Section 78 – Initiation of recovery proceedings.
Section 79 – Recovery of tax.
Section 80 – Payment of tax and other amount in instalments
Section 81 – Transfer of property to be void in certain cases.
Section 82 – Tax to be first charge on property.
Section 83 – Provisional attachment to protect revenue in certain cases.
Section 84 – Continuation and validation of certain recovery proceedings.
Section 85 – Liability in case of transfer of business.
Section 86 – Liability of agent and principal
Section 87 – Liability in case of amalgamation or merger of companies
Section 88 – Liability in case of company in liquidation.
Section 89 – Liability of directors of private company
Section 90 – Liability of partners of firm to pay tax.
Section 91 – Liability of guardians, trustees, etc.
Section 92 – Liability of Court of Wards, etc.
Section 93 – Special provisions regarding liability to pay tax, interest or penalty in certain cases.
Section 94 – Liability in other cases.
Section 95 – Definitions of ADVANCE RULING
Section 96 – Authority for advance ruling.
Section 97 – Application for advance ruling
Section 98 – Procedure on receipt of application
Section 99 – Appellate Authority for Advance Ruling
Section 100 – Appeal to Appellate Authority
Section 101 – Orders of Appellate Authority
Section 102 – Rectification of advance ruling.
Section 103 – Applicability of advance ruling.
Section 104 – Advance ruling to be void in certain circumstances.
Section 105 – Powers of Authority and Appellate Authority
Section 106 – Procedure of Authority and Appellate Authority
Section 107 – Appeals to Appellate Authority.
Section 108 – Powers of Revisional Authority.
Section 109 – Constitution of Appellate Tribunal and Benches thereof.
Section 110 – President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc.
Section 111 – Procedure before Appellate Tribunal.
Section 112 – Appeals to Appellate Tribunal.

Section 113 – Orders of Appellate Tribunal.
Section 114 – Financial and administrative powers of President.
Section 115 – Interest on refund of amount paid for admission of appeal.
Section 116 – Appearance by authorised representative.
Section 117 – Appeal to High Court
Section 118 – Appeal to Supreme Court.
Section 119 – Sums due to be paid notwithstanding appeal, etc.
Section 120 – Appeal not to be filed in certain cases.
Section 121 – Nonappealable decisions and orders.
Section 122 – Penalty for certain offences.
Section 123 – Penalty for failure to furnish information return.
Section 124 – Fine for failure to furnish statistics.
Section 125 – General penalty.
Section 126 – General disciplines related to penalty.
Section 127 – Power to impose penalty in certain cases.
Section 128 – Power to waive penalty or fee or both
Section 129 – Detention, seizure and release of goods and conveyances in transit.
Section 130 – Confiscation of goods or conveyances and levy of penalty
Section 131 –  Confiscation or penalty not to interfere with other punishments
Section 132 – Punishment for certain offences.
Section 133 – Liability of officers and certain other persons.
Section 134 – Cognizance of offences.
Section 135 – Presumption of culpable mental state.
Section 136 – Relevancy of statements under certain circumstances.
Section 137 – Offences by companies.
Section 138 – Compounding of offences.
Section 139 – Migration of existing taxpayers.
Section 140 – Transitional arrangements for input tax credit.
Section 141 – Transitional provisions relating to job work.
Section 142 – Miscellaneous transitional provisions.
Section 143 – Job work procedure.
Section 144 – Presumption as to documents in certain cases.
Section 145 – Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence.
Section 146 – Common Portal.
Section 147 – Deemed exports.
Section 148 – Special procedure for certain processes.

Section 149 – Goods and services tax compliance rating
Section 150 – Obligation to furnish information return.
Section 151  – Power to collect statistics.
Section 152 -Bar on disclosure of information
Section 153 – Taking assistance from an expert.
Section 154 – Power to take samples.
Section 155 – Burden of proof.
Section 156 – Persons deemed to be public servants.
Section 157 – Protection of action taken under this Act
Section 158 –Disclosure of information by a public servant.
Section 159 – Publication of information in respect of persons in certain cases.
Section 160 – Assessment proceedings, etc., not to be invalid on certain grounds.
Section 161 – Rectification of errors apparent on the face of record.
Section 162 – Bar on jurisdiction of civil courts
Section 163 – Levy of fee.
Section 164 – Power of Government to make rules
Section 165 – Power to make regulations.
Section 166 – Laying of rules, regulations and notifications.
Section 167 – Delegation of powers.
Section 168 – Power to issue instructions or directions.
Section 169 – Service of notice in certain circumstances.
Section 170 – Rounding off of tax, etc.
Section 171 – Antiprofiteering measure.
Section 172 – Removal of difficulties.
Section 173 – Amendment of Act 32 of 1994.
Section 174 – Repeal and saving.

Gst common portal has provided a functionality wherein a Tax Payer can resend welcome email in case he has not received it due to any technical issue in communication post authorized signatory reset.

How it works.....

1. Go to Track ARN Status and use the ARN which taxpayer has got during new registration or migration.

2. At the bottom there will be a link to "Resend Welcome Email".

3. Verify the email and mobile and submit.

4. Tax Payer will receive email on the mentioned email id.

Regards

10 Key Amendments Proposed in GST Laws

A whopping 46 amendments have been proposed in the GST Laws. All of these proposed amendments have been targeted to make compliances less cumbersome and to ensure ease of doing business. Comments from the stakeholder has been on invited on the proposal by July 15, 2018. Once the amendments are finalized by the Revenue Dept., they shall be moved to the GST Council for approval and to the legislators for enactment. These proposals are relating to the Supply, Reverse Charge, Composition Scheme, Input Tax credit, returns, etc. The key draft proposals for amendments to the GST Laws are enumerated below:

1. As per Section 9(4),a registered person is liable to pay GST under reverse charge on goods or services purchased from unregistered supplier. However, this provision has deferred till September 30, 2018. It has been proposed that only notified registered persons should be liable to pay GST under reverse charge mechanism to benefit the small and medium enterprises.

2. Presently, registered persons engaged in the supply of services (other than restaurant services)are not eligible for the composition scheme. Thus, manufacturers or traders couldn't opt for the scheme if they are engaged in supply of allied services even if they are negligible. Therefore, it has been proposed that composition scheme should be allowed even if proportion of 'Service' is upto 10% of total turnover in the preceding financial year or Rs. 5 lakhs, whichever is higher.

3. Changes in negative list of input tax credit has been proposed. It is proposed that input tax credit should be allowed for the taxes paid on following:
a) Supply of food, transport and insurance provided to employees if it is obligatory for the employer.
b) Purchase of motor vehicle if it used for transportation of money for or by a banking company or a financial institution.

4. It is proposed that ane-Commerce operator, who is not required to collect TCS, should be exempted from taking compulsory GST registration. In that case, the registration should be obtained only if other conditions are fulfilled, inter-alia, turnover exceeding the threshold limit, inter-State supply, etc.

5. At present, a credit or debit note can be issued only against its underlying invoice, which is quite cumbersome to correlate. Thus, it is proposed that parties should be allowed to issue consolidated credit or debit note to reduce the compliance burden for taxpayers.

6. Allow the taxpayers to amend the GST returns. This provision would enable the taxpayers to correct inadvertent mistakes by filing an amendment return.

7. Any department of the Central or State Govt. or Local Authority which is subject to audit by CAG should not be required to get their books of account audited by any Chartered Accountant or Cost Accountant irrespective of prescribed limit of Rs. 2 Crores.

8. As per the existing provisions, a person seeking registration shall be granted a single registration in a State or Union territory. However, if he has multiple business verticals in a State or Union territory, he may obtain separate registration for each business vertical. Now, it has been proposed that such persons should be allowed to obtain separate registration for his each place of business in a State or Union territory.

9. Once a registered person has applied for cancellation of GST registration, the proper officer should temporarily suspend its registration till the procedural formalities for cancellation are completed. This amendment would relieve the compliance burden of taxpayers.

10. In case of import of goods, by virtue of Circular No. 3/1/2018-IGST, Dated May 25, 2018, IGST would be payable only at the time of clearance of goods from Custom bonded warehouse for home consumption. This deferment of levy of GST is done so as to avoid the double taxation. It has been proposed that such situations should be mentioned as 'No Supply' in Schedule III of the CGST Act, 2017 itself.

W..e.f. 1/7/2018, no eway bill is required for intra state movement of goods in maharashtra if the value of goods is less than 1 lac.

Further no e way required in Maharashtra state for job work of Hank, yarn fabric, garments irrespective of amount of goods.

GST UPDATES

# GST: Inspection and verification of goods - time for recording of the final report in Part B of FORM EWB-03, may be extended for a further period not exceeding three days – N.N.28/2018-CT, dt.19.06.18.

# GST: Centralized registration in case of GTA - GST - a transporter who is registered in more than one State or UT having same PAN, may apply for a unique common enrolment number by submitting the details in FORM GST ENR-02 – N.N.28/2018-CT, dt.19.06.18.

# GST: Penalty - availing Input tax Credit (ITC) - fake & false invoices - burden of proving is squarely upon the Assessee not on Revenue - Bhavani Enterprises & Ors. Vs. ACCT (2018 (6) TMI 974 - Karnataka HC).
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