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SUMMARY BOOK MAY-2020

GST

Index Sr. No Chapters

1 GST In India

2 Supply Under GST

3 Levy And Collection Of Tax

4 Reverse Charge Mechanism

5 Composition Scheme

6 Time Of Supply

7 Value Of Supply

8 Input Tax Credit

9 Job work

10 Registration

11 Place Of Supply

12 Import, Export And Zero Rated Supply

13 Accounts And Records

14 Tax Invoice, Debit Note And Credit Note

15 Payment Of Tax

16 Returns Under GST

17 Assessment And Audit

18 TDS And TCS

19 Demands And Recovery

20 Liability To Pay In Certain Cases

21 Inspection

22 Offences And Penalties

23 Appeals And Revisions

24 Refund Under GST

25 Exemptions under GST

©Author

No part of this book may be reproduced, stored in a retrieval system, or distributed in any form, or by any means, electronic, mechanical, photocopying, recording, scanning, web or otherwise without the written permission of the author. Information and contents of this book have been collated with utmost care, caution and dedication in order to provide a reliable and comprehensive textual reference for readers. However, any mistake or errors that may have crept in due to any inadvertence does not impose any legal liability over the author.

1. Deficiencies in Earlier Tax Laws• Cascading effect of taxes on account of – (i) levy of non-VATABLE CST and, (ii) inclusion

of CENVAT in the value for imposing VAT.• No CENVAT after manufacturing stage• Non- integration of VAT & Service tax• Double taxation of a transaction as both goods and services.• Non – inclusion of several local levies in state VAT such as luxury tax, entertainment tax

etc.

2. Concept of GST• GST is a value added tax levied on manufacture, sale and consumption of goods and

services.• GST Provides comprehensive and continuous chain of tax credits from the producer / service

provider up to retail level / consumer level.• Each Person will get credit for the taxes paid at earlier stage. The consumer will bear the

final tax.• Since, only the value added at each stage is taxed under GST, there is no tax on tax or

cascading of taxes under GST system.• GST does not differentiate between goods and services thus, the two are taxed at single

rate.

3. AdministrationGST is a destination based tax applicable on all transactions involving supply of goodsand services for a consideration subject to exceptions thereof.

Inter State Supply

IGST - Levied and collected by Central

Govenrment

Intra State Supply

CGST - Levied and collected by Central

Government.

SGST- Levied and Collected by State

Govenrment.

UTGST - Levied and collected by Union

Territories without State legislators.

CHAPTER 1 “GST IN INDIA – AN INTRODUCTION”

For More Notes Visit: www.ClearIPCC.in/blog

mailto:[email protected]

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4. Major Taxes Subsumed and not Subsumed under GST are:Taxes to be Subsumed under GST

Taxes not Subsumed under GST Central Taxes to be subsumed

States Taxes to be Subsumed

Central Excise Duty VAT / Sales Tax Custom Duty Stamp Duty

Additional Excise Duty Luxury Tax on lottery, Betting

and Gambling Vehicle Tax

Service Tax Octroi and Entry Tax Excise on Liquor Additional Custom Duty (Commonly

Known as Countervailing Duty) Purchase tax

Tax on Sale and consumption of Electricity

Central Sales Tax States Surcharges and cesses so far they relate to supply of

goods and services Road Tax

Central Surcharges so far they relate to supply of goods and services

- Entertainment Tax (Levied by

Local Bodies)

5. Body of GST LawGST in India will comprise of:

• Central Goods and Service tax Act, 2017(CGST)• State Goods and Service tax Act, 2017(SGST) (for 29 States and 2 union territories :

Delhi and Pondicherry deemed to be states)• Union territory Goods and Service tax Act, 2017 (UTGST) (For Andaman and Nicobar,

Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and Chandigarh)• Integrated Goods and Service tax Act, 2017(IGST)• GST Compensation Act, 2017

6. GENESIS OF GST IN INDIAFrance was the First country to implement GST in 1954At Present, more than 160 Counties have implemented it.Dr Kelkar Task Force recommended the need of a national GST on 16-07-2004GST has been implemented cross India w.e.f 1st July 2017 GST in the state of Jammu & Kashmir came into force w.e.f. 8th July 2017



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7. Goods and Service Tax Portal : www.gst.gov.in – a website managed by Goods and ServicesNetwork (GSTN) Functions of GSTN Includes:

• Facilitating Registration• Forwarding the returns to central and state authorities• Computation and settlement of IGST• Matching of tax payment details with banking network• Providing analysis of tax payers profile and• Running the matching engine for matching, reversal and reclaim of input tax credit.8. Constitutional Amendments : Article 246: Subject Matter of laws made by parliament

and by the Legislature of States

Schedule VII

List I (referred as Union List): This list enumerates the matters in respect of which the parliament has an exclusive right to make law

List II (referred to State List): This list enumerates the matter in respect of which the legislature of any state has an

exclusive right to make laws.

List III (concurrent List): This list enumerates

matters in respect of which both the parliament & Legislature of any state

have power to make laws. Entry No

Items Entry No

Items Entry No Items

84

Duties of excise on the following goods manufactured or produced in India namely : (i) Petroleum Crude(ii) High Speed Diesel(iii) Motor Spirit (CommonlyKnown as Petrol)(iv) Natural Gas(v) aviation turbine fuel(vi)tobacco and tobaccoproducts

54

Taxes on sales of (i) Petroleum crude(ii) High Speed Diesel(iii) Motor Spirit (Commonly Knownas Petrol)(iv) Natural Gas(v) Aviation Turbine Fuel(vi) Alcoholic Liquor for humanconsumption.But Not including* Sale in course of inter - State tradeor commerce or* Sale in the course of internationaltrade or commerce of such goods.



http://www.gst.gov.in/

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On the following products GST shall not be levied, till a date to be notified on the recommendations of the GST Council.

Goods Production Sale Alcoholic Liquor for Human

Consumption (Completely outside GST)

State Excise VAT / CST

Petroleum Crude Central Excise VAT / CST High Speed Diesel Central Excise VAT / CST

Motor Spirit Central Excise VAT / CST Natural Gas Central Excise VAT / CST

Aviation Turbine Fuel Central Excise VAT / CST

Tobacco and Tobacco Products Central Excise GST

• Constitutional Amendment for GST: Insertion of new article Article 246A(1) Notwithstanding anything contained in articles 246 and 254, Parliament, and, subjectto clause (2), the Legislature of every State, have power to make laws with respect togoods and services tax imposed by the Union or by such State.

(2) Parliament has exclusive power to make laws with respect to goods and services taxwhere the supply of goods, or of services, or both takes place in the course of inter-Statetrade or commerce.

• “Article 279A”: Goods and Service tax Council

1 Constitution of GST Council

Article 279A of the constitution empowers the President of India to constitute a joint forum of the Centre and State namely, Goods & Service Tax Council (GST Council). The Provisions relating to GST council came into force on 12th Sept 2016. The President constituted the GST council on 15th Sept 2016.

2 Members of the

Chairperson - The Union Finance Minister Member - The Union Minister of State in charge of Revenue or

Finance.



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GST Council

Member - The Minister of charge of Finance or taxation or any otherMinister nominated by each state department

3 Vice Chairperson

The state Finance Minister shall choose one amongst themselves as Vice Chairperson of the council for such period as the case may decide.

4 Role of GST Council

Shall make recommendations to the union and the states on– (i) the taxes, cesses and surcharges levied by the Union, the states and

the local bodies which may be subsumed in the goods and service tax:(ii) the goods and services that may be subjected to or exempted from the

goods and service tax(iii) model of goods and Service Tax Laws, principles of levy, apportionment

of Goods and service Tax levied on supplies in the course of inter-statetrade or commerce under Article 269A and the principles that governthe place of supply

(iv) the threshold limit of turnover below which goods and services may beexempted from GST

(v) the rates including floor rates for a specified period, to raise additionalresources during any natural calamity or disaster

(vi) Special provision w.r.t Special categories states (10 States)(vii) Any other matter relating to the goods and services tax, as the council

may decide



1) Introduction to supply Under GST

The taxable event under GST is supply. The scope of supply under GST can be understood in terms of following parameters:

Supply should be of goods or be made

for a services

Supply should be of goods or be made

for a services consideration

Supply should be made in the

course or furtherance of

business

Supply should Supply should be made by a be a taxable person

Supply should Supply should be made by a be a taxable

person

The discussion with respect to supply is broadly categorised into following:

✓ Goods means• Every kind of movable property• other than money and securities• But includes actionable claim, growing crops, grass and things attached to or

forming part of the land which are agreed to be severed before supply or under acontract of supply.

Supply

Includes7

7(1)(a): All forms of supplies made or agreed to be made for a consideration in the course or furtherance of

business

7(1)(b): Import of service for a consideration

whether or not in the course or furtherance of

business

7(1)(c) :

Activitoes specified in Schedule 1

made without a consideration

7(1A) IF Supply as per

7(1) , Whether

aupply of G/S as referred in Schedule II

Excludes

Activites not to be treated as supply of

goods /services -reffered in Schedule III

Supply under GST CHAPTER 2



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✓ Services means• anything other than goods, money and securities• but includes activities relating to the use of money or its conversion by cash or

by any other mode, from one form, currency or denomination, to another form,currency or denomination for which a separate consideration is charged.‘Explanation – For the removal of doubts, it is hereby clarified that theexpression “services” includes facilitating or arranging transactions in securities;’

Author’s Analysis on Goods & Services

Particulars Comments Deposit or Withdrawal of money from

Bank Transaction in money i.e neither good nor services

Processing fees It is a supply of service (Sep Consideration ) Conversion of currency Transaction in money

Commission for conversion of currency It is supply of service ( Sep Consideration) Sale or purchase of stock, shares,

Derivate Transaction in securities i.e. neither goods nor

service

Actionable claims Goods, However as per schedule III, Actionable

claim other than lottery, betting and gambling is neither supply of goods or services

Service charges or service fees or documentation fees or broking charges

For provision of service and chargeable to GST.



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Supply for consideration in course or furtherance of business [Section 7(1)(a)]

Importation of services for consideration whether or not in course or furtherance of business [Section 7(1)(b)] Supply should be in course or furtherance of business. The exception to said rule is import of services is deemed as supply even if the same has been imported not in course/furtherance of business.

Supply without consideration - Deemed Supply [Section 7(1)(c) read with Schedule I]

As per Schedule I, in the following four cases, supplies made without consideration will be treated as supply under section 7 of the CGST Act:

Supply for consideration in

course or furtherance of

business [Section 7(1)(a)]

For Considerationin the course or furtherance of

business

Import of Services

With Consideration

In course or furtherance of

Business.

Taxable

Not in the course or furtherance of

Business

Taxable as per 7(1)(b) but exempted via notiifation

Without Consideration

From Related Person / Distinct Person + in

the course or furtherance of Business

Taxable

Other Person

Not Taxable



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o Permanent Transfer/Disposal of Business Assets

o Supply between related persons or distinct persons

o Supply between principal and agent :

By a principal to his agent where the agent undertakes to supply such goods on behalf of the principal; or

Permanently transferred/disposed

Input Tax Credit availed Business Assets

In course or furtherance of business

Not supply

Employer

Supply of goods or services Related Person 2 Related Person 1

Employee

supplies goods

supplies goods on behalf of principal

Agent Principal

Deemed Supply

Third person



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• By an agent to his principal where the agent undertakes to receive suchgoods on behalf of the principal.

o Importation of services: Import of services by a taxable person from a relatedperson or from any of his other establishments outside India, in the course orfurtherance of business.Effect of above amendment :This amendment is to ensure that import of services byentities which are not registered under GST (for instance, who are only makingexempted supplies), but are otherwise engaged in business activities is taxed whenreceived from a related person or from any of their establishments outside India.

Activities or transactions to be treated as Supply of goods or Supply of services [Section 7(1A) read with Schedule II]

Sr No Activity / Transaction Type

Supply of Goods / Service

1 Transfer

(i) Title in goods(ii) Title in goods under an agreement that property shall pass ata future date.

Goods

Right/undivided share in goods without transfer of title in them Services

2 Land and Building

Lease, tenancy, easement, licence to occupy land

Services Lease/letting out of building including a commercial/ industrial/ residential complex for business/ commerce, wholly/ partly.

3 Treatment or Process Applied to another person’s goods Services

Principal

Deemed

Supply supplies goods to principal

Agent receives goods on behalf of principal

AgentThird Person



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4 Transfer of Business Asset

Goods forming part of business assets are transferred/disposed off by/under directions of person carrying on business so as no longer to form part of those assets, whether or not for consideration

Goods

Goods held/used for business are put to private use or are made available to any person for use for any purpose other than business, by/under directions of person carrying on the business, whether or not for consideration

Services

Goods forming part of assets of any business carried on by a person who ceases to be a taxable person, shall be deemed to be supplied by him, in the course or furtherance of his business, immediately before he ceases to be a taxable person. Exceptions: Business transferred as a going concern. Business carried on by a personal representative who is deemed to be a taxable person

Goods

5

Renting of immovable property

Services

Construction of complex, building, civil structure, etc. Temporary transfer or permitting use or enjoyment of any intellectual property right Development, design, programming, customisation, adaptation, up gradation, enhancement, implementation of IT software Agreeing to obligation to refrain from an act, or to tolerate an act or situation, or to do an act. Transfer of right to use any goods for any purpose

6

Following composite supplies:- Works contract services. Supply of goods, being food or any other article for human consumption or any drink.

Services

7 Supply of goods by an unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration. Goods



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Negative list under GST [Section 7(2)(a) read with Schedule III]

Sr No Activities or transactions which shall be treated neither as a supply of goods nor a supply of services

1 Services by an employee to the employer in the course of or in relation to his employment. 2 Services by any court or Tribunal established under any law for the time being in force.

3

(a) Functions performed by the Members of Parliament, Members of State Legislature,Members of Panchayats, Members of Municipalities and Members of other local authorities;(b) Duties performed by any person who holds any post in pursuance of the provisions ofthe Constitution in that capacity; or (c) Duties performed by any person as a Chairperson or a Member or a Director in a bodyestablished by the Central Government or a State Government or local authority and who isnot deemed as an employee before the commencement of this clause.

4 Services of funeral, burial, crematorium or mortuary including transportation of the deceased. 5 Sale of land and, subject to paragraph 5(b) of Schedule II, sale of building. 6 Actionable claims, other than lottery, betting and gambling.

7 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

8(a) Supply of warehoused goods to any person before clearance for home consumption

8(b) Supply of goods by the consignee to any other person, by endorsement of documents of title to the goods, after the goods have been dispatched from the port of origin located outside India but before clearance for home consumption.

Composite and mixed supplies What is Composite Supply What is Mixed Supply

Section 2 (30), of CGST Act, 2017 ✓ Composite supply means a supply made by a taxable

person to a recipient and✓ Comprises of two or more taxable supplies of goods

or services or both, or any combination thereof: ✓ Are naturally bundled and supplied in conjunction

with each other, in the ordinary course of business and one of which is principal supply.

✓ The elements in a composite supply are dependenton the ‘principal supply’.

Section 2(74), of CGST Act, 2017. ✓ Mixed Supply Means✓ Two or More individual supplies of goods or

services, or any combination thereof ✓ Made in conjunction with each other✓ By a taxable Person✓ For a single Price✓ Where such Supply doesn’t constitute

Composite Supply

Example: Charger supplied along with mobile phones. Example: A gift pack comprising of choclates, candies, sweets and balloons.



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Significant Notifications/Circulars: 1) Clarification on various doubts related to treatment of sales promotion schemes under GST:

Buy one get one free offer : Taxability of such supply will be dependent upon as to whetherthe supply is a composite supply or a mixed supply and the rate of tax shall be determined asper the provisions of section 8 of the CGST Act.

2) Clarification on scope of principal and agent relationship under Schedule I of CGST Act in thecontext of del-credere agent (DCA)

Issue 1 : Whether a DCA falls under the ambit of agent under Para 3 of Schedule I of theCGST Act?

Where the invoice for supply of goods is issued by the supplier to the customer, either himselfor through DCA, the DCA does not fall under the ambit of agent.

Where the invoice for supply of goods is issued by the DCA in his own name, the DCA would fallunder the ambit of agent.

Issue 2 : Whether the temporary short-term transaction-based loan extended by the DCA tothe recipient (buyer), for which interest is charged by the DCA, is to be included in the value ofgoods being supplied by the supplier (principal) where DCA is not an agent under Para 3 ofSchedule I of the CGST Act?

Where the DCA is not an agent under Para 3 of Schedule I of the CGST Act, the temporaryshort-term transaction based loan being provided by DCA to the buyer is a supply of serviceby the DCA to the recipient on principal to principal basis and is an independent supply.

Therefore, interest being charged by the DCA would not form part of the value of supply of goodssupplied (to the buyer) by the supplier.

Issue 3: Whether DCA is an agent under Para 3 of Schedule I of the CGST Act and makes paymentto the principal on behalf of the buyer and charges interest to the buyer for delayed payment alongwith the value of goods being supplied, whether the interest will form part of the value ofsupply of goods also or not?

In cases where the DCA is an agent under Para 3 of Schedule I of the CGST Act, the temporaryshort-term transaction based credit being provided by DCA to the buyer no longer retains itscharacter of an independent supply and is subsumed in the supply of the goods by the DCA to therecipient. It is emphasised that the activity of extension of credit by the DCA to the recipientwould not be considered as a separate supply as it is in the context of the supply of goodsmade by the DCA to the recipient.

Value of the interest charged for such credit would be required to be included in the value ofsupply of goods by DCA to the recipient as per section 15(2)(d) of the CGST Act.



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3) Service by way of grant of alcoholic liquor license is neither a supply of goods nor a supply ofservice

Government has notified the following activity or transaction undertaken by the StateGovernments in which they are engaged as public authorities, to be treated neither as a supplyof goods nor a supply of service, namely:-

Service by way of grant of alcoholic liquor licence, against consideration in the form oflicence fee or application fee or by whatever name it is called”

It may be noted that services provided by the Government to business entities including by way ofgrant of privileges, licences, mining rights, natural resources such as spectrum etc. against paymentof consideration in the form of fee, royalty etc. are taxable under GST. Tax is required to be paidby the business entities on such services under reverse charge

4) Clarification in respect of goods sent/ taken out of India for exhibition or on consignment basisfor export promotionIt is, accordingly, clarified that the activity of sending/ taking the goods out of India for exhibitionor on consignment basis for export promotion, do not constitute supply as the said activity doesnot fall within the scope of section 7 of the CGST Act as there is no consideration at that pointin time, except when such activity satisfy the tests laid down in Schedule I of the CGST Act.

Since such activity is not a supply, the same cannot be considered as “Zero rated supply” asper the provisions contained in section 16 of the IGST Act. . That being the case, execution ofa bond or LUT, as required under section 16 of the IGST Act, is not required

If the specified goods are sold abroad, fully or partially, within the specified period of 6 months

Issue a tax invoice in respect of such quantity of specified goods which has been sold abroad

When the specified goods sent / taken out of India have neither been sold nor brought back, either fully or partially, within the stipulated period of 6 months

Issue a tax invoice on the date of expiry of6 months from the date of removal of such quantity of specified goods which have neither been sold nor brought back

5) Levy of GST on the service of display of name or placing of name plates of the donor in thepremises of charitable organisations receiving donation or gifts from individual donorsWhen the name of the donor is displayed in recipient institution premises, in such a manner,which can be said to be an expression of gratitude and public recognition of donor’s act ofphilanthropy and is not aimed at giving publicity to the donor in such manner that it would be anadvertising or promotion of his business, then it can be said that there is no supply of service



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for a consideration (in the form of donation). There is no obligation (quid pro quo) on part of recipient of the donation or gift to do anything (supply a service). Therefore, there is no GST liability on such consideration.

GST will not be levied on consideration received namely: -

✓ The gift or donation is made to a charitable organization,✓ The payment has the character of gift or donation and✓ The purpose is philanthropic (i.e. it leads to no commercial gain) and not

advertisement



Extent and Commencement of CGST Act / SGST Act / UTGST Act / IGST Act

Applicability Intra State Supply Inter State

Supply CGST SGST UTGST IGST

States of India Yes Yes Yes Union Territories with State legislature (i.e. Delhi and

Puducherry) Yes Yes Yes

Union Territories without State legislature (i.e. Andaman & Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, Chandigarh and

other Territory)

Yes Yes Yes

Levy and collection of CGST / IGST

Particulars CGST IGST

Levied on Intra-State supplies of goods/services/both

Inter-State supplies of goods/services/both

Collected and paid by Taxable Person Supply outside purview

of tax Alcoholic liquor for human consumption

Value for levy Transaction value under section 15 of the CGST Act

Rates Rates as notified by Government. Maximum rate of CGST will be 20 %

IGST rate= CGST rate + SGST rate (more or less) Maximum rate of IGST

will be 40%.

Supplies on which tax to be levied

w.e.f. a notified date(Memory Tech: PHMNA)

• petroleum crude• high speed diesel• motor spirit (commonly known as petrol)• natural gas and• aviation turbine fuel

Tax payable under reverse charge

• Supply of goods or services or both, notified by the Government on therecommendations of the GST Council.

• Supply of taxable goods or services or both by an unregistered supplier toa class of registered person for specified category of goods or services.

Tax payable by the electronic commerce

operator.

The Government may notify specific categories of services the tax on supplies of which shall be paid by electronic commerce operator (ECO) as if such services are supplied through it.

Levy and Collection of Tax CHAPTER 3



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If the ECO is located in taxable territory Person liable to pay tax is the ECO

If the ECO does not have physical presence in the taxable territory

Person liable to pay tax is the person representing the ECO

If the ECO has neither the physical presence nor any representative in

the taxable territory

Person liable to pay tax is the person appointed by the ECO for the

purpose of paying the tax

Goods Imported into India No CGST and SGST/UTGST payable.

IGST Shall be levied and collected on import of goods as per the section 3

of the custom tariff Act, 1975

What is an Economic Commerce Operator (ECO) Electronic Commerce Operator has been defined in Sec. 2(45) of the CGST Act, 2017 to mean any person who owns, operates or manages digital or electronic facility or platform for electronic commerce. Notification No. 17/2017 CT (R) dated 28.06.2017/ Notification No. 14/2017 IT (R) dated 28.06.2017 as amended has notified the following categories of services supplied through ECO for this purpose –

• Services by way of transportation of passengers by a radio- taxi, motor cab, maxi cab andmotor cycle.

• Services by way of providing accommodation in hotels, inns, guest houses, clubs, campsites orother commercial places meant for residential or lodging purposes except Registered person

• Services by way of house-keeping, such as plumbing, carpentering except registered personetc.



1) Liability to pay tax by the recipient of supply of goods or services or both instead of thesupplier of such goods or services

2) Difference between Forward charge and Reverse charge mechanism:

Payment of Tax under Forward Charge Payment of Tax under Reverse Charge

Here person making taxable supply i.e. Supplier is liable to pay tax on taxable supply being made.

Here recipient of Taxable supply is liable to pay tax on taxable supply being received.

3) Relevant section under reverse charge mechanism

Section Particulars

9(3) of CGST Act, 2017

Liability for payment of tax under Reverse Charge in notified cases • RCM in case of goods: Cashewnuts[not shelled/peeled], bidi

wrapper leaves, tobacco leaves, supply of lottery, silkyarn,used vehicles, seized and confiscated goods, old and usedgoods, waste and scrap, raw cotton, etc.

• RCM in case of services: Notification No. 13/2017 CT (R)dated 28.06.2017 as amended has notified the followingcategories of supply of services wherein whole of the CGSTshall be paid on reverse charge basis by the recipient ofservices.

9(4) of CGST Act, 2017 Reverse Charge in case of supply by Unregistered to class of Registered person in respect of specified category of goods or services.

Reverse charge Mechanism

Person making Taxable Supply

Recipient of Taxable Supply

Person making Taxable Supply

Recipient of Taxable Supply

Government Government

CHAPTER 4



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4) Services as per notification no 13/2017 and chargeability as per RCM provisions CGST PurposesSr. No Category of

supply of service

Supplier of

service

Person liable to pay tax & Recipient of Service

1

GTA who has not paid CGST 6% & SGST 6% GST in respect of transportation of goods by road.

Goods Transport Agency (GTA)

(a) factory or(b) society or(c) co-operative society or(d) any person registered under the CGST Act or the IGST Actor the SGST Act or the UTGST Act; or(e) body corporate or(f) any partnership firm or(g) any casual taxable person.Located in taxable territory

Amendment in RCM Provision applicable to GTA: RCM shall not apply to services provided by a GTA, by way of transport of goods in a goods carriage by road to-

(a) a Department/establishment of the CG/SG/UT or

(b) local authority; or

(c) Governmental agencies,

which has taken registration under the CGST Act only for the purpose of deducting tax under section 51 and not for making a taxable supply of goods or services.



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Analysis of Exemption and taxability of GTA Services

Sr. No Category of supply of service Supplier of service Person liable to pay tax & Recipient of

Service

2

Services supplied by an individual advocate including a senior advocate by way of representational services before any court, tribunal or authority, directly or indirectly, to any business entity located in the taxable territory, including where contract for provision of such service has been entered through another advocate or a firm of advocates, or by a firm of advocates, by way of legal services, to a business entity.

An individual advocate including a senior

advocate or firm of

advocates.

Any business entity located in the taxable territory.

GTA Services

Payment of GST @ 5% without ITC to GTA

Recipeint is Registered

Taxable under Reverse

Charge and Recipient is liable to pay tax.

Recipient is Unregistered

To Dept of CG/SG/UT/

LA/GA taken reg for tax

deduction:Not liable for RCM and is exempt

Other than

Notified Recipie

nt

It is Exempt

Payment of GST @ 12% with full ITC to GTA


Taxable under

Forward charge & GTA is liable to pay tax.


Notified recipeint. E.g.

Factory, Society Etc.

Taxable under Forward charge and GTA is liable to pay

tax.

Other than

Notified Recipient

It is Exempt



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3 Services supplied by an arbitral tribunal to a business entity.

An arbitral tribunal. Any business entity located in the taxable territory.

4 Services provided by way of sponsorship to body corporate or partnership firm.

Any person Any body corporate or partnership firm located in the taxable territory.

5

Services supplied by the • CG,SG,• Union territory or• local authorityto a business entity excluding, -(1) renting of immovable property,and(2) services specified below-(i) services by the Department of

Posts by way of speed post, expressparcel post, life insurance, andagency services provided to a personother than CG, SG or Union territoryor local authority;(ii) Services in relation to an aircraftor a vessel, inside or outside theprecincts of a port or an airport(iii)Transport of goods or passengers.

• CG , SG• Union territory or

local authority

Any business entity located in the taxable territory

5A

Services supplied by CG, SG, Union territory/ local authority by way of renting of immovable property to a person registered under CGST Act, 2017

• CG , SG• Union territory or

local authorityAny person registered under the CGST Act, 2017



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5B (Newly

Inserted)

Services supplied by any person by way of transfer of development rights or Floor Space Index (FSI) (including additional FSI) for construction of a project by a promoter

Any person Promoter

5C (Newly

Inserted)

Long term lease of land (30 years or more)by any person against consideration in the form of upfront amount (called as premium, salami, cost, price, development charges or by any other name) and/or periodic rent for construction of a project by a promoter.

Any person Promoter

6

Services supplied by a director of a company/ body corporate to the said company/ body corporate.

A director of a company or a body corporate

The company or a body corporate located in the taxable territory.

7 Services supplied by an insurance agent An insurance agent

Any person carrying on insurance business, located in the taxable territory.

8 Services supplied by a recovery agent A recovery agent

A banking company or a financial institution or a non-banking financial company (NBFC), located in the taxable territory.

9

Supply of services • by an author, music composer,photographer, artist or• the like by way of transfer orpermitting use or

Author or music composer, photographer,

artist, or the like Publisher, music company, producer or



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• enjoyment of a copyright coveredunder section 13(1)(a) of theCopyright Act, 1957 relating

to original literary, dramatic, musical or artistic works to a publisher, music company, producer or the like.

the like, located in the taxable territory

9A

Supply of services by an author by way of transfer or permitting the use or enjoyment of a copyright covered under clause (a) of sub section (1) of section 13 of the Copyright Act, 1957 relating to original literary works to a publisher

Author Publisher located in

the taxable territory

However, an author can choose to pay tax under forward charge if- • he has taken registration under the CGST Act and filed a declaration, that he exercises the option to pay

CGST on the said service under forward charge and that he shall not withdraw the said option within aperiod of 1 year from the date of exercising such option;

• he makes a declaration on the invoice issued by him in prescribed form to the publisher

10 Supply of services by the members of Overseeing Committee to Reserve

Members of Overseeing Committee constituted RBI

Current scenario for services by Author to publisher

Option 1

Taxable under RCM basis

Publisher is liable to pay tax

Option 2

Taxable under forward charge basis

Author is liable to pay tax subject to fulfiullment of

certain conditions



Summary Book

Bank of India (RBI) by RBI

11

Services supplied by individual Direct Selling Agents (DSAs) other than a body corporate, partnership or limited liability partnership (LLP) firm to bank or non-banking financial company (NBFCs).

Individual Direct Selling Agents (DSAs) other than a body corporate, partnership or LLP firm

A banking company or a NBFC, located in the taxable territory

12 Services provided by Business facilitator to a banking company [Effective from 01.01.2019]

Business facilitator A banking company, located in the

taxable territory

13 Services provided by an agent of business correspondent to business correspondent.

An agent of business correspondent

A business correspondent, located

in the taxable territory

14

Security services (services provided by way of supply of security personnel) provided to a registered person. However, nothing contained in this entry shall apply to:

(i) (a) a Department establishmentof CG or SG or UT or(b) local authority or(c) Governmental agencies;

which has taken registrationunder the CGST Act only forthe purpose of deductiontax under section 51

of the said Act and not formaking a taxable supply ofgoods or services or

(ii) a registered person paying taxunder composition scheme.

[Effective from 01.01.2019]

Any person other than a body corporate

A registered person, located in the

taxable territory.



Summary Book

15 Services provided by way of renting of a motor vehicle provided to a body

corporate

Any person other than a body corporate, who is paying CGST @ 2.5% on renting of motor vehicles with input tax credit only of input service in the same line of business

Anybody corporate located in the

taxable territory

16

Services of lending of securities under Securities Lending Scheme, 1997 (“Scheme”) of Securities and Exchange Board of India, as amended

Lender i.e., a person who deposits the securities registered in his name or in the name of any other person duly authorized on his behalf with an approved intermediary for the purpose of lending under the scheme of SEBI

Borrower i.e., a person who borrows the securities under the Scheme through an approved intermediary of SEBI

Clarification regarding taxability of supply of securities under Securities Lending Scheme, 1997: Under the Scheme, lender of securities lends to a borrower through an approved intermediary to a borrower under an agreement for a specified period with the condition that the borrower will return equivalent securities of the same type or class at the end of the specified period along with the corporate benefits accruing on the securities borrowed.. There is anonymity between the lender and borrower since there is no direct agreement

Security services

Any person other than

body corparate

Composition dealer

Forward charge

Registered person other than

composition deals

Reverse Charge

CG, SG, UT, LA Gov agent which are

Registered deduct tax U/S 51

Forward charge

Body corporate

Forward charge



Summary Book

between them. The lenders earn lending fee for lending their securities to the borrowers. The security lending mechanism is depicted in the diagram below: -

The lending fee charged from the borrowers of securities has the character of consideration and this activity is taxable in GST since 01.07.2017. Apart from above, the activities of the intermediaries facilitating lending and borrowing of securities for commission or fee are also taxable separately.

Taxability of lending fees charged by lender to borrower:

01.07.2017 to 30.09.2019 ✓ GST is payable under forward charge by the lender✓ Request may be made by the lender (supplier) to SEBI to

disclose the information about borrower for dischargingGST under forward charge.

✓ The nature of tax payable shall be IGST.from 1st October 2019 ✓ Borrower of securities shall be liable to discharge GST

under reverse charge mechanism.✓ The nature of GST to be paid shall be IGST under reverse

charge mechanism.

IGST Purposes Sr. No Category of supply of service Supplier of service Person liable to pay tax &

Recipient of Service

1.

Any service supplied by any person who is located in a non-taxable territory to any person other than non-taxable online recipient.

Any person located in a non- taxable territory

Any person located in the taxable territory other than non-taxable

online recipient

2.

Services supplied by a person located in non-taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India

A person Located in non-Taxable

Territory

Importer, located in the taxable territory.



✓ Taxable Supply : Supply of G/S which is leviable to tax✓ Exempt Supply : Supply of G/S (NIL Rate of tax + wholly exempt from tax + non-taxable

supply)✓ Non-Taxable Supply : Supply of G/S which is not leviable to tax✓ Eligibility:

Supplier Aggregate Turnover Other than Special category States Rs. 1.5 Crore in Preceding FY

In Special Category States Rs. 75 Lakhs in Preceding FY Special category states (Memory Technique: MMMATS-UN)

Meghalaya Mizoram Manipur

Arunachal Pradesh Nagaland Tripura

Sikkim Uttarakhand

Note: In case of Himachal Pradesh, Assam & Jammu and Kashmir, the eligibility limit of

turnover will be Rs. 1.5 crore

✓ Composition RatesSec 10(1) Category of Registered Persons Rate (CGST+SGST)

(a) Manufacturer 1% of T/O in state or UT (b) Supplier of Food (i.e. Restaurant services) 5% of T/O in state or UT (c) Traders 1% of T/O of Taxable supplies of

goods and services in the state or UT

A person who opts to pay tax under clause (a), (b) or(c) may supply services (other than Restaurant services), of value not exceeding

✓ 10% of turnover in a State or UT in the preceding financial year or✓ 5 lakhs rupees,

whichever is higher

Note : While computing value of services [other than restaurant services] as referred in second proviso to section 10(1), interest on loans/deposit/advances will not be taken into account.

Composition Scheme CHAPTER 5



Summary Book

“Turnover in State” or “Turnover in Union Territory”

"turnover in State” or “turnover in Union territory” means the aggregate value of • all taxable supplies(excluding inward supplies on which tax is payable under RCM and• exempt supplies made within a State or Union territory by a taxable person,• exports of goods or services or both and• inter-State supplies of goods or services or both made from the State or Union territory

by the said taxable person• but excludes central tax, State tax, Union territory tax, integrated tax and cess

✓ Aggregate Turnover

Includes Excludes Taxable Supplies CGST Exempt Supplies SGST

Exports UTGST Inter State Supplies IGST

of persons having the same PAN be computed on all India basis

Compensation Cess Value of inward supplies on which tax is

payable under reverse charge

✓ Composition Scheme – Procedure

Category of Persons How to exercise option Effective date of composition levy

New registration under GST Intimation in the registration form

From the effective date of registration

Registered person opting for composition levy

Intimation in prescribed form Beginning of the financial year



Summary Book

✓ Composition other Aspects

Conditions Tax is not collected from recipient of supply Input tax credit is not availed Composition Scheme if availed shall include all registered persons having same PAN

Non- Eligible Supplies (a)Save as provided in 10(1), he is not engaged in the supply of services i.e.

✓ Either he is not at all engaged in supply of services other than restaurant services or✓ In case he supplies services other than restaurant services, value of such services does

not exceed 10% of the turnover in a State/Union Territory in the preceding financialyear or ` 5 lakh, whichever is higher.

Supplier of Goods which are not taxable under the CGST / SGST / UTGST Act Supplier of Inter - State outward supplies of goods Person supplying goods through an electronic commerce operator Manufacturer of certain goods as may be notified by the Government

✓ Ice cream & other edible ice whether or not containing cocoa,✓ Pan masala,✓ Tobacco and manufactured tobacco substitutes✓ Manufacturer of aerated water

Conditions and Restrictions He is neither a casual taxable person nor a non- resident taxable person Stock has not been purchased from an unregistered supplier, where purchased tax paid under reverse charge He shall pay tax under section 9(3)/9(4) (reverse charge) on inward supplies He is not engaged in manufacturer of notified goods Words “Composition taxable person, not eligible to collect tax on supplies” is mentioned at the top of the bill of supply Words "Composition taxable person" displayed at prominent places

Option to pay concessional tax @ 3% A RP whose AT in PFY is upto 50 lakh and who is not eligible to pay tax under composition scheme ta pay tax @3% on first supplies of goods and/or services upto an aggregate turnover of ` 50 lakh made on/after 1st April in any FY, subject to specified conditions

A RP whose AT in the PFY does not exceed ` 50 lakh and:

✓ Who is exclusively engaged in supplying services other than restaurant services,or

✓ Who is engaged in supply of services [other than restaurant services] along withsupply of goods and/ or restaurant services of value exceeding `5 lakh in current FY.



Summary Book

Conditions:

Supplies are made by a registered person who is:

1. Not engaged in making non-taxable supply.

2. Not engaged in making any inter-State outward supply

3. Neither a CTP nor NRTP.

4. Not engaged in making supply through ECO who is required to collect TCS u/s 52.

5. Not engaged in making supplies of notified goods, namely, ice cream and other edibleice, whether or not containing cocoa, Pan masala and Tobacco and manufacturedtobacco substitutes, supplier of aerated water

6. Shall not collect any tax from the recipient on supplies made by him nor shall hebe entitled to any credit of input tax.

7. The registered person shall issue a bill of supply instead of tax invoice.

First Supplies of goods or services or both:

For determining eligibility of a person to pay tax under this notification

For the purpose of determination of tax payable under this notification

Include the supplies from 1st April of a FY to the date from which he becomes liable for registration under the said act

Shall not include the supplies from the first day of April of a financial year to the date from which he becomes liable for registration under the Act.

Other significant points:

1. More than 1 RP having same PAN, GST on supplies by all such RP @3%

2. RP opting to pay CGST@ 3% under this notification shall be liable to pay: -

3. In computing aggregate turnover in order to determine eligibility of a registered personto pay central tax @ 3% under this notification, value of supply of exempt servicesby way of extending deposits, loans or advances in so far as the consideration isrepresented by way of interest or discount, shall not be taken into account.

4. Where any registered person who has availed of ITC opts to pay tax under thisnotification, he shall pay an amount, by way of debit in the electronic credit ledger

CGST @ 3% on all outward supplies CGST on inward supplies

First supplies of goods or services or both upto an aggregate turnover of `50 lakh made on or after the 1st April in any FY

On which he is liable to pay tax under section 9(3)/9(4) (reverse charge) at the applicable rates.



Summary Book

or electronic cash ledger, equivalent to the

✓ ITC in respect of inputs held in stock and

✓ Inputs contained in semi-finished or

✓ Finished goods held in stock and

✓ On capital goods

The balance of input tax credit, if any, lying in his electronic credit ledgershall lapse.

Example : Mr. Siddhant is a service provider and not a registered person during Financial Year 2018-19. From 1st April 2019 to September 2019, he achieves the aggregate turnover of Rs. 20 Lakhs and is liable for registration under GST Laws w.e.f. 1st October 2019. From October 2019 to December 2019, he made outward supply of Rs. 30 Lakhs. And, from Jan 2020 to March 2020, he made outward supply of Rs. 15 lakh. Determine the eligibility of levy of concessional rate under Notification No. 2/2019-Central Tax (Rate) Dated 7th March 2019 of 6% ?

Answer : His turnover of Rs 50. Lakh for recognising his benefit under this scheme {Notification No. 2/2019-Central Tax (Rate) Dated 7th March 2019} will be counted from 1st April 2019. However, tax under this scheme shall be payable only for the supplies made during October 2019 to December 2019 (i.e. on Rs. 30 lakhs). As the limit of Rs. 50 Lakhs under this scheme exhausted till 31st December 2019 (i.e. Rs. 20 Lakhs before registration and Rs. 30 Lakhs after registration), hence, from 1st January 2019 onwards, tax shall be payable under normal provisions of GST as applicable for regular dealer.



1) Time Of Supply Where Tax Is Payable Under Forward Charge

Time of supply of goods [Section 12(2)] Time of supply of services [Section 13(2)]

Earliest of the following: • Date of issue of invoice by the supplier

or the last date on which he isrequired, to issue the invoice undersection 31 with respect to the supply

• Date on which the supplier receives thepayment (entering the payment inbooks of account or crediting ofpayment in bank account, whichever isearlier) with respect to the supply

No GST on advances received for supply of goods: In case of supply of goods by a registered person (excluding composition supplier), GST is to be paid on the outward supply of goods on the date of issue of invoice or the last date on which invoice ought to have been issued in terms of section 31 [Notification No. 66/2017 CT dated 15.11.2017].

(a) Invoice issued within the prescribed timeperiod Earliest of the following:

• Date of issue of invoice by the supplier• Date of receipt of payment (entering the

payment in books of account or crediting ofpayment in bank account, whichever is earlier)

(b) Invoice not issued within the prescribed timeperiodEarliest of the following:

• Date of provision of service• Date of receipt of payment (entering the

payment in books of account or crediting ofpayment in bank account, whichever is earlier)

(c) When the above events are unascertainable• Date on which the recipient shows the

receipt of services in his books of account

Supplier receives upto Rs. 1000 in excess of amount indicated in invoice, TOS to the extent of such excess amount at option of supplier be date of issue of invoice.

2) General Time Limit For Raising Invoices

Supply of goods Supply of services Before or at the time of,- (a) removal of goods for supply to therecipient, where the supply involvesmovement of goods, or(b) delivery of goods or making availablethereof to the recipient, in any other case

Before or after the provision of service but within 30 days [45 days in case of insurance cos./banking and financial institutions including NBFCs] from the date of supply of services

Time of Supply CHAPTER 6



Summary Book

3) Time of Supply Where Tax Is Payable Under Reverse Charge

Time of supply of goods [Section 12(3)] Time of supply of services [Section 13(3)] Earliest of the following: • Date of receipt of goods, or• Date of payment as entered in the books

of account of the recipient or the date onwhich the payment is debited to his bankaccount, whichever is earlier, or

• 31st day from the date of issue of invoice

Earliest of the following: •Date of payment as entered in the books ofaccount of the recipient or the date on whichthe payment is debited to his bank account,whichever is earlier, or

• 61st day from the date of issue of invoice

Where the above events are not ascertainable, the time of supply shall be the date of entry in the books of account of the recipient of supply Import of service from associated enterprise Date of entry in the books of account of the recipient or the date of payment, whichever is earlier

4) Time Of Supply Of Vouchers Exchangeable For Goods And Services

Supply of vouchers exchangeable for goods and services [Sections 12(4) and 13(4)] (a) Supply of goods or services is identifiable at the time of issue of voucherDate of issue of the voucher(b) Other casesDate of redemption of the voucher

5) Time Of Supply Of Goods And Services In Residual Cases

Supply of goods and services in residual cases [Sections 12(5) and 13(5)] (a) Where a periodical return is required to be filedDue date of filing such return(b) Other casesDate of payment of tax

6) Time Of Supply For Addition In Value By Way Of Interest/ Late Fee/Penalty For DelayedPayment Of Consideration

Addition in value by way of interest, late fee/penalty for delayed payment of consideration.

Time of Supply - Date on which the supplier receives such addition in value



Summary Book

7) Change in Rate of Tax (Section 14):

8)

8) Time for payment of tax in case of joint development agreements in real estate sectorIn case of-

• supply of development rights against consideration in the form of construction service ofcomplex, building or civil structure;

• supply of construction service of complex, building or civil structure againstconsideration in the form of transfer of development right

GST is to be paid at the time when the possession or right in the property is transferred to the land owner by entering into a conveyance deed or similar instrument (e.g. allotment letter)

9) Special procedure for determining the time of supply of services in certain casesSupply of services by a landowner to a developer by way of –(i) transfer of transferable development rights (TDR) or floor space index (FSI);

(ii) granting of long term lease,

for construction of residential apartments have been exempted subject to the condition that the constructed flats are sold before issuance of completion certificate or first occupation of the project, whichever is earlier, and tax is paid on them.

Such exemption for TDR, FSI, long term lease (premium) shall not be available in case of flats which remain un-booked on the date of issuance of completion certificate or first occupation of the project, whichever is earlier.

Any of two events before change in rate of tax

Any of two events after change in rate of tax

• Issuance of Invoice• Supply of Goods /Services`

• Receipt of Payment.

Old Rate. New Rate.

Change in Effective rate of tax (CERT)



Summary Book

The promoter (developer) shall be liable to pay tax at the applicable rate, on reverse charge basis, on such proportion of

(i) Value of development rights and/or FSI, or

(ii) Upfront amount paid for long term lease,

As is attributable to such un-booked residential apartments.For such persons, the liability to pay tax shall arise on the date of issuance of completion certificate or first occupation of the project, whichever is earlier.



1) Value of Supply (Section 15)

Value = TV = Price actually paid or payable when S and R are not related + Price is sole consideration

Inclusions in value u/s 15(2) • Taxes other than GST• Third party payments made by customer in relation to supply, which supplier was liable to pay

and were not included in the price• Incidental expenses including commission and packing anything done by the supplier in respect

of the supply till delivery of goods/ for supply of services, if charged to recipient• Interest/late fee/penalty for delay in payment of consideration.• Subsidies linked to price of supply other than the ones given by Central/State Governments

Exclusions from value 15(3) • Discounts given before or at the time of supply and recorded in the invoice• Post supply discount / incentive, if known in advance & linked with invoices and

proportionate ITC has been reversed by the recipient

Value of Supply

Supply made to unrelated person where price is the sole consideration

Value of Supply = Transaction Value u/s

15(1)

Supply made to related person

Value to be determined under Chapter IV: Determination of Value of Supply

of CGST Rules

Supply where price is not the sole consideration

Supply is a notified supply u/s 15(4)/(5)

Value of Supply CHAPTER 7



Summary Book

Valuation Rules:

Rule 27 : Consideration not wholly in money Value shall be either of the following in the given order: • open market value• total of consideration in money + amount equal to the consideration not in money• value of supplies of like kind and quality• Consideration in money + money value of non- monetary consideration computed as per rule 30 or 31 inthat order.

Rule 28 : Supply between distinct/ related persons, other than agent Value shall be either of the following in the given order: • Open market value• Value of supplies of like kind and quality• Value as per rule 30 or 31 in that order. Option to supplier to value goods sold as such by recipient. Value= 90% of price charged by recipient toits unrelated customer Recipient eligible for ITC. Invoice value = open market value (taxable value) Rule 29: Supply of goods made/received through an agent Value shall be either of the following in the given order: • Open market value or 90% of price charged by recipient to his unrelated customer for supplies of like kind

and quality;• Value as per rule 30 or 31 in that order.Rule 30: Value based on cost Value shall be 110% of cost of production/acquisition/ provision of goods or services Rule 31: Residual method (Best Judgement Method) Value shall be determined using reasonable means consistent with the principles and general provisions of section 15 & valuation rules. For services, rule 31 can be adopted before rule 30. Rule 31A: Value of supply of lottery, chance to win in betting/ gambling/ horse racing in race club Lottery run by State Govts. - 100/112 of the face value of ticket OR 100/112 of the price as notified in the Official Gazette by the organising State, whichever is higher.

Lottery authorised by State Govts. - 100/128 of the face value of ticket OR 100/128 of the price as notified in the Official Gazette by the organising State, whichever is higher

Actionable claim in form of chance to win in betting, gambling or horse racing in a race club - 100% of the face value of the bet or the amount paid into the totalisator Lottery run by State Governments - Lottery not allowed to be sold in any State other than the organizing State; Lottery authorised by State Governments - Lottery authorised to be sold in State(s) other than the organising State also



Summary Book

RULE 32: Value of in respect of certain specific supplies

✓ Purchase/sale of foreign currency:

Option 1 Particulars Value

Currency when exchanged from or to INR

Difference in Buying / Selling rate and RBI reference rate for that currency at that time X Total units of currency

If RBI reference rate is not available

1% of gross amount of INR provided / received by person changing money

If neither of the currencies exchanged are INR

1% of lesser of 2 amounts the person changing money would have received by converting them to INR on that day at

reference rate of RBI

Option 2 Currency Value

Up to Rs. 1,00,000 1% or Rs. 250 whichever is higher

From Rs. 100001 to Rs. 10,00,000 Rs. 1,000 + 0.5%

From Rs. 10,00,001 Rs. 5,500 + 0.1% subject to maximum of Rs. 60,000

OPTION ONCE EXCERSIED SHALL NOT BE WITHDRAWN DURING REMAINING PART OF FY

✓ Booking of tickets by air travel agent:Value = 5% of basic fare for domestic bookings and

10% of the basic fare for international bookings.

Basic fare = Air fare on which commission is normally payable to agents by airlines.



Summary Book

✓ Life insurance business:Case Taxable Value

Policy with dual benefits of risk coverage and investment

Gross Premium charged less amount allocated for investment / savings if such allocation is intimated to the policy holder at the time of collection premium.

Single premium annuity policy

10% of the single premium charged from the policy holder

Other cases 25% of Premium charged from policy holder in 1st year and, 12.5% of premium charged for subsequent years.

Above not to apply if entire premium is towards risk cover.

✓ Buying & selling of second hand goods:

• Value = Selling price – Buying price (ignore if value is negative);• Purchase value of goods repossessed from unregistered borrower = Purchase price- 5% per quarter or

part thereof from date of purchase till the date of disposal by the person making repossession

✓ Coupon/voucher: Value = money value of supplies redeemable against such voucher/ coupon

✓ Notified services between distinct persons without consideration: Value = Nil, if ITC is available

Rule 33: Supply as a pure agent Costs incurred by the supplier as a pure agent of recipient shall be excluded from value

Pure Agent = (Contractual arrangement + Neither Intends to hold nor hols any Title + Does not use his own intrest + Receives only the actual amount incurred) Conditions = ( Supplier acts as a pure agent + payment made Separately indicated in the invoice + Addition to services he supplied on own) Rule 34: Rate of exchange for determination of value Goods = Rate notified by CBEC under Customs Act on the date of time of supply of such goods;

Services = Rate as per GAAP on the date of time of supply of such services Rule 35: Value inclusive of taxes Where value of supply is inclusive of GST. Tax amount = (Value inclusive of GST x GST rate in %)

(100 + sum of applicable GST rates in %)



Summary Book

Significant Notifications/ Circulars/ Orders

1. For the purpose of 15(2), TCS under the provisions of the Income Tax Act, 1961 would not beincludible as it is an interim levy not having the character of tax.

2. In the BF model or the BC model operated by a banking company, a banking company is theservice provider. The banking company is liable to pay GST on the entire value of service chargeor fee charged to customers whether or not received via BF or BC.

3. Clarification on discounts

Discounts including ‘Buy more, Save more’ offers : Discounts offered by the suppliers to customers(including staggered discount under “Buy more, save more” scheme and post supply / volumediscounts established before or at the time of supply) shall be excluded to determine the value ofsupply if it satisfy parameters laid down in section 15(3) of the CGST Act, including the reversalof ITC by the recipient of the supply as is attributable to the discount on the basis of documentissued by the supplier.Secondary Discounts: These are the discounts which are not known at the time of supply or areoffered after the supply is already over. Secondary discounts shall not be excluded while determiningthe value of supply as such discounts are not known at the time of supply and the conditions laiddown in section 15)3)(b) of the CGST Act are not satisfied.

4. Clarification on issue of GST on airport levies

Airport operators i.e. Mumbai international

airport ltd.

Airlines operators i.e. IndiGo, Go Air, AirAsia etc



Summary Book

Airport Passengers

PSF and UDF are charged by airport operators for providing the services to passengers. Thus, services provided by an airport operator to passengers against consideration in the form of UDF and PSF are liable to GST. UDF was also liable to service tax. The airport operators shall pay GST on the PSF and UDF collected by them from the passengers through the airlines. Since, the airport operators are collecting PSF and UDF inclusive of GST, there is no question of their not paying GST collected by them to the Government.

The collection charges paid by airport operator to airlines are a consideration for the services provided by airlines to airport operator and airlines shall be liable to pay GST on the same under forward charge. ITC of the same will be available with the airport operator. Clarification: Accordingly, the airline acting as pure agent of the passenger should separately indicate actual amount of PSF and UDF and GST payable on such PSF and UDF by the airport licensee, in the invoice issued by airlines to its passengers.

The airline shall not take ITC of GST payable or paid on PSF and UDF. The airline would only recover the actual PSF and UDF and GST payable on such PSF and UDF by the airline operator.

The amount so recovered will be excluded from the value of supplies made by the airline to its passengers.

In other words, the airline shall not be liable to pay GST on the PSF and UDF (for airport services provided by airport licensee), provided the airline satisfies the conditions prescribed for a pure agent under rule 33 of the CGST Rules.

The registered passengers, who are the ultimate recipient of the airport services, may take ITC of GST paid on PSF and UDF on the basis of pure agent’s invoice issued by the airline to them.



33

Provisions of section 16 relating to eligibility and conditions for taking ITC read with relevant rules are summarized below:

Section 16(1) : Registered person to take credit of tax paid on inward supplies of goods and/or services used/ intended to be used in the course or furtherance of business Section 16(2) : If the following four conditions are fulfilled:

• He has valid tax invoice/debit note/prescribed tax paying document• He has furnished valid return• Tax on such supply has been actually paid to the government•He has received goods and/or services

✓ Deemed receipt of goods in case of bill to ship to model✓ Deemed receipt of services, if services provided to any person on the

direction of and on account of RP

Goods received in lots – ITC allowed upon receipt of last lot If depreciation claimed on tax component, ITC not allowed Goods delivered to third person on the direction of the registered person deemed to be received by the registered person – ITC available to the registered Person (Bill to ship model) Time limit for availing ITC - ITC pertaining to a particular FY can be availed by 20th October of next FY or filing of annual return, whichever is earlier. Exception: Re- availment of ITC reversed earlier Time limit for availing ITC - ITC pertaining to a particular FY can be availed by 20th October of next FY or filing of annual return, whichever is earlier. Exception: Re- availment of ITC reversed earlier Reversal of input tax credit in the case of non-payment of consideration : • ITC to be reversed with interest @ 18% if value + tax of goods and /or services is not

paid within 180 days of the issuance of invoice.• Such supplies will be specified in GSTR -2 of the month immediately following 180 days

and ITC added in the output tax liability of the said month.• On payment, the ITC could be re-availed without any time limit.Exception:• Supplies under reverse charge• Deemed supplies without consideration

Input Tax Credit CHAPTER 8


The provisions of section 17 relating to apportionment of credit and blocked credits read with relevant rules are summarized as under:

A Apportionment of credit

‘value of exempt supply’ for the purpose of this section 17(3) shall not include the value of activities or transactions specified in Schedule III, except those specified in paragraph 5 of the said Schedule, i.e. sale of land and sale of building. (Inserted by CGST Amendment Act,2018) Therefore, while in all other items of Schedule III, ITC will not be required to be reversed; in case of sale of land and sale of building, ITC will need to be reversed

B Special provisions for banking companies and NBFC

Goods and/or services

Attributable to taxable supplies including zero rated supplies

Used partly for making taxable (including zero rated supplies) supplies & partly for exempt supplies

ITC available only as

Used partly for business and partly for non- business purposes

Attributable to business purposes

Exempt supplies include supplies charged to tax under reverse charge, transactions in securities, sale of land and sale of building when entire consideration is received post completion certificate.

Option 1: Avail proportionate ITC

Option 2: Avail 50% of eligible ITC

• Remaining 50% ITC willlapse.

• Restriction of 50% shall notapply to the tax paid onsupplies made to anotherregistration within the sameentity.

• Option once exercised cannot be withdrawn during remaining part of the year.


C Apportionment of common credit in case of inputs and input services

• C3 will be computed separately for ITC of CGST, SGST/ UTGST and IGST.• ∑ (D1 + D2) will be computed for the whole financial year, by taking exempted turnover and aggregateturnover for the whole financial year. If this amount is more than the amount already added to output taxliability every month, the differential amount will be reversed by the RP in GSTR 3B in any of the month

till September of succeeding year along with interest @ 18% from 1st April of succeeding year till the date ofpayment. • If this amount is less than the amount added to output tax liability every month, the additional amountpaid has to be claimed back as credit in GSTR 3 of any month till September of the succeeding year.

Total Input tax on inputs + Input services. "T"

Input tax on Inputs +

Input services used

exclusively for Non -Business

purpose. "T1"

Input Tax on Inputs + Input services used exclusivley for

Exempt Supplies. "T2"

Blocked Credit u/s 17(5)."T3"

Remaining ITC credited to Electronic legder.

C1 = [T-(T1+T2+T3)]

Credit Attributable to Inputs + Input service used exclusively in taxable supplies including

Zero rated supply. T4

Common Credit.

C2 = C1 - T4

Common Credit. C2 = C1 - T4

amount of input tax credit attributable towards exempt

supplies, be denoted as.

D1 = (E ÷ F) × C2.

Ineligible Credit

Reversed by the registered person in GSTR 3B or in the prescribed

form

Credit attributable to non-business purposes if common inputs + input services are used for business + partly for non-business purposes.

D2 = 5% x C2.

Ineligible Credit

Reversed by the registered person in GSTR 3B or in the prescribed form

Remaining Common Credit.

= C2 - (D1+D2)

Eligible Input tax credit attributable to business & taxable supplies including

Zero rated supply


D Apportionment of common credit on capital goods

Note : The amount Te should be computed separately for ITC of CGST, SGST/UTGST and IGST

and declared in GSTR 3B.

Total Input tax on Capital Goods(CG)

(a) Input Tax in respect ofCapital goods used orintended to be used

exclusively for non-business purposes / Exempt Supply

Not to be credited to Electronic Credit ledger

(b) Input tax in respect ofcapital goods used orintended to be used

exclusively for TaxableSupplies Including Zero

rated supplies

Credited to Electronic ledger

Input tax not covered under (a) & (b). Useful life of Capital Goods to be

taken as 5 years from date of invoice

Credited to Electronic ledger

Tc. Common credit on Capital goods. If Capital Goods under

Common credit of CG for a tax period during the useful life.

Tm = Tc / 60Common credit at the beginning of a tax

period for all CG having useful life in that tax period.

Tr = Tm of such CG

Common credit attributable towards exempted supplies, be denoted as ‘Te’.

Te= (E÷ F) x Tr Added to output tax liability along with interest


Credit available on the above exceptions

EXCEPTIONS

except when they are used for making the following taxable supplies, namely: (A) further supply ofsuch motor vehicles or(B) transportation ofpassengers; or(C) imparting trainingon driving such vehicles

(i) for making thefollowing taxablesupplies, namely:—(A) further supply ofsuch vessels oraircraft; or(B) transportation ofpassengers; or(C) impartingtraining navigatingsuch vessels; or(D) impartingtraining on flyingsuch aircraft;(ii) for transportationof goods

(i) where the motorvehicles, vessels oraircraft referred to inclause (a) or clause (aa)are used for the purposesspecified therein;(ii) where received by ataxable person engaged—(I) in the manufactureof such motor vehicles,vessels or aircraft; or(II) in the supply ofgeneral insurance servicesin respect of such motorvehicles, vessels oraircraft insured by him;

1. ITC available where an inwardsupply of such goods or services orboth is used by a registered personfor making an outward taxablesupply✓ Of the same category of goods

or services or✓ Both or as an element of a

taxable composite or mixedsupply

2.ITC available it is obligatory for anemployer to provide the same to itsemployees under any law for the timebeing in force

EXCEPTIONS EXCEPTIONS EXCEPTIONS

BLOCKED CREDITS PART-A

MV for transportation of persons having approved seating capacity of not more than thirteen persons (including the driver),

vessels and aircraft except when they are used

(ab) services of general insurance, servicing, repair and maintenance in so far as they relate to motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa)

Food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, leasing, renting or hiring of motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) except when used for the purposes specified therein, life insurance and health insurance:

1.Membership of a club/health & fitness centre2.Travel benefits extended to employees on vacation

such as leave or home travel concession Exception: ITC available it is obligatory for an employer to provide the same to its employees under any law for the time being in force

Goods lost/ stolen/ destroyed/ written off or disposed of by way of gift or free samples

Inward supplies used for personal consumption


EXCEPTIONS

MV&OC-Motor vehicle & other conveyance; NRTP-Non-resident taxable person; WCS-Works contract service; LTC- Leave Travel Concession; HT-Home town

Construction includes re-construction/ renovation/ addition/ alterations/ repairs to the extent of capitalisation to said immovable property.

P & M means apparatus, equipment, & machinery fixed to earth by foundation or structural supports but excludes ✓ Land, building/ other civil structures,✓ Telecommunication towers, and✓ Pipelines laid outside the factory premises.

Credit available on such exceptions

a. WCS for P & Mb. Where WCS for

immovableproperty is inputservice forfurther supply ofWCS [Sub-contracting]

A. Construction of P &M

B. Construction ofimmovable propertyfor others

Inward supplies charged to composition levy

Tax paid u/s 74 (Tax short / not paid or erroneously refunded due to fraud etc) Tax paid u/s 129 (Amount paid for release of goods and conveyances in transit which are detained) and Tax paid u/s 130 (Fine paid in lieu of confiscation)

BLOCKED CREDITS PART-B

WCS for construction of immovable property

Inward supplies received by taxable person for construction of immovable property on his own account including when such supplies are used in the course or furtherance of business

EXCEPTIONS

G/S received by NRTP

Exception: ITC available on goods

imported by him


The provisions of section 18 read with relevant rules have been summarized as under:

Clarification on ITC in the hands of the supplier in respect of sales promotional schemes:

Free samples and gifts.

Section 17(5)(h) of the CGST Act provides that ITC shall not be available in respect of goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples.

It has been clarified that ITC shall not be available to the supplier on the inputs, input services and capital goods to the extent they are used in relation to the gifts or free samples distributed without any consideration. However, where the activity of distribution of gifts or free samples falls within the scope of “supply” on account of the provisions contained in Schedule I of the said Act, the supplier would be eligible to avail the ITC.

Buy one get one free offer:

It is clarified that ITC shall be available to the supplier for the inputs, input services and capital goods used in relation to supply of goods or services or both as part of such offers.

Discounts including ‘Buy more, save more’ offers: It is clarified that the supplier shall be entitled to avail the ITC for such inputs, input services and

capital goods used in relation to the supply of goods or services or both on such discounts.


a. Special circumstances enabling availing of credit

Conditions for availing above credit: (i) Filing of electronic declaration giving details of inputs held in stock/contained in semi-finished goods and finishedgoods held in stock and capital goods on the days immediately preceding the day on which credit becomes eligible.(ii) Declaration has to be filed within 30 days from becoming eligible to avail credit.(iii) Details in (i) above to be certified by a CA/ Cost Accountant if aggregate claim of CGST, SGST/ IGST credit is more

than Rs. 2,00,000.

Special circumstances enabling availing of credit

Registered person switching from composition levy to

regular scheme of payment of taxes

Registered person's exempt supplies

becoming taxable

Person applying for registration within 30 days

of becoming liable for registration

Person obtaining voluntary

registration

Credit entitled on

• Inputs as such held in stock• Inputs contained in semi- finished

goods held in stock• Inputs contained in FG

Credit entitled on

Inputs as such held in stock Inputs contained in semi-finished goods held in stock Inputs contained in finished goods held in stock Capital goods [In case of exempt supply becoming taxable Capital Goods used exclusively for such exempt supply] reduced by 5% per quarter or part thereof from the date of invoice

Note: ITC claimed shall be verified with the corresponding details furnished by the corresponding supplier.

On the day immediately preceding the date from which such supply becomes taxable

immediately preceding the date from which

he becomes liable to pay tax under regular

the day On On the day immediately preceding the

Dateof registration

On the day immediately preceding date from which he becomes liable to pay tax

ITC, in all the above cases, is to be availed within 1 year from the date of issue of invoice by the supplier.


Supply of capital goods (CG)/ plant and machinery (P& M) on which ITC has

been taken

Cancellation of registration

Supplies of registered person getting wholly exempted from tax

Registered person (who has availed ITC) switching from regular scheme of payment of tax to composition levy

Special circumstances leading to reversal of credit /payment of amount

b. Special circumstances leading to reversal of credit / payment of amount

Amount to be paid is equivalent to higher of the following:

(i) ITC on CG or P&M less 5%per quarter or part thereof fromthe date of invoice(ii) Tax on transaction value ofsuch CG or P & M• If amount at (i) exceeds (ii),

then reversal amount will beadded to output tax liability.

• Separate ITC reversal is to bedone for CGST, SGST/UTGSTand IGST

• Tax may be paid ontransaction value whenrefractory bricks, moulds,dies, jigs & fixtures aresupplied as scrap.

Amount to be reversed is equivalent to ITC on :

• Inputs held in stock/ inputs contained in semi-finished or finishedgoods held in stock

• Capital goodson the day immediately preceding the date of switch over/ date of exemption/date of cancellation of registration

Manner of reversal of credit on inputs and capital goods & other conditions (i) Inputs Proportionate reversal based on corresponding invoices. If

such invoices not available, prevailing market price on the effective dateof switch over/ exemption/cancellation of registration should be used withdue certification by a practicing CA/ Cost Accountant(ii) Capital goods Reversal on pro rata basis pertaining to remaining

useful life (in months), taking useful life as 5 years.(iii) ITC to be reversed will be calculated separately for ITC of CGST,

SGST/UTGST and IGST.(iv) Reversal amount will be added to output tax liability of the

registered person.(v) Electronic credit/cash ledger will be debited with such amount.

Balance ITC if any will lapse.


Transfer of unutilised ITC on account of change in constitution of registered person • In case of sale, merger, amalgamation, lease or transfer of business, unutilised ITC can be transferred to

the new entity if there is a specific provision for transfer of liabilities to the new entity. The inputs andcapital goods so transferred shall be duly accounted for by the transferee in his books of accounts.

• In case of demerger, ITC will be apportioned in the ratio of value of assets of new unit as per thedemerger scheme. The “value of assets” means the value of the entire assets of the business, whetheror not ITC has been availed thereon.

• Details of change in constitution will have to be furnished on common portal along with request totransfer unutilised ITC. CA/Cost Accountant certificate will have to be submitted certifying that changein constitution has been done with specific provision for transfer of liabilities

• Upon acceptance of such details by the transferee on the common portal, the unutilized ITC will becredited to his Electronic Credit Ledger.

Note: It has been clarified that transfer or change in the ownership of business will include transfer or change in the ownership of business due to death of the sole proprietor.

The provisions of section 20 relating to ISD are summarized as under: ISD is basically an office meant to receive tax invoices towards receipt of input services and distribute the credit of taxes paid on such input services to supplier units (having the same PAN) proportionately An ISD is required to obtain a separate registration even though it may be separately registered. The threshold limit of registration is not applicable to ISD.

• ITC of input services is distributed only amongst those recipients to whom the input services areattributable.

• ITC is distributed amongst the operational units only and in the ratio of turnover in a State/UTof the recipient during the relevant period to the aggregate of turnover of all recipients during therelevant period to whom input service being distributed is attributable.

• Relevant period is previous FY or last quarter prior to the month of distribution for which turnover ofall recipients is available.

• Distributed ITC should not exceed the credit available for distribution.

• ISD should issue an ISD invoice for distributing ITC. It should be clearly indicated in suchinvoice that it is issued only for distribution of ITC.

• The ISD needs to issue a ISD credit note, for reduction in credit if the distributed credit getsreduced for any reason.

• ITC available for distribution in a month is to be distributed in the same month.• Details of distribution of credit and all ISD invoices issued should be furnished by ISD in monthly

GSTR-6 within 13 days after the end of the month.



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If the ISD has distributed excess credit to any recipient, the excess will be recovered from the recipient with interest as if it was tax not paid.

For the purpose of this section Turnover in relation to any registered person engaged in supply of taxable goods as goods not taxable under this act means =

Value of turnover reduced by :

1) Excise duty2) State Excise duty3) VAT4) CST

The above-mentioned scenario can be understood with the help of below mentioned presentation:

Restriction on availment of input tax credit (ITC) in respect of invoices/debit notes not uploaded by the suppliers in their GSTR-1 [New sub-rule (4) inserted in rule 36 of the CGST Rules]

With effect from 09.10.2019, a new sub-rule (4) has been introduced in rule 36 to specify the quantum of ITC that can be claimed against the invoices/debit notes uploaded and invoices/debit notes not uploaded, by the supplier. As per sub-rule (4) of rule 36, ITC to be availed by a registered person in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers in GSTR-1, cannot exceed 20% of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers in GSTR-1

Credit of IGST Credit of IGST

Input tax credited as IGST

Recipient and ISD located in different

States

Input tax credited under same category

of tax

Recipient and ISD located in same

State Credit of CGST and SGST /

UTGST



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This can be further understood as under-

Case Amount of ITC to be claimed by recipient

Where invoice/debit note has been uploaded by the supplier in his GTSR-1

Full ITC, if all other conditions of availing ITC are fulfilled

Where invoice/debit note has not been uploaded by supplier in his GTSR-1

20% of the eligible ITC available in respect of the uploaded invoices/debit notes. However, the ITC so claimed should not exceed the actual eligible ITC available in respect of the invoices not uploaded.



Goods Sent by principal to Job work

Job Work

Principal

Send goods for job work no tax

2

1

2

Export - No tax Supply with in India Principal to pay tax

Export - No tax Supply with in India Principal to pay tax

Principal Supplies goods directly from job worker’s premises within prescribed time

Job worker

2

2

CHAPTER 9



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Input credit to be availed by Principal on Goods sent to Job Worker

I. SIGNIFICANT NOTIFICATIONS/ CIRCULARS/ ORDERS

Clarification on Issues related to Job Work via Circular no 38/12/2018 dt 26.03.2018 andAmended as per Circular No. 88/07/2019-GST

Issue 1:Is it compulsory to take registration for a principal involved in job work transaction?

ClarificationIt is his choice whether or not to register & avail the benefit of the provisions of section 143 ofthe CGST Act which are applicable only to a registered person.

Issue 2:Whether a job worker is required to obtain registration when they are locatedi) In the same State where the principal is located. orii) In a State different from that of the principal.

Discussion : Job work is a supply of service. So exemption of 40lakhs is not applicable.

Principal allowed to take ITC on the goods sent to

job worker

Even without bringing them to the place of Principal Does not return within 1

year/3 years

Considered to be supplied on the date when goods sent or from date of receipt of goods in case of direvt

dispatch

moulds and dies, jigs and fixtures, or tools need not

be brought back



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Job worker & principal is located in same state:

Job worker is required to obtain registration only if his aggregate turnover, to be computed on all India basis, in a financial year exceeds the specified threshold limit as specified in section 22(1) of the said Act, read with clause (iii) of the Explanation to the said section in case both the principal and the job worker are located in the same State.

Job worker & principal is located in different state:

The requirement for registration flows from clause (i) of section 24 of the CGST Act which provides for compulsory registration of suppliers making any inter-State supply of services.

However, exemption from registration has been granted in case the aggregate turnover of the inter-State supply of taxable services does not exceed the specified threshold limit as specified in section 22(1) of the said Act, read with clause (iii) of the Explanation to the said section in a financial year vide N/No. 10/2017 – IT dt. 13/10/2017

Clarification: Therefore, it is clarified that a job worker is required to obtain registration only in cases where his aggregate turnover, to be computed on all India basis, in a financial year exceeds the threshold limit regardless of whether the principal and the job worker are located in the same State or in different State

Issue 3:

Whether the principal can supply goods directly from the job worker's place of business / premises to its end customer and if yes, whether the supply will be regarded as having been made by the principal or by the job worker.

Clarification: Supply of goods by the principal from the place of business/premises of the job worker will be regarded as supply by the principal and not by the job worker (provided it is an additional place to the principal).

Issue 4: Whether the e-way bill is required to be generated in case of job work?

Clarification: An e-way bill is required to be generated by every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees even in cases where such movement is



Summary Book

for reasons other than for supply (e.g. in case of movement for job work). However, for interstate movement of goods e-way bill shall be generated either by the principal or by the registered job worker irrespective of the value of the consignment.

Issue 5: What are the documents required to be issued for sending the goods a) From the principal to the job worker

b) From one job worker to another job worker

c) From the job worker back to the principal.

d) Directly by the supplier to the job worker

e) Where goods are returned in piecemeal by the job worker to another job worker orprincipal

Clarification: The documents required to be issued for sending the goods in the given cases :-

a) Challan in terms of Rule 55 to be issued by the principal in triplicate. Two copies of thechallan are sent to the job worker along with the goods. The job worker should send onecopy of the said challan along with the goods while returning them to the principal.

b) the goods may move under the cover of a challan issued either by the principal or the jobworker. In the alternative, the challan issued by the principal may be endorsed by the jobworker sending the goods to another job worker, indicating therein the quantity anddescription of goods being sent. The same process may be repeated for subsequentmovement of the goods to other job workers.

c) The job worker should send one copy of the challan received by him from the principal aftercarrying out the job work.

d) The goods may move from the supplier to the job worker with a copy of the invoice issuedby the supplier in the name of the buyer (i.e. the principal) wherein the job worker's nameand address should also be mentioned as the consignee and the Principal shall issue challanas per Rule 45

e) In case the goods after carrying out the job work, are sent in piecemeal quantities by a jobworker to another job worker or to the principal, the challan issued originally by the principalcannot be endorsed and a fresh challan is required to be issued by the job worker.



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Issue 6: Filing ITC-04 will be considered as a submission of intimation under sec 143 of CGST act, 2017?

Clarification : Yes, Form GST ITC-04 will serve as the intimation as envisaged under section 143 of the CGST Act and It is the responsibility of the principal to include the details of all the challans relating to goods sent by him to one or more job worker from one job worker to another and its return there from.

Issue 7: In case of supply of services by job worker what are the provisions with respect to

I) Time, value and place of supply in the hands job workerii) Issuance of invoices by the job worker

Clarification : TOS: In case of supply by job worker shall issue an invoice at the time of supply of the services as determined in terms of section 13 of CGST Act.

Invoicing: Invoice shall be issued within a period of 30 days from the date of supply of service as per section 31

Value: It shall be determined in terms of section 15 (i.e. transaction value) of the CGST Act and it would include not only the service charges but also the value of any goods or services used by job worker for supplying the job work services, if recovered from the principal.

Note: Value of such moulds and dies, jigs and fixtures or tools may not be included in the value of job work services provided its value has been factored in the price for the supply of such services by the job worker

Issue 8: Whether ITC can be availed by

i) Principal in respect of inputs / capital goods that are directly received by the job workerii) Job worker in respect of inputs, etc. used by him in supplying job work services

Clarification

i) ITC would be available to the principal, irrespective of the fact whether the inputsor capital goods are received by the principal and then sent to the jobworker forprocessing or they are directly received at the jobworkers place.

ii) Job worker is also eligible to avail ITC on inputs ,etc .used by him in supplying thejobwork services if he is registered.



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Issue 9: Explain the provision with respect to Supply of goods by principal from the place of business of job worker?

Clarification: Time of Supply , value and place of supply :- Since the supply is being made by the principal, it is clarified that the time, value and place of supply would have to be determined in the hands of the principal irrespective of the location of the job worker’s place of business/premises. Further, the invoice would have to be issued by the principal. In case of export :- Clarified that in case of exports directly from the job worker’s place of business/premises, the LUT or bond, shall be executed by the principal.

Illustration :- Illustration: The principal is located in State A, the job worker in State B and the recipient in State C. In case the supply is made from the job worker’s place of business / premises, the invoice will be issued by the supplier (principal) located in State A to the recipient located in State C. The said transaction will be an inter-State supply. In case the recipient is also located in State A, it will be an intra-State supply.

Issue 10: Whether principle is responsible to keep proper account for input & capital goods sent for job work

It may be noted that the responsibility of keeping proper accounts of the inputs and capital goods sent for job work lies with the principal. Moreover, if the time frame specified under section 143 for bringing back or further supplying the inputs / capital goods is not adhered to, the activity of sending the goods for job work shall be deemed to be a supply by the principal on the day when the said inputs / capital goods were sent out by him.

Thus, essentially, sending goods for job work is not a supply as such, but it acquires the character of supply only when the inputs/capital goods sent for job work are neither received back by the principal nor supplied further by the principal from the place of business / premises of the job worker within the specified time period (under section 143) of being sent out. It may be noted that the responsibility for sending the goods for job work as well as bringing them back or supplying them has been cast on the principal.



1) Nature of Registration• The registration in GST is PAN based and State specific.• One registration per State/UT.• However, a business entity having Place of business in a State may obtain separate registration

for each of its place of business i.e optional registration.• GST identification number called “GSTIN” - a 15-digit number and a certificate of registration

incorporating therein this GSTIN is made available to the applicant on the GSTN common portal.• Registration under GST is not tax specific, i.e. single registration for all the taxes i.e. CGST,

SGST/UTGST, IGST and cesses.

2) Persons Liable to Registration

CHAPTER 10 Registration

Those who exceed threshold limit

• A/To > Rs20/40lakh• Aggregate turnover >Rs. 10 lakh in case of

special category states (MMT-N)

Who are registered under earlier now

• Shall be liable to be registered under GST

In case of transfer of business on account of

• Transferee liable to be registered from thedate of succession of business

In case of amalgamation /demerger by an order of High court etc.

• Transferee liable to be registered from the date onwhich registrar of Companies issues incorporationcertificate giving effect to order of High court etc.



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3) Aggregate Turnover

Analysis of Aggregate Turnover Includes Excludes

Taxable Supplies CGST Exempt Supplies SGST

Exports UTGST Inter State Supplies IGST

of persons having the same PAN be computed on all India basis

Compensation Cess Value of inward supplies on which tax is

payable under reverse charge

States with threshold limit of ₹ 10 lakh for

both goods and services

Manipur

Mizoram

Nagaland

Tripura

States with threshold limit of ₹ 20 lakh for

both goods and services

Arunachal Pradesh

Meghalaya

Sikkim

Uttarakhand

Puducherry

Telangana

States with threshold limit of ₹20 lakh for

services and ₹40 lakh for goods

Jammu and Kashmir

Assam

Himachal Pradesh

All other States



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4) Compulsory registration in certain cases(i) Inter-State supplier

Except –✓ Service supplier if aggregate TO doesn’t exceed Rs. 20 lakh,✓ Person making inter-state supply of handicraft goods if aggregate value of such

supplies, to be computed on all India basis, does not exceed an amount of Rs. 20 lakh[Rs. 10 lakh in case of specified SCS [i.e MMT-N] in a F.Y.

✓ Persons making inter-State taxable supplies of notified products when made bycraftsmen if Aggregate value does not exceed 20 lacs [Rs. 10 lakh in case of specifiedSCS [i.e MMT-N] in a F.Y.

✓ Job workers engaged in making inter-State supply of services to a registered personhave been exempted from obtaining registration. However, nothing contained in thisnotification shall apply to a jobworker

(a)who is liable to be registered under section 22(1) or who opts to takeregistration voluntarily under section 25(3) of the CGST Act; or

(b) who is involved in making supply of services in relation to jewellery,goldsmiths’ and silversmiths’ wares and other articles

(ii) Casual taxable personExcept –

✓ If CTP is engaged in making supply of Handicraft goods then he is no required toobtain registration if aggregate value of such supplies, to be computed on all Indiabasis, does not exceed an amount of Rs. 20 lakh [Rs. 10 lakh in case of specifiedSCS [i.e MMT-N] in a F.Y..

✓ CTP making inter-State taxable supplies of notified products when made bycraftsmen if Aggregate value does not exceed 20 lacs [Rs. 10 lakh in case of specifiedSCS [i.e MMT-N] in a F.Y.

(iii) Person receiving supplies on which tax is payable by recipient on reverse charge basis(iv) A person who is required to pay tax under 9(5) E.g. : Booking of cab through an

ECO.(v) Person who is required to deduct tax u/s 51(vi) Non-resident taxable persons



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(vii) Persons who supply goods or services or both, other than supplies specified u/s 9 (5),through such ECO who is required to collect tax at source u/s 52;

Except - Such persons having an aggregate turnover, to be computed on all India basis, not exceeding an amount of Rs. 20 lakh (Rs. 10 lakh for specified special category states) in a FY, have been exempted from obtaining registration

(viii) A person who supplies on behalf of some other taxable person (i.e. an Agent of somePrincipal)

(ix) ISD whether or not separately registered under this act.(x) Every ECO required to collect TCS U/s 52(xi) Supplier of OIDAR Services(xii) Person/class of persons notified by the Central/State Government.

5) Persons not liable for registration• Person engaged exclusively in supplying goods / services / both not liable to tax• Person engaged exclusively in supplying goods/services/both wholly exempt from tax• Agriculturist limited to supply of produce out of cultivation of land• Specified category of persons notified by the Government.

6) Where and by when to apply for registration?Person who is liable to be registered under

section 22 or section 24 A casual taxable person or a non- resident

taxable person

• in every such State/UT in which he is so liable• within 30 days from the date on which hebecomes liable to registration

• in every such State/UT in which he is soliable• at least 5 days prior to the commencementof business

7) Voluntary Registration and UINVoluntary Registration - Person not liable to be registered under sections 22/24 may get himself registered voluntarily.

Unique Identification Number - In respect of supplies to some notified agencies of United Nations organisation, multinational financial institutions and other organisations, a UIN is issued



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8) Effective date of Registration – Rule 10

• Application submitted within 30 days of the applicant becoming liable to registration - Effectivedate is the date on which he becomes liable to registration• Application submitted after 30 days of the applicant becoming liable to registration - Effectivedate is date of grant of registration

9) Optional Registration

Person having multiple place of business in a state or union territory may obtain separate registration for each place of business If one of the place of business of a taxable person is paying tax under normal levy (Section 9), no other place of business shall be granted registration to pay tax under Composition Scheme (Section 10)

10) Suo-motu registration by the proper officer :Where, pursuant to any survey, enquiry, inspection, search or any other proceedings underthe Act, the proper officer finds that a person liable to registration under the Act** hasfailed to apply for such registration, such officer may register the said person on atemporary basis and issue an order in prescribed form.

11) SEZ to apply for separate registration as distinct from place of business located outside SEZ.



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12) Procedure of RegistrationPart I

Every person liable to get registered and person seeking voluntary registration shall, before applying for registration, declare his Permanent Account Number (PAN), mobile number, e-mail address, State/UT in Part A of FORM GST REG-01 on GST Common Portal.

PAN, mobile number and e-mail address are validated

Application shall be forwarded to the Proper Officer.

Mobile number and email verified through one time password sent to it.

On receipt of such application, an acknowledgement in the prescribed form shall be issued to the applicant electronically. A Causal Taxable Person (CTP) applying for registration gets a TRN for making an advance deposit of tax in his electronic cash ledger and an acknowledgement is issued only after said deposit.*

Using TRN, applicant shall electronically submit application in Part B of application form, along with specified documents at the Common Portal.

Temporary Reference Number (TRN) is generated and communicated to the applicant on the validated mobile number and e-mail address.

PAN validated online by Common Portal from CBDT database

The procedure after receipt of application by the Proper Officer is depicted in Part II of the diagram.



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Part – II

Yes

If Applicant has furnished the clarification, information or documents within 7 working days from receipt of notice

If Proper officer is satisfied with it Proper officer will grant registration certificate in Form GST REG-06

Yes

Within 3 working days from the date of submission of application

No

Proper officer will reject the application for reasons to be recorded in writing.

Proper Officer examines the application and accompanying documents.

If same are found in order?

Proper Officer issues notice electronically, within 3 working days from application date thereby seeking

clarification information or documents from the applicant Yes

No



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13) Amendment of Registration

Change of such particulars shall be applicable for all registrations of a registered person obtained under provisions of this Chapter on same PAN.

Addition, deletion or retirement of partners or directors, Karta, Managing Committee, Board of Trustees, Chief Executive Officer or equivalent, responsible for day to day affairs of the business

under registration section 29

warrant cancellation of does not Change

Address of PPoB/APoB

Legal name of business

Permission of proper officer required if change relates to core fields of information



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If registered Person replies to the notice within 7 working days?

Ye

NoApplication rejected

If reply is satisfactory?

Ye

No

Registration Certificate Amended

Permission to be granted within 15 days

Proper officer (PO)

But, if PO is of the opinion that amendment is

unwarranted or documents furnished are incomplete /

incorrect

PO will serve a SCN why application for amendment should not be rejected? Within 7

working days of

receipt of reply of

Registered person / UIN Holder

Submission of application within 15 days of change

GST Common Portal

Core Areas Non-Core areas



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If the Proper officer fails to take any action: • Within a period of 15 working days from the date of submission of the application, or• Within a period of 7 working days from the date of the receipt of the reply to the

SCN, the certificate of registration shall stand amended to the extent applied for andthe amended certificate shall be made available to the registered person on thecommon portal

14) Special procedure for registration of CTD and NRTDCasual Taxable Person Non-resident Taxable Person

A Casual taxable person is one who has a registered business in some State in India, but wants to effect supplies from some other State in which he is not having any fixed place of business. Such person needs to register in the State from where he seeks to supply as a Casual taxable person.

A Non-Resident taxable person is one who is a foreigner and occasionally wants to effect taxable supplies from any State in India, and

for that he needs GST registration.

Casual Taxable Person Non-resident taxable person

Registration is granted to them for the period specified in the registration application or 90 days from the effective date of registration.

Registration is granted to them or period of operation is extended only after they make advance deposit of the estimated tax liability.

They have to apply for registration at least 5 days in advance before making any supply.

GST law prescribes special procedure for registration, as also for extension of the operation period of such Casual or Non-Resident taxable persons.



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15) Amendment of Registration

16) Cancellation or suspension Of Registration –By Proper Officer or Application by tax payer

– Issuance of SCN except in case of death– Providing reasonable opportunity of being heard

✓ Reasons for cancellation -– Transfer/discontinuation of business

• Discontinuation of business• Full transfer of business for any reason• Death of proprietor• Amalgamation• De-merger• Disposal of business

– Change in constitution of business– No longer liable to be registered

During pendency of the proceedings relating to cancellation of registration filed by the registered person, the registration may be suspended.

Except for the changes in some core information in the registration application, a taxable person shall be able to make amendments without requiring any specific approval from the tax authority.

In case the change is for legal name of the business, or the State of place of business or additional place of business, the taxable person will apply for amendment within 15 days of the event necessitating the change.

The Proper Officer, then, will approve the amendment within the next 15 days.

For other changes like the name of day-to-day functionaries, e-mail IDs, mobile numbers etc. no approval of the Proper Officer is required, and the amendment can be affected by the taxable person on his own on the common portal.



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✓ Cancellation possible even from earlier date if– Contravention of provisions of GST Law– Composition dealers – returns not furnished consecutively for 3 tax periods– Other dealers – returns not furnished consecutively for 6 months– Voluntary registration – Business not commenced in 6 months from the date of

registration– Registration obtained by fraud, willful mis-statement, suppression of facts

✓ ITC– Pay ITC of inputs in stock, contained in semi-finished or finished goods or

capital goods or plant & machinery or output tax, whichever is higher– Capital goods: Pay either ITC (-) specific % or tax on transaction value,

whichever is higher• Note : Cancellation of registration shall not affect liability of taxable person for period

prior to cancellationto pay tax and other dues orto discharge any obligationIrrespective of the time of determination i.e. either before or after the date ofcancellation.

Situations Registration to be suspended from

Where registered person has applied for cancellation of registration

(a) the date of submission of theapplication

or

(b) the date from which thecancellation is sought,

whichever is later,pending the completion of proceedings for cancellation of registration.

Where cancellation of the registration has been initiated by the Department on their own motion

With effect from a date to be determined by Proper officer, pending the completion of the proceedings for cancellation of registration.



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A registered person, whose registration has been suspended as above

• Shall not make any taxable supply during the period of suspension (shall not make any taxablesupply shall mean that the registered person shall not issue a tax invoice and, accordingly, notcharge tax on supplies made by him during the period of suspension) and

• shall not be required to furnish any return u/s 39(Revised tax invoices and first return in respect of the supplies made during the period ofsuspension shall apply)

17) Bank Account details may be furnished after obtaining registration certificate [New rule10A inserted and rule 21 of the CGST Rules amended]While applying for registration on GST portal, a person is required to furnish the details of his bank account. A registered person has an option to give his bank account details after obtaining registration, within 45 days from the date of grant of registration or the due date of furnishing return, whichever is earlier.



1) Place of supply of goods other than import and export [Section 10]

Sr No Nature of Supply Place of Supply

1 Where the supply involves the movement of

goods, whether by the supplier or the recipient or by any other person

Location of the goods at the time at which, the movement of goods

terminates for delivery to the recipient

2

Where the goods are delivered to the recipient or any person on the direction of the third

person by way of transfer of title or otherwise. (Bill to Ship Model)

Principal place of business of such third person

3 Where there is no movement of goods either by supplier or recipient

Location of such goods at the time of delivery to the recipient

4 Where goods are assembled or installed at site

Place where the goods are assembled or installed

5 Where the goods are supplied on- board a conveyance like a vessel, aircraft, train or

motor vehicle

Place where such goods are taken on-board the conveyance

2) Place of supply of goods imported into, or exported from India [Section 11]

Sr No Nature of Supply Place of Supply 1 Import Location of importer 2 Export Location outside India

Place of Supply CHAPTER 11



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3) Place of supply of services where location of supplier and recipient is in India [Section 12](i) In respect of the following 12 categories of services, the place of supply is determined with

reference to a proxy; rest of the services are governed by the default provision.(Memory Technique = (T3OI-BP)

Sr No Nature of Supply Place of Supply

1

Immovable property related-services including accommodation in

hotel/boat/vessel

• Location at which the immovableproperty or boat or vessel is located orintended to be located

• If located outside India: Location of therecipient

If the immovable property or boat or vessel is located in more than one

State

Each such State in proportion to the value of services provided in each State

2

Personal grooming, health service, beauty treatment, fitness, and Restaurant and catering services (Memory Technique= PH-BFR)

Location where the services are actually performed

3 Training and performance appraisal• B2B: Location of such registered person• B2C: Location where the services are

actually performed

4 Admission to an event or amusement park

Place where the event is actually held or where the park or the other place is located

5

Organisation of an event includingancillary services and assigning of

sponsorship to such events

• B2B: Location of such registered person• B2C: Location where the event is

actually held• If the event is held outside India:Location of the recipient

If the event is held in more than one State


6 Transportation of goods, includingmails or courier

• B2B: Location of such registered person• B2C: Location at which such goods are

handed over for their transportation



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7 Passenger Transportation

• B2B: Location of such registered person• B2C: Place where the passenger embarks

on the conveyance for a continuousjourney

8 Services On board a conveyance Location of the first scheduled point of departure of that conveyance for the journey

9 Banking and other financial servicesincluding stock broking

• LOR of services in the records of thesupplier

• LOS of services if the location of therecipient of services is not available

10 Insurance services• B2B: Location of such registered person• B2C: Location of the recipient of

services in the records of the supplier

11 Advertisement services to the Government

• Each of States/Union Territory where theadvertisement isbroadcasted/displayed/run/disseminated

• Proportionate value in case of multipleStates



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12

Telecommunication services

• Services involving fixed line, leased andinternet leased circuits, dish antennaetc: Location of such fixed equipment

• Post-paid mobile/ internet services:Location of billing address of the recipient and if the same is not available, location of supplier

• Pre-paid mobile/ internet/DTH servicesprovided:•Through selling agent/re- seller/distributor: Address of such sellingagent/re- seller/distributor in the recordsof supplier at the time of supply• By any person to final subscriber:Location where pre-payment is receivedor place of sale of vouchers• When payment made through electronicmode - Location of recipient in recordsof supplier

• Other cases: Address of the recipient inthe records of the supplier and if thesame is not available, location of supplier

If the leased circuit is installed in more than one State


(ii) For the rest of the services other than those specified above, the default provision has beenprescribed as under:Default rule for the services other than the 12 specified services

Sr No Description of Supply Place of Supply 1 B2B Location of such registered person

2 B2C Where the address on record exists: LOR Other cases: LOS of services



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4) Place of supply of services where location of supplier OR location of recipient is outsideIndia [Section 13]

I. In respect of the following categories of services, the place of supply is determined with referenceto a proxy; rest of the services are governed by the default provision.(Memory Technique = PBEI2T3-O2)

Sr No Nature of Service Place of Supply

1

Services supplied in respect of goods which

are required to be made Physicallyavailable

Location where the services are actually sperformed

Services supplied in respect of goods but from a remote location by way of

electronic means

Location where the goods are situated at the time of supply of services

Above provisions are not applicable in case of goods that are temporarily imported into India for repairs or any other treatment or process and exported after repairs without being put to

any other use in India

2

Services which require the physical presence of the recipient or the person acting on his behalf with the supplier of

services

Location where the services are actually performed

3 Service supplied directly in relation to an

Immovable property includingaccommodation in hotel, boat, vessel

Place where the immovable property is located or intended to be located

4 Admission to or organisation of an Event Place where the event is actually held

If the above services are supplied at more than one location i.e., (i) Goods & individual related(ii) Immovable property-related(iii) Event relatedAt more than one location, including a location in

the taxable territory Location territory in the taxable

In more than one State Each such State in proportion to the value of services provided in each State



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5

Services supplied by a Banking company,or a financial institution, or a NBFC to

account holders

Location of the supplier of services Intermediary servicesServices consisting of hiring of means of Transport, including yachts but excludingaircrafts and vessels, up to a period of one

month

6 Transportation of goods, other than byway of mail or courier

Place of destination of such goods

7 Passenger TransportationPlace where the passenger embarks on the

conveyance for a continuous journey

8 Services provided On-board a conveyanceFirst scheduled point of departure of that

conveyance for the journey

9 Online information and database access or

retrieval services (OIDAR Services)

Location of recipient of service

II. For the rest of the services other than those specified above, a default provision has beenprescribed as under:

Sr No Nature of Service Place of Supply

Default rule for the cross-border supply of services other than nine specified services

1 Any Services

• Location of the recipient of service• Location of the supplier of service, if

location of recipient is not available inthe ordinary course of business



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IGST Rules : IGST Rule: To compute the proportionate value of advertisement services attributable to different States or UT in the absence of any contract between the supplier and recipient:

Rule Means of Advertisement Mode of Payment & Basis of Apportionment

3 (1) Newspapers and publications

The amount payable for publishing an advertisement in all the editions of a newspaper or publication, which are published in a State or Union territory, as the case may be

3 (2) Printed material like pamphlets, leaflets, diaries, calendars, T-shirts

The amount payable for the distribution of a specific number of such material in a particular State or Union territory

3 (3) Hoardings other than on trains

The amount payable for the hoardings located in each State or Union territory.

3 (4) Hoarding , ads placed on trains

The breakup, calculated on the basis of the ratio of the length of the railway track in each State for that train, of the amount payable for such advertisements

3 (5) On back of utility bills of oil & gas companies etc.

The amount payable for the advertisements on bills pertaining to consumers having billing addresses in such States or Union territory

3 (6) Ads on Railway tickets The breakup, calculated on the basis of the ratio of the number of Railway Stations in each State or Union territory, when applied to the amount payable for such advertisements

3 (7) Radio Stations The amount payable to such radio station, which by virtue of its name is part of a State or Union territory.

3 (8) Television Channels

The amount attributable to the value of advertisement service disseminated in a State shall be calculated on the basis of the viewership of such channel in such State, which in turn, shall be calculated in the given manner

• the channel viewership figures be taken from figurespublished in this regard by the Broadcast AudienceResearch Council;

• the figures published for the last week of a given quartershall be used for calculating viewership for the succeedingquarter

• where such channel viewership figures relate to a regioncomprising of more than one State or Union territory, theviewership figures for a State or Union territory of that region,



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shall be calculated by applying the ratio of the populations of that State or Union territory, as determined in the latest Census, to such viewership figures

the ratio of the viewership figures for each State or Union territory as so calculated, when applied to the amount payable for that service, shall represent the portion of the value attributable to the dissemination in that State or Union territory

3 (9) At cinema halls the amount payable to a cinema hall or screens in a multiplex, in a State or Union territory, as the case may be

3 (10) Over Internet

The advertisement service shall be deemed to have been provided all over India. Thus, the value of such service will be apportioned amongst all States and UTs, of India in the manner prescribed therein.

The amount attributable to the value of advertisement service disseminated in a State or Union territory shall be calculated on the basis of the internet subscribers in such State or Union territory, which in turn, shall be calculated in the following manner, namely:

(I) the internet subscriber figures for a State shall be takenfrom the figures published in this regard by the TelecomRegulatory Authority of India;

(ii) the figures published for the last quarter of a given financialyear shall be used for calculating the number of internetsubscribers for the succeeding financial year;

(iii) where such internet subscriber figures relate to a regioncomprising of more than one State or Union territory, thesubscriber figures for a State or Union territory of that regionshall be calculated by applying the ratio of the populations ofthat State or Union territory, as determined in the latestcensus, to such subscriber figures; the ratio of the subscriberfigures for each State or Union territory as so calculated, whenapplied to the amount payable for this service, shall represent theportion of the value attributable to the dissemination in thatState or Union territory.



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3(11) Short Message

The amount attributable to the value of advertisement service disseminated in a State or Union territory shall be calculated on the basis of the telecommunication (hereinafter referred to as telecom) subscribers in such State or Union territory, which in turn, shall be calculated in the following manner, namely:

(a) the number of telecom subscribers in a telecom circleshall be ascertained from the figures published by the TelecomRegulatory Authority of India on its website www.trai.gov.in;

(b) the figures published for a given quarter, shall be used forcalculating subscribers for the succeeding quarter;

(c) Where such figures relate to a telecom circle comprising ofmore than one State, or Union territory, the subscriber figuresfor that State or Union territory shall be calculated by applyingthe ratio of the populations of that State or Union territory,as determined in the latest census, to such subscriber figures.

(d) the ratio of the subscriber figures for each State or Unionterritory as so calculated, when applied to the amount payable forthat service, shall represent the portion of the value attributableto the dissemination in that State or Union territory.



http://www.trai.gov.in/

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Computation of value of services where immovable property is located in more than one State and where the location of supplier and recipient is in India [New rule 4 of the IGST Rules]

Computation of value of services where event is organised in more than one State and where the location of supplier and the recipient is in India [New rule 5 of the IGST Rules]

S.No. Type of service in relation to immovable property Factor which determines the proportionate value of service

(a)

Service provided by way of lodging accommodation by hotel, inn, guest house etc. and its ancillary services(other than the cases where such property is a single property located in 2 or more contiguous States/ UT or both)

Number of nights stayed in such property

All other services provided in relation to immovable property including :

Area of the immovable property lying in each State/ UT

services by way of accommodation in any immovable property for organising any marriage or reception etc.

(b)

Supply of accommodation by a hotel, inn, guest house, club or campsite, by whatever name called where such property is a single property located in 2 or more contiguous States or/and UT

Services ancillary to services mentioned above

(c)

Services by way of lodging accommodation by a house boat or vessel and its ancillary services

Time spent by the boat or vessel in each such State/ UT, to be determined on the basis of declaration made by the service provider

Particulars Place of Supply

If contract or agreement exists

The place of supply of such service is deemed to be in each of the respective State/ UT in proportion to the value of services determined in terms of the contract or agreement entered into in this regard.

In the absence of any such contract or agreement

The value is determined in accordance with rule 5 by the application of generally accepted accounting principles.



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Computation of value of services where leased circuit is installed in more than one State and where the location of supplier and the recipient is in India [New rule 6 of the IGST Rules]

In the absence of any such contract or agreement, the value is determined in accordance with rule 6 in proportion to the number of points lying in the State/ UT.

Computation of value of services where the service is performed in more than one State and where the location of supplier or the recipient is outside India [New rule 7 of the IGST Rules]

Section 13(3) POS of goods and individual requiring physical presence. The place of supply of such services is the location where such services are performed.

As per section 13(7) of the IGST Act, if such services are supplied in more than one State/ UT, the place of supply of such services is taken as being in each such State/ UT and the value of such supplies is determined in terms of the contract or agreement entered into in this regard. In the absence of any such contract or agreement, the value is determined in accordance with rule 7 in the following manner:-

S.No. Cases Manner of computing the proportionate value of service

(i) Services supplied on the same goods

Equally dividing the value of service in each of the States/ UT where the service is performed

(ii) Services supplied on different goods

Considering the ratio of the invoice value of goods in each States/ UT, on which service is performed, as the ratio of the value of the service performed in each State/UT

(iii) Services supplied to individuals Applying generally accepted accounting principles.



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5) Place of supply of research and development services related to pharmaceutical sector

Sl. No. Nature of supply Place of supply

1. Integrated discovery and development

When research and development services related to pharmaceutical sector are supplied by a person located in taxable territory to a person located in the non-taxable territory, the place of supply shall be the location of the recipient of services subject to fulfillment of the following conditions:- (i) Supply of servicesfrom the taxable territory isprovided as per a contract betweenthe service provider located intaxable territory service recipientlocated in non-taxable territory.(ii) Such supply of services fulfillsall other conditions in the definitionof export of services, except thecondition that place of supply isoutside India

2. Integrated development

3. Evaluation of the efficacy of new chemical/ biological entities in animal models of disease

4. Evaluation of biological activity of novel chemical/ biological entities in in-vitro assays

5. Drug metabolism and pharmacokinetics of new chemicalentities

6. Safety Assessment/ Toxicology

7. Stability Studies

8. Bio-equivalence and Bioavailability Studies

9. Clinical trials

10. Bio analytical studies

6) Clarification regarding determination of place of supply in certain cases• Services provided by Ports - place of supply in respect of various cargo handling services provided by

ports to clients Clarification: It is hereby clarified that such services are ancillary to or related to cargo handling

services and are not related to immovable property. Accordingly, the place of supply of such services will be determined as per the provisions contained in section 12(2) or section 13(2) of the IGST Act, as the case may be, depending upon the terms of the contract between the supplier and recipient of such services.



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• Services rendered on goods temporarily imported in India - place of supply in case of services renderedon unpolished diamonds received from abroad, which are exported after cutting, polishing etc.

Clarification: In case of cutting and polishing activity on unpolished diamonds which are temporarily imported into India are not put to any use in India, the place of supply would be determined as per the provisions contained in section 13(2) of the IGST Act i.e. “location of recipient of services” or location of the recipient of services is not available: “location of supplier of services”

7) Clarification regarding determination of place of supply in case of software/ designservices related to Electronics Semi-conductor and Design Manufacturing (ESDM) industryIssue: How should the place of supply be determined in case of supply of software/design servicesby a supplier located in taxable territory to a service recipient located in non-taxable territory byusing the sample hardware kits provided by the service recipient?

Clarification: It is clarified that the place of supply of software/design by supplier located in taxable territory to service recipient located in non-taxable territory by using sample prototype hardware / test kits in a composite supply, where such testing is an ancillary supply, is the location of the service recipient as per section 13(2) of the IGST Act. Provisions of section 13(3)(a) of IGST Act do not apply separately for determining the place of supply for ancillary supply in such cases.



Export of Goods & Services Export of Goods Export of Services

• As per Section 2(5) of IGST Act, 2017: “export ofgoods” with its grammatical variations and cognateexpressions, means taking goods out of India to aplace outside India;

Note : • As per Section 7(5)(a) of IGST Act, 2017: Supply

of goods or services or both, When the supplier islocated in India and the place of supply isoutside India; - it will be treated to be an InterState trade or commerce.

• Export of Goods are Zero Rated

• As per Section 2 (6) of IGST Act, 2017 :“Export of services” means the supply of anyservice when,–(i) the supplier of service is located in India;(ii) the recipient of service is located outsideIndia;(iii) the place of supply of service is outsideIndia;(iv) the payment for such service has beenreceived by the supplier of service in convertibleforeign exchange or in Indian rupees whereverpermitted by the RBI and(v) the supplier of service and the recipientof service are not merely establishments of adistinct person in accordance with Explanation1 in section 8:

Note : • As per Section 7(5)(a) of IGST Act, 2017:

Supply of goods or services or both, When thesupplier is located in India and the place ofsupply is outside India; - it will be treated to bean Inter State trade or commerce.

• Export of Services are Zero Rated

CHAPTER 12 Import, Export and Zero rated Supply



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Import of Goods & Services Import of Goods Import of Services

• As per Section 2 (10) of IGST Act, 2017:‘import of goods” with its grammaticalvariations and cognate expressions, meansbringing goods into India from a place outsideIndia;

Note : • As per Section 7(2) of IGST Act, 2017: Supply

of goods imported into the territory of India,till they cross the customs frontiers of India,shall be treated to be a supply of goods in thecourse of inter-State trade or commerce.

• As per Section 2 (11) of IGST Act, 2017:‘‘import of services” means the supply ofany service, where–

(i) the supplier of service is located outsideIndia;(ii) the recipient of service is located in India;and(iii) the place of supply of service is inIndia;Note :• As per Section 7(4) of IGST Act, 2017:

Supply of services imported into theterritory of India shall be treated to be asupply of services in the course of inter-State trade or commerce.

Author’s Special Note:

Sr. No LOS LOR POS Inter State or Intra State Remarks

1 Germany Mumbai Mumbai Inter State Supply Import : IGST : Reverse Charge applies Except NTOR

2 Mumbai Germany Germany Inter State Supply Export : Zero rated supply if other 2 conditions fulfilled

3 Mumbai Germany Mumbai Inter State Supply but not Export

Since LOR is in India it cannot be treated as Export

4 Germany Singapore Mumbai Inter State Supply

Inter State as per Section 7(5) but exempt if both parties in Non-Taxable Territory then all services are exempt except transport of Goods in Vessel



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Taxability of OIDAR Services

Type of service

Supplier of Service Recipient of Service Status Remarks

OIDAR Services

Any Person located in Non-Taxable Territory

Non-Taxable Online Recipient

Taxable

Supplier is liable to take registration and

pay tax u/s 14 of IGST Act, 2017

OIDAR Services Trust Taxable Trust is liable to pay tax under RCM basis

Other Online Services

Non-Taxable Online Recipient Exempt

Exemption given under N/No. 9/2017 - IT ® dt.

28.06.17

Other Online Services Trust Exempt

Exemption given under N/No. 9/2017 - IT ® dt. 28.06.17 only if these are received for the

purpose of carrying out charitable activity

OIDAR Services or other online

services

Any person other than Non- Taxable online recipient located in taxable territory

Taxable

Reverse Charge is applicable under N / No. 10 /2017-IT ® dt.

28.06.17



Who is required to maintain his books of accounts and at which place? • Every Registered Person – at his Principal Place of Business• Where more than one place of business - the accounts relating to each place of business shall

be kept at such places of business.• If any documents or books of accounts are found at any other premises they shall be presumed to

be maintained by the registered person.• Books of accounts can be maintained in electronic form in such manner as may be prescribed.

Types of Accounts and Records Every Registered Person shall maintained following books of accounts

(a) production or manufacture of goods;(b) inward and outward supply of goods or services or both;(c) stock of goods;(d) input tax credit availed;(e) output tax payable and paid; and

such other particulars as may be prescribedRecords Prescribed By Rules :

(1) The goods/services imported/exported,(2) Supplies attracting payment made on RCM basis along with relevant documents, bill of supply,

delivery challan, credit notes, debit notes, receipt voucher etc.(3) Separate account of advances received, paid and adjustments made thereto.

Records to be made by Specific Persons Records which are required to be maintained by Agent [Rule 56(11)] (a) particulars of authorisation received by him from each principal to receive or supply goods or

services on behalf of such principal separately;(b) particulars including description, value and quantity (wherever applicable) of goods or servicesreceived on behalf of every principal;(c) particulars including description, value and quantity (wherever applicable) of goods or servicessupplied on behalf of every principal;

Accounts and Records CHAPTER 13



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(d) details of accounts furnished to every principal; and(e) tax paid on receipts or on supply of goods or services effected on behalf of every principal.Records to be maintained by a manufacturer [Rule 56(12)] Monthly production accounts showing quantitative details of raw materials or services used in the manufacture and quantitative details of the goods so manufactured including the waste and by products thereof Records to be maintained by a supplier of services [Rule 56(13)] Accounts showing quantitative details of goods used in the provision of services, details of input services utilised and the services supplied. Records to be maintained by a supplier of Works Contract Services [Rule 56(14)] • The names and addresses of the persons on whose behalf the works contract is executed;• Description, value and quantity (wherever applicable) of goods or services received for theexecution of works contract;

• Description, value and quantity (wherever applicable) of goods or services utilized in theexecution of works contract;

• The details of payment received in respect of each works contract; andThe names and addresses of suppliers from whom he received goods or services.Records which are not to be maintained by a supplier opting for composition levy [Rule 56(2) and (4)] (i) Stock of goods: Accounts of stock in respect of goods received and supplied by him, and such

accounts shall contain particulars of the opening balance, receipt, supply, goods lost, stolen,destroyed, written off or disposed of by way of gift or free sample and the balance of stockincluding raw materials, finished goods, scrap and wastage thereof.

(ii) Details of tax: Account, containing the details of tax payable (including tax payable under reversecharge), tax collected and paid, input tax, input tax credit claimed, together with a register oftax invoice, credit notes, debit notes, delivery Challan issued or received during any tax period.

Audit of Accounts Every registered person whose turnover during a financial year exceeds Rs. 2 Crores shall get his accounts audited by a CA or a CMA. Shall submit a copy of the audited annual accounts, the reconciliation statement under Section 44(2) and such other documents in such form and manner as may be prescribed.



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Failure to maintain the accounts • Where the registered person fails to account for the goods or services or both• the proper officer shall determine the amount of tax payable on the goods or services or both

that are not accounted for• The provisions of section 73 or section 74, as the case may be, shall, mutatis mutandis, apply

for determination of such tax.

Period of Retention of Accounts • Every registered person shall maintain accounts - 72 months (i.e. 6 Years) from the due

date of furnishing of annual return for the year pertaining to such accounts and records.• Every registered Person who is party to Appeal shall maintain accounts for a period of one

year after final disposal of such appeal or revision or proceedings or investigation, or 72months (i.e. 6 Years) from the due date of furnishing of annual return, whichever is later.

Audit of Accounts [Section 35(5) read along with Section 44(2) and rule 80] : Every registered person whose aggregate turnover during a financial year exceeds Rs. 2 Crores shall get his accounts audited by a CA or a CMA and Shall submit a copy of the audited annual accounts, the reconciliation statement. A Reconciliation Statement, duly certified, in prescribed form

Value of supply as per Returns for FY Value of supply as per Audited Annual Financials Statements

Books of accounts of the CG/SG/LA would not be subject to audit by a CA/CMA if the same are subject to audit by CAG of India or any statutory auditor appointed for auditing the accounts of local authorities.

Reconciliation



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E-Way Bill [Section 68 read with Rule 138]:

When is e-way bill required to be generated?

Whenever there is a movement of goods of consignment value exceeding Rs. 50,000:

i. in relation to a supply; or

ii. for reasons other than supply; or

iii. due to inward supply from an unregistered person,

The registered person who causes such movement of goods shall furnish the information relating to the said goods as specified in Part A of Form GST EWB-01 before commencement of such movement.

Special situations where e-way bill needs to be issued even if value the of the consignment is less than Rs. 50,000:

1. Inter-State transfer of goods by principal to job-worker2. Inter-State transfer of handicraft goods by a person exempted from obtaining

registration3. Voluntary Generation of E-way Bill

Details required to be furnished in E-Way Bills. An e-way bill Form GST EWB-01 contains two parts

Part A Part B GSTIN of supplier Vehicle Number

place of delivery Transporter document number GSTIN of Recipient -

Document Number -

Document Date - value of goods -

HSN code - reasons for transportation



Summary Book

Part A to be furnished by a registered person who is causing the movement of goods

**However, information in Part-A may be furnished:

✓ by the transporter, on an authorization received from such registered person or

✓ by the e-commerce operator or courier agency on an authorization received from theconsignor

Part B to be furnished by the person who is transporting the goods

E-way Bill is required to be generated by:

Situations Who will generate Goods transported by a RP as consignor or consignee RP to generate E way Bill E-way bill not generated by RP and the goods arehanded over to the transporter, for transportationof goods by road

RP furnish details of transporter in Part B and E-way bill shall be generated by the transporter

Goods transported by railways or by air or vessel RP to generate E way Bill

Railways shall not deliver goods unless the e-way bill required under rules is produced at the time of delivery

When is it not mandatory to furnish the details of conveyance in Part-B?

Details of conveyance may not be furnished in Part-B of the e-way bill where the goods are transported for a distance of upto 50 km within the State/Union territory.

Acceptance and Rejection of E-Way Bill • The details of the e-way bill generated shall be made available to the supplier or recipient,

if registered.• Such supplier or recipient shall communicate his acceptance or rejection of the consignment

covered by the e-way bill.• In case, the person to whom the information in Part-A is made available, does not

communicate his acceptance or rejection within the specified time, it shall be deemedthat he has accepted the said details.

The time-limit specified for this purpose is:

I. 72 hours of the details being made available to him on the common portal, or

II. the time of delivery of goods,



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Whichever is Earlier.

Validity period of e-way bill / consolidated e-way bill Sr

No Distance within country Validity period from relevant date

1 Up to 100 km 1 day in cases other than Over Dimensional Cargo or multimodal shipment in which at least one leg involves transport by ship

2 For every 100 km or part

thereof thereafter 1 additional day in cases other than Over Dimensional Cargo or multimodal shipment in which at least one leg involves transport by ship

3 Up to 20 km 1 day in case of Over Dimensional Cargo or multimodal shipment in which at least one leg involves transport by ship

4 For every 20 km or part

thereof thereafter 1 additional day in case of Over Dimensional Cargo or multimodal shipment in which at least one leg involves transport by ship

Transfer of goods from one conveyance to another :

• where the goods are transferred from one conveyance to another, consignor or recipient, whohas provided information in Part A, or the transporter shall, before such transfer and furthermovement of goods, update the details of conveyance in Part B.

Documents and devices to be carried by a person-in-charge of a conveyance The person-in-charge of a conveyance shall carry - (a) the invoice or bill of supply or delivery Challan and(b) a copy of the e-way bill in physical form or the e-way bill number in electronic form

or mapped to a RFID embedded on to the conveyance [except in case of movementof goods by rail or by air or vessel]

In case of imported goods, also carry a copy of the bill of entry.



Summary Book

Invoice Reference Number (IRN) in lieu of tax invoice

Documents in lieu of e-way bill

where circumstances so warrant, the Commissioner may, by notification, require the person-in- charge of the conveyance to carry the following documents instead of the e-way bill:

(a) Tax invoice or bill of supply, or bill of entry; or

(b) A delivery Challan, where goods are transported for reasons other than supply

Cancellation of e-way bill

• where an e-way bill has been generated, but goods are either not transported or are nottransported as per the details furnished in the e-way bill, the e-way bill may be cancelledelectronically on the common portal within 24 hours of generation of the e-way bill

• However, an e-way bill cannot be cancelled if it has been verified in transit• Further, unique EWB number generated is valid for a period of 15 days.

Facility for uploading information regarding detention of vehicle

• where a vehicle has been intercepted and detained for a period exceeding 30 minutes,the transporter may upload the said information in specified form on the commonportal.

Inspection and verification of goods

▪ A summary report of every inspection of goods in transit shall be recorded online bythe proper officer in Part A within 24 hours of inspection and the final report in PartB shall be recorded within 3 days of such inspection.

▪ The Commissioner, or any other officer authorised by him, may, on sufficient cause being

An IRN is a number which a GST registered taxpayer may generate from the E-Way bill portal by uploading an invoice in Form GST INV-01. This will be valid for a period of 30 day and can be used instead of a physical tax invoice.

A registered person may obtain an Invoice Reference Number from the common portal by uploading, on the said portal, a tax invoice issued by him and produce the same for verification by the proper officer in lieu of the tax invoice and such number shall be valid for a period of 30 days from the date of uploading.

Registered person will not have to upload the information in Part A of E-way bill for generation of e-way bill and the same shall be auto-populated by the common portal.



Summary Book

▪ shown, extend the time for recording of the final report, for a further period not exceeding3 days.

▪ No further physical verification of the said conveyance shall be carried out again in theState/Union territory, unless a specific information relating to evasion of tax is madeavailable subsequently.

▪ Only such goods and/or conveyances should be detained/confiscated in respect of which

• there is a violation of the provisions of the GST Acts or the rules made thereunder.

Consolidated E-way bill ▪ Where the consignor/consignee has not generated the e-way bill in Form GST

EWB-01 and the aggregate of the consignment value of goods carried in the conveyanceis more than Rs. 50,000 the transporter, except in case of transportation of goods byrailways, air and vessel, shall, in respect of inter-State supply, generate the e-way billin Form GST EWB- 01 In Form GST EWB-02 on the common portal prior to the movementof goods.

▪ However, where the goods to be transported are supplied through an e- commerceoperator or a courier agency, the information in Part A of Form GST EWB-01may be furnished by such e-commerce operator or courier agency.

• Where multiple consignments are intended to be transported in one conveyance, thetransporter may indicate the serial number of e-way bills generated in respect of eachsuch consignment electronically on the common portal and a consolidated e-way bill inForm GST EWB-02 may be generated by him on the said common portal prior to themovement of goods.



1) Manner of Issuing the invoiceSupply of Goods Supply of Services

Triplicate Duplicate • Original copy for recipient• Duplicate copy for transporter; and• Triplicate copy for supplier

• Original copy for recipient; and• Duplicate copy for supplier

The serial number of invoices issued during a month / quarter shall be furnished electronically in FORM GSTR-1.

2) Types of Invoice

3) Receipt Voucher

Where at the time of receipt of advance, rate of tax/ nature of supply is not determinable Where at the time of receipt of advance (i) Rate of tax is not determinable tax shall be paid at the rate of 18% (ii) Nature of supply is notdeterminable

same shall be treated as inter-State supply

Types of Invoices

Tax Invoice

To be issued by Registered Person making Supply of Taxable Goods or Services

Bill of Supply

To be issued by Person making Exempted

Supply or by Composite dealer

Invoice cum Bill of Supply

To be Issues by person engaged in making taxable as well as Exempted supply

Tax Invoice, Debit note and Credit Note

SupplierAdvance payment

RecipientReceipt Voucher

CHAPTER 14



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Advance payment

Supplier Recipient

Refund Voucher

Supply Receipt Voucher

4) Refund Voucher

5) Consolidated Tax InvoiceConsolidated Tax Invoice shall be issued for such supplies at the close of each day in respect of all such supplies Tax Invoice is not required to be issues where:

• Value of supply < Rs. 200• Recipient is unregistered• Recipient does not require such invoice

6) Revised Tax Invoice

Revised Tax Invoices to be issued in respect of taxable supplies effected during this period

Date of issuance of certificate of registration

Effective date of registration

Particulars of the Debit and Credit Notes are also same as revised tax invoices

In case of inter-State supplies, CTRI cannot be issued in respect of all unregistered recipients if the value of a supply exceeds ` 2,50,000 during this period.

Consolidated Revised Tax Invoice (CTRI) may be issued in respect of taxable supplies made to an unregistered recipient during this period



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7) Credit Note

8) Debit Note

Where a tax invoice has been issued for supply of any goods or services or both

Tax charged in invoice < Tax payable in respect of such supply

Taxable value in invoice < Taxable value in respect of such supply

Taxable value in invoice > Taxable value in respect of such

supply

Tax charged in invoice > Tax payable in respect of such supply

OR

where the goods supplied are returned by the recipient

OR

where goods or services or both

supplied are found to be deficient

Registered Supplier of goods or services or both

Where one or more tax invoice have been issued for supply of any goods or services or both

Registered Supplier of goods or services or both

may issue one or more Credit Note for supplies made in a F.Y

Issue one or more Debit Note for supplies made in FY

Recipient of goods or service for both



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9) Signature/ digital signature of supplier/ his authorised representative not required on :(i) Electronic tax invoice,(ii) Electronic bill of supply,(iii) Electronic consolidated tax invoice in case of banking companies etc. and(iv) Electronic ticket for passenger transportation service

10) Number of HSN digits required on tax invoice and class of registered person not requiredto mention HSN:

Sr. No Annual Turnover in the Preceding FY No of digits

of HSN Code

1 AT ≤ Rs. 1.5 crores Nil 2 Rs. 1.5 Cr < AT ≤ Rs. 5 Cr 2 3 AT > Rs. 5 crores 4

11) Special provisions pertaining to tax invoice for services by way of admission to exhibitionof cinematograph films in multiplex screens [Rule 46 and 54 of the CGST Rules]A registered person has an option to issue consolidated tax invoice for supplies at the close of each day where the value of goods or services supplies is less than Rs. 200; recipient is unregistered and does not require tax invoice

With effect from 01.09.2019, fourth proviso to rule 46 has been amended to disallow this option to a supplier engaged in making supply of services by way of admission to exhibition of cinematograph films in multiplex screens. A registered person who is supplying services by way of admission to exhibition of cinematograph films in multiplex screens shall be required to issue an electronic ticket. The said electronic ticket is deemed to be a tax invoice, even if such ticket does not contain the details of the recipient of service but contains the other information as mentioned under rule 46. Moreover, supplier of such services in a screen other than multiplex screens also has been given an option to follow above procedure.



Types of Electronic Ledger

Electronic Cash ledger

(Assume it as an account statement provided by bank, for easy understanding)

Debit Amount Credit Amount

• Credit amount of this ledger may be used forpayment of tax, interest, fees etc.• Remaining credit balance amount afterpayment of above tax etc. will be refunded totaxable person.

• Any deposit made towards tax, interest, penalty,late fee etc. via internet banking, RTGS, fundtransfer etc.• TDS/TCS claimed

Electronic Credit ledger

Debit Amount Credit Amount • Credit amount of this ledger may be used forpayment of output tax viz IGST, CGST, SGST,

UTGST in the prescribed order. • Input Tax credit as self-assessed in the return

in the form of IGST, CGST, SGST, UTGST

Electronic Liability Register

Debit Amount Credit Amount

• Amount payable towards tax, interest,fees etc.

• Tax or interest payable due to mismatch• Any other dues

• Electronic cash ledger

• Amount payable towards output tax • Electronic credit ledger

Payment of Tax CHAPTER 15



Summary Book

• Electronic Credit Ledger

The amount available in the electronic credit ledger may be used for making any payment towards output tax :

Tax Dues Utilisation of Cash ledger

Utilisation of Credit ledger

Output GST Yes Yes Interest Yes No Penalty Yes No Fees Yes No

Other Amount Yes No



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After, ITC of IGST to be completely exhausted mandatorily

ITC on account of SGST/ UTGST should be utilized towards payment of IGST only after the ITC of CGST has been utilized fully

•Output SGSTITC of CGST

•OutputCGST

ITC of SGST



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• Electronic Cash LedgerThe amount available in the electronic cash ledger may be used for making any paymenttowards

Tax interest penalty, fees or any other amount payable under the provisions of this Act or the rules made there

under

Minor and Major heads:

Major Heads Minor Heads IGST Tax Interest Penalty Fees Other CGST Tax Interest Penalty Fees Other SGST/UTGST Tax Interest Penalty Fees Other CESS Tax Interest Penalty Fees Other

Notes: Cross utilisation of funds across major or minor heads is not possible

Modes of Payment :

Major Heads

• IGST•CGST• SGST/UTGST•CESS

Minor Heads

• Tax• Interest• Penalty• Fee• Others



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Author’s Note: Certain liabilities only to be discharged through cash

• TDS u/s 51 or TCS u/s 52• RCM Payment• Composition Levy u/s 10• Interest, Penalty, Fees or any other amount under this act



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Order of Discharge of Liability of Taxable Person

Interest on delayed payment of tax

Interest Rates

If person pays the unpaid amount on his own

18% per annum

Undue or excess claim of Input tax credit or undue or excess

reduction in output tax liability

24% per annum

1. All dues related toprevious tax period

2. All dues related to current tax period

3. All duesincluding demand determined under section

73 and 74



Basic Features of return mechanism • Electronic filing of returns• Uploading of invoice level information• Auto-population of information relating to ITC from returns of supplier to that of recipient• Invoice-level information matching• Auto- reversal of Input Tax Credit in case of mismatch.

Modes of Filing Return

List of Returns under GST

Return Description Who is required to file Due date of filing

GSTR -1 Monthly Statement of Outward

supplies of Goods or Services

Registered Person 10th of the next month

GSTR -2 Monthly Statement of Inward

supplies of Goods or Services

Registered Person 15th of the next month

GSTR -3 Monthly Return for a normal taxpayer Registered Person 20th of the next month

GSTR-4 Return for FY or part of the year Taxable Person opting for Composition Levy

30th day of April following the end of FY

Quarterly Statement 18th of the month succeeding the Qtr

Returns under GST

Mod

es o

f Filin

g Re

turn

GST Suvidha Providers (GSPs)

Offline utilities provided by GSTN

GSTN portal (www.gst.gov.in)

CHAPTER 16



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GSTR-5 Monthly Return for a non- resident taxpayer Non-resident Taxpayer

20th of the month succeeding the tax period or within 7 days after expiry of registration, whichever

is earlier

GSTR-6 Monthly Return for an Input

Service Distributor (ISD)

Input Service Distributor 13th of the next month

GSTR-7 Monthly Return for authorities

deducting tax at source

Tax Deductor 10th of the next month

GSTR-8

Monthly Statement for E- Commerce Operator

depicting supplies effecting through it

E-Commerce Operator 10th of the next month

GSTR-9 Annual Return

Registered Person other than an ISD, TDS/TCS

Taxpayer, Casual Taxable Person

and Non- resident Taxpayer

31st December of next Financial Year

GSTR-10 Final Return Taxable Person whose registration has been

surrendered or cancelled

Within three months of the date of

cancellation or date of order of cancellation, whichever is later.



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Annual Return

Revision of Returns The mechanism of filing revised returns for any correction of errors/omissions has been done away with. The rectification of errors/omissions is allowed in the subsequent returns. However, no rectification is allowed after furnishing the return for the month of September following the end of the financial year to which such details pertain or furnishing of the relevant annual return, whichever is earlier.

Penal Provision relation to returns Any registered person who fails to furnish Form GSTR-1, GSTR-2, GSTR-3 or Final Return within the due dates. The he shall be liable to pay a late fee of Rs. 100 per day. Subject to a maximum of Rs. 5000.

Annual Return

This return needs to be filed by 31st December of the next Financial Year.

In this return, the taxpayer needs to furnish details of expenditure and income for the entire Financial Year.



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Person supplying online information technology and database access retrieval [OIDAR] services not required to furnish annual return and reconciliation statement

The Government has notified the persons compulsorily registered under section 24(xi) of the CGST Act read with rule 14 of CGST Rules i.e. supplying OIDAR services from a place outside India to a person in India, other than a registered person, as the class of registered persons who shall not be required to furnish - (i) the annual return and

(ii) the reconciliation statement

Filing of annual return under section 44(1) of the CGST Act for F.Y. 2017-18 and 2018-19 made optional for small taxpayers whose aggregate turnover is less than Rs 2 crores and who have not filed the said return before the due date Filing of annual return (GSTR- 9) u/s 44(1) of CGST Act read with rule 80(1) of CGST Rules, in respect of financial years 2017-18 and 2018-19, has been made voluntary for the registered persons whose turnover is less than Rs. 2 crore and who have not furnished the said annual return before the due date. The annual return shall be deemed to be furnished on the due date if it has not been furnished before the due date.



Different ways to assess the tax liability by a registered Person

Assessment and Audit

Provisional Assessment Self-Assessment

Where the taxable person is unable to determine – value; or

rate of tax

applicable to the goods or services or both to be supplied by him

In all other cases

For this –

• Taxable person shall furnish an application along with the documents insupport of his request.

• The proper officer after calling for additional information and documents, ifrequired, issue an order indicating therein- o value or the rate or both on the basis of which the assessment is to be

allowed on a provisional basis; o amount for which the bond is to be executed and security to be furnished

A registered person may assess his tax liability in two different ways depending upon the circumstances warranting such an assessment.

CHAPTER 17



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Different types of assessments which may be conducted by the department against the taxable person

There are three different type of assessments, which may be conducted by Tax Authorities Scrutiny Assessment - To make the assessment on selective basis of taxable person, who have filed return under section 39.

Best Judgement Assessment - To make the assessment of -

(i) Non-Filers of Return under section 39 (monthly/quarterly) or under section 45(final return)

(ii) Unregistered person liable to pay taxSummary Assessment - To protect the interest of revenue when:

➢ the proper officer has evidence that a taxable person has incurred a liability to pay taxunder the Act, and

➢ the proper officer has sufficient grounds to believe that delay in passing an assessmentorder may adversely affect the interest of revenue.

Assessment Self-Assessment - Every registered person shall himself assess tax liability and furnish a return. Provisional Assessment – • Person unable to determine value of supply or rate of tax.• Payment of tax on provisional basis on execution of bond on a request made.• Order for provisional assessment within 90 days of receipt of application• Final Assessment : Time: 6 months from date of communication of order• Extension: 6 months by Joint / Additional Commissioner , 4 years by commissioner• If Short paid, pay with interest u/s 50 i.e @ 18%(1st day after due date till date of actual

payment)• If Excess paid, refund with interest u/s 56 i.e @ 6%(after expiry of 60 days from receipt of

application till date of payment)Scrutiny of Returns: • In order to verify accuracy of return, the Proper Officer may examine return and seek

explanations.• If explanation offered is acceptable, no further action.• If No adequate explanation offered or no corrective actions then proper officer shall take action u/s

65,66,67,73 or 74 ( conduct audit or direct special audit or undertake procedure of inspection,search and seizure or proceeding for determination of tax)

Assessment of Non-filers of Return: If return is not furnished even after service of notice u/s 46, Proper officer shall assess the liability of tax within a period of 5 years from the date specified u/s 44 for furnishing of annual return.



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Withdrawal of Assessment order where RP furnishes valid return within 30 days of the service of AO But interest @ 18% or payment of late fees Rs. 100 per day subject to maximum of Rs. 5000 shall continue. Assessment of Unregistered Persons: Taxable person:

✓ Who fails to obtain registration✓ Registration has been cancelled u/s 29(2)

Proper officer to the best of his judgment, may issue an assessment order, within a period of 5 years from the date specified under section 44 for furnishing of the annual return. Summary Assessment in Certain Special Cases: • Proper officer may issue an assessment order imposing tax liability on a person based on any

evidence showing a tax liability.• If person to whom liability pertains is not ascertainable, the person in charge of goods shall be

assessed.• If order is erroneous, proper officer may withdraw such order and follow the procedure laid

down in section 73 or section 74.

Audit under the Act Audit by tax Authorities Special Audit

• Commissioner or any officer authorized byhim may undertake audit of any registeredperson.

• Audit may be conducted at the place ofbusiness or in their office.

• At least 15 days prior notice be given• Time Period : 3 months from the date of

conduct of audit.Extension : not exceedingsix months.

• On conclusion, registered person shall beinformed about findings, rights &obligations.

• If results in demand of tax, shall berecovered under section 73 or 74.

• At any stage of scrutiny, inquiry orinvestigation.

• Assistant Commissioner is of the opinion thatthe value has not been correctly declaredor the credit availed is not within thenormal limits

• May nominate a CA or CMA• Time period : 90 days• Extension : further 90 days• Audit will be conducted even if accounts have

already been audited.• If results in demand of tax, shall be recovered

under section 73 or 74.

Significant Notifications I. Audit by tax authorities can be conducted for a Financial year or a part of a year

or multiples thereof.

II. Summary of various assessment orders to be uploaded on portal in prescribed form.



1) Rate of TDS

2) Applicability of TDS

Situations Nature of Supply TDS

Supplier, place of supply & recipient- same State

Inter State Supply

TDS (CGST + SGST) to be deducted

Supplier and place of supply-different States TDS (IGST) to be deducted

Supplier & place of supply - same State & recipient located in another State

No TDS

3) TDS other PointsPerson liable to deduct TDS

• Department or Establishment of CG and SG• Local authority• Governmental agencies• Notified Person

o Authority or board or any other body▪ Set up by act of parliament or state legislature▪ Established by govt with 51% or more participation

Rate of TDS

Under CGST

1 %

Under IGST

2 %

TDS and TCS CHAPTER 18



Summary Book

o Society established by CG/SG/LAo PSU

• Categories of persons not liable to deduct TDS :o When goods and/or services are supplied from a PSU to another PSU, whether or not

a distinct person.o When supply of goods and/or services takes place between one person to another

person specified in clause a to d of section 51(1).

• It has been clarified that provisions of section 51 of the CGST Act are applicable onlyto such authority or a board or any other body set up by an Act of parliament or aState legislature or established by any Government in which 51% or more participationby way of equity or control is with the Government.

Threshold Limit – Total value of supply under a contract is more than Rs. 2.5 lakhs exclusive of GST as per invoice Rate of deduction – (1 % CGST + 1 % SGST) OR 2% IGST Due date of payment of TDS to government – within 10 days from the end of month

4) MANNER OF ACCOUNT OF TDS BY TDS DEDUCTOR

1 Such deductors need to get compulsorily registered under section 24 of the GST Act. 2 They need to remit such TDS collected by the 10th day of the month succeeding the

month in which TDS was collected. 3 The amount deposited as TDS will be reflected in the electronic cash ledger of the

supplier. 4 They need to issue certificate of such TDS to the deductee within 5 days of deducting

TDS failing which fees of Rs.100 per day subject to maximum of Rs. 5,000/- will be payable by such deductor.

5) Manner Of Account Of TDS By Supplier• Any amount shown as TDS will be reflected in the electronic cash ledger of the concerned

supplier.• He can utilize this amount towards discharging his liability towards tax, interest fees and any

other amount.



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6) Consequences of Not Complying with TDS Provisions

Sr No Event Consequence

1 TDS not deducted Interest to be paid along with the TDS

amount; else the amount shall be determined and recovered as per the law

2 TDS certificate not issued or delayed beyond the prescribed period of five days

Late fee of Rs. 100/- per day subject to a maximum amount of Rs. 5000/-

3 TDS deducted but not paid to the Government

or paid later than 10th of the succeeding month

Interest to be paid along with the TDS amount; else the amount shall be

determined and recovered as per the law

4 Late filing of TDS Returns Late fee of Rs. 100/- for every day during which such failure continues, subject to a

maximum amount of Rs. 5,000.

7) TCS Rate

8) Other Points in TCSPerson liable to Collect TCS – ECO Threshold Limit – Nil Rate of Collection of TCS – 1 % (CGST + SGST / IGST ) Value for Collection of Tax at source – Net value of taxable supply Due date of payment of TCS to government within 10 days from the end of month

Rate of TCS

Under CGST

0.5 %

Under IGST

1 %



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Net value of Taxable Supplies

9) Net Value Of Taxable Supplies

10) Filing of StatementStatement to be filed Monthly – by 10th of Succeeding Month Annual – by 31st December of Succeeding FY

11) Key Points relating to TCS(a) Every e-commerce operator is required to collect tax on behalf of actual supplier, where

consideration with respect to the supply is being collected by the e-commerce operator.(b) The e-commerce operator should make the collection during the month in which supply was

made.

Aggregate value of taxable supplies of

goods and/or services

other than notified services U/S 9(5) by all registered persons

taxable supplies returned to supplier



Summary of Provisions of Section 73 and Section 74 – Table A

Sr No Action by tax payer

Amount of penalty payable Remarks Normal Cases –

Section 73 Fraud Cases –

Section 74

1

Tax amount, along with the interest,

paid before issuance of notice

No penalty and no notice shall be issued

15% of the tax amount payable as

penalty and no notice shall be not be issued

The penalty shall also be not chargeable in cases where the

self- assessed tax or any amount collected as tax paid within 30 days from the due Date of payment

2


paid within 30 days of issuance of

notice

No penalty. All proceedings deemed

to be concluded


penalty. All proceedings deemed to be concluded.

3


paid within 30 days of communication

of order

10% of the tax amount or Rs. 10000 whichever is higher


penalty. All proceedings deemed to be concluded.

4


paid after 30 days of communication of

order

10% of the tax amount or Rs. 10000 whichever is higher

100 % of the tax amount

Demand and Recovery CHAPTER 19



Summary Book

Summary of Provisions of Section 73 and Section 74 – Table B

Sr No Nature of case Time for issuance of notice Time for issuance of order

1 Normal Cases

Within 2 years and 9 months from the due date of filing Annual Return for the Financial Year to which the demand pertains or from the date of

erroneous refund

Within 3 years from the due date of filing of Annual Return for the

Financial Year to which the demand pertains or from the date of

erroneous refund

2 Fraud Cases

Within 4 years and 6 months from the due date of filing of Annual

Return for the Financial Year to which the demand pertains or from the date

of erroneous refund.

Within 5 years from the due date of filing of Annual Return for the

Financial Year to which the demand pertains or from the date of

erroneous refund

3 Any amount

collected as tax but not paid

No time limit Within 1 year from the date of issue

of notice [to be discussed subsequently in this chapter]

4 Non- payment

of self- assessed tax

No need to issue a SCN Recovery proceedings can be started

directly [to be discussed subsequently in this chapter]



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Deposit of Excess Tax Collected

Case A : Persons liable to pay tax has collected GST in excess of Tax assessed / determined and paid Case B : Other person: has collected Excess GST / or collected tax on NIL rated / Exempt goods service The proper officer shall issue an order within 1 year from the date of issue of the notice

Modes of Recovery Proper officer may recover the dues u/s 78 in following manner:- 1) Reduction of dues from the amount by the tax authorities to

such person. (deduction from the refund payable)2) Recovery by way of detaining/selling any goods belonging to

such person3) Recovery from third person from whom money is due or may

become due to such person or recovery from person who holds ormay subsequently hold money (banks) for such person

4) Detain/seize any movable/immovable property belonging to suchperson until amount is paid & if the dues are not paid within30 days then the said property is to be sold and the amountpayable including cost of sell will be recover from sell proceedsand balance & is refundable

5) Officer will prepare the certificate of dues and send it to thecollector of district in which such person owns anyproperty/decides/carries the business and the collector willrecover such amount as arrears of land revenue

6) By way of making application to appropriate magistrate who inturm shall proceed to recover the amount as if it was a fineimposed by him

7) By enforcing bond/instrument executed under this act/ rules/registration

Provisional attachment

Grounds: during the pendency of proceedings u/s 62/63/64/67/73/74, if the proper officer is of the opinion that for the purpose of protecting the interest of revenue, it is Provisional Attachment shall be valid for 1 year from the date of such order



Issues Liability in case of Person Liable

Liability to pay tax Dues in certain cases

Transfer of business

Amalgamation or Merger of Companies

Company in liquidation

Company in liquidation (Pvt Co)

Directors of Private Company

Partners of firm to pay tax Agency Business

Guardians, Trustee etc

Court of Wards, etc

The taxable person & the person whom the business is transferred shall jointly and severally, be liable wholly or to the extent of transfer if the order is to take effect from a date earlier to the date of the order and the amalgamated/ merged companies have supplied or received any goods/services, such transactions shall be included in the turnover of supply or receipt of the respective companies and they shall be liable to pay tax Liquidator of the company (Receiver of any assets of a company) If tax dues cannot be recovered, then every person who was a director of such company at any time during the period for which the tax was due shall, jointly and severally, be liable for the payment of such dues. If tax dues cannot be recovered, then every person who was director of the Private Company during such period shall jointly and severally, be liable for payment of such dues The firm and each of the partners of the firm shall, jointly and severally, be liable for such payments Agent and his principal shall, jointly and severally, be liable to pay the tax Tax dues shall be recoverable from guardian, trustee or agent in like manner and the same extent as it would be determined and recoverable from any such minor or other incapacitated person

Tax dues shall be levied upon and be recoverable from- a) Court of Wards b) The Administrator of Generalc) The official Trustee or receiver or manager

Liability to Pay in Certain Cases CHAPTER 20



Summary Book

On death of a person liable to pay tax, interest or penalty (a) Business Carried on

by Deceased personis continued

(b) Business carried onby deceased person isdiscontinued(whether before orafter his death)

Legal representative or other person who continues the business

Legal representative shall be liable to pay out of the estate of the deceased, to extent to which the estate is capable of meeting the charge, tax dues

On partition of HUF or AOP

Property of the HUF and AOP is partitioned amongst the various members or groups of members, Then, each member / group of members shall, jointly and severally, be liable to pay the tax, interest or penalty due from the taxable person under said Act Up to the time of the partition

On dissolution of a firm Every person who was a partner shall, jointly and severally, be liable to pay the tax, interest or penalty due from the firm under said Act up to the time of dissolution

On termination of guardianship or trust

Ward or the beneficiary shall be liable to pay the tax, interest or penalty due from the taxable person Up to the time of the termination of the guardianship or trust

✓ Discontinuation ofbusiness by afirm/AOP/HUF

✓ Dissolution offirm/AOP or partitionof HUF

Every person who, at the time of such discontinuance, was a partner of such firm, or a member of such association or family, shall, notwithstanding such discontinuance, jointly and severally, be liable

Change in the constitution of the firm or AOP

Partners of the firm or members of association, as it existed before and as it exists after the reconstitution, shall, without prejudice to the provision of section 90, jointly and severally, be liable

Tax dues = Any Tax + interest + Penalty payable under GST

Significant Circulars: Transferee/successor be liable to pay any tax, interest or any penalty due from the transferor in cases of transfer of business due to death of sole proprietor.



Inspection

Carrying out any audit scrutiny, verification & checks to safe

guard interest of revenue

On making demand authorised by proper

officer

Person in charge must carry documents of conveyance with him

On intercepted by the proper officer

Relied up on for issue of notice

Not relied upon

Service an order on the owner or the custodian of the goods by the proper

officer

Retained by such officer for any inquiry or

proceedings under this act

Returned within 30 days of the issue of

notice

Not remove or deal with the goods except with the

previous permission of officer

Execution of bond & Furnishing security

Payment of applicable tax interest & penalty

Within 6 months of seizure of goods

Prepare inventory of such goods (Sec67(9))

Inspection of places of taxable as well as any person (Sec.67)

Search, Seize & confiscate goods, documents, books or things (Sec.67)

Business premises of registered person (sec71)

Goods in movement

(Sec 68)

practicable Not practicable

Taxable person has suppressed any

transaction relating to goods service or

both

Taxable person has claimed ITC

in excess of entitlement

Taxable person has

contravened any provision of

act or rules

Any person has kept goods or

books of accounts cause evasions of payment of tax

Evasion of tax by the person engaged in the

business of transporting goods, warehouse or

godown operator/owner

Goods documents or things etc are secreted & useful to any proceedings

Proper officer not below the rank of JC

Will record in writing the reasons to believe that

Power of summon any person whose attendance is necessary to give evidence or to produce documents

in any enquiry

Liability to produce the document by person in charge

Manner to release confiscated goods documents etc

Provisional Basis (Sec 67(6)

Actual discharge when no notice

issued (Sec67(7))

Perishable or hazardous goods

constraint of storage space etc (SEC67(8)

Disposed by proper officer

Within 15 working days of demand or any further period allowed

CHAPTER 21



Offences and penalties

Fraud Other

₹ 500L ₹ 500L<&> ₹ 200L ₹ 200L<&> ₹ 100L Aids/abets

commission of offence

Not less than 6 months

On 2nd Conviction Punishment will extend to 5 years and fine Min 6 months

Offences and Penalties

Up to 5 Years and fine Up to 3 Years and fine Up to 1 Years and fine Up to 6 months/ fine/ both

₹ 10,000

or

an amount equivalent to tax evaded / tax not deducted/ collected / not paid to the government / ITC availed, passed or distributed / fraudulent claimed refund, whichever is higher

Fails or furnished information return

which the periods as specified in notice

₹ 100 per day for which failure

continues, Max ₹ 5,000

Fails to furnish statistics without reasonable cause / willfully furnished any false information /return.

Fine upto ₹1000

In continuing offence ₹ 100 per day. Max ₹

25,000

Upto ₹ 25000

proseuation

Offences related to invoices transportation,

payment of tax deduction or collection, furnishing

of false records or information, etc (for details refer note1)

Tax not paid or erroneously refunded or ITC has been wrongly availed or utilized

Assist or abets offences mentioned in note-1

Acquire possession/concerns in dealing goods which he knows or reason to believe are liable to confiscation such as transport, remove, keeps conceals, supply or purchase

Receives/deals with supply of services which he knows or reasons to believe are liable to contravention of Act/Rules

Fails to appear when summon is issued to give evidence/ produce a document

Fails to issue invoice or account for in accordance with provisions

Higher of ₹10,000 or 100%

of tax due

Higher of ₹ 10,000 or 100%

of tax due

1 2

3

4

No penalty is provided separately

CHAPTER 22



Summary Book

Section 132: Punishment for Certain offences (a) supplies any goods or services or both without issue of any invoice(b) issues any invoice or bill without supply(c) avails input tax credit using such invoice or bill referred to in clause (b);(d) collects any amount as tax but fails to pay the same to the Government(e) evades tax, fraudulently avails input tax credit or fraudulently obtains refund(f) falsifies or substitutes financial records or produces fake accounts(g) obstructs or prevents any officer in the discharge of his duties under this Act;(h) acquires possession of, or in any way concerns himself in transporting, removing, depositing,

keeping, concealing, supplying, or purchasing(i) receives or is in any way concerned with the supply of, or in any other manner deals with any

supply of services(j) tampers with or destroys any material evidence or documents;(k) fails to supply any information which he is required to supply under this Act

Section 137 : Offences By Companies

Where an offence under this Act has been committed by a taxable person being a company - every person who, at the time the offence was committed was in charge of, shall be deemed to be guilty of the offence However, for an offence that has been committed – • with the consent or connivance of, or• is attributable to any negligence on the part of, any director, manager, secretary or other officer of thecompany,such director, manager, secretary or other officer shall also be deemed to be guilty of that offenceand shall be liable to be proceeded against and punished accordinglyWhere an offence under this Act has been committed by a taxable person being a partnership firm or a Limited Liability Partnership or a Hindu Undivided Family or a trust, the partner or karta or managing trustee shall deemed to be guilty of offence • with the consent or connivance of, or• is attributable to any negligence on the part of, any partner/member/trustee, manager, secretaryor other officer of the partnership firm or a Limited Liability Partnership or a Hindu UndividedFamily or a trust,such partner/member/trustee, manager, secretary or other officer shall also be deemed to be guilty ofthat offence and shall be liable to be proceeded against and punished accordingly. [Sub-Section (3) ofSection 137]



Summary Book

Section 138: Compounding of Offence Any offence, other than the following, may be compounded by the Commissioner, a) Offence specified in clauses (a) to (f) of sub-section (1) of section 132,b) Aiding/abetting offences specified in clauses (a) to (f) of sub-section (1) of section 132c) Any offence in respect of supplies of value > Rs. 1 crores, if the person charged with offence had

been allowed to compound earlier in respect of any of the said offencesd) a person who has been accused of committing an offence under this Act which is also an offence

under any other lawe) a person who has been convicted for an offence under this Act by a court;f) a person who has been accused of committing an offence specified in clause (g) or clause (j) or

clause (k) of sub-section (1) of section 132; andg) any other class of persons or offences as may be prescribed:Compounding shall be allowed only after making payment of tax, interest and penalty involved in such offences. The amount for compounding of offences under this section shall be such as may be prescribed, subject to – • The minimum limit for compounding amount is to be the higher of the following amounts:-(i) 50% of tax involved, or(ii) Rs. 10,000.• The upper limit for compounding amount is to be higher of the following amounts: -(i) 150% of tax involved or(ii) Rs. 30,000On payment of such compounding amount as may be determined by the Commissioner, no further proceedings shall be initiated under this Act against the accused person



Appeals and Revision Chapter Adjudication by Proper officer [Sec. 73/74/76]

Appeals and RevisionsChapter 23

Commissioner ➢ On his own motion➢ On request of commissioner

From SGST or UTGST

Revisional Authority - On his own motion- On information received- On request of SGST/UTGSTCommissioner

Appellate Authority

APL - 05 3 months + 3 months

Appellate Tribunal

Mandatory Pre-deposit = full amount of tax /interest/Penalty /Fine as agreed + 20% of dispute amount [Max 50 crores CGST]

Review 6 month + 1 month

APL - 03

GST APL – 01 appeal by aggrieved person within 3

months from date of communication of order condo nation

by 1 month

Order by proper officer

Order by officer below rank of revisional

Authority To satisfy himself About legality or propriety Of order

If effects revenue Of Government

➢ Erroneous➢ Illegal or improper➢ Not considering

material facts

Revision by Revisional Authority enhancing /modifying annulling

Appeal against order of Appellate Authority of Revisional Authority

Commissioner (Appeals) – if order Additional Commissioner or JC Joint Commissioner (Appeal) – if Order DC/ Assistant Commissioner Mandatory Pre-deposit= Tax/interest/Penalty/Fine Full Amount as agreed + 10% of dispute amount[Max 25 crores CGST]

If order of Appellate Authority/ Revisional Authority where disputed point is Place of Supply

In all other cases

Appellate State or Area Tribunal

Appeal against order directly to Supreme Court

National Appellate Tribunal or Regional Tribunal

Supreme Court High Court

Within 180 days APL - 08

Appeal to high court of Question of Law is involved



Summary Book

Appellate Tribunal

T.M. – Technical MemberJ.M. – Judicial Member

Center

National Bench (Delhi)

Regional Bench

T.M.(Center)

T.M.(State)

Head national President

J.M. T.M. (Center)

T.M.(State)

State

State President (Senior most J.M.)

J.M. T.M.(Center)

T.M.

(Center)

State Bench Area Bench

J.M. T.M.(Center)

T.M.

(Center)



16. 1

1. Circumstances under GST Act where refund can arise

Refund of taxes under GST laws may arise in following cases: (i) Export of Goods / Services(ii) Refund of Unutilised ITC : A registered person may claim refund of any unutilised input tax credit (ITC)

at the end of any tax period in the following cases:• Zero rated supplies:• Accumulated ITC on account of inverted duty structure:

However, refund of unutilized ITC shall not be allowed if:

a) the goods exported out of India are subjected to export duty;

b) the supplier of goods or services or both avails of drawback in respect of CGST or claims refundof the IGST paid on such supplies.

(iii) Deemed Export(iv) Balance of Electronic Cash Ledger(v) Refund Voucher(vi) Tax wrongly collected and paid to Government(vii) Refund to tourist(viii) Refund on account of Court Order(ix) Refund on account of Final assessment(x) Refund to UN BodiesA registered person may claim refund of any unutilised ITC in case of zero rated supplies or accumulated ITC on account of inverted duty structure at the end of any tax period

CHAPTER 24 Refund under GST



Summary Book

As per Explanation 2 to section 54: Meaning of Relevant date

Sr No Cases Relevant Date

A

In case of goods exported out of India where a refund of tax paid is available in respect of goods themselves or, as the case may be, the inputs or input services used in such goods and

(i) Goods are exported by sea or air Date on which the ship or the aircraft in which such goods are loaded, leaves India

(ii) Goods are exported by land Date on which such goods pass the frontier

(iii) Goods are exported by post Date of dispatch of goods by the Post Office concerned to a place outside India

B In case of supply of goods regarded as deemed exports

Date on which the return

C

In case of services exported out of India where a refund of tax paid is available in respect of services themselves or, as the case may be, the inputs or input services used in such services, and

(i) the supply of services had been completedprior to the receipt of such payment

Date of receipt of payment in convertible foreign exchange or in Indian rupees wherever permitted by

RBI

(ii) payment for the services had been receivedin advance prior to the date of issue of theinvoice

Date of issue of Invoice

D

Where tax becomes refundable as a consequence of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any court

Date of communication of such judgment, decree, order or direction

E Unutilised ITC in case of zero-rated supplies or accumulated ITC

Due date for furnishing of return under section 39 for the period in which such claim for refund

arises;”.

F In the case where tax is paid provisionally Date of adjustment of tax after the final assessment thereof

G In the case of a person, other than the supplier Date of receipt of goods or services

H Any other case Date of payment of tax



Summary Book

Amount to be claimed as refund in case of zero rated supply of goods or services and on account of inverted duty structure Refund of ITC shall be granted as per the following formula:

(Turnover of zero-rated supply of goods + Refund Amount = Turnover of Zero rated supply of services) Net ITC

Adjusted Total Turnover Where:

"Turnover of zero-rated supply of goods" means the value of zero- rated supply of goods made during the relevant period without payment of tax under bond/LUT; "Turnover of zero-rated supply of services" means the value of zero- rated supply of services made without payment of tax under bond or LUT, calculated in the following manner, namely:-

Turnover of Zero rated

supply of services

Payments received

during the relevant period of ZRSS

ZRSS where supply has been completed for which payment had been received in

advance in any period prior to relevant period

advances received for Zero rated supply of services for which the supply of services has not been completed during the relevant

period

Refund in case of “Inverted Tax Structure”

Maximum Refund Amount = (Turnover of Inverted rated supply of Goods X Net ITC) – Tax Payable Adjusted Total Turnover on such

inverted rated supply of goods

Where, "Refund amount" means the maximum refund that is admissible; "Net ITC" means input tax credit availed on inputs during the relevant period; "Adjusted Total turnover" means the turnover in a State or a Union territory, excluding the value of exempt supplies other than zero-rated supplies, during the relevant period. “Relevant period” Relevant period means the period for which the claim has been filed.



Summary Book

Documents for filing refund claim

If claim of refund is less than Rs. 2 lakhs Declaration by applicant certifying that there is no unjust enrichment

If claim of refund is more than Rs. 2 lakhs Certificate from CA/ CMA will have to be given

Documents required as per Rule 89

1 If refund resulted due to order passed by the proper officer or an Appellate

Authority or Appellate Tribunal or Court

The reference number of the order a copy of the order passed by the respective authority under GST laws

2 In a case where the refund is on account of export of goods.

Statement containing the number and date of shipping bills or bills of export and the number and date of relevant export invoices

3 In a case where the refund is on

account of export of services.

Statement containing the number and date of invoices and the relevant Bank Realization Certificates or Foreign Inward Remittance Certificates

4 In case of supply of goods made to a

SEZ unit or a SEZ developer.

A statement containing the number and date of invoices with the evidence regarding goods admitted in full for authorized operations as endorsed by the specified officer of SEZ

5

In case of supply of services to SEZ unit or SEZ developer

Statement containing the number and date of invoices, along with the evidence regarding receipt of services for authorized operations as endorsed by the specified officer of SEZ., and the details of payment

6

In a case where the refund is on account of supply of goods / services

made to a SEZ unit or a SEZ developer.

A declaration to the effect that tax has not been collected from the SEZ unit or the SEZ developer, in a case where the refund is on account of supply of goods or services or both made to a SEZ unit or a SEZ developer

7 in a case where the refund is on

account of deemed exports.

A statement containing the number and date of invoices along with such other evidence as may be notified in this behalf

8

ITC unutilised on account of inverted duty structure, other than nil-rated or

fully exempt supplies.

A statement containing the number and the date of the invoices received and issued during a tax period

9

In a case where the refund arises on account of the finalisation of provisional

assessment. The reference number of the final assessment order and a copy of the said order



Summary Book

10

Intra-State supply but which is subsequently held to be inter-State

supply

A statement showing the details of transactions considered as intra-State supply but which is subsequently held to be inter-State supply

11 Excess payment of tax A statement showing the details of the amount of claim on account of excess payment of tax;

Order of Refund (Section 54(5),(7) read with Rule 92) • If, on receipt of any such application, the proper officer is satisfied that the whole or part of

the amount claimed as refund is refundable, he may make an order in prescribed form within60 days from the date of receipt of application complete in all respects. (time limit of 60days shall be counted from the date of filing claim for refund)

Grant of Provisional Refund (Section 54(6) read with rule 91)

The proper officer may, in the case of any claim for refund on account of zero-rated supply of goods or services or both made by registered persons • Order refund on a provisional basis, 90% of the total amount so claimed• Proper officer shall issue a payment advice for the amount so sanctioned and the same shall be

electronically credited to any of the bank accounts of the applicant and thereafter make anorder under section 56(5) for final settlement of the refund claim after due verification ofdocuments.

Condition for grant of provisional refund: During any period of 5 years immediately preceding the tax period to which the claim for refund relates, not been prosecuted for any offence under the Act or under an existing law where the amount of tax evaded Rs. 2.5 Crores

Principal of Unjust Enrichment [Section 54(8) & (9)] • Theory of unjust enrichment postulates that only the person who has NOT passed the incidence of tax

will be eligible to claim the refund. If the refund claim of refund (barring specified exceptions) passes the test of unjust enrichment, it is paid to the applicant. Cases where provision of unjust enrichment shall not apply:

(a) refund of tax paid on export of goods or services or both or on inputs or input services used inmaking such exports;

(b) refund of unutilized ITC in case of zero rated supplies or accumulated ITC on account of invertedduty structure;

(c) refund of tax paid on a supply which is not provided, either wholly or partially, and for which invoicehas not been issued, or where a refund voucher has been issued;

(d) refund of tax in pursuance of section 77, i.e. tax paid tax on a transaction treated to be an intra-State supply, but which is subsequently held to be an inter-State supply or vice-versa.;



Summary Book

(e) the tax and interest, or any other amount paid by the applicant, if he had not passed on theincidence of such tax and interest to any other person; or

(f) the tax or interest borne by such other class of applicants as may be notified

Minimum refund claim [Section 54(14)]: No refund shall be paid to an applicant, if the amount is less than R s . 1,000.

Refund of integrated tax paid on export of goods or services under bond or Letter of Undertaking (LUT) [Rule 96A]

Any registered person availing the option to supply goods/services for export without payment of IGST shall furnish, prior to export, a bond/LUT in prescribed form to the jurisdictional Commissioner, binding himself to pay the tax due along with the interest specified @ 18% p.a. within a period of: (a) if the goods are not exported out ofIndia; or

15 days after the expiry of 3 months from the date of issue of the invoice for export

(b) if the payment of such services is notreceived by the exporter in convertibleforeign exchange

15 days after the expiry of one year, or such further period as may be allowed by the Commissioner, from the date of issue of the invoice for export or in Indian rupees, wherever permitted by Reserve Bank of India.

Refund to UN Bodies , Embassies Etc [Section 55 read with Section 54(2) of CGST Act]

Refund u/s 55 is allowed to following: Government may, on the recommendations of the Council, by notification, specify: (i) any specialised agency of the United Nations Organisation; or(ii) any Multilateral Financial Institution and Organisation notified under the United Nations(Privileges and Immunities) Act, 1947; or(iii) Consulate or Embassy of foreign countries; and(iv) any other person or class of persons as may be specified in this behalf,who shall, subject to such conditions and restrictions as may be prescribed, be entitled to claim arefund of taxes paid on the notified inward supplies of goods or services or both received by them.Time Limit for filing refund claim: Once in every quarter, but before the expiry of 6 months from the last day of the quarter in which such supply was received.

Note : Specialised agencies ought to get the refund of the IGST paid on imported goods also.



Summary Book

Interest on delayed Refund (Section 56 of CGST Act) Where any tax ordered to be refunded to any applicant is not refunded within 60 days from the date of receipt of application

Interest is payable on such refund @ 6% p.a. (Interest is payable from the date immediately after the expiry of 60 days from the date of receipt of application)

Interest on amount refundable consequent to order passed in an appeal or further proceedings

Interest is payable on such refund @ 9% p.a. (Interest is payable from the date immediately after the expiry of 60 days from the date of receipt of application till the date of refund)

Refund of IGST paid on supply of Goods to tourist leaving India (Section 15 of IGST Act):

The IGST paid by tourist leaving India on any supply of goods taken out of India by him shall be refunded in such manner and subject to such conditions and safeguards as may be prescribed.

The term “tourist” means a person not normally resident in India, who enters India for a stay of not more than 6 months for legitimate non-immigrant purposes.

Refund allowed to retail outlets established in the departure area of an international airport Supply of goods by a retail outlet established in the departure area of an international airport, beyond the immigration counters, to an outgoing international tourist, is exempted from IGST.

These retail outlets making tax free supply of indigenous goods to an outgoing international tourist[also referred as eligible passenger] are entitled to claim refund of applicable CGST+SGST/UTGST orIGST paid on inward supply of such goods. Therefore, retail outlets will supply such indigenous goods without collecting any taxes from the eligible passenger and may apply for refund.



1) Power to grant Exemption from Tax (Section 11 of CGST / Section 6 of IGST Act)

Exemption by Notification Exemption by Special Order Section 11(1) of CGST Act, 2017 Section 11(2) of CGST Act, 2017

• Where the Government is satisfied that it isnecessary in the public interest so to do,

• it may, on the recommendations of the Council,by notification,

• exempt generally, either absolutely or subjectto such conditions as may be specified therein,

• goods or services or both of any specifieddescription from the whole or any part of thetax leviable thereon with effect from such dateas may be specified in such notification

• Where the Government is satisfied that it isnecessary in the public interest so to do,

• it may, on the recommendations of theCouncil,

• by special orderin each case,• under circumstances of an exceptional nature

to be stated in such order, exempt frompayment of tax any goods or services or bothon which tax is leviable.

2) Legal services :Following services under this category are exempt from the levy of GST

✓ Legal services by Arbitral Tribunal to following recipient are exempt from GST

Legal services By Arbitral Tribunal

Other than Business Entity

It is Exempt

Business Entity

Aggregate TO of Business Entity is upto specified limit

It is Exempt

Aggregate TO of Business Entity is

above speciifed limit

It is taxable under RCM basis

CG, SG, UT, Local Authority Etc.

It is Exempt

CHAPTER 25 Exemptions under GST



Summary Book

✓ Legal services by a partnership firm of advocates or an individual as an advocate otherthan a senior advocate to following recipient are exempt from GST.

✓ Legal services by Senior Advocate to following recipient are exempt from GST

**Amendment in turnover limit: up to such specified amount in the preceding FY as makes it eligible for exemption from registration under

Legal services by a partnership firm of advocate, an individual advocate other

than a senior AdvocateAn advocate or partnership firm of advocates providing legal

services;

It is Exempt

Other than business Entity

It is Exempt

Business Entity

Aggregate TO of Business Entity is upto specified

limit

It is Exempt

Aggregate TO of Business Entity

is above specified limit

It is Taxable under RCM

basis

CG, SG, UT, Local Authority Etc.

It is Exempt

Legal service by Senior Advocates

An advocate or partnership firm of advocates providing

legal services;It is Taxable.

However firm can calim exemption as Business Entity

having TO upto Rs. 20 Lakhs

Other than business EntityIt is

Exempt

Business Entity

Aggregate TO of Business

Entity is upto specified limit

It is Exempt

Aggregate TO of Business Entity is above

specified limit

It is Taxable under RCM basis

CG, SG, UT, Local Authority

Etc.It is

Exempt



Summary Book

3) Passengers Transportation services (Entry No 15, 16 & 17)

✓ Analysis of entry no. 17

Description Status of Taxability

Railway Ticket in AC coach / First class Taxable Railway Ticket in Sleeper Coach Exempt

Ticket of travelling from Janakpuri to Rajiv Chowk in Delhi Metro Exempt

Ticket in Inland Waterway from Haldia port to Allahabad Exempt Ticket of vessel from one spot to other Spot in Goa (Other than

tourism) Exempt

Ticket of Angriya Cruise from Mumbai to Goa Taxable Fare paid for Metered cab in Mumbai Exempt

Fare Paid for Auto-Rickshaw / E Rickshaw Exempt

Air transport

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

It is Exempt

Any other case

It is Taxable

Description Status of Taxability

Non-AC Contract Carriage for Tourism Taxable Non-AC Contract Carriage other than tourism Exempt

AC Contract Carriage Taxable Non-AC Stage Carriage Exempt

AC Stage Carriage Taxable Old / Uber Cab (Radio Taxi) Taxable



Summary Book

4) Goods Transport Agency Services (Entry no. 18, 21, 21A, 22 & 22B)✓ Analysis of entry no. 18

✓ Analysis of GTA services

Transportation of Goods

By Road

By GTA / by Courier agency

It is taxable

BY others

It is exempt

By Inland waterway

It is exempt

GTA Services

Payment of GST @ 5% without ITC to GTA


Taxable under Reverse

Charge and Recipient is liable to pay tax.


To Dept of CG/SG/UT/

LA/GA taken reg for tax

deduction:Not liable for RCM and is exempt

Other than

Notified Recipie

nt

It is Exempt

Payment of GST @ 12% with full ITC to GTA


Taxable under

Forward charge & GTA is liable to pay tax.


Notified recipeint. E.g.

Factory, Society Etc.

Taxable under Forward charge and GTA is liable to pay

tax.

Other than

Notified Recipient

It is Exempt



Summary Book

Exemptions granted to transport of specified goods through rail or a vessel or a by GTA in goods carriage** are presented in the following table:

Transportation of the following goods by rail / vessel is exempt

Transportation of the following goods by a GTA in a goods carriage is exempt

Railway equipment’s or materials

(i) goods, where consideration charged for the transportationof goods on a consignment transported in a single carriagedoes not exceed Rs. 1,500;(ii) goods, where consideration charged for transportation ofall such goods for a single consignee does not exceed Rs. 750.

Transportation of the following goods by rail / vessel / GTA in goods carriage is exempt (a) agricultural produce(b) milk, salt and food grain including flours, pulses and rice(c) organic manure(d) newspaper or magazines registered with the Registrar of Newspapers(e) relief materials meant for victims of natural or man-made disasters, calamities, accidents ormishap(f) defence or military equipments

5) Charitable and religious activity related services✓ Analysis of Entry No. 1

✓ Charitable Activities Includes

For Exemption of Services by Charitable / Religious trust 2 Conditions are necessary

The entity is registered under section 12AA of the Income tax

Act, 1961,

The entity carries out one or more of the specified charitable activities.

Public Health Services

Advancement of Religion, Spirituality or Yoga

Advancement of Educational Programmes / Skill Development

Preservation of Environment including watershed, Forests & Wildlife



Summary Book

✓ Analysis of Entry No. 13

Note 1 : The word 'precincts' is not to be interpreted in a restricted manner and all immovable property of the religious place located within the outer boundary walls of the complex (of buildings and facilities) in which the religious place is located, is to be considered as being located in the precincts of the religious place.

Note 2: Renting of precincts of religious place is exempt from GST. However the exemption shall be subject to per day / per month rental limit as specified in respective entry. Exemption shall apply to- (i) renting of rooms where charges are Rs. 1,000 or more per day;(ii) renting of premises, community halls, kalyanmandapam or open area, and the like wherecharges are Rs. 10,000 or more per day;(iii) renting of shops or other spaces for business or commerce where charges are Rs. 10,000or more per month.

Services by a person

Conduct of Religious Ceremony

It is Exempt

Renting of "precincts" of a religious place by Entity registered u/s 12 AA of IT Act. (Note 1)

It is Exempt (Note 2)



Summary Book

6) Health care services:

Entry No. 46: Services by a veterinary clinic in relation to health care of animals or birds.

Entry No. 74 : Services by way of- (a) health care services by a clinical establishment, an authorised medical practitioner or para-medics;(b) services provided by way of transportation of a patient in an ambulance, other than those specified in(a) above.

Entry No. 73 : Services provided by the cord blood banks by way of preservation of stem cells or any other service in relation to such preservation. Entry No. 75 : 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. Entry No. 75 : 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. Entry No. 74A : Services provided by rehabilitation professionals recognised under the Rehabilitation Council of India Act, 1992 by way of rehabilitation, therapy or counselling and such other activity as covered by the said Act at medical establishments, educational institutions, rehabilitation centres established by CG/SG/UT or an entity registered under section 12AA of the Income Tax Act, 1961.

✓ Only recognized system of medicines in India are exempt under this entry such as:

Health Care Services

Means any service by way of diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognized system of

medicine in India

Includes by way of trasnportation of the patient to and from a clinical establishment

But shall not includehair transplant or

cosmetic or plastic surgery, except when undertaken to restore or to

reconstruct anatomy or functions of body affected due to congenital

defects, developmental abnormalities, injury or trauma.

Allopathy Ayurveda Unani

Siddha Yoga Naturopathy

Homeopathy Any other system of medicine that may be recognized by Central Government



Summary Book

✓ Food supplied to the patients: Taxability of Food supplied in hospital premises can beunderstood with the help of below mentioned chart

7) Educational services:

Entry No Description of Services

66

Services Provided - (a) by an educational institution to its students, faculty and staff(aa) by way of conduct of entrance examination against consideration in the form ofentrance fee are exempt from GST.(b) To an educational institution, by way of, -(i) transportation of students, faculty and staff(ii)catering, including any mid-day meals scheme sponsored by the central government,state government or union territory(iii) Security or cleaning or house-keeping services performed in such educational institution:(iv) Services relating to admission to, or conduct of examination by, such institution:(v) Supply of online educational journals or periodicalsHowever, nothing contained in sub-items (i), (ii) and (iii) of item (b) shall apply to aneducational institution other than an institution providing services by way of pre-schooleducation and education up to higher secondary school or equivalent.Further, nothing contained in sub-item (v) of item (b) shall apply to an institutionproviding services by way of,-(i) pre-school education and education up to higher secondary school or equivalent; or(ii) Education as a part of an approved vocational education course.

Food Supplied by Hospital Canteen to

Patient

Patient Admitted - Food supplied to the in-patients as advised by the

doctor/nutritionists

It is a part of composite supply of healthcare and not separately

taxable

Patient Not Admitted

It is Taxable

Others - Such as Doctors, Staff, Visitors Etc.

It is Taxable



Summary Book

Educational institution means an institution providing services by way of,- (i) pre-school education and education up to higher secondary schoolor equivalent;(ii) education as a part of a curriculum for obtaining a qualification recognised by any law forthe time being in force;(iii) education as a part of an approved vocational education course.

Education services provided Covered in sub-clause

(ii) Reasons

Conduct of degree courses by colleges, universities or institutions

Yes These courses lead to grant of qualifications recognized by law

Training given by private coaching institutes No Such training does not lead to grant of a

recognized qualification. Education as a part of a prescribed

curriculum for obtaining a qualification recognized by a law of a foreign country

No Education as a part of a prescribed

curriculum for obtaining a qualification recognized by a law of a foreign country

IIMs are now covered under the definition of ‘educational institution’ whose services are exempt under entry No. 66 of the said notification

✓ Composite and mixed supply in so far as education is concerned• Boarding schools provide service of education coupled with other serviceslike providing dwelling

units for residence and food. This may be a case of composite supply if the charges for educationand lodging and boarding are inseparable. Their taxability will be determined in terms of theprinciples laid down in section 2(30) read with section 8 of the CGST Act, 2017(i.e. CompositeSupply)

• Such services in the case of boarding schools are naturally bundled and supplied in the ordinarycourse of business. Therefore, the bundle of services will be treated as consisting entirely of theprincipal supply,which means the service which forms the predominant element of such a bundle.

• In this case since the predominant nature is determined by the service of education,the otherservice of providing residential dwelling will not be considered for the purpose of determining the taxliability and in this case the entire consideration for the supply will be exempt.

Note: It has been clarified that Maritime Training Institutes are educational institutions under GST Law and the courses conducted by them are exempt from levy of GST subject to fulfilment of other conditions specified under entry 66 of the exemption notification.



Summary Book

8) Agricultural Related Activities:

Services relating to cultivation of plants and rearing of all life forms of animals, exceptthe rearing of horses, for food, fibre, fuel, raw material or other similar products oragricultural produce by way of—(a) agricultural operations directly related to production of any agricultural produceincluding cultivation, harvesting, threshing, plant protection or testing;(b) supply of farm labour;(c) processes carried out at an agricultural farm including tending, pruning, cutting,harvesting, drying, cleaning, trimming, sun drying, fumigating, curing, sorting, grading, coolingor bulk packaging and such like operations which do not alter the essential characteristics ofagricultural produce but make it only marketable for the primary market;(d) renting or leasing of agro machinery or vacant land with or without a structureincidental to its use;(e) loading, unloading, packing, storage or warehousing of agricultural produce;(f) agricultural extension services;(g) services by any Agricultural Produce Marketing Committee or Board or services providedby a commission agent for sale or purchase of agricultural produce.(h) Services by way of fumigation in a warehouse of agricultural produce.

✓ Examples:

Agricultural Produce Non Agricultural Produce Potato Potato Chips Tomato Tomato Ketchup

Vegetables & Fruits Vegetable & Fruit Juice Wheat Wheat Flour Paddy Rice

Green Tea Leaves Green Tea

Entry No 24: Services by way of loading, unloading, packing, storage or warehousing of rice. 24 A: Services by way of warehousing of minor forest produce. 24 B: Services by way of storage/ warehousing of cereals, pulses, fruits, nuts and vegetables, spices, copra, sugarcane, jaggery, raw vegetable fibres such as cotton, flax, jute etc., indigo, unmanufactured tobacco, betel leaves, tendu leaves, coffee and tea. 53 A: Services by way of fumigation in a warehouse of agricultural produce. 55 A: Services by way of artificial insemination of livestock (other than horses).



Summary Book

57: Services by way of pre-conditioning, pre- cooling, ripening, waxing, retail packing, labelling of fruits and vegetables which don’t change or alter the essential characteristics of the said fruits or vegetables.

9) Services by an unincorporated body or a non- profit entity


77

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 – (a) as a trade union(b) for the provision of carrying out any activity which is exempt from the levy of GST; or(c) up to an amount of Rs. 7,500 per month per member for sourcing of goods or servicesfrom a third person for the common use of its members in a housing society or a residentialcomplex.

77 A

Services provided by an unincorporated body or a non-profit entity registered under any law for the time being in force, engaged in,- (i) activities relating to the welfare of industrial or agricultural labour or farmers; or(ii) promotion of trade, commerce, industry, agriculture, art, science, literature, culture, sports,education, social welfare, charitable activities and protection of environment,to its own members against consideration in the form of membership fee up to an amount ofRs. 1000/- per member per year.

9 Accommodation services


14 Services by a hotel, inn, guest house, club or campsite, by whatever name called, for residential or lodging purposes, having Value of Supply of a unit of accommodation below or equal to Rs. 1,000 per day or equivalent.

12 Services by way of renting of residential dwelling for use as residence.



Summary Book

10) Sports Related Activities


68

Services provided to a recognised sports body by-

(a) an individual as a player, referee, umpire, coach or team managerfor participation ina sporting event organised by a recognized sportsbody;

(b) Another recognised sportsbody.However, services by individuals such as selectors, commentators, curators, technical experts are taxable. The service of a player to a franchisee which is not a recognized sports body is also taxable. The term ‘recognised sports body’ has been defined earlier in this chapter.

53

Services by way of sponsorship of sporting events

(a) by a national sports federation, or its affiliated federations, where the participatingteams or individuals represent any district, State, zone or Country;

(b) by Association of Indian Universities, Inter-University Sports Board, School GamesFederation of India, All India Sports Council for the Deaf, Paralympic Committee ofIndia or Special OlympicsBharat;

(c) by the Central Civil Services Cultural and SportsBoard;

(d) as part of national games, by the Indian Olympic Association;or

(e) Under the Panchayat Yuva Kreeda Aur Khel AbhiyaanScheme.

11) Art Related Activities


78

Services by an artist by way of a performance in folk or classical art formsof-

Music or dance or theatre

If the consideration charged for such performance is not more than Rs. 1,50,000 are exempt from GST.

Further, all other activities by an artist in other art forms e.g. western music or dance, modern theatres, performance of actors in films or television serials would be taxable. Similarly activities of artists in still art forms e.g. painting, sculpture making etc. are taxable. However, the exemption shall not apply to service provided by such artist as brand ambassador.



Summary Book

12) Construction Services

Entry no. Description of Services

10

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 or enhancement under the Housing for All (Urban) Mission or Pradhan Mantri Awas Yojana.

10A Services supplied by Electricity Distribution Utilities by way of construction, erection, commissioning, or installation of infrastructure for extending electricity distribution network up to the tube well of the farmer or agriculturalist for agricultural use.

11 Services by way of pure labourcontracts of construction, erection, commissioning, or installation of original works pertaining to a single residential unit otherwise than as a part of a residential complex.

13) Services Provided by Specified Bodies

Entry No. Description of Services

30 Services by the Employees’ State Insurance Corporation to persons governed under the Employees’ State Insurance Act, 1948.

31 Services provided by the Employees Provident Fund Organisation to the persons governed under the Employees Provident Funds and the Miscellaneous Provisions Act, 1952.

31A Services by Coal Mines Provident Fund Organisation to persons governed by the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948.

31B Services by National Pension System (NPS) Trust to its members against consideration in the form of administrative fee.

32 Services provided by the IRDAI(Insurance Regulatory and Development Authority of India) to insurers under IRDAI Act, 1999.

33 Services provided by the SEBI(Securities and Exchange Board of India) set up under the SEBI Act, 1992 by way of protecting the interests of investors in securities and to promote the development of, and to regulate, the securities market.



Summary Book

14) Leasing Services

Entry No. Description of Services

41

Upfront amount(called as premium, salami, cost, price, development charges or by any other name) payable in respect of service by way of granting of long term lease of 30 years, or more) of industrial plots or plots for development of infrastructure for financial business, provided by the State Government Industrial Development Corporations or Undertakings or by any other entity having 50% or more ownership of Central Government, State Government, Union territory to the industrial units or the developers in any industrial or financial business area. Explanation - For the purpose of this exemption, the Central Government, State Government or Union territory shall have 50 % or more ownership in the entity directly or through an entity which is wholly owned by the Central Government, State Government or Union territory. Clarification : Upfront amount which is determined upfront but is paid or payable in instalments for long term (30 years, or more) lease of industrial plots or plots for development of financial infrastructure, it has been clarified vide Circular No. 101/20/2019 GST dated 30.04.2019 that GST exemption on the upfront amount is admissible irrespective of whether such upfront amount is payable or paid in one or more instalments, provided the amount is determined up front.

43 Services of leasing of assets (rolling stock assets including wagons, coaches, locos) by the Indian Railways Finance Corporation to Indian Railways.

41A and 41B

Supply of TDR, FSI, long term lease (premium) of landby a landowner to a developerhave been exempted subject to the condition that the constructed flats are sold before issuance of completion certificate and tax is paid onthem. Exemption of TDR, FSI, long term lease (premium) shall be withdrawn in case of flats sold after issue of completion certificate, but such withdrawal shall be limited to 1% of value in case of affordable houses and 5% of value in case of other than affordable houses. This will achieve a fair degree of taxation parity between under construction and ready to move property

15) Services Provided by Government

Entry no. Description of Services

4 Services by governmental authority by way of any activity in relation to any function entrusted to a municipality under article 243 W of the Constitution are exempt.

5 Services by a governmental authority by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution.



Summary Book

6

Services by the Central Government, State Government, Union territory or local authority excluding the following services— (a) services by the Department of Posts by way of speed post, express parcel post, lifeinsurance, and agency services provided to a person other than the Central Government, StateGovernment, Union territory;(b) services in relation to an aircraft or vessel,inside or outside the precincts of port or an airport;(c) transport of goods or passengers; or(d) any service, other than services covered under entries (a) to (c) above, provided to businessentities.

7

Services provided by the Central Government, State Government, Union territory or local authority to a business entity with an aggregate turnover of up to Rs. 20 lakh (Rs. 10 lakh in case of a Special Category States) in the preceding FY. such amount in the preceding FY as makes it eligible for exemption from registration under the CGST Act, 2017. Explanation - For the purposes of this entry, it is hereby clarified that the provisions of this entry shall not be applicable to following services:- (i) item (a), (b) and (c) of Entry 6 above.(ii) services by way of renting of immovable property.

8

Services provided by the Central Government, State Government, Union territory or local authority to another Central Government, State Government, Union territory or local authority. However, nothing contained in this entry shall apply to services referred in item (a), (b) and (c) of Entry 6 above.

9

Services provided by Central Government, State Government, Union territory or a local authority where the consideration for such services does not exceed Rs. 5,000. However, nothing contained in this entry shall apply to services referred in item (a), (b) and (c) of Entry 6 aboveFurther, in case where continuous supply of service* is provided by the Central Government, StateGovernment, Union territory or a local authority, the exemption shall apply only where theconsideration charged for such service does not exceed ` 5,000 in a FY.

9C

Supply of service by a Government Entity to Central Government, State Government, Union territory, local authority or any person specified by Central Government, State Government, Union territory or local authority against consideration received from Central Government, State Government, Union territory or local authority, in the form of grants.

9D

Services by: an old age home run by: • Central Government, State Government or• an entity registered under section 12AA of the Income-tax Act, 1961

to its residents (aged 60 years or more) against consideration up to Rs. 25,000 per monthper member, provided that the consideration charged is inclusive of charges for boarding, lodgingand maintenance.



Summary Book

34A Services supplied by Central Government, State Government, Union territory to their undertakings or Public Sector Undertakings(PSUs) by way of guaranteeing the loans taken by such undertakings or PSUs from the banking companies and financial institutions. (The words ‘banking companies’ have been inserted in the entry)

47

Services provided by the Central Government, State Government, Union territory or local authority by way of- (a) registration required under any law for the time being in force;(b) 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 inforce.

61 Services provided by the Central Government, State Government, Union territory or local authority by way of issuance of passport, visa, driving license, birth certificate or death certificate.

62

Services provided by the Central Government, State Government, Union territory or 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 Central Government, State Government, Union territory or local authority under such contract.

63

Services provided by the Central Government, State Government, Union territory or 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.



Summary Book

Balancing and financial service

Entry No. 26 Services by RBI are exemption GST

Right to admission to various events

Entry No. 27

Interest discount income inter se sale or purchase of foreign currency

Exempt Interest earned through credit card

Interest/discount earned by bank by way of extending deposit loans or advance

Taxable Exempt

Entry No. 79 / 79A

Services by way of admission to a museum, national park, wildlife sanctuary, tiger reserve or zoo. corbett national park

Services by way of admission to a protected monument E.g Taj Mahal.

It is exempt



Summary Book

Entry No 9AA: Services provided by and to Fédération International de Football Association (FIFA) and its subsidiaries directly or indirectly related to any of the events under FIFA U-17 Women’s World Cup 2020 to be hosted in India. Condition to be fulfilled: Director (Sports), Ministry of Youth Affairs and Sports have to certify that the services are directly or indirectly related to any of the events under FIFA U-17 Women’s World Cup 2020.

Entry No. 82A: Services by way of right to admission to the events organised under FIFA U-17 Women's World Cup 2020. Since FIFA U-17 Women’s World Cup 2020 is to be hosted in India, admission to events organized under it.

Clarification regarding applicability of GST on delayed payment charges in case of late payment of Equated Monthly Instalments (EMI) Issue: Whether GST is applicable on additional / penal interest on the overdue loan? Whether such penal interest would be exempt under Entry 27 of exemption notification or it would be taxable treating it as consideration for liquidated damages ? Clarification: As per the provisions of section 15(2)(d) of the CGST Act, the value of supply shall include interest or late fee or penalty for delayed payment of any consideration for any supply. Entry 27 of exemption notification, inter alia, exempts the “services by way of 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)”.

Entry No. 81

Service by way of admission to … ()

If consideration less than Rs 500

If consideration more than Rs 500

It is Exempt It is taxable



Summary Book

Clarification on issues related to GST on monthly subscription/ contribution charged by a Residential Welfare Association from its members

Issue Clarification Are the maintenance charges paid by residents to the Resident Welfare Association (RWA) in a housing society exempt from GST and if yes, is there an upper limit on the amount of such charges for the exemption to be available?

Supply of service by RWA to its own members by way of reimbursement of charges or share of contribution up to an amount of Rs. 7,500/- per month per member for providing services and goods for the common use of its members in a housing society or a residential complex are exempt from GST.

A RWA has aggregate turnover of Rs. 20 lakh or less in a FY. Is it required to take registration and pay

No. If aggregate turnover of an RWA does not exceed Rs.20 Lakh in a FY, it shall not be required to take registration and pay GST even if the amount of maintenance charges exceeds Rs. 7,500/- per month per member. RWA shall be required to pay GST on monthly subscription/ contribution charged from its members, only if such subscription is more than Rs. 7,500/- per month per member and the annual aggregate turnover of RWA by way of supplying of services and goods is also Rs. 20 lakh or more.

Taxability of additional penal interest on late

payment of EMI

Purchase of goods/service on EMI basis and delaying EMI payment

Added in value of supply as per see 15(2) (d)

Would not be subject to GST since covered under sl.no, 27

Purchase of goods in cash By taking loan and delaying such EMI



Summary Book

GST on maintenance charges if the amount of such charges is more than Rs. 7500/- per month per member?

Annual turnover of RWA

Monthly maintenance charge

Whether exempt?

More than Rs. 20 lakhs More than Rs. 7,500/- No

Rs. 7,500/- or less Yes

Rs. 20 lakhs or less More than Rs. Yes 7,500/-

Rs. 7,500/- or less Yes

Is the RWA entitled to take ITC of GST paid on input and services used by it for making supplies to its members and use such ITC for discharge of GST liability on such supplies where the amount charged for such supplies is more than Rs. 7,500/- per month per member?

RWAs are entitled to take ITC of GST paid by them on capital goods (generators, water pumps, lawn furniture etc.), goods (taps, pipes, other sanitary/hardware fillings etc.) and input services such as repair and maintenance services.

Where a person owns 2 or more flats in the housing society/residential complex, whether the ceiling of Rs. 7,500/- per month per member on the maintenance for the exemption to be available shall be applied per residential apartment or per person?

As per general business sense, a person who owns 2 or more residential apartments in a housing society/residential complex shall normally be a member of the RWA for each residential apartment owned by him separately. The ceiling of Rs. 7,500/- per month per member shall be applied separately for each residential apartment owned by him. For example, if a person owns 2 residential apartments in a residential complex and pays Rs. 15,000/- per month as maintenance charges towards maintenance of each apartment to the RWA (Rs. 7,500/- per month in respect of each residential apartment), the exemption from GST shall be available to each apartment.



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