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Goods and Services Tax
Presentation
Current Indirect Tax Regime
Central Levy State Levy
Service Tax Sale Tax/VAT
Custom Duty-
BCD+CVD+SAD
Entertainment TaxLuxury
Tax
Excise Duty-BED +
Additional excise duty
Entry Tax
Central Sale Tax Taxes on betting/gambling
Cental cess State cess
Proposed GST Tax Regime
-CGST-Central Goods and Service Tax
-SGST-State Goods and Service Tax
-UGST-Union Goods and Service Tax
-IGST-Inter sate Goods and Service Tax
Tax to be subsumed under GST
• Service Tax
• Custom Duty-CVD+SAD
• Excise Duty-Additional excise duty/Central
Excise Duty
• Central Sale Tax
• Cental cess/Surcharge
• Vat/Sale Tax
Tax to be subsumed under GST
-Entry Tax
-Entertainment tax (unless it is levied by local
bodies)
-Luxury Tax
-Tax on lottery, betting and gambling
-Purchase Tax
-Octroi and Entry Tax
-State surcharges and cesses
Tax not to be subsumed under GST
-CENTRAL TAXES
-Basic Customs duty
-Other Customs duty like Anti-Dumping duty,
Safeguard duty etc.
-Basic Excise Duty
-Export Duty
-
Tax not to be subsumed under GST
• STATE TAXES
Road and Passenger tax
Toll tax
Property tax
Stamp duty
Electricity duty
Tax on entertainment and amusement levied and
collected by Panchayat/Municipality/ Regional
council/District council
GST Regime
-What is GST-CGST/SGST/IGST/UGST
-Levy of Tax on what
-Who is liable to get registered
-On what value I have to pay tax
-Point of taxation
-Place of Supply of service/goods
-Set off of IGST/CGST/SGST/UGST
-Concession to small taxable person
• Transition rules
• Import /export
• Input tax credit
• Input service distributor
• Job work
• Tax invoice, credit note, debit note, E-way bill
• Return procedure
• Refund
Feature of GST Act
• GST is consumption based tax i.e. tax is
payable in the State where goods or services
or both are finally consumed.
• GST is based on Vat concept of allowing input
tax credit of tax paid on inputs, input services
and capital goods, for payment of output tax.
This will avoid cascading effect of taxes.
• Distinction between goods and services will be
mostly eliminated. This will eliminate problem
of dual taxation presently faced by
construction industry, works contract, food
related services like restaurant and outdoor
catering, leasing and hire services and
software services.
• Goods and Services Tax (GST) will be on 'supply'
of goods or services or both, in India except
Jammu and Kashmir
• For supplies within the State or Union Territory-
(a) Central GST (CGST) will be payable to Central
Government and (b) State GST (SGST) or UTGST
(Union Territory GST) will be payable to State
Government or Union Territory (as applicable)
• For inter-state supplies (supply from one State
or Union Territory to another State or Union
Territory), Integrated GST (IGST) will be
payable to Central Government.
• In addition, GST Compensation Cess of about
12% will be payable on pan masala, tobacco
products, coal, aerated waters and motor cars.
• Payment within six months-otherwise the
whole input will be reversed with interest.
•
Taxable Event-
• Supply of goods or services or both is 'taxable
event' in GST as that event triggers liability to
pay GST.
• There is tax liability even no consideration is
involved on suppy like
• transfer to branch,
• Supply by taxable person to related person
• Free gift to related persons
• Supply by principal to agent
• GST will be payable under reverse charge in
respect of specified goods and services
• GST will be payable on purchase of goods or
services under reverse charge by registered
dealer from unregistered dealer.
• E Commerce operator
Who is liable to get registered
• Person whose supplies of goods or services or
both are more than Rs. 20 lakhs per annum is
required to pay GST. In case of North Eastern
States, Jammu and Kashmir, Himachal Pradesh
and Uttarakhand, this limit is Rs. 10 lakhs.
• E-commerce companies will be required to pay
1% as Tax Collection at Source. In some cases(like
taxi services), they will be liable to pay entire tax
Compulsory Registration
• (i) persons making any inter-State taxable supply;
• (ii) casual taxable persons making taxable supply;
• (iii) persons who are required to pay tax under reverse
charge;
• (iv) person who are required to pay tax under sub-
section (5) of section 9;
• (v) non-resident taxable persons making taxable
supply;
• (vi) persons who are required to deduct tax under
section 51, whether or not separately registered under
this Act;
• (vii) persons who make taxable supply of goods or
services or both on behalf of other taxable
persons whether as an agent or otherwise;
• (viii) Input Service Distributor, whether or not
separately registered under this Act;
• (ix) persons who supply goods or services or both,
other than supplies specified under sub-section
(5) of section 9, through such electronic
commerce operator who is required to collect tax
at source under section 52;
• (x) every electronic commerce operator;
• (xi) every person supplying online information
and database access or retrieval services from
a place outside India to a person in India,
other than a registered person; and
• (xii) such other person or class of persons as
may be notified by the Government
When the GST is payable-Point of
taxation
• GST is payable on monthly basis by 20th of
following month. Monthly return is also
required to filed on same day.
• GST is payable when advance received from
recipient, even if supply is to be made later.
However, GST is not payable on 'adjustable
deposit'. Sec 2(32)
Value of taxable supply
• Transaction value when price is sole consideration and
supplier and recipient are not related is basis of
valuation.
• IGST, CGST, UTGST and SGST charged on supply will not
be includible in value, but other taxes, if any will be
includible.
• Incidental expenses incurred before supply like
packing, testing, weighment includible in 'value'.
• Interest, Late fee or penalty for delayed payment is
includible i 'value' for purpose of GST.
• Amount paid by recipient on behalf of supplier
includible in value.
• Subsidies directly linked to supply includible
but not subsidies received from Government.
• Discount not includible in 'value' if it was
known before or at the time of supply
• Price charged to related person or distinct
persons with same PAN will be accepted if it is
open market value or price of like kind of
goods or services.
• If value is not ascertainable by aforesaid
methods, it will be 110% of cost of production
or manufacture or cost of acquisition of such
Place of Supply of service/goods
• If location of supplier of service and place of
supply are in same State or Union Territory,
CGST and SGST/UTGST payable.
• If location of supplier of service and place of
supply are in different States or Union
Territories, IGST is payable.
• Specific provisions have been made for place
of supply in case of services directly relating to
immovable property, restaurant, training and
appraisal, admission to events, transportation
of goods and passengers, services on board a
conveyance, telecom services, banking and FI
services, insurance services and
advertisement services to Government within
India.
• Supply of services imported into the territory
of India shall be deemed to be supply of
services in the course of Inter-State trade or
commerce. Thus, IGST will be payable, mostly
under reverse charge
• If goods are imported, IGST and GST
compensation cess will be payable.
• If tax wrongly charged, then tax have to be
deposited again and refund of that deposited
will be claimed. However no interest will be
charged in case of wrong deposit.
Export of Services
• In relation to GST, following are the
concessions/incentives for exports: (1)
Exemption from GST on final products or (2)
Refund of GST paid on inputs.
Set off of IGST/CGST/SGST/UGST
Output Tax
Liability
Order for
utilization of Credit
IGST
1. IGST
2. CGST
3.SGST/UTGST
CGST 1. CGST
2. IGST
SGST 1. SGST
2. IGST
UTGST
1. UTGST
2. IGST
Concession to small taxable person
• Composition Dealer-Upto 75 lakh turnover
• all their purchases should be from registered
persons.If they purchase from unregistered
persons, they will be liable to pay GST on
these purchases under reverse charge.
• The rates are-2% for manufacturers, 1% for
traders and 5% for restaurants.
• Not applicable to work contractors
• In case of payment of tax under composition
scheme, the taxable person should issue 'Bill
of Supply' instead of Tax Invoice with details
specified in rule 4.
Transition rules
• Taxable Persons who are paying services tax,
State Vat or Central Excise are required to
migrate to GST. They will get temporary PAN
based registration number. Final registration
will be granted after submitting necessary
information and papers- section 139 of CGST
Act.
• A manufacture who is having Cenvat Credit
balance in his return on 30-6-2017 can carry
forward his Cenvat credit as CGST Credit. He
can also take unavailed Cenvat credit of excise
duty paid on capital goods- section 140(1) and
140(2) of CGST Act. He has to submit
application in in Form GST TRAN 1 within 60
days.
• A dealer or manufacturer who has input tax
credit under State Vat or Entry Tax in his
return on 30-6-2017 can carry forward his
input tax credit as SGST Credit. He can also
take unavailed credit of State Vat paid on
capital goods-section 140(1) and 1401(2) of
SGST Act. He has to submit application in
Form GST TRAN 1 within 60 days.
• A taxable person who was not earlier under
Central Excise but is now under GST can take
input tax credit of excise duty which was paid
on the stock with him, if he has Invoice or
other documents evidencing payment of
excise duty. He has to submit stock statement-
section 140(3) of CGST Act.
• A taxable person who was not earlier under
Central Excise but is now under GST and does not
have excise duty paying documents evidencing
payment of excise duty, can take input tax credit
of 40% of CGST payable by him. He takes credit
when he sales this stock after 1-7-2017 by
charging CGST. He can sale old stock upto six
months. He has to submit stock statement and
submit statement in Form GST TRAN - provision
to section 140(3) of CGST Act.
• A taxable person who was not earlier under
State VAt but is now under GST can take input
tax credit of State Vat which was paid on the
stock with him, if he has tax invoices or other
documents evidencing payment of State Vat.
He has to submit stock statement and submit
statement in Form GST TRAN - proviso to
section 140(3) of CGST Act.
• A taxable person who was not earlier under
State Vat but is now under GST can take input
credit of State Vat which was paid on the stock
with him, if he has tax invoices or other
documents evidencing payment of state vat.
He has to submit stock statement - section
140(3) of SGST Act
• A taxable person who was not earlier under State
Vat or was under composition scheme but is now
under GST and does not have composition
scheme but is now under GST and does not have
documents evidencing payment of State Vat, can
take input tax credit of 40% of SGST payable by
him. he takes credit when he sales this stock after
1-7-2017 by charging SGST. He can sale old stock
upto six months. He has to submit stock
statement and submit statement in Form GST
TRAN-provision to section 140(3) of SGST Act.
• If goods were cleared by supplier prior to 1-7-
2017 by paying excise duty and State Vat but
goods were received after 1-7-2017, input tax
credit of such excise duty or State Vat is
available if such invoice was recorded in books
of account within 30 days i.e. before 30-7-
2017. He has to furnish specified details-
section 140(5) of CGST Act and SGST Act.
Input tax credit
• GST is destination based consumption tax i.e. GST
is ultimately payable in the State or Union
Territory in which goods and services are
consumed.
• Input Tax Credit is core aspect of GST, which will
ensure this basic goal of GST of avoiding
cascading effect of taxes.
• Supplier of goods and services can avail input tax
credit of IGST, CGST, SGST and UTGST paid by
suppliers on their input goods and services and
capital goods.
• All input goods and services and capital goods
used or intended to be used in course or
furtherance of business are eligible for
availment of input tax credit, except few.
• Motor vehicles and other conveyances are
eligible only if used for further supply,
transportation of passenger or goods and
imparting training for driving or flying.
• Input tax credit is available only when supplier of
goods and services has paid tax in full.
• If payment is not made by recipient to supplier of
goods or services or both within 180 days, the
input tax credit is required to be reversed.
Interest will be payable from date of taking input
tax credit [ as per rule 2 of Input Tax Credit Rules
Input tax credit in respect of supply of taxable as
well as exempt supplies of goods and services
• If taxable person supplies both taxable goods or
services both and exempt/non-taxable goods or
services or both, he can take only proportionate
input tax credit attributable to taxable goods or
services or both, as per rules.
• In case of capital goods which are common for
taxable and exempt supplies, the eligible input
tax credit will be as per formula specified in rule 8
of Input Tax Credit Rules. It will be spread over
five financial years.
Input Service Distributor
• Input services availed in Head Office or depots
or regional offices can be availed at other
places through mechanism of 'Input Service
Distributor'.
Job work
• Job work is “service
• Goods on which Input Tax Credit (ITC) is taken
can be sent at another place for job work as
per provisions of section 143 of CGST.
• Intimation is required to be given for sending
goods for job work
• Goods can be sent directly to place of job
worker and can be supplied to recipient
directly from place of job worker
• Any waste and scrap generated during the job
work may be supplied by the job worker
directly from his place of business on payment
of tax if the job worker is registered , or by
the principal, if the job worker is not
registered -section 143(5)of CGST Act.
• When material is sent for job work, Delivery
Challan should be prepared in triplicate
containing details specified in rule 8(1) of
Invoices Rules.
• Details of challans in respect of goods
dispatched to a job worker or received from
job worker shall be included in return in Form
GSTR-1.
• IF inputs/capital goods are not received during
prescribed period, GST will be payable for which
challan issued will be considered as 'Invoice'.
• If inputs or semi finished goods sent by Principal
are lying with job worker on 1-7-2017.Principal
should submit stock statement as on 1-7-2017
and then he can take input tax credit of central
excise duty or State Vat paid on those goods -
section 141 of CGST Act.
Tax invoice
• Tax Invoice for outward supplies
• Bill of Supply for outward supplies
• Receipt Voucher for outward supplies
• Invoice for Reverse Charge for inward
supplies
• Payment Voucher for Reverse Charge for
inward supplies
• Credit Note
• Debit Note, Supplementary Invoice
• Tax Invoice for outward supplies
• A registered person supplying taxable goods shall, before
or at the time of
• a) removal of goods, where the supply involves movement
• b) delivery of goods or making available to recipient, in
other cases
• issue a TAX INVOICE
• - A registered person supplying taxable services shall,
before or within 30 days after
• the provision of service issue a TAX INVOICE.
• Contents of Tax Invoice
• 1) Name, address and GSTIN of the supplier
• 2) A consecutive serial number, containing
alphabets or numerals or special characters
• 3) date of its issue;
• 4) Name, address and GSTIN or UIN, of the
recipient; if registered
• 5) Address of delivery
• 6) HSN Code of goods or Service Accounting Code
for services
• 7) Description of goods or services or both
• 8) Quantity of goods
• 9) Value of supply of goods or services or both
taking into account discount or abatement, if any
• 10) Rate of GST
• 11) Amount of GST on taxable goods or services
• 12) Place of supply in case of interstate
transaction
• 13) Whether reverse charge applicable
• 14) Signature or digital signature of the
supplier or his authorized representative
• Bill of Supply for outward supplies
• - A registered person supplying exempted
goods or services or both or composition
• supplier shall issue, instead of a tax invoice, a
BILL OF SUPPLY
• All the information except GST rate and GST
amount as mentioned in Tax invoice is
required to be given in it.
• Receipt Voucher for outward supplies
• A registered person shall, on receipt of
advance payment with respect to any supply
of goods or services or both, issue RECEIPT
VOUCHER or any other document evidencing
such payment
• All the things mentioned in the tax invoice
also have to mention in receipt voucher.
• Invoice for Reverse Charge for inward
supplies
• - A registered person, who is liable to pay tax
under reverse charge, shall issue an INVOICE
in respect of goods or services or both, on
receipt of the same received from
Unregistered Supplier (URS) or other notified
supplier
• Payment Voucher for Reverse Charge for
inward supplies
• - A registered person, who is liable to pay tax
under reverse charge, shall issue an PAYMENT
VOUCHER at the time of making of payment
to supplier in respect of goods or services or
both.
• taxpayer cannot make changes in tax invoice
after it upload on GSTN. If any changes are
required to be done then they will be made
through debit and credit note. All the
information mentioned in tax invoice should
be mentioned in debit or credit note
• Credit Note
• - A registered person, who has issued a Tax Invoice for
Goods or Services or Both and the taxable value or tax
is found to exceed the taxable value or tax OR goods
are returned OR goods or services or both are found to
be deficient, may issue CREDIT NOTE to the recipient.
and declare the same in the month of the return in
which such Credit Note has been issued but not later
than September following the end of financial year or
filing of annual return, whichever is earlier.
• Debit Note, Supplementary Invoice
• A registered person, who has issued a Tax
Invoice for Goods or Services or Both and the
taxable value or tax is found to less than the
taxable value or tax shall DEBIT NOTE to the
recipient. and declare the same in the month
of the return in which such Debit Note has
been issued
E-way bill
• This is an Electronic document generated on
the GSTN common portal by the supplier or
buyer or transporter and is required to be
carry by the driver while moving the goods
from one place to another either under local
act or central act and to be accompanied
along with tax invoice or bill of supply or
delivery challan or debit note etc.
WHEN TO GENERATE E-WAY BILL, CONSIGNMENT VALUE AND CONTENTS OF
GST INS-01.
• E-Way Bill is to be generated on the GSTN
common portal by filing GST INS-01 before the
commencement of movement of goods if the
consignment value 50,000.
WHEN TO GENERATE E-WAY BILL, CONSIGNMENT VALUE AND CONTENTS OF
GST
• Part A consist of details in relation to invoice and goods
i.e. invoice number, date of invoice, HSN code of the
product, description of goods, quantity, rate of tax,
value, amount of tax, name , address, and GSTIN of
supplier and buyer.
• Part B consist of details in respect of transporter i.e.
name , address, GSTIN, mobile number of the
transporter, name and mobile number of the driver,
vehicle number , place of supply and address, place of
origin and address etc.
OTHER POINT FOR CONSIDERATION
• Upon generation of E-Way Bill on the common
portal, a unique E-Way Bill Number (EBN) shall be
made available to the supplier, recipient,
transporter on the common portal.
• Transporter if change the vehicle in transit due to
any reason then he will generate a new E-Way Bill
on the common portal in GST INS-01 specifying
there in the new details of vehicles transporting
the goods.
•
OTHER POINT FOR CONSIDERATION
• Where multiple consignment are transported
in one conveyance then transporter shall
generate consolidated E-Way Bill in FORM GST
INS-02 which shall include serial number of
each E-Way Bill already issued, prior to the
movement of goods.
OTHER POINT FOR CONSIDERATION
• The E-Way Bill generated by supplier shall be
communicated to the registered buyer on the
common portal, who shall communicate each
acceptance or rejection of the consignment
within 72 hours otherwise it shall be deemed that
he has accepted the said details.
• 7.The facility of generation or cancellation of E-
Way Bill may also made available through SMS.
VALIDITY OF E-WAY BILL
Sr. No. Distance Validity period
1 Less than 100 km. One day
2 Between 100 km to 300 km. Three days
3 Between 300 km to 500 km. Five days
4 Between 500 km to 1,000 km. Ten days
5 Above 1000 km Fifteen days
CANCELATION OF E-WAY BILL
• Where an E-Way Bill has been generating but
either the goods not transported or furnish
details are incorrect then the said E-Way Bill
may be cancelled electronically on common
portal within 24 hours of generation of E-Way
Bills by the person who as generated the E-
Way Bill.
DOCUMENTS AND DEVICE TO BE CARRIED BY THE
DRIVER
• The following documents and device to be carried
by the driver while transporting the goods
• 1.The Tax Invoice or Bill of supply or delivery
challan, as the case may be, and
• 2. Copy of the E-Way Bill or the E-Way Bill
number either physically or mapped to a Radio
Frequency Identification device (RFID) embedded
on to the conveyance in such banner as may be
notified by the commissioner.
• The Commissioner may issued a notification
requiring a class of transporter to obtain a
unique RFID device and get the said invoice
embedded on to the vehicle and mapped the
E-Way Bill to the RFID prior to the movement
of goods.
Return Procedure
S
N
Form No. Frequency Due
Date
Details to be furnished
1 Form GSTR-1 Monthly 10th Details of outward supplies of goods
and/or services effected.
2 Form GSTR-2A Monthly 11th Auto Populated details of input tax and
inward supplies made available to the
buyer on the basis of Form GSTR-1 of the
supplier.
3 Form GSTR-2 Monthly 15th Details of inward supplies of goods and/or
services effected to a buyer.
4 Form GSTR-1A Monthly 17th Auto Populated details of input tax and
inwards supplies as modified, corrected,
accepted or deleted by the buyer.
5 Form GSTR-3 Monthly 20th Monthly return of outward supplies and
inward supplies along with tax liability, ITC
credit, TDS/TCS credited, tax payable, tax
paid or refund claimed details of a taxable
person.
List of GST Returns to be furnished by Registered Persons
6 Form GSTR-4 Quarterly 18th Composition Dealer return
7 Form GSTR-5 Monthly 20th Non Resident taxable person (Foreign)
8 Form GSTR-6 Monthly 15th Input service distributor return
9 Form GSTR-7 Monthly 10th TDS/TCS Return
10 Form GSTR-8 Monthly E-Commerce operator return
11 Form GSTR-9 Annually 31st
Dec
Annual Return by taxable person
HSN/ SAC
• Harmonised System Nomenclature (HSN) for Goods.
• Who is liable to fill up HSN code
S.NO
.
PARTICULARS Condition of HSN Code in Digit
1 If last year sale less than Rs. 1.5
crores
Not mandatory for first year but minimum
2 digit from second and subsequent year
2 If last year sales between Rs. 1.5
crores to 5 crores
Minimum 2 digit in the first year and as
per rule in the subsequent year.
3 If last year sale exceeds Rs. 5 crore Minimum 4 digit in the first year and as
per rule in the subsequent year.
4 In case of exports / import Mandatory 8 digit in case of
export/import
• HSN Code consist of 8 digit out of which first &
second digit represent chapter, third & fourth
digit represent heading, fifth & sixth digit
represent sub heading and lastly seven & eight
digit represent sub heading and hence at least
chapter code must be known for dealer having
turnover less than 5 crores and accordingly.
• Minimum 2 digit in the first year and as per rule
in the subsequent year.
• Service Accounting Code (SAC) for Services
• Who is liable to fill up SAC Code
• Any taxable person providing services for which place
of supplies rules are dependent on nature of service
then it is mandatory to fill 8 digit SAC in the GST return.
Also in case of exports/ import of services, it is
mandatory to fill up SAC Code.
• Please note that SAC code consist of 8 digit and HSN
code also consist of 8 digits so with a view to
differentiate HSN code from SAC code it is directed to
prefix ‘S’ before the SAC code while filling up code in
GST Returns.
RECTIFICATION OF MISTAKE
• Return cannot be revised under GST Act. Mistake can be rectified by
showing transaction in the month in which such mistake is noticed by the
dealer. Limitation period is earlier of the period on which next year
September return is filed or annual return is filed.
• If mistake relates to April-2018 then mistake can be corrected up to
10/10/2019(Sales) or 15/10/2019 (Purchase) if return and annual return
are filed in due date. (Around 18 months). If September return filed late
then mistake can be corrected up to 31/12/2019 (Around 21 months)
• If mistake relates to March-2019 then mistake can be corrected up to
10/10/2019(Sales) or 15/10/2019 (Purchase) if return and annual return
are filed in due date. (Around 6 months). If September return filed late
then mistake can be corrected up to 31/12/2019 (Around 9 months)
• In case Annual return filed earlier say in June-
2019 then correction can be made up to June-
2019 only for all the monthly returns for the
financial year 2018-19 thus reduced the time
of limitation for rectification of mistake
Detail of Outward supplies in GSTR-1 by the seller
• Each registered taxable person is liable to furnish detail of sales in
GSTR-1 on monthly basis latest by 10th day of each month and
GSTR-1 contain the following details:
• 1.GSTIN of the Taxable Person ………..………….…….. (Auto Populated)
• 2.Name of the Taxable Person……………………………. (Auto Populated)
• 3.Aggregate Turnover in Previous Year…………(To be submitted only
in first year and auto populated in subsequent year)
• 4.Period: Month………Year……………(select from drop down)
• Details of Sales to Registered Person (B2B
Local & Central both)
• Details of Inter State Sale to consumer, if
invoice value exceeds Rs. 2,50,000/-
• Details of Taxable Sale to Consumer under
local act and invoice value less than
Rs.2,50,000/- under central act.
• Details of Debit/ Credit Notes issued by supplier.
• Details of Nil rated, exempted and non GST outward supplies.
• Details of Exports sales including Deemed export (SEZ Sales)
• Advance payment received without issued of invoice.
• Tax already paid on advance receipt basis but invoice issued in the
current period.
• Sale made through E-Commerce portal (Part-1
for registered dealer and Part-2 for
unregistered dealer.
• Total no of invoice issued, invoice cancelled,
net invoice used and serial no beginning from
to end in the current month.
• Verification and Signing
Details of Taxable Sale to Consumer under local act and invoice
value less than Rs.2,50,000/- under central act.
• Under the above head we have to fill up the following column:
• 1.Goods or Services/HSN or SAC / State Code where goods
delivered /Aggregate Taxable value/Rate of IGST or CGST or SGST
/Amount(Auto calculate) of IGST or CGST or SGST.
• 2.Whether Tax on this invoice is paid under provisional assessment.
• Point to be consider
• 1.Since it is a petty sales and aggregate value require and hence one
line transaction of identical code basis state wise and Buyers
identity not required in this column whether local or central.
Details of Inter State Sale to consumer if invoice value exceeds Rs.
2,50,000/-
• Under the above head we have to fill up the following column:
• 1.Buyer’s State Code (consumer, no GSTN No., state code for
destination)
• 2.Name of the Recipient
• 3.Invoice date/ Number/Value/Goods or Services/HSN or SAC
Taxable value/Rate of IGST /Amount(Auto calculate) of IGST. (since
central transaction)
• 4.POS (only if different from the location of recipient)
• 5.Whether Tax on this invoice is paid under provisional assessment.
Details of Sales to Registered Person (B2B Local & Central both)
• Under the above head we have to fill up the following column:
• 1.GSTIN/UIN Number
• 2.Invoice date/ Number/Value/Goods or Services/HSN or SAC Taxable
value/Rate of IGST or CGST or SGST/Amount(Auto calculate) of IGST or
CGST or SGST.
• 3.POS (only if different from the location of recipient)
• 4.Whether reverse charge (indicate if applicable)
• 5.Whether Tax on this invoice is paid under provisional assessment.
• 6.GSTIN of E-Commerce operator (if applicable)
Tax already paid on advance receipt basis and invoice issued in the current
period
• Under the above head we have to fill up the
following column:
• 1.Invoice No.
• 2.Transaction ID (as generated while paying tax
on advance basis in column 11)
• 3.Tax paid on advance basis and give Rate of IGST
or CGST or SGST / Amount(Auto calculate) of IGST
or CGST or SGST.
• Point to be consider
• 1.Supplier has to show the complete invoice
detail either in column 5, 6, 7 as the case may
be but to give invoice no. in column 12 for
which advance payment was made and tax to
that extent would be automatically adjusted
through transaction ID generated for this
purpose.
Sale made through E-Commerce
• Part-1 supply made to registered person through e-commerce portal
• All details would be auto populated from table 5 of this return as the same
is flagged by the dealer and we have to fill up only Merchant ID issued by
e-commerce operator.
• Part-2 supply made to un-registered person through e-commerce portal
• All details would be auto populated from table 6 & 7 of this return as the
same is flagged by the dealer and we have to fill up only Merchant ID
issued by e-commerce operator.
• Point to be consider
• 1.The effect of above table will not be including in the turnover again as
the same already has been taken for taxability from table 5, 6, or 7 as the
case may be but this detail are meant for reconciliation purpose only
Refund
• Claiming refund of any tax and interest paid on such tax or any other
amount paid by him, may make an application in that regard to the proper
officer of before the expiry of two years from the relevant date.
• Relevant date is broadly as follows –(a) export of goods and supplies to
SEZ – date of export (b) deemed export – date of return (c ) export of
services – date of receipt of payment in foreign exchange (d) refund of
unutilized input tax credit - the end of the financial year in which such
claim for refund arises.
• Refund (except in case of exports and supplies to SEZ) will be subject to
doctrine of unjust enrichment, i.e. refund only if burden of tax has not
been passed to another person.
• Amount claimed as refund should be shown as ‘amount receivable’ in the
balance sheet.
• If tax amount is refunded by cheque or credit
note to recipient, there cannot be unjust
enrichment.
• Refund of unutilized input tax credit only in case
of (a) exports and supplies to SEZ or (b) in cases
where the credit has accumulated on account of
rate of tax on inputs being higher than the rate of
tax on output supplies ( inverted tax structure )
but not in case of fully exempt goods or services.
Composite Supply
• A supply made consisting of two or more
taxable supplies of goods or services or both,
or any combination thereof, which are
naturally bundled and supplied in conjunction
with each other in ordinary course of
business, one of which is a principal supply.
• Rate of Tax of principal supply will be
applicable for composite supply
• Mixed Supply
• Two or more individual supplies of goods or
services, or any combination thereof, made in
conjunction with each other for a single price
where such supply does not constitute a
composite supply.
• rate of Tax of that particular supply which
attracts the highest rate of tax, will be
applicable for mixed supply.
• THANK YOU

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Gst presentation

  • 1. Goods and Services Tax Presentation
  • 2. Current Indirect Tax Regime Central Levy State Levy Service Tax Sale Tax/VAT Custom Duty- BCD+CVD+SAD Entertainment TaxLuxury Tax Excise Duty-BED + Additional excise duty Entry Tax Central Sale Tax Taxes on betting/gambling Cental cess State cess
  • 3. Proposed GST Tax Regime -CGST-Central Goods and Service Tax -SGST-State Goods and Service Tax -UGST-Union Goods and Service Tax -IGST-Inter sate Goods and Service Tax
  • 4. Tax to be subsumed under GST • Service Tax • Custom Duty-CVD+SAD • Excise Duty-Additional excise duty/Central Excise Duty • Central Sale Tax • Cental cess/Surcharge • Vat/Sale Tax
  • 5. Tax to be subsumed under GST -Entry Tax -Entertainment tax (unless it is levied by local bodies) -Luxury Tax -Tax on lottery, betting and gambling -Purchase Tax -Octroi and Entry Tax -State surcharges and cesses
  • 6. Tax not to be subsumed under GST -CENTRAL TAXES -Basic Customs duty -Other Customs duty like Anti-Dumping duty, Safeguard duty etc. -Basic Excise Duty -Export Duty -
  • 7. Tax not to be subsumed under GST • STATE TAXES Road and Passenger tax Toll tax Property tax Stamp duty Electricity duty Tax on entertainment and amusement levied and collected by Panchayat/Municipality/ Regional council/District council
  • 8. GST Regime -What is GST-CGST/SGST/IGST/UGST -Levy of Tax on what -Who is liable to get registered -On what value I have to pay tax -Point of taxation -Place of Supply of service/goods -Set off of IGST/CGST/SGST/UGST -Concession to small taxable person
  • 9. • Transition rules • Import /export • Input tax credit • Input service distributor • Job work • Tax invoice, credit note, debit note, E-way bill • Return procedure • Refund
  • 10. Feature of GST Act • GST is consumption based tax i.e. tax is payable in the State where goods or services or both are finally consumed. • GST is based on Vat concept of allowing input tax credit of tax paid on inputs, input services and capital goods, for payment of output tax. This will avoid cascading effect of taxes.
  • 11. • Distinction between goods and services will be mostly eliminated. This will eliminate problem of dual taxation presently faced by construction industry, works contract, food related services like restaurant and outdoor catering, leasing and hire services and software services.
  • 12. • Goods and Services Tax (GST) will be on 'supply' of goods or services or both, in India except Jammu and Kashmir • For supplies within the State or Union Territory- (a) Central GST (CGST) will be payable to Central Government and (b) State GST (SGST) or UTGST (Union Territory GST) will be payable to State Government or Union Territory (as applicable)
  • 13. • For inter-state supplies (supply from one State or Union Territory to another State or Union Territory), Integrated GST (IGST) will be payable to Central Government. • In addition, GST Compensation Cess of about 12% will be payable on pan masala, tobacco products, coal, aerated waters and motor cars.
  • 14. • Payment within six months-otherwise the whole input will be reversed with interest. •
  • 15. Taxable Event- • Supply of goods or services or both is 'taxable event' in GST as that event triggers liability to pay GST. • There is tax liability even no consideration is involved on suppy like • transfer to branch, • Supply by taxable person to related person • Free gift to related persons
  • 16. • Supply by principal to agent • GST will be payable under reverse charge in respect of specified goods and services • GST will be payable on purchase of goods or services under reverse charge by registered dealer from unregistered dealer. • E Commerce operator
  • 17. Who is liable to get registered • Person whose supplies of goods or services or both are more than Rs. 20 lakhs per annum is required to pay GST. In case of North Eastern States, Jammu and Kashmir, Himachal Pradesh and Uttarakhand, this limit is Rs. 10 lakhs. • E-commerce companies will be required to pay 1% as Tax Collection at Source. In some cases(like taxi services), they will be liable to pay entire tax
  • 18. Compulsory Registration • (i) persons making any inter-State taxable supply; • (ii) casual taxable persons making taxable supply; • (iii) persons who are required to pay tax under reverse charge; • (iv) person who are required to pay tax under sub- section (5) of section 9; • (v) non-resident taxable persons making taxable supply; • (vi) persons who are required to deduct tax under section 51, whether or not separately registered under this Act;
  • 19. • (vii) persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise; • (viii) Input Service Distributor, whether or not separately registered under this Act; • (ix) persons who supply goods or services or both, other than supplies specified under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52; • (x) every electronic commerce operator;
  • 20. • (xi) every person supplying online information and database access or retrieval services from a place outside India to a person in India, other than a registered person; and • (xii) such other person or class of persons as may be notified by the Government
  • 21. When the GST is payable-Point of taxation • GST is payable on monthly basis by 20th of following month. Monthly return is also required to filed on same day. • GST is payable when advance received from recipient, even if supply is to be made later. However, GST is not payable on 'adjustable deposit'. Sec 2(32)
  • 22. Value of taxable supply • Transaction value when price is sole consideration and supplier and recipient are not related is basis of valuation. • IGST, CGST, UTGST and SGST charged on supply will not be includible in value, but other taxes, if any will be includible. • Incidental expenses incurred before supply like packing, testing, weighment includible in 'value'. • Interest, Late fee or penalty for delayed payment is includible i 'value' for purpose of GST. • Amount paid by recipient on behalf of supplier includible in value.
  • 23. • Subsidies directly linked to supply includible but not subsidies received from Government. • Discount not includible in 'value' if it was known before or at the time of supply • Price charged to related person or distinct persons with same PAN will be accepted if it is open market value or price of like kind of goods or services.
  • 24. • If value is not ascertainable by aforesaid methods, it will be 110% of cost of production or manufacture or cost of acquisition of such
  • 25. Place of Supply of service/goods • If location of supplier of service and place of supply are in same State or Union Territory, CGST and SGST/UTGST payable. • If location of supplier of service and place of supply are in different States or Union Territories, IGST is payable.
  • 26. • Specific provisions have been made for place of supply in case of services directly relating to immovable property, restaurant, training and appraisal, admission to events, transportation of goods and passengers, services on board a conveyance, telecom services, banking and FI services, insurance services and advertisement services to Government within India.
  • 27. • Supply of services imported into the territory of India shall be deemed to be supply of services in the course of Inter-State trade or commerce. Thus, IGST will be payable, mostly under reverse charge • If goods are imported, IGST and GST compensation cess will be payable.
  • 28. • If tax wrongly charged, then tax have to be deposited again and refund of that deposited will be claimed. However no interest will be charged in case of wrong deposit.
  • 29. Export of Services • In relation to GST, following are the concessions/incentives for exports: (1) Exemption from GST on final products or (2) Refund of GST paid on inputs.
  • 30. Set off of IGST/CGST/SGST/UGST Output Tax Liability Order for utilization of Credit IGST 1. IGST 2. CGST 3.SGST/UTGST CGST 1. CGST 2. IGST SGST 1. SGST 2. IGST UTGST 1. UTGST 2. IGST
  • 31. Concession to small taxable person • Composition Dealer-Upto 75 lakh turnover • all their purchases should be from registered persons.If they purchase from unregistered persons, they will be liable to pay GST on these purchases under reverse charge. • The rates are-2% for manufacturers, 1% for traders and 5% for restaurants. • Not applicable to work contractors
  • 32. • In case of payment of tax under composition scheme, the taxable person should issue 'Bill of Supply' instead of Tax Invoice with details specified in rule 4.
  • 33. Transition rules • Taxable Persons who are paying services tax, State Vat or Central Excise are required to migrate to GST. They will get temporary PAN based registration number. Final registration will be granted after submitting necessary information and papers- section 139 of CGST Act.
  • 34. • A manufacture who is having Cenvat Credit balance in his return on 30-6-2017 can carry forward his Cenvat credit as CGST Credit. He can also take unavailed Cenvat credit of excise duty paid on capital goods- section 140(1) and 140(2) of CGST Act. He has to submit application in in Form GST TRAN 1 within 60 days.
  • 35. • A dealer or manufacturer who has input tax credit under State Vat or Entry Tax in his return on 30-6-2017 can carry forward his input tax credit as SGST Credit. He can also take unavailed credit of State Vat paid on capital goods-section 140(1) and 1401(2) of SGST Act. He has to submit application in Form GST TRAN 1 within 60 days.
  • 36. • A taxable person who was not earlier under Central Excise but is now under GST can take input tax credit of excise duty which was paid on the stock with him, if he has Invoice or other documents evidencing payment of excise duty. He has to submit stock statement- section 140(3) of CGST Act.
  • 37. • A taxable person who was not earlier under Central Excise but is now under GST and does not have excise duty paying documents evidencing payment of excise duty, can take input tax credit of 40% of CGST payable by him. He takes credit when he sales this stock after 1-7-2017 by charging CGST. He can sale old stock upto six months. He has to submit stock statement and submit statement in Form GST TRAN - provision to section 140(3) of CGST Act.
  • 38. • A taxable person who was not earlier under State VAt but is now under GST can take input tax credit of State Vat which was paid on the stock with him, if he has tax invoices or other documents evidencing payment of State Vat. He has to submit stock statement and submit statement in Form GST TRAN - proviso to section 140(3) of CGST Act.
  • 39. • A taxable person who was not earlier under State Vat but is now under GST can take input credit of State Vat which was paid on the stock with him, if he has tax invoices or other documents evidencing payment of state vat. He has to submit stock statement - section 140(3) of SGST Act
  • 40. • A taxable person who was not earlier under State Vat or was under composition scheme but is now under GST and does not have composition scheme but is now under GST and does not have documents evidencing payment of State Vat, can take input tax credit of 40% of SGST payable by him. he takes credit when he sales this stock after 1-7-2017 by charging SGST. He can sale old stock upto six months. He has to submit stock statement and submit statement in Form GST TRAN-provision to section 140(3) of SGST Act.
  • 41. • If goods were cleared by supplier prior to 1-7- 2017 by paying excise duty and State Vat but goods were received after 1-7-2017, input tax credit of such excise duty or State Vat is available if such invoice was recorded in books of account within 30 days i.e. before 30-7- 2017. He has to furnish specified details- section 140(5) of CGST Act and SGST Act.
  • 42. Input tax credit • GST is destination based consumption tax i.e. GST is ultimately payable in the State or Union Territory in which goods and services are consumed. • Input Tax Credit is core aspect of GST, which will ensure this basic goal of GST of avoiding cascading effect of taxes. • Supplier of goods and services can avail input tax credit of IGST, CGST, SGST and UTGST paid by suppliers on their input goods and services and capital goods.
  • 43. • All input goods and services and capital goods used or intended to be used in course or furtherance of business are eligible for availment of input tax credit, except few.
  • 44. • Motor vehicles and other conveyances are eligible only if used for further supply, transportation of passenger or goods and imparting training for driving or flying. • Input tax credit is available only when supplier of goods and services has paid tax in full. • If payment is not made by recipient to supplier of goods or services or both within 180 days, the input tax credit is required to be reversed. Interest will be payable from date of taking input tax credit [ as per rule 2 of Input Tax Credit Rules
  • 45. Input tax credit in respect of supply of taxable as well as exempt supplies of goods and services • If taxable person supplies both taxable goods or services both and exempt/non-taxable goods or services or both, he can take only proportionate input tax credit attributable to taxable goods or services or both, as per rules. • In case of capital goods which are common for taxable and exempt supplies, the eligible input tax credit will be as per formula specified in rule 8 of Input Tax Credit Rules. It will be spread over five financial years.
  • 46. Input Service Distributor • Input services availed in Head Office or depots or regional offices can be availed at other places through mechanism of 'Input Service Distributor'.
  • 47. Job work • Job work is “service • Goods on which Input Tax Credit (ITC) is taken can be sent at another place for job work as per provisions of section 143 of CGST. • Intimation is required to be given for sending goods for job work • Goods can be sent directly to place of job worker and can be supplied to recipient directly from place of job worker
  • 48. • Any waste and scrap generated during the job work may be supplied by the job worker directly from his place of business on payment of tax if the job worker is registered , or by the principal, if the job worker is not registered -section 143(5)of CGST Act.
  • 49. • When material is sent for job work, Delivery Challan should be prepared in triplicate containing details specified in rule 8(1) of Invoices Rules. • Details of challans in respect of goods dispatched to a job worker or received from job worker shall be included in return in Form GSTR-1.
  • 50. • IF inputs/capital goods are not received during prescribed period, GST will be payable for which challan issued will be considered as 'Invoice'. • If inputs or semi finished goods sent by Principal are lying with job worker on 1-7-2017.Principal should submit stock statement as on 1-7-2017 and then he can take input tax credit of central excise duty or State Vat paid on those goods - section 141 of CGST Act.
  • 51. Tax invoice • Tax Invoice for outward supplies • Bill of Supply for outward supplies • Receipt Voucher for outward supplies • Invoice for Reverse Charge for inward supplies
  • 52. • Payment Voucher for Reverse Charge for inward supplies • Credit Note • Debit Note, Supplementary Invoice
  • 53. • Tax Invoice for outward supplies • A registered person supplying taxable goods shall, before or at the time of • a) removal of goods, where the supply involves movement • b) delivery of goods or making available to recipient, in other cases • issue a TAX INVOICE • - A registered person supplying taxable services shall, before or within 30 days after • the provision of service issue a TAX INVOICE.
  • 54. • Contents of Tax Invoice • 1) Name, address and GSTIN of the supplier • 2) A consecutive serial number, containing alphabets or numerals or special characters • 3) date of its issue; • 4) Name, address and GSTIN or UIN, of the recipient; if registered • 5) Address of delivery
  • 55. • 6) HSN Code of goods or Service Accounting Code for services • 7) Description of goods or services or both • 8) Quantity of goods • 9) Value of supply of goods or services or both taking into account discount or abatement, if any • 10) Rate of GST • 11) Amount of GST on taxable goods or services
  • 56. • 12) Place of supply in case of interstate transaction • 13) Whether reverse charge applicable • 14) Signature or digital signature of the supplier or his authorized representative
  • 57. • Bill of Supply for outward supplies • - A registered person supplying exempted goods or services or both or composition • supplier shall issue, instead of a tax invoice, a BILL OF SUPPLY • All the information except GST rate and GST amount as mentioned in Tax invoice is required to be given in it.
  • 58. • Receipt Voucher for outward supplies • A registered person shall, on receipt of advance payment with respect to any supply of goods or services or both, issue RECEIPT VOUCHER or any other document evidencing such payment • All the things mentioned in the tax invoice also have to mention in receipt voucher.
  • 59. • Invoice for Reverse Charge for inward supplies • - A registered person, who is liable to pay tax under reverse charge, shall issue an INVOICE in respect of goods or services or both, on receipt of the same received from Unregistered Supplier (URS) or other notified supplier
  • 60. • Payment Voucher for Reverse Charge for inward supplies • - A registered person, who is liable to pay tax under reverse charge, shall issue an PAYMENT VOUCHER at the time of making of payment to supplier in respect of goods or services or both.
  • 61. • taxpayer cannot make changes in tax invoice after it upload on GSTN. If any changes are required to be done then they will be made through debit and credit note. All the information mentioned in tax invoice should be mentioned in debit or credit note
  • 62. • Credit Note • - A registered person, who has issued a Tax Invoice for Goods or Services or Both and the taxable value or tax is found to exceed the taxable value or tax OR goods are returned OR goods or services or both are found to be deficient, may issue CREDIT NOTE to the recipient. and declare the same in the month of the return in which such Credit Note has been issued but not later than September following the end of financial year or filing of annual return, whichever is earlier.
  • 63. • Debit Note, Supplementary Invoice • A registered person, who has issued a Tax Invoice for Goods or Services or Both and the taxable value or tax is found to less than the taxable value or tax shall DEBIT NOTE to the recipient. and declare the same in the month of the return in which such Debit Note has been issued
  • 64. E-way bill • This is an Electronic document generated on the GSTN common portal by the supplier or buyer or transporter and is required to be carry by the driver while moving the goods from one place to another either under local act or central act and to be accompanied along with tax invoice or bill of supply or delivery challan or debit note etc.
  • 65. WHEN TO GENERATE E-WAY BILL, CONSIGNMENT VALUE AND CONTENTS OF GST INS-01. • E-Way Bill is to be generated on the GSTN common portal by filing GST INS-01 before the commencement of movement of goods if the consignment value 50,000.
  • 66. WHEN TO GENERATE E-WAY BILL, CONSIGNMENT VALUE AND CONTENTS OF GST • Part A consist of details in relation to invoice and goods i.e. invoice number, date of invoice, HSN code of the product, description of goods, quantity, rate of tax, value, amount of tax, name , address, and GSTIN of supplier and buyer. • Part B consist of details in respect of transporter i.e. name , address, GSTIN, mobile number of the transporter, name and mobile number of the driver, vehicle number , place of supply and address, place of origin and address etc.
  • 67. OTHER POINT FOR CONSIDERATION • Upon generation of E-Way Bill on the common portal, a unique E-Way Bill Number (EBN) shall be made available to the supplier, recipient, transporter on the common portal. • Transporter if change the vehicle in transit due to any reason then he will generate a new E-Way Bill on the common portal in GST INS-01 specifying there in the new details of vehicles transporting the goods. •
  • 68. OTHER POINT FOR CONSIDERATION • Where multiple consignment are transported in one conveyance then transporter shall generate consolidated E-Way Bill in FORM GST INS-02 which shall include serial number of each E-Way Bill already issued, prior to the movement of goods.
  • 69. OTHER POINT FOR CONSIDERATION • The E-Way Bill generated by supplier shall be communicated to the registered buyer on the common portal, who shall communicate each acceptance or rejection of the consignment within 72 hours otherwise it shall be deemed that he has accepted the said details. • 7.The facility of generation or cancellation of E- Way Bill may also made available through SMS.
  • 70. VALIDITY OF E-WAY BILL Sr. No. Distance Validity period 1 Less than 100 km. One day 2 Between 100 km to 300 km. Three days 3 Between 300 km to 500 km. Five days 4 Between 500 km to 1,000 km. Ten days 5 Above 1000 km Fifteen days
  • 71. CANCELATION OF E-WAY BILL • Where an E-Way Bill has been generating but either the goods not transported or furnish details are incorrect then the said E-Way Bill may be cancelled electronically on common portal within 24 hours of generation of E-Way Bills by the person who as generated the E- Way Bill.
  • 72. DOCUMENTS AND DEVICE TO BE CARRIED BY THE DRIVER • The following documents and device to be carried by the driver while transporting the goods • 1.The Tax Invoice or Bill of supply or delivery challan, as the case may be, and • 2. Copy of the E-Way Bill or the E-Way Bill number either physically or mapped to a Radio Frequency Identification device (RFID) embedded on to the conveyance in such banner as may be notified by the commissioner.
  • 73. • The Commissioner may issued a notification requiring a class of transporter to obtain a unique RFID device and get the said invoice embedded on to the vehicle and mapped the E-Way Bill to the RFID prior to the movement of goods.
  • 75. S N Form No. Frequency Due Date Details to be furnished 1 Form GSTR-1 Monthly 10th Details of outward supplies of goods and/or services effected. 2 Form GSTR-2A Monthly 11th Auto Populated details of input tax and inward supplies made available to the buyer on the basis of Form GSTR-1 of the supplier. 3 Form GSTR-2 Monthly 15th Details of inward supplies of goods and/or services effected to a buyer. 4 Form GSTR-1A Monthly 17th Auto Populated details of input tax and inwards supplies as modified, corrected, accepted or deleted by the buyer. 5 Form GSTR-3 Monthly 20th Monthly return of outward supplies and inward supplies along with tax liability, ITC credit, TDS/TCS credited, tax payable, tax paid or refund claimed details of a taxable person. List of GST Returns to be furnished by Registered Persons
  • 76. 6 Form GSTR-4 Quarterly 18th Composition Dealer return 7 Form GSTR-5 Monthly 20th Non Resident taxable person (Foreign) 8 Form GSTR-6 Monthly 15th Input service distributor return 9 Form GSTR-7 Monthly 10th TDS/TCS Return 10 Form GSTR-8 Monthly E-Commerce operator return 11 Form GSTR-9 Annually 31st Dec Annual Return by taxable person
  • 77. HSN/ SAC • Harmonised System Nomenclature (HSN) for Goods. • Who is liable to fill up HSN code S.NO . PARTICULARS Condition of HSN Code in Digit 1 If last year sale less than Rs. 1.5 crores Not mandatory for first year but minimum 2 digit from second and subsequent year 2 If last year sales between Rs. 1.5 crores to 5 crores Minimum 2 digit in the first year and as per rule in the subsequent year. 3 If last year sale exceeds Rs. 5 crore Minimum 4 digit in the first year and as per rule in the subsequent year. 4 In case of exports / import Mandatory 8 digit in case of export/import
  • 78. • HSN Code consist of 8 digit out of which first & second digit represent chapter, third & fourth digit represent heading, fifth & sixth digit represent sub heading and lastly seven & eight digit represent sub heading and hence at least chapter code must be known for dealer having turnover less than 5 crores and accordingly. • Minimum 2 digit in the first year and as per rule in the subsequent year.
  • 79. • Service Accounting Code (SAC) for Services • Who is liable to fill up SAC Code • Any taxable person providing services for which place of supplies rules are dependent on nature of service then it is mandatory to fill 8 digit SAC in the GST return. Also in case of exports/ import of services, it is mandatory to fill up SAC Code. • Please note that SAC code consist of 8 digit and HSN code also consist of 8 digits so with a view to differentiate HSN code from SAC code it is directed to prefix ‘S’ before the SAC code while filling up code in GST Returns.
  • 80. RECTIFICATION OF MISTAKE • Return cannot be revised under GST Act. Mistake can be rectified by showing transaction in the month in which such mistake is noticed by the dealer. Limitation period is earlier of the period on which next year September return is filed or annual return is filed. • If mistake relates to April-2018 then mistake can be corrected up to 10/10/2019(Sales) or 15/10/2019 (Purchase) if return and annual return are filed in due date. (Around 18 months). If September return filed late then mistake can be corrected up to 31/12/2019 (Around 21 months) • If mistake relates to March-2019 then mistake can be corrected up to 10/10/2019(Sales) or 15/10/2019 (Purchase) if return and annual return are filed in due date. (Around 6 months). If September return filed late then mistake can be corrected up to 31/12/2019 (Around 9 months)
  • 81. • In case Annual return filed earlier say in June- 2019 then correction can be made up to June- 2019 only for all the monthly returns for the financial year 2018-19 thus reduced the time of limitation for rectification of mistake
  • 82. Detail of Outward supplies in GSTR-1 by the seller • Each registered taxable person is liable to furnish detail of sales in GSTR-1 on monthly basis latest by 10th day of each month and GSTR-1 contain the following details: • 1.GSTIN of the Taxable Person ………..………….…….. (Auto Populated) • 2.Name of the Taxable Person……………………………. (Auto Populated) • 3.Aggregate Turnover in Previous Year…………(To be submitted only in first year and auto populated in subsequent year) • 4.Period: Month………Year……………(select from drop down)
  • 83. • Details of Sales to Registered Person (B2B Local & Central both) • Details of Inter State Sale to consumer, if invoice value exceeds Rs. 2,50,000/- • Details of Taxable Sale to Consumer under local act and invoice value less than Rs.2,50,000/- under central act.
  • 84. • Details of Debit/ Credit Notes issued by supplier. • Details of Nil rated, exempted and non GST outward supplies. • Details of Exports sales including Deemed export (SEZ Sales) • Advance payment received without issued of invoice. • Tax already paid on advance receipt basis but invoice issued in the current period.
  • 85. • Sale made through E-Commerce portal (Part-1 for registered dealer and Part-2 for unregistered dealer. • Total no of invoice issued, invoice cancelled, net invoice used and serial no beginning from to end in the current month. • Verification and Signing
  • 86. Details of Taxable Sale to Consumer under local act and invoice value less than Rs.2,50,000/- under central act. • Under the above head we have to fill up the following column: • 1.Goods or Services/HSN or SAC / State Code where goods delivered /Aggregate Taxable value/Rate of IGST or CGST or SGST /Amount(Auto calculate) of IGST or CGST or SGST. • 2.Whether Tax on this invoice is paid under provisional assessment. • Point to be consider • 1.Since it is a petty sales and aggregate value require and hence one line transaction of identical code basis state wise and Buyers identity not required in this column whether local or central.
  • 87. Details of Inter State Sale to consumer if invoice value exceeds Rs. 2,50,000/- • Under the above head we have to fill up the following column: • 1.Buyer’s State Code (consumer, no GSTN No., state code for destination) • 2.Name of the Recipient • 3.Invoice date/ Number/Value/Goods or Services/HSN or SAC Taxable value/Rate of IGST /Amount(Auto calculate) of IGST. (since central transaction) • 4.POS (only if different from the location of recipient) • 5.Whether Tax on this invoice is paid under provisional assessment.
  • 88. Details of Sales to Registered Person (B2B Local & Central both) • Under the above head we have to fill up the following column: • 1.GSTIN/UIN Number • 2.Invoice date/ Number/Value/Goods or Services/HSN or SAC Taxable value/Rate of IGST or CGST or SGST/Amount(Auto calculate) of IGST or CGST or SGST. • 3.POS (only if different from the location of recipient) • 4.Whether reverse charge (indicate if applicable) • 5.Whether Tax on this invoice is paid under provisional assessment. • 6.GSTIN of E-Commerce operator (if applicable)
  • 89. Tax already paid on advance receipt basis and invoice issued in the current period • Under the above head we have to fill up the following column: • 1.Invoice No. • 2.Transaction ID (as generated while paying tax on advance basis in column 11) • 3.Tax paid on advance basis and give Rate of IGST or CGST or SGST / Amount(Auto calculate) of IGST or CGST or SGST.
  • 90. • Point to be consider • 1.Supplier has to show the complete invoice detail either in column 5, 6, 7 as the case may be but to give invoice no. in column 12 for which advance payment was made and tax to that extent would be automatically adjusted through transaction ID generated for this purpose.
  • 91. Sale made through E-Commerce • Part-1 supply made to registered person through e-commerce portal • All details would be auto populated from table 5 of this return as the same is flagged by the dealer and we have to fill up only Merchant ID issued by e-commerce operator. • Part-2 supply made to un-registered person through e-commerce portal • All details would be auto populated from table 6 & 7 of this return as the same is flagged by the dealer and we have to fill up only Merchant ID issued by e-commerce operator. • Point to be consider • 1.The effect of above table will not be including in the turnover again as the same already has been taken for taxability from table 5, 6, or 7 as the case may be but this detail are meant for reconciliation purpose only
  • 92. Refund • Claiming refund of any tax and interest paid on such tax or any other amount paid by him, may make an application in that regard to the proper officer of before the expiry of two years from the relevant date. • Relevant date is broadly as follows –(a) export of goods and supplies to SEZ – date of export (b) deemed export – date of return (c ) export of services – date of receipt of payment in foreign exchange (d) refund of unutilized input tax credit - the end of the financial year in which such claim for refund arises. • Refund (except in case of exports and supplies to SEZ) will be subject to doctrine of unjust enrichment, i.e. refund only if burden of tax has not been passed to another person. • Amount claimed as refund should be shown as ‘amount receivable’ in the balance sheet.
  • 93. • If tax amount is refunded by cheque or credit note to recipient, there cannot be unjust enrichment. • Refund of unutilized input tax credit only in case of (a) exports and supplies to SEZ or (b) in cases where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies ( inverted tax structure ) but not in case of fully exempt goods or services.
  • 94. Composite Supply • A supply made consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in ordinary course of business, one of which is a principal supply. • Rate of Tax of principal supply will be applicable for composite supply
  • 95. • Mixed Supply • Two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other for a single price where such supply does not constitute a composite supply. • rate of Tax of that particular supply which attracts the highest rate of tax, will be applicable for mixed supply.