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ISSUES OF PRESENT TAXATION
Cascading Effect
Customs Duty on Import
Invoice
Basic
Customs
Duty
CVD
SAD
GST on Import
Invoice
Basic CD
IGST
Cascading Effect – Excise & VAT
PRESENT INVOICE –
WITH EXCISE & VAT
Invoice
Excise Duty
VAT
GST
Invoice
CGST,SGST (or)
IGST
PRESENT TAXATION
- Excise Duty@1%
and VAT @1%
GST Rate for
Jewellery @5%????
PARTICULARS AMOUNT
Invoice Rs.1,00,00,000
Excise @1% Rs. 1,00,000
VAT@1% Rs. 1,01,000
Total Duty Rs. 2,01,000
PARTICULARS AMOUNT
Invoice Rs.1,00,00,000
GST @5% Rs. 5,00,000
GST ECO-SYSTEM
SCOPE OF GST
Revenue will be ultimately received by the state in which goods are finally consumed
GST
Intra-State
CGST SGST
Inter-State
IGST
TAXES TO BE SUBSUMED INTO
CGST
CGST
Excise
Duty
Service
Tax
SAD
SURCHA
RGES
CESSES
CVD
Medicinal
Excise
TAXES TO BE SUBSUMED INTO SGST
SGSTState Cesses &
Surcharges
Entertainment Tax
Luxury Tax
VAT/
Sales Tax Entry Tax /
Octroi / LBT
Purchase Tax
Taxes on lottery,
betting and
gambling
JEWELLERY SECTOR & GST
The gems and jewelry sector plays an important
role in Indian economy.
As proposed in the GST regime, the state taxes on
the gem and jewelry sector is likely to be around
5%.
Currently, transactions during testing, certification
etc are not taxed but now they all will be taxed.
This may lead to valuation issues.
No distinction between manufacturing and trading
No separate books for manufacturing, showrooms
B TO B & B TO C TRANSACTIONS
Dealers
Bullion
Refined
Gold
Combination
Cash Customers
Cash
CombinationOrnaments
B to B is supply to entities With GST Registration
B TO C is supply to Customer/ End User
SUPPLY TO CUSTOMER –
PLACE OF SUPPLY RULES
B TO C SUPPLY (NORMAL RETAIL SALES)
SUPPLY above Rs.2,50,000/- under One Invoice -
--- “Address of the recipient” will determine
whether Intra State transaction (or) Inter State
transaction.
Job Work
Without added
materials
Bullion
Refined
Gold
Damaged
Gold
Old Gold
Job Worker to be registered under Services in GST if
jobwork charges exceed Rs.20 lakhs
JOB WORK UNDER GST
JOB WORK WITHOUT ADDING
ANY ADDITIONAL MATERIAL
JOB WORK WITH
ADDITION OF MATERIAL
NO GST on transfer of material both
within the State and outside the State
If within the State – CGST/SGST and
outside State - IGST
Transfer under Challan Material can be sent only under a GST
Invoice
Job work charges (Labour portion) –
GST under “Services” . Expected rate
@18%
Supply of material + Labour portion +
additional material added by Job
worker – GST to be charged @18%
Time limit for return of material from
Job worker – One year
When material is sent back from the
Job worker – It is a supply
Input credit can be availed on the GST
paid for services of Job worker
Input credit can be availed on the GST
paid
Stock Movement
Showroom
Showroom
withinstate
NoGST
Showroom
outsidestate
IGST
Stock Point
Stock Point
Stock Point
WithinState
NoGST
Stock Point
OutsideState
IGST
Showroom
Showroom
Showroom
withinstate
NoGST
Showroom
outsidestate
IGST
Showroom
Production Office
Production Office
withinstate
NoGST
Production Office
outsidestate
IGST
Showroom
Stock Point
Stock Point within state
NoGST
Stock Point outside state
IGST
Production Office
Branch
Transfer
MODEL BILL FORMAT - GST
PROPOSED FLOW OF ITC CREDIT..
ITC credit of SGST is not available for CGST or vice-a-
versa
IGST INPUT
SGSTINPUT
IGSTOUTPUT
CGST OUTPUT
CGST INPUT
SGSTOUTPUT
GET SET READY FOR
“REGISTRATION”
Forms for Registration
GST FORM PARTICULARS
FORM GST REG-01 Application for New Registration
FORM GST REG-02 Acknowledgement for submission of registration
application
FORM GST REG-03 Requisition for Clarification w.r.t. application
FORM GST REG-04 Clarification w.r.t. above
FORM GST REG-05 Rejection of application
FORM GST REG-06 Certificate of Registration
FORM GST REG-07 Application for New Registration for TDS / TCS
REGISTRATION
15 digit Centralized PAN based
One State One Registration
Option of multiple reg. within a
state for diff. business segments
Contain State Code
E-mail ID and the internet bank
account number
REGISTRATION STRUCTURE
1st & 2nd Digit
 State Code as defined under the Indian
Census 2011 - unique two digit
3rd & 12th Digit
 PAN
13th Digit
 alpha-numeric – 1 to 9 and then A to Z
15th Digit
 Blank for future use
14th Digit
 Check Digit
State
wise
PAN-
based
15-
digit
GSTIN:
….decoding Draft Model GST Law
FAQs on GST
What are the Goods covered in GST?
 Current coverage under Central Excise:
➢ Chapter 71 of the Central Excise Tariff Act covers the goods under
category of jewellery - Natural or cultured pearls / Precious or semi
Precious stones / Precious metals / Metals clad with precious metal and
articles therefore / Jewellery including imitation Jewellery / Coin
➢ Excise duty is levied on products covered under chapter 7113 - Articles of
Jewellery and parts thereof, of precious metal or of metal clad with
precious metal
➢ Set of exemptions prevail under Central Excise
 Coverage under VAT
➢ VATis applicable on precious metals / diamonds / imitation jewellery, etc.
23
 Coverage under GST:
➢All taxable supplies unless specifically exempted / non-taxable - Manufactured / Traded supplies
➢There is likely to be no distinction between platinum / gold / silver jewellery / gold plated
jewellery - whether or not studded with diamonds, etc / whether or not branded / whether of 18k
purity or 22k purity
➢List of all goods dutiable under Excise / Exempted under Excise / taxable under VAT / Exempted
under VAT will be covered under GST subject to exceptions w.r.t. exemptions / non-taxable, if any
“Taxable supply’’ means a supply of goods and / or services which is chargeable to tax under this
Act
“Non-taxable supply” means a supply of goods or services which is not chargeable to tax under
this Act
“Exempt supply” means supply of any goods and / or services which are not taxable under this
Act and includes such supply of goods and / or services which attract nil rate of tax or which may
be exempt from tax under section 11
“Taxable territory’’ means the territory to which the provisions of this Act apply - extends to the
whole of India / State’s name
What are the Goods covered in GST?
Whether Process of Affixing or Embossing Trade Name or
Brand Name is supply?
 All forms of supply made or agreed to be made for a consideration by a person in
the course or furtherance of business is included in supply
 “job work” means undertaking any treatment or process by a person on goods
belonging to another registered taxable person and the expression “job worker”
shall be construed accordingly.
 The process of affixing / embossing trade name or brand name would therefore
qualify to be supply
 Process of affixing house mark for the purpose of identity shall not tantamount to
supply if done by manufacturer on own. However if done by job worker for
consideration, the same will tantamount to supply
Who is liable for payment of taxes?
Under current taxation regime, liability to pay duty is upon the
person getting the goods manufactured instead of on job
worker
In GST, supplier of jewellery is responsible for discharge of
liability on supply of jewellery
Job worker is responsible for discharge of liability on the value
of services supplied for the process / treatment undertaken by
him
GST being an indirect tax can be collected from customers at
time of sale
Is there any exemption for articles of gold
Jewellery / exemptions for goods related to
Jewellery manufacturing?
List of products on which exemption will be
extended is not published
Possibility of exemption is least considering
that GST is expected to ensure thorough
passage of credit of taxes paid
Whether consideration by way of gold against sale of jewellery is covered under
supply?
 “Consideration” in relation to the supply of goods and / or services to any person, includes
(a)any payment made or to be made, whether in money or otherwise, in respect of, in
response to, or for the inducement of, the supply of goods or services, whether by the
recipient or by any other person but shall not include any subsidy given by the Central
Government or a State Government;
(b)the monetary value of any act or forbearance, whether or not voluntary, in respect of, in
response to, or for the inducement of, the supply of goods or services, whether by the
recipient or by any other person but shall not include any subsidy given by the Central
Government or a State Government:
 PROVIDED that a deposit, whether refundable or not, given in respect of the supply of goods
or services shall not be considered as payment made for the supply unless the supplier
applies the deposit as consideration for the supply
 If the consideration is by way of gold against sale of jewellery, then the same will be
considered as supply
Whether goods manufactured / traded can be sold from same location?
 No restriction on sale of manufactured / Jewellery
manufactured on job work / traded goods from the same
location
 As per the current regime, separate physical stocks may be
required for arriving at correct valuation
 Optional scheme under rule 12 of the Articles of Jewellery
(Collection of Duty) Rules, 2016 defining mechanism for
determining stock of manufactured / traded goods is not
specified under GST
What is tax liability on goods received for repair /
reconditioning, etc.
 Repair / reconditioning will be treated as supply irrespective of
whether the same is with consideration / without consideration
so far as it relates to furtherance of business
 GST will be payable on appropriate value in accordance with
valuation principles
What are the implications of jewellery made for retail end-users
who bring the gold required to make Jewellery
in the form of old jewellery of gold?
 Process / treatment undertaken will tantamount to job work
 Valuation needs to be done in accordance with valuation
provisions stated above i.e. the consideration for the job work
services
 It may be noted that the treatment of exchange is different
 Proper documents should be maintained as to receipt of the
goods from the retail end-user / sent for processing for final
products
What are the implications of when old jewellery is
exchanged for new jewellery?
 GST is payable on valuation arrived at taking into consideration the
following: Value of jewellery supplied by customer
+ Transaction value of the new jewellery
 However argument can be held that each of the leg of the exchange is a supply. In
such scenarios the valuation for each of the legs will be done seperately.
What is Small Scale Exemption in General?
 The general exemption is upto Rs.20 lacs / Rs.10 lacs for specified states
 Exemption limit is applicable for all units together
 Value of clearance of units owned by different persons need not be
clubbed for determination of clearance limit despite being under
effectively controlled by one person
What is Composition Scheme of Levy?
 Composition Scheme of Levy is not applicable to:
(a)Supply of services;
(b) Supply of goods which are not leviable to tax under this Act;
(c) Inter-State outward supplies of goods; or
(d)Supply of goods through an electronic commerce operator
who is required to collect tax at source
(e)Manufacturer of notified goods as per the recommendation of
the Council:
What is the document for supply under GST?
 Tax invoice is to be prepared for every supply
 Details to be mentioned on Taxinvoice
• Name, address and GSTIN of the supplier;
• serial number containing only alphabets &/or numerals, unique for a FY;
• date of issue;
• For Registered recipient
• Name, address and GSTIN / Unique ID Number of the recipient
• the address of delivery,
• For Un-registered recipient
• name of State & its code, only where the taxable value of supply is fifty
thousand rupees or more;
• HSN code of goods or Accounting Code ofservices;
• description of goods orservices;
• place of delivery where it is different from the place of supply;
• whether the tax is payable on reverse charge;
What is the document for supply under GST?
 Details to be mentioned on Tax invoice
• For Revised / supplementary Invoice
• the word “Revised Invoice” or “Supplementary Invoice”, to be, indicated prominently,
• the date and invoice number of the original invoice;
• Signature or digital signature of the supplier or his authorized representative.
• Quantity in case of goods and unit or Unique Quantity Code thereof;
• Taxable value of goods or services taking into account discount or abatement, if any;
• Rate of tax (CGST, SGST or IGST);
• Amount of tax charged in respect of taxable goods or services (CGST, SGST or IGST);
• Place of supply along with the name of State, in case of a supply in the course of inter-
State trade or commerce;
• For exports, an endorsement “SUPPLY MEANT FOR EXPORT ON PAYMENT OF IGST” or
“SUPPLY MEANT FOR EXPORT UNDER BOND WITHOUT PAYMENT OF IGST”
What is the document for movement of goods from
workshop to showroom?
 If movement is within state and between workshop and
showroom under one registration, the goods can be moved on
challan
 If the movement in inter-state, then goods will move on tax
invoice
 Similarly if the movement of goods is within state, but between
workshop and showroom under different registration, the goods
will move on tax invoice

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Gst ppt nextgen data technologies1

  • 1. ISSUES OF PRESENT TAXATION Cascading Effect Customs Duty on Import Invoice Basic Customs Duty CVD SAD GST on Import Invoice Basic CD IGST
  • 2. Cascading Effect – Excise & VAT PRESENT INVOICE – WITH EXCISE & VAT Invoice Excise Duty VAT GST Invoice CGST,SGST (or) IGST
  • 3. PRESENT TAXATION - Excise Duty@1% and VAT @1% GST Rate for Jewellery @5%???? PARTICULARS AMOUNT Invoice Rs.1,00,00,000 Excise @1% Rs. 1,00,000 VAT@1% Rs. 1,01,000 Total Duty Rs. 2,01,000 PARTICULARS AMOUNT Invoice Rs.1,00,00,000 GST @5% Rs. 5,00,000
  • 5. SCOPE OF GST Revenue will be ultimately received by the state in which goods are finally consumed GST Intra-State CGST SGST Inter-State IGST
  • 6. TAXES TO BE SUBSUMED INTO CGST CGST Excise Duty Service Tax SAD SURCHA RGES CESSES CVD Medicinal Excise
  • 7. TAXES TO BE SUBSUMED INTO SGST SGSTState Cesses & Surcharges Entertainment Tax Luxury Tax VAT/ Sales Tax Entry Tax / Octroi / LBT Purchase Tax Taxes on lottery, betting and gambling
  • 8. JEWELLERY SECTOR & GST The gems and jewelry sector plays an important role in Indian economy. As proposed in the GST regime, the state taxes on the gem and jewelry sector is likely to be around 5%. Currently, transactions during testing, certification etc are not taxed but now they all will be taxed. This may lead to valuation issues. No distinction between manufacturing and trading No separate books for manufacturing, showrooms
  • 9.
  • 10. B TO B & B TO C TRANSACTIONS Dealers Bullion Refined Gold Combination Cash Customers Cash CombinationOrnaments B to B is supply to entities With GST Registration B TO C is supply to Customer/ End User
  • 11. SUPPLY TO CUSTOMER – PLACE OF SUPPLY RULES B TO C SUPPLY (NORMAL RETAIL SALES) SUPPLY above Rs.2,50,000/- under One Invoice - --- “Address of the recipient” will determine whether Intra State transaction (or) Inter State transaction.
  • 12. Job Work Without added materials Bullion Refined Gold Damaged Gold Old Gold Job Worker to be registered under Services in GST if jobwork charges exceed Rs.20 lakhs
  • 13. JOB WORK UNDER GST JOB WORK WITHOUT ADDING ANY ADDITIONAL MATERIAL JOB WORK WITH ADDITION OF MATERIAL NO GST on transfer of material both within the State and outside the State If within the State – CGST/SGST and outside State - IGST Transfer under Challan Material can be sent only under a GST Invoice Job work charges (Labour portion) – GST under “Services” . Expected rate @18% Supply of material + Labour portion + additional material added by Job worker – GST to be charged @18% Time limit for return of material from Job worker – One year When material is sent back from the Job worker – It is a supply Input credit can be availed on the GST paid for services of Job worker Input credit can be availed on the GST paid
  • 14. Stock Movement Showroom Showroom withinstate NoGST Showroom outsidestate IGST Stock Point Stock Point Stock Point WithinState NoGST Stock Point OutsideState IGST Showroom Showroom Showroom withinstate NoGST Showroom outsidestate IGST Showroom Production Office Production Office withinstate NoGST Production Office outsidestate IGST Showroom Stock Point Stock Point within state NoGST Stock Point outside state IGST Production Office Branch Transfer
  • 16. PROPOSED FLOW OF ITC CREDIT.. ITC credit of SGST is not available for CGST or vice-a- versa IGST INPUT SGSTINPUT IGSTOUTPUT CGST OUTPUT CGST INPUT SGSTOUTPUT
  • 17. GET SET READY FOR “REGISTRATION”
  • 18. Forms for Registration GST FORM PARTICULARS FORM GST REG-01 Application for New Registration FORM GST REG-02 Acknowledgement for submission of registration application FORM GST REG-03 Requisition for Clarification w.r.t. application FORM GST REG-04 Clarification w.r.t. above FORM GST REG-05 Rejection of application FORM GST REG-06 Certificate of Registration FORM GST REG-07 Application for New Registration for TDS / TCS
  • 19. REGISTRATION 15 digit Centralized PAN based One State One Registration Option of multiple reg. within a state for diff. business segments Contain State Code E-mail ID and the internet bank account number
  • 20. REGISTRATION STRUCTURE 1st & 2nd Digit  State Code as defined under the Indian Census 2011 - unique two digit 3rd & 12th Digit  PAN 13th Digit  alpha-numeric – 1 to 9 and then A to Z 15th Digit  Blank for future use 14th Digit  Check Digit State wise PAN- based 15- digit GSTIN:
  • 21. ….decoding Draft Model GST Law FAQs on GST
  • 22. What are the Goods covered in GST?  Current coverage under Central Excise: ➢ Chapter 71 of the Central Excise Tariff Act covers the goods under category of jewellery - Natural or cultured pearls / Precious or semi Precious stones / Precious metals / Metals clad with precious metal and articles therefore / Jewellery including imitation Jewellery / Coin ➢ Excise duty is levied on products covered under chapter 7113 - Articles of Jewellery and parts thereof, of precious metal or of metal clad with precious metal ➢ Set of exemptions prevail under Central Excise  Coverage under VAT ➢ VATis applicable on precious metals / diamonds / imitation jewellery, etc. 23
  • 23.  Coverage under GST: ➢All taxable supplies unless specifically exempted / non-taxable - Manufactured / Traded supplies ➢There is likely to be no distinction between platinum / gold / silver jewellery / gold plated jewellery - whether or not studded with diamonds, etc / whether or not branded / whether of 18k purity or 22k purity ➢List of all goods dutiable under Excise / Exempted under Excise / taxable under VAT / Exempted under VAT will be covered under GST subject to exceptions w.r.t. exemptions / non-taxable, if any “Taxable supply’’ means a supply of goods and / or services which is chargeable to tax under this Act “Non-taxable supply” means a supply of goods or services which is not chargeable to tax under this Act “Exempt supply” means supply of any goods and / or services which are not taxable under this Act and includes such supply of goods and / or services which attract nil rate of tax or which may be exempt from tax under section 11 “Taxable territory’’ means the territory to which the provisions of this Act apply - extends to the whole of India / State’s name What are the Goods covered in GST?
  • 24. Whether Process of Affixing or Embossing Trade Name or Brand Name is supply?  All forms of supply made or agreed to be made for a consideration by a person in the course or furtherance of business is included in supply  “job work” means undertaking any treatment or process by a person on goods belonging to another registered taxable person and the expression “job worker” shall be construed accordingly.  The process of affixing / embossing trade name or brand name would therefore qualify to be supply  Process of affixing house mark for the purpose of identity shall not tantamount to supply if done by manufacturer on own. However if done by job worker for consideration, the same will tantamount to supply
  • 25. Who is liable for payment of taxes? Under current taxation regime, liability to pay duty is upon the person getting the goods manufactured instead of on job worker In GST, supplier of jewellery is responsible for discharge of liability on supply of jewellery Job worker is responsible for discharge of liability on the value of services supplied for the process / treatment undertaken by him GST being an indirect tax can be collected from customers at time of sale
  • 26. Is there any exemption for articles of gold Jewellery / exemptions for goods related to Jewellery manufacturing? List of products on which exemption will be extended is not published Possibility of exemption is least considering that GST is expected to ensure thorough passage of credit of taxes paid
  • 27. Whether consideration by way of gold against sale of jewellery is covered under supply?  “Consideration” in relation to the supply of goods and / or services to any person, includes (a)any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government; (b)the monetary value of any act or forbearance, whether or not voluntary, in respect of, in response to, or for the inducement of, the supply of goods or services, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government:  PROVIDED that a deposit, whether refundable or not, given in respect of the supply of goods or services shall not be considered as payment made for the supply unless the supplier applies the deposit as consideration for the supply  If the consideration is by way of gold against sale of jewellery, then the same will be considered as supply
  • 28. Whether goods manufactured / traded can be sold from same location?  No restriction on sale of manufactured / Jewellery manufactured on job work / traded goods from the same location  As per the current regime, separate physical stocks may be required for arriving at correct valuation  Optional scheme under rule 12 of the Articles of Jewellery (Collection of Duty) Rules, 2016 defining mechanism for determining stock of manufactured / traded goods is not specified under GST
  • 29. What is tax liability on goods received for repair / reconditioning, etc.  Repair / reconditioning will be treated as supply irrespective of whether the same is with consideration / without consideration so far as it relates to furtherance of business  GST will be payable on appropriate value in accordance with valuation principles
  • 30. What are the implications of jewellery made for retail end-users who bring the gold required to make Jewellery in the form of old jewellery of gold?  Process / treatment undertaken will tantamount to job work  Valuation needs to be done in accordance with valuation provisions stated above i.e. the consideration for the job work services  It may be noted that the treatment of exchange is different  Proper documents should be maintained as to receipt of the goods from the retail end-user / sent for processing for final products
  • 31. What are the implications of when old jewellery is exchanged for new jewellery?  GST is payable on valuation arrived at taking into consideration the following: Value of jewellery supplied by customer + Transaction value of the new jewellery  However argument can be held that each of the leg of the exchange is a supply. In such scenarios the valuation for each of the legs will be done seperately.
  • 32. What is Small Scale Exemption in General?  The general exemption is upto Rs.20 lacs / Rs.10 lacs for specified states  Exemption limit is applicable for all units together  Value of clearance of units owned by different persons need not be clubbed for determination of clearance limit despite being under effectively controlled by one person
  • 33. What is Composition Scheme of Levy?  Composition Scheme of Levy is not applicable to: (a)Supply of services; (b) Supply of goods which are not leviable to tax under this Act; (c) Inter-State outward supplies of goods; or (d)Supply of goods through an electronic commerce operator who is required to collect tax at source (e)Manufacturer of notified goods as per the recommendation of the Council:
  • 34. What is the document for supply under GST?  Tax invoice is to be prepared for every supply  Details to be mentioned on Taxinvoice • Name, address and GSTIN of the supplier; • serial number containing only alphabets &/or numerals, unique for a FY; • date of issue; • For Registered recipient • Name, address and GSTIN / Unique ID Number of the recipient • the address of delivery, • For Un-registered recipient • name of State & its code, only where the taxable value of supply is fifty thousand rupees or more; • HSN code of goods or Accounting Code ofservices; • description of goods orservices; • place of delivery where it is different from the place of supply; • whether the tax is payable on reverse charge;
  • 35. What is the document for supply under GST?  Details to be mentioned on Tax invoice • For Revised / supplementary Invoice • the word “Revised Invoice” or “Supplementary Invoice”, to be, indicated prominently, • the date and invoice number of the original invoice; • Signature or digital signature of the supplier or his authorized representative. • Quantity in case of goods and unit or Unique Quantity Code thereof; • Taxable value of goods or services taking into account discount or abatement, if any; • Rate of tax (CGST, SGST or IGST); • Amount of tax charged in respect of taxable goods or services (CGST, SGST or IGST); • Place of supply along with the name of State, in case of a supply in the course of inter- State trade or commerce; • For exports, an endorsement “SUPPLY MEANT FOR EXPORT ON PAYMENT OF IGST” or “SUPPLY MEANT FOR EXPORT UNDER BOND WITHOUT PAYMENT OF IGST”
  • 36. What is the document for movement of goods from workshop to showroom?  If movement is within state and between workshop and showroom under one registration, the goods can be moved on challan  If the movement in inter-state, then goods will move on tax invoice  Similarly if the movement of goods is within state, but between workshop and showroom under different registration, the goods will move on tax invoice