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*Constitution (101stAmendment) Act, 2017
“Goods and services tax” means
any tax on supply of goods, or
services or both except taxes on
the supply of the alcoholic liquor
for human consumption
366(12A)
Definition of GST
*GST shall be levied and collected by the Central Government and
such tax shall be apportioned between the Union and the States in
the manner as may be provided by Parliament by law on the
recommendations of GST Council.
*Supply of goods, or of services, or both in the course of import into
the territory of India shall be deemed to be supply in the course of
inter-State trade or commerce
*Parliament will formulate the principles for determining the place
of supply, and when a supply takes place in the course of inter-
State trade or commerce.
4
Consumer
Manufacturer
RetailerWholesaler
Present Indirect Tax Structure of India
6
Present Tax
Structure
[5 Important
Constituents]
Excise Duty
Entry No. 84, List
I, Schedule VII
Taxable Event is
Manufacture
Service Tax
Residuary Entry
No. 97, List I,
Schedule VII
Taxable Event is
Provision of
Service
Sales Tax /
VAT/ CST
Entry No. 54 of
List II (VAT) and
92A of List I (CST)
Taxable Event is
Sale
Customs Duty
Entry No. 83, List
I, Schedule VII
Taxable Event is
Import & Export
Entry Tax/
Entertainmen
t Tax
Entry No. 52
&62 List II,
Schedule VII
Taxable Event is
Entertainment
& Entry of
Goods
Present Indirect Tax Structure of India
Manufacturer
Retailer
Consumer
Wholesaler
Proposed Indirect Tax Structure
8
Intra State
Taxable
Supply
Excise and
Service Tax
will be known
as CGST
Local VAT &
Other taxes
will be known
as SGST
Inter State
Taxable
Supply
CST will be
replaced by
Integrated
GST (IGST)
Approx. Sum
Total of CGST
and SGST
Import From
Outside
India
Custom Duty
In Place of
CVD and SAD,
IGST will be
charged
Proposed Indirect Tax Structure
By a taxable person
Is in the
taxable territory Is for a consideration
Is in the course
or furtherance
of business.
ALSO INCLUDES….
SUPPLY
SALE
TRANSFER
BARTER
EXCHANGE
LEASE
DISPOSAL
Location of
Supplier
DELHI DELHI
INTRA-STATE SUPPLY
Place of Supply
SGST CGST WORKING
DELHIDELHI
CGST = 90
SGST=90
OUTPUT LIABILITY
CGST=180
SGST=180
ITC AVAILABLE ON
PURCHASE
NET LIABILITY PAID
CGST=180-90=90
SGST=180-90=90
Selling Price 1,000 Selling Price 2,000
CGST @ 9% 90 CGST @ 9% 180
SGST @ 9% 90 SGST @ 9% 180
Total Sale Price 1,180 Total Sale Price 2,360
Total tax paid by A 180 Total tax paid by B (360 -
180)
180
WORKING
INTER-STATE SUPPLY
DELHI HARYANA
Place of Supply
IGST
Location of
Supplier
HARYANA
MAHARASHTRA
ITC AVAILABLE ON
PURHCASE
VAT = 50
OUTPUT LIABILITY
CST= 62
VAT=0
CST=0
NET = 50+62=112
CST
DELHI
Selling Price 1,000 Selling Price 2,050
CST @ 5% 50 CST @ 3% 62
Total Sale Price 1,050 Total Sale Price 2,112
Total Tax paid by A 50 Total Tax paid by B 62
ADJUSTMENT
TAX STRUCTURE UNDER OLD SYSTEM
HARYANADELHI
ITC AVAILABLE
IGST = 180
OUTPUT LIABILITY
IGST=360
NET LIABILITY PAID
IGST=360-180=180
U.P.
IGST
Selling Price 1,000 Selling Price 2,000
IGST @ 18% 180 IGST @ 18% 360
Total Sale Price 1,180 Total Sale Price 2,360
Total tax paid by A 180 Total tax paid by B (360 - 180) 180
U.P. HARYANA HARYANA
IGST
Total tax paid by A 180
ITC AVAILABLE ON
PURCHASE
IGST=180
OUTPUT LIABILITY
CGST=180
SGST=180
ADJUSTMENT
CGST=180-180=0
SGST=180
NET LIABILITY
PAID=180
Selling Price 1,000 Selling Price 2,000
IGST @ 18% 180 CGST @ 9% 180
SGST @ 9% 180
Total Sale Price 1,180 Total Sale Price 2,360
CGST 1.CGST
SGST
IGST
2.IGST
2.IGST1.SGST
2.CGST1.IGST 3.SGST
CGST SGST
CGSTSGST
Supplier
Third Person=Actual buyer
Recipient
*
Place of supply
=
Principal place
of business of
3rd person
Bill to Ship to Model under GST
TAMIL NADU
Prime H ardwares
SCENARIO 1
Particulars Supplier Third Party Recipient Place of Supply Type of
Transactions
State Maharashtra Maharashtra Karnataka Maharashtra Intra-state
Party Name Ganesh
Traders
Maruthi Traders Prime Hardwares
PARTICULARS PARTICULARS
Supplier (Maharashtra) Ganesh Traders
Recipient (Karnataka) Prime Hardwares
Third Person(Maharashtra) Maruthi Traders
Place of Supply Maharashtra
Ganesh to Maruthi CGST+SGST
Maruthi to Prime IGST
SCENARIO 2
Particulars Supplier Third Party Recipient Place of
Supply
Type of
Transaction
State Maharashtra Karnataka Karnataka Karnataka Interstate
Party Name Ganesh Traders Maruthi Traders Prime Hardwares
PARTICULARS PARTICULARS
Supplier (Maharashtra) Ganesh Traders
Recipient (Karnataka) Prime Hardwares
Third Person (Karnataka) Maruthi Traders
Place of Supply Karnataka
Ganesh to Maruthi IGST
Maruthi to Prime CGST+SGST
Particulars Supplier's
factory from
where goods
are removed
Termination
of
movement
for delivery
Place
of
supply
Tax Payable
Movement of
goods by the
supplier (goods
dispatched by
supplier)
[Section 10(1)(a)
read with
2(96)(a) of CGST
Act]
Orissa Assam Assam IGST payable
at Orissa
Orissa Orissa Orissa CGST / SGST
payable at
Orissa
Movement of
goods by the
recipient (goods
collected by
recipient)
[Section 10(1)(a)
read with
2(96)(b) of CGST
Act]
Kerala Goa Goa IGST payable
at Kerala
Kerala Kerala Kerala CGST / SGST
payable at
Kerala
27
Registration under Goods
And Services Tax
*
28
 Three Acts applicable on every Person under GST – Central GST Act, (State) GST
Act or (Union Territory) GST Act, Integrated GST Act.
 Registrations required by every person
Simultaneous registration under CGST, SGST/ UTGST and IGST
 Separate registration required for each State
 Total possible registrations for one PAN
 Possible separate registrations for each business vertical within a State as
defined u/s 2(18)
Single GSTIN
Registration
under SGST
Registration
under CGST
Registration
under IGST
States
+ UTs29+2
Busines
s
Vertical
s
N
TOTAL TURNOVER > 20 LAKHS
For Special Category States the limit is 10 LAKHS
Arunachal
Pradesh
Assam
Manipur
Meghalaya
Mizoram
Nagaland
Tripura
Himachal Pradesh
Uttarakhand
Jammu & Kashmir
Sikkim
TAXABLE
SUPPLIES
EXPORTS OF
GOODS/SERVICES
INTER STATE
SUPPLIES
EXEMPT
SUPPLIES
YESNO
1.Restriction to collect tax.
2. ITC and CENVAT lapse.
1.Authorised to collect tax
and pass on the credit.
2.Claim ITC and utilise the
same against payment
of taxes.
6 Excise Registrations
4 VAT Registrations
4 GST
1 Service Tax Registration
• A Manufacturer has 6 factories in Maharashtra and sale offices
in 4 states (including Maharashtra). It also has centralized
service tax registration at Maharashtra.
Registrations
(1 for each state)
• Person making any inter state taxable supply
• Casual taxable person
• Person who are required to pay tax under reverse charge
• Person who supply goods or services through e-commerce operator
• Every electronic commerce operator
• Input service distributor
• Conditions for availing Composition Levy.
• Composition Scheme is Optional.
• Minimum prescribed rate of tax under Composition scheme
(% of turnover in a state during the year)
Turnover in the
preceding
financial year<
75 LAKHS
PAN Linked
No Tax
Collection
No Input Tax
Credit
Only Intra
State Sales
Turnover in the preceding financial year< 50 LAKHS
 Arunachal Pradesh
 Assam
 Manipur
 Meghalaya
 Mizoram
 Nagaland
 Tripura
 Himachal Pradesh
 Sikkim
Manufacturer of
Ice cream Pan Masala Tobacco
*
RestaurantTrader
CGST 0.5%
SGST 0.5%
TOTAL 1%
CGST 1%
SGST 1%
TOTAL 2%
CGST 2.5%
SGST 2.5%
TOTAL 5%
*
2. shall be entitled take credit of input in respect of heltl stock"'
inputs contained in semi,..finished or finished goods heltl in stock aoooo capital goods
the my
1.100ersection
mediately preceding tlate from whi<:h he becomes liable pay tax
3 Prwitled the credit oo capital goods shall be redoced by soch percentage points
as may be prescribetl
“Reverse charge” means the liability to pay tax by
the recipient of supply of goods or services or both
instead of the supplier.
RECIEPIENTPROVIDER
PAY
TAX
• Reverse charge may be applicable in case of
1. Supply of notified goods or services or both.
(12 services covered)
2. In case of supply by an UNREGISTERED person to
a REGISTERED person, where such supply is of
taxable goods or services
like RENT
Unregistered Registered
Supply
What about Tax paid under reverse
charge…?
Tax paid under Reverse Charge
Available
as
ITC
to the Registered recipient person
ITC Payment of this tax
Can be paid through E-Cash Ledger only
Cannot be used
PAY TAX in reverse charge.
But ITC of such tax paid will not be available.
Registered Dealer Unregistered dealer
Purchased goods
Issue Invoice
Issue Payment Voucher
However the registered
Dealer Can issue a single
invoice for the purchases
at the end of the
month
Making intra state purchases from
Registered Dealer
Not liable to pay tax under RCM
Unregistered dealer
What if purchases
Is of amount Rs. 6000??
Liability will arise on total 6000
Exact clarification is yet to be made
If a registered dealer takes renting services from an
unregistered dealer the he will have to pay tax
RENT PAID under RCM .
However he can avail the benefit later.
A M K S & C o .
1 s t F ll o o r . 'V i k r a m 111 . P llo1: N o . 115 5
S e c 1:o r - 1 / A . O f ' f T a g o r e R o a d . 'G a n d h ii d h a m . G u j a 1r a 1 : . I n d i a , P i n - 3 7 0 2 0 1 .
G S T IN : 2 4 A B C P P 2 3 4 Z 1 Z X
C : < > n l r i b u 1 - ed b y A I V I K : S & C : < > . I C h a r t e r e d A c::c::o u n t a n t s
G a n d hlc llh a m I A h m e < d a b a c : : I I V a •c l <>c l a r a I A n j a r
<>b i l e : + 9 1 - 9 0 9 9 3 - 7 7 7 3
E - I V l a U : G S T @>A J V I K S.C : 111
IIC>rlg nall lf"or Recelpten:t:
INVOICE I I Dupl icate for Supp 1ler/Tra..n.sp..o...-t.er
IITrlo!llcate ror :su--11er
Rev.erse +e....;,narge : No
Ir-..V'l:Jlj cie No. AMllKS/ ..7-..B/0000..
In-voice Dat:e 01-.July-2017
Stat:e : Gujarat: I Stat:e Code :I 2 4 I
Tra.-.sport.atiiCW""ll IVCl >de :
V<ehii<: le Nu1-..-1be1- :
Dat•e o·f" Su;pplly :
Place of Supply . 1Gujarat-
DE:!-t:ails of" Rec:eil ver I Billed to: De·t:ais of" C.ons gnee I Shipped t:C> :
Name : .ABCD IEnt:erpris..es Pi1vat:e Limited
Address : Addiress of t:he Customer
•GSTIN : 24ABCCA..23.4Z..ZX
Sta1t:e : Guja rat I Stat:e Code :I 2 4 I
Name
' IPORS Address
' Gandiidham
GSTIN
' 24A.AAPPOOOOZ1ZX
Sta1te
' Gujarat I Sta1te Code :I 2 4 I
Sr.
No_
Name of Product / .Servioe- HSN
ACS
UOM Oty Ra•e .A nt Less:
Disc:oun-t
Taxable
Va1 ue
CGST SGST I GST Total
Rate Amo11.....1nt: Rate Arn.ot.....1nt Ra•e Amou::nt
•
2
3
4
s
6
7
a
..
,0
,--,
,2
,3
,_.
,5
Co.nsult_ancy 11'1 111'11
...
'1.S0.000 'I.so.1000 - "50.000 9•.CfO"!llf. '13.500 9.·00'!llll. ,3r SOQ Q_ 0()'5
- ... ,77,,<XX>
Tot.al .:
..
,,.SO,•C>C>O . 'I .so..C>C>C>
"'13.S·OC> ,3,.!500 - "'1 ,77..<XX>
Tolltal l nvoic:e Amount" in1 VVord..s:
Rupees One lakh S·ev·en1ty Seven Thou1sa1nc:I Onlly
TotalAmount: Before Tax :
,.so.ooo
Add :CGST : 13.SOO
Add :SGST : 13.SOO
Add :IGST :
-
Tax Amount
' GST :
27 000
. : Bank Det:aill s :
Bank.A.c:ciount Nun'llberi : l[[[.ACCO<in't Number]]]
.Bank Bra.-.c:1h IFSC : l[[[ FSCCC>DE]])
lCo.rnnM:ln Se-a " TotalAmount: Aif"ter- Ta->< : ,.77 000
GST Payab e on !Reverse Charge : N .A.
.. Terli'Tils and C<:>nditi1 ons .• Cea-tined tihat the part cu a.rs given above a..-e tt:.r--...e alild c:or'"'r·ect .
For. AMIKS & Co.
Autho.- rsec:I .Sianator-v
Subject to rule 7, a tax invoice referred to in section 31 shall be issued by the
registered person containing the following particulars:-
(a) name, address and GSTIN of the supplier;
(b) a consecutive serial number not exceeding sixteen characters, in one or multiple
series, containing alphabets or numerals or special characters hyphen or dash
and slash symbolised as “-” and “/” respectively, and any combination thereof,
unique for a financial year;
(c) date of its issue;
(d) name, address and GSTIN or UIN, if registered, of the recipient;
(e) name and address of the recipient and the address of delivery, along with the
name of State and its code, if such recipient is un-registered and where the value
of taxable supply is fifty thousand rupees or more;
(f) HSN code of goods or Accounting Code of services;
(g) description of goods or services;
(h) quantity in case of goods and unit or Unique Quantity Code thereof;
(i) total value of supply of goods or services or both;
(j)taxable value of supply of goods or services or both taking into account discount or
abatement, if any;
(k) rate of tax (central tax, State tax, integrated tax, Union territory tax or cess);
(l) amount of tax charged in respect of taxable goods or services (central tax, State
tax, integrated tax, Union territory tax or cess);
(m) place of supply along with the name of State, in case of a supply in the course
of inter-State trade or commerce;
(n) address of delivery where the same is different from the place of supply;
(o) whether the tax is payable on reverse charge basis; and
(p) signature or digital signature of the supplier or his authorized representative
UPTO 1.5 CRORE
FROM 1.5 CRORE to
5 CRORE
MORE THAN 5 CRORE
HSN CODE not required
2 digit HSN CODE required
4 digit HSN CODE required
ORIGINAL
INVOICE
DUPLICATE
INVOICE
TRIPLICATE
INVOICE
BUYER TRANSPORTER SUPPLIER
*
UTGST IGST SGSTCGST
INCLUDES
TAX PAID ON
REVERSE
CHARGE
DOES NOT INCLUDES
DOES NOT
INCLUDE TAX PAID
ON COMPOSITION
LEVY
Registered PersonUnregistered Person
Credit admissible will be credited to the ELECTRONIC CREDIT LEDGER
He is in possession of a tax invoice issued by a registered
supplier and other prescribed document.
He has received the goods or services or both.
Subject to the provisions of Section 41 (provisional
acceptance), the tax charged in respect of such supply has
been actually paid to the Government.
He has furnished the return under sectio
consolidated return).
n 39 (monthly
In case goods have been received in lots or installments, the credit shall
be admissible on the receipt of last lot or installment.
Further, the payment for input service shall be made within 180 days
from the date of invoice, failing which input credit claimed earlier shall
be added to the output tax liability along with Interest.
No credit shall be allowed for the tax paid in case the same has been
claimed as depreciation under section 32 of Income Tax Act, 1961.
No ITC shall be allowed in respect of an invoice issued after the
furnishing of annual return or return under section 39 for the month of
September following the end of financial year whichever is earlier.
Credit cannot be availed after the expiry of one year from the date of
issue of invoice e.g. Last day to avail input credit for F.Y. 2017-18 would
be 20th October,2018.
Input tax credit shall not be available in the following cases: -
 Motor vehicles used otherwise than for:-
– Transportation of passengers, or
– Transportation of goods, or
– Imparting training on motor driving skills
– Further supply of such vehicles
 Following Goods/Services :-
– Membership of a club, health or fitness center
– Travel benefits extended to employees
 Following Goods/Services unless used for further supply of same category:-
– Services In Relation To Food & Beverages.
– Outdoor Catering
– Beauty Treatment, Health Services, Cosmetic or Plastic Surgery etc.
– Life/Health Insurance [Also if obligatory]
– Rent-a-cab [Also if obligatory]
 Works contract services
– Resulting in construction of immovable property,
– other than plant & machinery
– Except when used for further supply of same
 Goods/services received
– For construction of immovable property, other than
– plant & machinery
– On his own account
– Even if used for business
 Goods/services on which tax paid u/s 10
 Goods/services by a non-resident taxable person except imports
 Used for personal consumption
 Lost, stolen, destroyed, written off, disposed off by gift or free samples
 Tax paid in case of fraud, seized goods.
A registered person, other than a composition dealer,
shall be entitled to take
in his Electronic Credit
Ledger, carried forward
in the return,
(both VAT and EXCISE)
Provided that the registered person shall not be allowed to take
credit in the following circumstances.
Where the said amount of credit is not admissible as
input tax credit under this Act
Where he has not furnished all the returns required
under the existing law for the period of 6 months
immediately preceding 30th June 2017.
Where the said amount of credit relates to goods
manufactured and cleared under such exemption
notifications as are notified by the government
Credit of UNAVAILED
CENVAT CREDIT in
respect of Capital goods,
not carried forward in the
Return, upto 30th June 2017
PROVIDED
the said credit is admissible
EXISTING LAW GST ACT
registered person
Allowed to take
Aggregate amount of CENVAT Credit to which the
person was entitled in respect of the said capital
goods under the existing law
CENVAT CREDIT already availed in
respect of the said capital goods by the
taxable person under the existing law.
A registered
person, not liable
to be registered
under existing law
Manufacturer of
exempted goods or
provision of
exempted services
Providing works
contract service
First Stage dealer or
a Second Stage
dealer
Registered importer
or depot of a
manufacturer.
Shall be entitled to take in his electronic credit ledger
For the inputs held in stock and inputs contained in
semi-finished and finished goods on 30th June 2017
Subject to the following conditions:
•such inputs or goods are used or intended to be used for making
taxable supplies under this act.
• the said registered person is eligible for ITC on such inputs under this act
•the said registered person is in possession of invoice or other prescribed
documents evidencing payment of duty under existing law.
• such invoices were issued not earlier than 12 months immediately
preceding the appointed day
• the supplier of services is not eligible for any abatement under this act.
MANUFACTURER
PROVIDER OF SERVICES
Not in possession of any invoice evidencing payment
of duty in respect of such inputs,
Such registered person shall be eligible to take credit
at such rate and manner as may be prescribed.
RATE OF GOODS
UNDER GST
Or more
ITC TO BE AVAILED
Less than
where integrated tax is paid on such goods, the amount of credit shall be
allowed at the rate of thirty per cent. and twenty per cent. respectively of
the said tax
Such credit of central tax shall be availed subject to satisfying the following conditions,
namely,-
(i) such goods were not unconditionally exempt from the whole of the duty of excise
specified in the First Schedule to the Central Excise Tariff Act, 1985 or were not nil
rated in the said Schedule.
the document for procurement of such goods is available with the registered
person.
the registered person availing of this scheme and having furnished the details of
stock held by him in accordance with the provisions of clause (b) of sub-rule (2) of
rule 1, submits a statement in FORM GST TRAN 2 at the end of each of the six tax
periods during which the scheme is in operation indicating therein the details of
supplies of such goods effected during the tax period.
the amount of credit allowed shall be credited to the electronic credit ledger of
the applicant maintained in FORM GST PMT-2 on the Common Portal.
(v) the stock of goods on which the credit is availed is so stored that it can be easily
identified by the registered person.
(ii)
(iii)
(iv)
Scheme Available for tax periods
entitled to take input
credit under section 140
registered person
FROM GST TRAN 1
within
FROM GST PMT 2
Such credit will be credited to
Electronic Credit Ledger
maintained in
' '1.. ' ' " "')  ;1
  q 1 . . L' ".". '.>
1-"":>  ) ".".' 1".I> ..... "..<:l. ""
Return Form What to file? By Whom? By When?
GSTR-1 Details of outward supplies of
taxable goods and/or services
effected
Registered Taxable Supplier 10th of the next month
GSTR-2 Details of inward supplies of taxable
goods and/or services effected
claiming input tax credit.
Registered Taxable Recipient 15th of the next month
GSTR-3 Monthly return on the basis of
finalization of details of outward
supplies and inward supplies along
with the payment of amount of tax.
Registered Taxable Person 20th of the next month
GSTR-4 Quarterly return for compounding
taxable person.
Composition Supplier 18th of the month succeeding
quarter
GSTR-5 Return for Non-Resident foreign
taxable person
Non-Resident Taxable Person 20th of the next month
GSTR-6 Return for Input Service Distributor Input Service Distributor 13th of the next month
GSTR-7 Return for authorities deducting tax
at source.
Tax Deductor 10th of the next month
GSTR-8 Details of supplies effected through
e-commerce operator and the
amount of tax collected
E-commerce Operator/Tax Collector 10th of the next month
GSTR-9 Annual Return Registered Taxable Person 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 cancellation
order, whichever is later.
GSTR-11 Details of inward supplies to be Person having UIN and claiming 28th of the month following the
GSTR 1
Details of Sales
10th of next month
GSTR 2 Details of Purchase
15th of next month
GSTR 3
Monthly Return
20th of next month
GSTR 4
GSTR 6
GSTR 9
Quarterly return for
composition dealers only
18th of next following quarter
Input Service Distributor
13th of the next month
Annual Return
31st december of next year
Filing of late return- PENALTY of Rs. 100 per day (Maximum Rs. 5000)
GSTR 1 GSTR 3GSTR 2
10th of next month
Details of outward supply
of taxable goods or services
20th of next month
Monthly Return
GSTR
2A
GSTR
1A
15th of next month
Details of inward supply
of taxable goods or services
11th of next month
Details of supplies auto drafted
from GSTR-1 or GSTR-5 to
recipient
17th of next month
Details of auto drafted supplies
of goods or services
Reach out to us
Group Presence
CA. Harsh Patel
Founder & Director
INDIA
A203, Lancelot,
SV Road Borivali
West, Mumbai 92
Tel: +91 650 99
111
Web: www.waterandshark.com
Board Line: +91 401 12 111
M: +91 9867119366
E: hpatel.waterandshark@gmail.com
Unit 22 Kartik Complex
Opp Laxmi Industrial Estate
New Link Road, Andheri West,
Mumbai 4000253
Tel: +91 623 68 500
Web: www.way2paisa.com
UNITED STATES
California
Tel: +1 914 208 8000
Web: www.waterandshark.com

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GST PRESENTATION

  • 1.
  • 2.
  • 3. *Constitution (101stAmendment) Act, 2017 “Goods and services tax” means any tax on supply of goods, or services or both except taxes on the supply of the alcoholic liquor for human consumption 366(12A) Definition of GST
  • 4. *GST shall be levied and collected by the Central Government and such tax shall be apportioned between the Union and the States in the manner as may be provided by Parliament by law on the recommendations of GST Council. *Supply of goods, or of services, or both in the course of import into the territory of India shall be deemed to be supply in the course of inter-State trade or commerce *Parliament will formulate the principles for determining the place of supply, and when a supply takes place in the course of inter- State trade or commerce. 4
  • 6. 6 Present Tax Structure [5 Important Constituents] Excise Duty Entry No. 84, List I, Schedule VII Taxable Event is Manufacture Service Tax Residuary Entry No. 97, List I, Schedule VII Taxable Event is Provision of Service Sales Tax / VAT/ CST Entry No. 54 of List II (VAT) and 92A of List I (CST) Taxable Event is Sale Customs Duty Entry No. 83, List I, Schedule VII Taxable Event is Import & Export Entry Tax/ Entertainmen t Tax Entry No. 52 &62 List II, Schedule VII Taxable Event is Entertainment & Entry of Goods Present Indirect Tax Structure of India
  • 8. 8 Intra State Taxable Supply Excise and Service Tax will be known as CGST Local VAT & Other taxes will be known as SGST Inter State Taxable Supply CST will be replaced by Integrated GST (IGST) Approx. Sum Total of CGST and SGST Import From Outside India Custom Duty In Place of CVD and SAD, IGST will be charged Proposed Indirect Tax Structure
  • 9. By a taxable person Is in the taxable territory Is for a consideration Is in the course or furtherance of business. ALSO INCLUDES…. SUPPLY
  • 11. Location of Supplier DELHI DELHI INTRA-STATE SUPPLY Place of Supply SGST CGST WORKING
  • 12. DELHIDELHI CGST = 90 SGST=90 OUTPUT LIABILITY CGST=180 SGST=180 ITC AVAILABLE ON PURCHASE NET LIABILITY PAID CGST=180-90=90 SGST=180-90=90 Selling Price 1,000 Selling Price 2,000 CGST @ 9% 90 CGST @ 9% 180 SGST @ 9% 90 SGST @ 9% 180 Total Sale Price 1,180 Total Sale Price 2,360 Total tax paid by A 180 Total tax paid by B (360 - 180) 180
  • 13. WORKING INTER-STATE SUPPLY DELHI HARYANA Place of Supply IGST Location of Supplier
  • 14. HARYANA MAHARASHTRA ITC AVAILABLE ON PURHCASE VAT = 50 OUTPUT LIABILITY CST= 62 VAT=0 CST=0 NET = 50+62=112 CST DELHI Selling Price 1,000 Selling Price 2,050 CST @ 5% 50 CST @ 3% 62 Total Sale Price 1,050 Total Sale Price 2,112 Total Tax paid by A 50 Total Tax paid by B 62 ADJUSTMENT TAX STRUCTURE UNDER OLD SYSTEM
  • 15. HARYANADELHI ITC AVAILABLE IGST = 180 OUTPUT LIABILITY IGST=360 NET LIABILITY PAID IGST=360-180=180 U.P. IGST Selling Price 1,000 Selling Price 2,000 IGST @ 18% 180 IGST @ 18% 360 Total Sale Price 1,180 Total Sale Price 2,360 Total tax paid by A 180 Total tax paid by B (360 - 180) 180
  • 16. U.P. HARYANA HARYANA IGST Total tax paid by A 180 ITC AVAILABLE ON PURCHASE IGST=180 OUTPUT LIABILITY CGST=180 SGST=180 ADJUSTMENT CGST=180-180=0 SGST=180 NET LIABILITY PAID=180 Selling Price 1,000 Selling Price 2,000 IGST @ 18% 180 CGST @ 9% 180 SGST @ 9% 180 Total Sale Price 1,180 Total Sale Price 2,360
  • 19.
  • 20. Supplier Third Person=Actual buyer Recipient * Place of supply = Principal place of business of 3rd person
  • 21. Bill to Ship to Model under GST TAMIL NADU Prime H ardwares
  • 22. SCENARIO 1 Particulars Supplier Third Party Recipient Place of Supply Type of Transactions State Maharashtra Maharashtra Karnataka Maharashtra Intra-state Party Name Ganesh Traders Maruthi Traders Prime Hardwares
  • 23. PARTICULARS PARTICULARS Supplier (Maharashtra) Ganesh Traders Recipient (Karnataka) Prime Hardwares Third Person(Maharashtra) Maruthi Traders Place of Supply Maharashtra Ganesh to Maruthi CGST+SGST Maruthi to Prime IGST
  • 24. SCENARIO 2 Particulars Supplier Third Party Recipient Place of Supply Type of Transaction State Maharashtra Karnataka Karnataka Karnataka Interstate Party Name Ganesh Traders Maruthi Traders Prime Hardwares
  • 25. PARTICULARS PARTICULARS Supplier (Maharashtra) Ganesh Traders Recipient (Karnataka) Prime Hardwares Third Person (Karnataka) Maruthi Traders Place of Supply Karnataka Ganesh to Maruthi IGST Maruthi to Prime CGST+SGST
  • 26. Particulars Supplier's factory from where goods are removed Termination of movement for delivery Place of supply Tax Payable Movement of goods by the supplier (goods dispatched by supplier) [Section 10(1)(a) read with 2(96)(a) of CGST Act] Orissa Assam Assam IGST payable at Orissa Orissa Orissa Orissa CGST / SGST payable at Orissa Movement of goods by the recipient (goods collected by recipient) [Section 10(1)(a) read with 2(96)(b) of CGST Act] Kerala Goa Goa IGST payable at Kerala Kerala Kerala Kerala CGST / SGST payable at Kerala
  • 28. * 28  Three Acts applicable on every Person under GST – Central GST Act, (State) GST Act or (Union Territory) GST Act, Integrated GST Act.  Registrations required by every person Simultaneous registration under CGST, SGST/ UTGST and IGST  Separate registration required for each State  Total possible registrations for one PAN  Possible separate registrations for each business vertical within a State as defined u/s 2(18) Single GSTIN Registration under SGST Registration under CGST Registration under IGST States + UTs29+2 Busines s Vertical s N
  • 29. TOTAL TURNOVER > 20 LAKHS For Special Category States the limit is 10 LAKHS Arunachal Pradesh Assam Manipur Meghalaya Mizoram Nagaland Tripura Himachal Pradesh Uttarakhand Jammu & Kashmir Sikkim
  • 31. YESNO 1.Restriction to collect tax. 2. ITC and CENVAT lapse. 1.Authorised to collect tax and pass on the credit. 2.Claim ITC and utilise the same against payment of taxes.
  • 32. 6 Excise Registrations 4 VAT Registrations 4 GST 1 Service Tax Registration • A Manufacturer has 6 factories in Maharashtra and sale offices in 4 states (including Maharashtra). It also has centralized service tax registration at Maharashtra. Registrations (1 for each state)
  • 33. • Person making any inter state taxable supply • Casual taxable person • Person who are required to pay tax under reverse charge • Person who supply goods or services through e-commerce operator • Every electronic commerce operator • Input service distributor
  • 34. • Conditions for availing Composition Levy. • Composition Scheme is Optional. • Minimum prescribed rate of tax under Composition scheme (% of turnover in a state during the year)
  • 35. Turnover in the preceding financial year< 75 LAKHS PAN Linked No Tax Collection No Input Tax Credit Only Intra State Sales
  • 36. Turnover in the preceding financial year< 50 LAKHS  Arunachal Pradesh  Assam  Manipur  Meghalaya  Mizoram  Nagaland  Tripura  Himachal Pradesh  Sikkim
  • 37. Manufacturer of Ice cream Pan Masala Tobacco
  • 38. * RestaurantTrader CGST 0.5% SGST 0.5% TOTAL 1% CGST 1% SGST 1% TOTAL 2% CGST 2.5% SGST 2.5% TOTAL 5%
  • 39. * 2. shall be entitled take credit of input in respect of heltl stock"' inputs contained in semi,..finished or finished goods heltl in stock aoooo capital goods the my 1.100ersection mediately preceding tlate from whi<:h he becomes liable pay tax 3 Prwitled the credit oo capital goods shall be redoced by soch percentage points as may be prescribetl
  • 40.
  • 41. “Reverse charge” means the liability to pay tax by the recipient of supply of goods or services or both instead of the supplier. RECIEPIENTPROVIDER PAY TAX
  • 42. • Reverse charge may be applicable in case of 1. Supply of notified goods or services or both. (12 services covered) 2. In case of supply by an UNREGISTERED person to a REGISTERED person, where such supply is of taxable goods or services like RENT Unregistered Registered Supply
  • 43. What about Tax paid under reverse charge…? Tax paid under Reverse Charge Available as ITC to the Registered recipient person
  • 44. ITC Payment of this tax Can be paid through E-Cash Ledger only Cannot be used
  • 45. PAY TAX in reverse charge. But ITC of such tax paid will not be available.
  • 46. Registered Dealer Unregistered dealer Purchased goods Issue Invoice Issue Payment Voucher
  • 47. However the registered Dealer Can issue a single invoice for the purchases at the end of the month
  • 48. Making intra state purchases from Registered Dealer Not liable to pay tax under RCM Unregistered dealer
  • 49. What if purchases Is of amount Rs. 6000?? Liability will arise on total 6000 Exact clarification is yet to be made
  • 50. If a registered dealer takes renting services from an unregistered dealer the he will have to pay tax RENT PAID under RCM . However he can avail the benefit later.
  • 51.
  • 52. A M K S & C o . 1 s t F ll o o r . 'V i k r a m 111 . P llo1: N o . 115 5 S e c 1:o r - 1 / A . O f ' f T a g o r e R o a d . 'G a n d h ii d h a m . G u j a 1r a 1 : . I n d i a , P i n - 3 7 0 2 0 1 . G S T IN : 2 4 A B C P P 2 3 4 Z 1 Z X C : < > n l r i b u 1 - ed b y A I V I K : S & C : < > . I C h a r t e r e d A c::c::o u n t a n t s G a n d hlc llh a m I A h m e < d a b a c : : I I V a •c l <>c l a r a I A n j a r <>b i l e : + 9 1 - 9 0 9 9 3 - 7 7 7 3 E - I V l a U : G S T @>A J V I K S.C : 111 IIC>rlg nall lf"or Recelpten:t: INVOICE I I Dupl icate for Supp 1ler/Tra..n.sp..o...-t.er IITrlo!llcate ror :su--11er Rev.erse +e....;,narge : No Ir-..V'l:Jlj cie No. AMllKS/ ..7-..B/0000.. In-voice Dat:e 01-.July-2017 Stat:e : Gujarat: I Stat:e Code :I 2 4 I Tra.-.sport.atiiCW""ll IVCl >de : V<ehii<: le Nu1-..-1be1- : Dat•e o·f" Su;pplly : Place of Supply . 1Gujarat- DE:!-t:ails of" Rec:eil ver I Billed to: De·t:ais of" C.ons gnee I Shipped t:C> : Name : .ABCD IEnt:erpris..es Pi1vat:e Limited Address : Addiress of t:he Customer •GSTIN : 24ABCCA..23.4Z..ZX Sta1t:e : Guja rat I Stat:e Code :I 2 4 I Name ' IPORS Address ' Gandiidham GSTIN ' 24A.AAPPOOOOZ1ZX Sta1te ' Gujarat I Sta1te Code :I 2 4 I Sr. No_ Name of Product / .Servioe- HSN ACS UOM Oty Ra•e .A nt Less: Disc:oun-t Taxable Va1 ue CGST SGST I GST Total Rate Amo11.....1nt: Rate Arn.ot.....1nt Ra•e Amou::nt • 2 3 4 s 6 7 a .. ,0 ,--, ,2 ,3 ,_. ,5 Co.nsult_ancy 11'1 111'11 ... '1.S0.000 'I.so.1000 - "50.000 9•.CfO"!llf. '13.500 9.·00'!llll. ,3r SOQ Q_ 0()'5 - ... ,77,,<XX> Tot.al .: .. ,,.SO,•C>C>O . 'I .so..C>C>C> "'13.S·OC> ,3,.!500 - "'1 ,77..<XX> Tolltal l nvoic:e Amount" in1 VVord..s: Rupees One lakh S·ev·en1ty Seven Thou1sa1nc:I Onlly TotalAmount: Before Tax : ,.so.ooo Add :CGST : 13.SOO Add :SGST : 13.SOO Add :IGST : - Tax Amount ' GST : 27 000 . : Bank Det:aill s : Bank.A.c:ciount Nun'llberi : l[[[.ACCO<in't Number]]] .Bank Bra.-.c:1h IFSC : l[[[ FSCCC>DE]]) lCo.rnnM:ln Se-a " TotalAmount: Aif"ter- Ta->< : ,.77 000 GST Payab e on !Reverse Charge : N .A. .. Terli'Tils and C<:>nditi1 ons .• Cea-tined tihat the part cu a.rs given above a..-e tt:.r--...e alild c:or'"'r·ect . For. AMIKS & Co. Autho.- rsec:I .Sianator-v
  • 53. Subject to rule 7, a tax invoice referred to in section 31 shall be issued by the registered person containing the following particulars:- (a) name, address and GSTIN of the supplier; (b) a consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters hyphen or dash and slash symbolised as “-” and “/” respectively, and any combination thereof, unique for a financial year; (c) date of its issue; (d) name, address and GSTIN or UIN, if registered, of the recipient; (e) name and address of the recipient and the address of delivery, along with the name of State and its code, if such recipient is un-registered and where the value of taxable supply is fifty thousand rupees or more; (f) HSN code of goods or Accounting Code of services;
  • 54. (g) description of goods or services; (h) quantity in case of goods and unit or Unique Quantity Code thereof; (i) total value of supply of goods or services or both; (j)taxable value of supply of goods or services or both taking into account discount or abatement, if any; (k) rate of tax (central tax, State tax, integrated tax, Union territory tax or cess);
  • 55. (l) amount of tax charged in respect of taxable goods or services (central tax, State tax, integrated tax, Union territory tax or cess); (m) place of supply along with the name of State, in case of a supply in the course of inter-State trade or commerce; (n) address of delivery where the same is different from the place of supply; (o) whether the tax is payable on reverse charge basis; and (p) signature or digital signature of the supplier or his authorized representative
  • 56. UPTO 1.5 CRORE FROM 1.5 CRORE to 5 CRORE MORE THAN 5 CRORE HSN CODE not required 2 digit HSN CODE required 4 digit HSN CODE required
  • 58.
  • 59. * UTGST IGST SGSTCGST INCLUDES TAX PAID ON REVERSE CHARGE DOES NOT INCLUDES DOES NOT INCLUDE TAX PAID ON COMPOSITION LEVY
  • 60. Registered PersonUnregistered Person Credit admissible will be credited to the ELECTRONIC CREDIT LEDGER
  • 61. He is in possession of a tax invoice issued by a registered supplier and other prescribed document. He has received the goods or services or both. Subject to the provisions of Section 41 (provisional acceptance), the tax charged in respect of such supply has been actually paid to the Government. He has furnished the return under sectio consolidated return). n 39 (monthly
  • 62. In case goods have been received in lots or installments, the credit shall be admissible on the receipt of last lot or installment. Further, the payment for input service shall be made within 180 days from the date of invoice, failing which input credit claimed earlier shall be added to the output tax liability along with Interest. No credit shall be allowed for the tax paid in case the same has been claimed as depreciation under section 32 of Income Tax Act, 1961. No ITC shall be allowed in respect of an invoice issued after the furnishing of annual return or return under section 39 for the month of September following the end of financial year whichever is earlier. Credit cannot be availed after the expiry of one year from the date of issue of invoice e.g. Last day to avail input credit for F.Y. 2017-18 would be 20th October,2018.
  • 63. Input tax credit shall not be available in the following cases: -  Motor vehicles used otherwise than for:- – Transportation of passengers, or – Transportation of goods, or – Imparting training on motor driving skills – Further supply of such vehicles  Following Goods/Services :- – Membership of a club, health or fitness center – Travel benefits extended to employees  Following Goods/Services unless used for further supply of same category:- – Services In Relation To Food & Beverages. – Outdoor Catering – Beauty Treatment, Health Services, Cosmetic or Plastic Surgery etc. – Life/Health Insurance [Also if obligatory] – Rent-a-cab [Also if obligatory]
  • 64.  Works contract services – Resulting in construction of immovable property, – other than plant & machinery – Except when used for further supply of same  Goods/services received – For construction of immovable property, other than – plant & machinery – On his own account – Even if used for business  Goods/services on which tax paid u/s 10  Goods/services by a non-resident taxable person except imports  Used for personal consumption  Lost, stolen, destroyed, written off, disposed off by gift or free samples  Tax paid in case of fraud, seized goods.
  • 65.
  • 66. A registered person, other than a composition dealer, shall be entitled to take in his Electronic Credit Ledger, carried forward in the return, (both VAT and EXCISE) Provided that the registered person shall not be allowed to take credit in the following circumstances.
  • 67. Where the said amount of credit is not admissible as input tax credit under this Act Where he has not furnished all the returns required under the existing law for the period of 6 months immediately preceding 30th June 2017. Where the said amount of credit relates to goods manufactured and cleared under such exemption notifications as are notified by the government
  • 68. Credit of UNAVAILED CENVAT CREDIT in respect of Capital goods, not carried forward in the Return, upto 30th June 2017 PROVIDED the said credit is admissible EXISTING LAW GST ACT registered person Allowed to take
  • 69. Aggregate amount of CENVAT Credit to which the person was entitled in respect of the said capital goods under the existing law CENVAT CREDIT already availed in respect of the said capital goods by the taxable person under the existing law.
  • 70. A registered person, not liable to be registered under existing law Manufacturer of exempted goods or provision of exempted services Providing works contract service First Stage dealer or a Second Stage dealer Registered importer or depot of a manufacturer. Shall be entitled to take in his electronic credit ledger
  • 71. For the inputs held in stock and inputs contained in semi-finished and finished goods on 30th June 2017 Subject to the following conditions: •such inputs or goods are used or intended to be used for making taxable supplies under this act. • the said registered person is eligible for ITC on such inputs under this act •the said registered person is in possession of invoice or other prescribed documents evidencing payment of duty under existing law. • such invoices were issued not earlier than 12 months immediately preceding the appointed day • the supplier of services is not eligible for any abatement under this act.
  • 72. MANUFACTURER PROVIDER OF SERVICES Not in possession of any invoice evidencing payment of duty in respect of such inputs, Such registered person shall be eligible to take credit at such rate and manner as may be prescribed.
  • 73. RATE OF GOODS UNDER GST Or more ITC TO BE AVAILED Less than where integrated tax is paid on such goods, the amount of credit shall be allowed at the rate of thirty per cent. and twenty per cent. respectively of the said tax
  • 74. Such credit of central tax shall be availed subject to satisfying the following conditions, namely,- (i) such goods were not unconditionally exempt from the whole of the duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985 or were not nil rated in the said Schedule. the document for procurement of such goods is available with the registered person. the registered person availing of this scheme and having furnished the details of stock held by him in accordance with the provisions of clause (b) of sub-rule (2) of rule 1, submits a statement in FORM GST TRAN 2 at the end of each of the six tax periods during which the scheme is in operation indicating therein the details of supplies of such goods effected during the tax period. the amount of credit allowed shall be credited to the electronic credit ledger of the applicant maintained in FORM GST PMT-2 on the Common Portal. (v) the stock of goods on which the credit is availed is so stored that it can be easily identified by the registered person. (ii) (iii) (iv) Scheme Available for tax periods
  • 75. entitled to take input credit under section 140 registered person FROM GST TRAN 1 within FROM GST PMT 2 Such credit will be credited to Electronic Credit Ledger maintained in
  • 76. ' '1.. ' ' " "') ;1 q 1 . . L' ".". '.> 1-"":> ) ".".' 1".I> ..... "..<:l. ""
  • 77. Return Form What to file? By Whom? By When? GSTR-1 Details of outward supplies of taxable goods and/or services effected Registered Taxable Supplier 10th of the next month GSTR-2 Details of inward supplies of taxable goods and/or services effected claiming input tax credit. Registered Taxable Recipient 15th of the next month GSTR-3 Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of amount of tax. Registered Taxable Person 20th of the next month GSTR-4 Quarterly return for compounding taxable person. Composition Supplier 18th of the month succeeding quarter GSTR-5 Return for Non-Resident foreign taxable person Non-Resident Taxable Person 20th of the next month GSTR-6 Return for Input Service Distributor Input Service Distributor 13th of the next month GSTR-7 Return for authorities deducting tax at source. Tax Deductor 10th of the next month GSTR-8 Details of supplies effected through e-commerce operator and the amount of tax collected E-commerce Operator/Tax Collector 10th of the next month GSTR-9 Annual Return Registered Taxable Person 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 cancellation order, whichever is later. GSTR-11 Details of inward supplies to be Person having UIN and claiming 28th of the month following the
  • 78. GSTR 1 Details of Sales 10th of next month GSTR 2 Details of Purchase 15th of next month GSTR 3 Monthly Return 20th of next month
  • 79. GSTR 4 GSTR 6 GSTR 9 Quarterly return for composition dealers only 18th of next following quarter Input Service Distributor 13th of the next month Annual Return 31st december of next year Filing of late return- PENALTY of Rs. 100 per day (Maximum Rs. 5000)
  • 80. GSTR 1 GSTR 3GSTR 2 10th of next month Details of outward supply of taxable goods or services 20th of next month Monthly Return GSTR 2A GSTR 1A 15th of next month Details of inward supply of taxable goods or services 11th of next month Details of supplies auto drafted from GSTR-1 or GSTR-5 to recipient 17th of next month Details of auto drafted supplies of goods or services
  • 81.
  • 82. Reach out to us Group Presence CA. Harsh Patel Founder & Director INDIA A203, Lancelot, SV Road Borivali West, Mumbai 92 Tel: +91 650 99 111 Web: www.waterandshark.com Board Line: +91 401 12 111 M: +91 9867119366 E: hpatel.waterandshark@gmail.com Unit 22 Kartik Complex Opp Laxmi Industrial Estate New Link Road, Andheri West, Mumbai 4000253 Tel: +91 623 68 500 Web: www.way2paisa.com UNITED STATES California Tel: +1 914 208 8000 Web: www.waterandshark.com