Part I--Ready Referencer

1.

GST Compliance Calendar 2019-20

2.

Time Limits/Due Dates under GST

Registration

Payment of tax

Issuance of tax invoice and bill of supply and maintenance of accounts

Filing of Returns and Statements of outward and inward supply

Maintenance of books of accounts and records

E-way bill

Composition levy

Tax deduction at source

Tax collection at source

Job work

Input tax credit

Refund

Audit and Assessment

Demand and recovery of tax

Advance Ruling

Appeal and revisions

3.

Due Dates for Furnishing GST Returns

Form, periodicity and due dates of furnishing GST returns and statements

Extension of due date for furnishing GSTR-1

Suspension of furnishing of GSTR-2 and GSTR-3 for July, 2017 to March, 2018

Due date of furnishing Form GSTR-3B and extension thereof

Due date of furnishing final return in Form GSTR-10

Extension of due date for furnishing other GST returns and Forms

4.

Forms under GST

Forms relevant to registration

Forms relevant to payment of tax

Return Forms

Forms relevant to e-way bills

Forms relevant to composition levy

Forms relevant to input tax credit

Forms relevant to refund

Forms relevant to Audit

Forms relevant to Inspection, Search and Seizure

Forms relevant to assessment

Forms relevant to demand and recovery

Forms relevant to Offences and Compoundnig thereof

Forms relevant to Advance Ruling

Forms relevant to appeals and revisions

Forms relevant to GST Practioners

Forms relevant to invoices

5.

Classification of Services

6.

Exempted Services

Exempted (nil-rated) services under CGST Act

Exempted (nil-rated) services under IGST Act

7.

Rates of Tax on Services

8.

Services Chargeable to Tax on Reverse Charge Basis

9.

Goods Chargeable to Tax on Reverse Charge basis

10.

Interest, Late Fee and Penalties

Interest chargeable from and payable to assessee

Late fee payable for failure to furnish returns or statements

Reduction of late fee for failure to furnish different returns

Waiver of late fee for failure to furnish returns and statements

Penalties imposable under CGST Act

Part II--Ready Reckoner

11.

Goods and Services Tax : An Overview

What is Goods and Services Tax?

Central taxes subsumed within GST regime

States taxes subsumed within GST regime

Taxes/levies not subsumed within GST

Structure of GST in India

Tax is leviable on supply of goods or services

Goods--Meaning

Services--Meaning

Money is regarded neither goods nor service

Items not constituting transaction in money, thereby constituting service

Securities are regarded neither as goods nor service

Transactions in repos and reverse repos

Subscription to or trading in Commercial Paper (CP) or Certificates of Deposit (CD)

Forward contracts in commodities and currencies

Future contracts

Classification of goods and services

Import of goods or services

Export of goods

Rates of GST

Composition scheme

Input tax credit

12.

Levy of IGST

IGST is leviable on inter-State supplies of goods or services

No IGST leviable on supply of alcoholic liquor for human consumption

Tax on supply of petroleum crude, high speed diesel to be levied at a later date

Levy of tax on import of goods into India

Inter-State supply

Supply of goods in the course of inter-State trade or commerce

Supply of goods imported into territory of India

Supply of services in the course of inter-State trade or commerce

Location of recipient of services

Location of supplier of services

Fixed establishment

Inter-state movement of various modes of conveyance between distrinct persons --Taxability of

Supply of services imported into territory of India

Supply of goods or services outside India

Supplies in territorial waters

Compulsory registration

No benefit of composition levy

Levy of IGST on reverse charge basis

13.

Levy and Collection of Tax

Power to levy GST

Legislative scheme of levy of GST

Levy of Central Goods and Services Tax (CGST)

Intra-State supply of goods--Meaning

Intra-State supply of services--Meaning

Rates of CGST

Levy of State Goods and Services Tax

Levy of Union Territory Goods and Services Tax

Levy of Integrated Goods and Services Tax

Taxable event under GST

Supplies made without consideration--Taxability

Giving away essential commodities by a charitable institution--Taxability

Tax is payable by a taxable person

Person--Meaning

Person having more than one registration--Effect of

Different establishments of a person

Levy of tax on Reverse Charge basis on certain notified services

Reverse charge on supply of goods or services received from unregistered supplier [Position upto 31-1-2019]

Reverse charge on supply of goods or services received from unregistered supplier [Position effective from 1-2-2019]

Payment of tax under composition levy

14.

Meaning and Scope of Supply

Taxable event under GST

Meaning and scope of supply

Import of goods is not supply under GST

Taxability of self-supplies

Transfer of both title and possession is necessary

Supply must be made in the course or furtherance of business

Business--Definition

Scope of the expression 'supply made in the course or furtherance of business'

Supply by a taxable person

Person ceased to be a taxable person--Consequences of

Clarifications in Tweet FAQs

Consideration--Meaning

Activities that are treated as supply even if made without consideration

Supply made without consideration--Taxability

Transactions which are treated as supply of goods

Transactions which are treated as supply of services

Activities which are regarded neither supply of goods nor supply of services

Activities or transactions specified in Schedule III

Taxability of fee/penalty paid to Consumer Disputes Redressal Commission

Activities undertaken by Central Government, or State Government or any Local Authority which are treated neither as a supply of goods nor a supply of services

15.

Composite and Mixed Supply

Composite supply--Meaning

Composite supply v. naturally bundled services

Principal supply--Meaning

Two or more supplies should be taxable supplies

Tax liability on a composite supply

Time of supply in case of composite supply

Examples of two or more supplies naturally bundled in ordinary course of business

Indicators, whether services are bundled in the ordinary course of business

Mixed supply--Definition

Taxability of mixed supply

Time of supply in case of mixed supplies

Example of elements of services not naturally bundled in ordinary course of business

16.

Time of Supply of Goods

Incidence of tax is supply of goods or services or both

Time of supply of goods, generally

No tax is leviable on receipt of advance for supply of goods

Receipt of petty amount in excess of the amount indicated in tax invoice

Extent of supply

Provision illustrated

Time of supply of goods in case of reverse charge

Meaning of "recipient" of supply of goods or services or both

Date on which payment is made--Meaning

Time of supply in case of supply of vouchers

Time of supply in other cases

Time of supply vis-a-vis addition in value by way of interest, late fee or penalty

Time of supply of goods or services in case of change in rate of tax

17.

Time of Supply of Services

Time of supply of services, generally

Time of supply in case of receipt of petty amount in excess of amount indicated in tax invoice

Extent of supply

Date of receipt of payment--Meaning

Provision illustrated

Time of supply of services in case of reverse charge

Where determination of time of supply is not possible

Time of supply in case of supply by associated enterprises

Time of supply in case of supply of vouchers

Residuary rule for determination of time of supply of service

Time of supply vis-a-vis addition in value of supply by way of interest, late fee or penalty

Time of supply of goods or services in case of change in rate of tax

Time of supply in case of continuous supply of services

18.

Place of Supply

Significance of determination of place of supply

Place of supply of goods other than supply of goods imported into, or exported from India

Place of supply of goods imported into, or exported from India

Place of supply of services, where location of supplier and recipient is in India

Place of supply of services, generally

Services related to immovable property

Where immovable property or boat is located or intended to be located outside India

Where immovable property or boat or vessel is located in more than one State or Union territory

Personalized services

Services relating to training and performance appraisal

Services by way of admission to an event

Services provided by way organisation of event or assigning sponsorship to such event

Services by way of transportation of goods

Passenger transportation service

Services on board a conveyance

Telecommunication, broadcasting, cable, DTH services

Banking and other financial services

Insurance services

Advertisement services to Government, local authority, etc.

19.

Exempted, Non-Taxable and Nil-Rated Supplies

Exempt supply--Meaning

Non-taxable supply--Meaning

Activities not regarded as supply of goods or services

Activities or transactions notified by Government under section 7(2)

Zero rated supply

Difference between 'exempt supply' and 'zero-rated supply'

Nil rated supply

Power to grant exemption by Central Government

Exemption i.r.o. supply of certain goods

Conditional exemption in respect of certain goods

Exemption i.r.o. supply of goods by CSD to certain persons

Exemption from levy of tax on reverse charge basis upto Rs. 5,000 per day

Exemption i.r.o. supply of services or goods received by a deductor

Exemption i.r.o. purchase of second hand goods by certain dealers

Exemption i.r.o. supply of certain services

Exemption i.r.o. intra-State supply of heavy water and nuclear fuels

Concessional rate of tax in respect of supply of goods to Specified Institutions

Exemption i.r.o. grant of licence to explore crude and natural gas

Concessional rate of tax in respect of old and used vehicles

Exemption i.r.o. import of services by a unit or a developer in the SEZ

Exemption i.r.o. inter-State supply of Skimmed milk powder, or concentrated milk

Exemption i.r.o. custom duty leviable on consideration towards royalties and license fees

Concessional rate of tax in respect of handicraft goods

Exemption i.r.o. intra-State supply of gold by Nominated Agency

20.

Composition Levy

Composition levy--Meaning and scope

Persons eligible to opt for composition levy

Rate of tax under composition levy

Aggregate turnover--Meaning

Value of exempt services and interest is not included in turnover

Turnover in State--Meaning

Persons not eligible to opt composition scheme

Conditions and restrictions applicable to composition dealers

Persons engaged in supply of services are not eligible to opt for composition levy

Persons making supply of non-taxable goods are not eligible

Persons making inter-State supplies of goods cannot opt composition levy

Persons making supply of goods through an electronic commerce operator

Persons engaged in manufacture of notified goods are not eligible

All registered persons having same PAN are required to opt for composition levy

Option to pay tax under composition scheme would lapse, when

Composition dealer cannot collect tax nor can take input tax credit

Levy of tax on reverse charge basis in respect of receipt of notified goods or services

Levy of tax on reverse charge basis in respect of receipt of goods or services from unregistered dealers

Filing of intimation for composition levy

Filing of fresh declaration for subsequent years not required

Switching over from normal levy to composition levy--Consequences of

Effective date of composition levy

Validity of composition levy

Composition dealer ceasing to satisfy conditions of composition scheme--Consequences of

Suo motu withdrawal of scheme by registered person

Denial of option to pay tax under composition scheme by proper officer

Composition dealers are required to issue Bill of Supply

Details required to be contained on a Bill of Supply

No need to issue bill of supply in certain cases

Issuance of invoice by a registered person paying tax under reverse charge basis

Periodicity and due date for payment of tax for composition dealers

Periodicity, time limit and form for furnishing returns

Payment of tax due on return

Furnishing of nil return is mandatory

Rectification of omisison or particulars in return

Furnishing of annual return by a composition dealer

Violation of conditions of composition scheme--Consequences of

21.

Reverse Charge (CGST/SGST)

Concept of reverse charge

Reverse charge--Meaning

Applicability of reverse charge under different circumstances

Supply of goods or services notified by Government

Reverse charge on supply of taxable goods or services by an unregistered person to a registered person [Position effective upto 31-1-2019]

Exemptions from levy of tax on reverse charge under section 9(4)

Reverse charge on supply of specified categories of goods or services or both by certain class of registered persons [Position effective from 1-2-2019]

Persons making supplies covered by reverse charge are not required to get registered

Input tax credit cannot be utilized for payment of tax on reverse charge basis

Tax paid on reverse charge basis can be claimed as input tax credit

Recipient of goods or services is required to get registered

Issuance of tax invoice by recipient of goods or services

Issuance of payment voucher by recipient of goods or supply

Time of supply of goods covered by reverse charge

Time of supply of services covered by reverse charge

Time of supply made by an associated enterprises located outside India

Value attracting reverse charge is not included in aggregate turnover

Supplies chargeable to tax on reverse charge basis are regarded as exempt supplies in the hands of supplier

22.

Reverse Charge (IGST)

Levy of IGST on reverse charge basis

Supply of goods or services notified by Government

Inter-State supply of goods taxable on reverse charge basis

Reverse charge on supply of taxable goods or services by an unregistered dealer to a registered dealer [Position effective upto 30-1-2019]

Reverse charge on supply of specified categories of goods or services or both by certain class of registered persons [Position effective from 1-2-2019]

Exemption in respect of import of services by a SEZ unit or developer of SEZ

Applicability of other provisions of CGST Act

23.

Tax Deduction at Source

Persons required to deduct tax at source

Date from which tax is required to be deducted

Threshold amount above which tax is required to be deducted

Taxes are not included in value

Practical Questions and answers on value from GST FAQs dt. 15-12-2018

Rate of tax deduction at source

Cases, where no tax is required to be deducted at source

Supply received from any unregistered person--Liability to pay tax on RCM

Compulsory registration

Payment of tax deducted at source

Return of tax deduction at source

Late fee for failure to furnish TDS Return

Certificate of tax deduction at source

Late fee for failure to furnish certificate of tax deducted at source

Credit of tax deducted at source

Payment of interest

Determination of amount in default

Refund of tax deducted at source

Penalty for failure to deduct or deposit tax deducted at source

Sale made under old law and invoice issued before appointed day--Effect of

24.

Electronic Commerce

Meaning of electronic commerce and electronic commerce operator

Compulsory registration in certain cases

Liability of electronic commerce operator to pay tax i.r.o. certain services

No liability to get registered under section 24(ix) in certain cases

Person liable to pay tax in certain cases

Collection of tax at source by electronic commerce operator

Cases, where no tax is required to be collected at source

Point of time for collection of tax at source

Net value of taxable supplies--Meaning and scope

Payment of tax collected at source

Furnishing of monthly statement

Credit of tax collected at source

Matching of details and communication of discrepancies

Rectification of omission or incorrect particulars furnished in monthly return

Maximum time period of rectification

Furnishing of annual statement

Deputy Commissioner may require furnishing of details

Penalty for non-collection/short collection/non-deposit of tax

25.

Casual Taxable Person or Non-Resident Person

Casual taxable person--Meaning

Non-resident taxable person--Definition

Difference between a casual taxable person and a non-resident taxable person

Compulsory registration for casual taxable person and non-resident taxable person

Application for registration to be filed 5 days prior to commencement of business

Taxable supply can be made only after taking registration

Procedure for grant of registration to a non-resident taxable person

Liability to pay advance tax

Utilization of tax deposited

Payment of additional advance tax

Validity period of registration

Application for extension in period of operation

Facility of composition scheme is not available

Refund of advance tax only after furnishing of monthly returns

No requirement of furnishing annual return

26.

Job Work

Job work--Meaning

Sending of inputs and capital goods to a job worker and return thereof

Removal of inputs or capital goods to a job worker without payment of tax

Procedure for removal of inputs or capital goods to job worker

Return or supply of inputs or capital goods after completion of job work

Where inputs sent for job-work are not received back within prescribed period

Where capital goods sent for job-work are not received back within prescribed period

Supply of waste and scrap generated during job work

Documents required to be issued

Responsibilities of a job worker

Supply of goods by principal from place of business of job worker

Value of goods supplied by job worker is included in turnover of principal

Taking of input tax credit in respect of inputs sent for job work

Taking input tax credit in respect of capital goods sent for job work

Principal is required to declare place of job-worker as his additional place of business

Job work provisions are not applicable to exempted or non-taxable goods

Accounts of inputs or capital goods to be maintained by the principal

Registration requirement

Generation of e-way bill for movement of goods for job work

Inputs removed for job work prior to appointed day but returned on or after appointed day--Treatment of

Semi-finished goods removed for job work and returned on or after appointed day--Treatment of

27.

Value of Taxable Supply

Tax is leviable on value

Transaction value is value of taxable supply

Supplier and recipient of supply are not related

Items to be included in value of supply

Deduction of discount

Treatment of packing material

Determination of value as per CGST Rules

Determination of value of supply where consideration not wholly in money

Open market value--Meaning

Supply of goods or services or both of like kind and quality--Meaning

Supply of goods or services or both between distinct or related persons

Distinct persons

Value of supply of goods made or received through an agent

Where value of supply of goods is not determinable as per rule 29(a)

Value of supply of goods or services or both based on cost

Determination of value in case of del-credere agent services

Residual method for determination of value

Value of supply in case of lottery, betting, gambling, and horse racing

Value of supply of services in relation to purchase or sale of foreign currency, including money changing

Value of supply of service in relation to booking of ticket for travel by air

Value of supply of services in relation to life insurance business

Determination of value of second hand goods

Value of token, voucher, coupon, etc.

Nil value for notified taxable services

Determination of value of supply of service in case of pure agent

Rate of exchange for determination of value

Where value of supply is inclusive of tax

28.

Input Tax Credit (ITC)

Statutory provisions governing input tax credit

Taking of input tax credit

Important terms--Defined

Conditions for taking input tax credit

Supply of goods and services not eligible for input tax credit [Position upto 31-1-2019]

Supply of goods and services not eligible for input tax credit [Position w.e.f. 1-2-2019]

Documents required for claiming input tax credit

Documents must contain prescribed particulars

Time limit for claiming input tax credit

Reversal of input tax credit in case of non-payment of consideration

No input tax credit allowable if depreciation is claimed on tax component

Input tax credit on capital goods is allowable in one instalment

Transfer of credit on obtaining separate registration for multiple places of business within a State or Union Territory

29.

Availing of Input Tax Credit in Special Circumstances

Statutory provisions governing taking of input tax credit under special circumstances

Goods or services or both used partly for business and partly for non-business purpose--Allowability of input tax credit

Goods or services or both used partly for effecting taxable supplies and partly for effecting exempt supplies

Manner of determination of input tax credit under sections 17(1) or 17(2)

Calculation of eligible input tax credit, finally

Manner of determination of input tax credit in respect of capital goods and reversal thereof

Special provisions for availing of input tax credit by banking company, financial institution, etc.

Procedure to be followed by a banking company or a financial institution

Input tax credit on inputs held in stock at the time of taking registration

Input tax credit on inputs held in stock at the time of taking voluntary registration

Input tax credit in case of switching over from composition levy to normal scheme [Section 18(1)(c)]

Input tax credit in case of exempt supply becoming taxable supply

Procedure to be followed for taking input tax credit under section 18(1)

Transfer of credit on sale, merger, amalgamation, lease or transfer of a business

Input tax credit in case of switching over from normal scheme to composition levy or in case of goods or services or both becoming exempt

Manner of reversal of credit under section 18(4)

Supply of capital goods or plant and machinery on which input tax credit has been taken--Consequences of

30.

Input Tax Credit Vis-a-Vis Job Work

Procedure for removal of inputs or capital goods for job work

Principal is allowed to take input tax credit on inputs sent to job-worker

Inputs sent for job-work, not received back within prescribed period--Consequences of

Input tax credit on capital goods sent to a job-worker

Capital goods--Meaning

Input tax credit is allowable even on capital goods sent directly to a job worker

Capital goods not received back within three years--Consequences of

Conditions and restriction in respect of inputs and capital goods sent to job worker

31.

Input Service Distributor

Concept of input service distributor

Input service distributor--Definition

Registration as ISD

Filing of return by ISD

Manner of distribution of credit by ISD

Reduction of amount of input tax credit--Consequences of

Furnishing of details of ISD credit note in Form GSTR-6

Conditions to be satisfied for distribution of input tax credit

Relevant period--Definition

Recipient of credit--Defined

Turnover--Defined

Details required to be contained in an ISD invoice or an ISD credit note

Details required to be contained in a credit or debit note to transfer credit of common input services to the Input Service Distributor

Manner of recovery of credit distributed in excess

Transitional provisions in respect of distribution of service tax credit

Penalty for distribution of credit wrongly

32.

Refund of Tax

Cases in which refund is allowable

Refund of tax paid under existing law

Time limit for claiming refund

Relevant date--Meaning

Manner of filing refund claim

Refund of unutilized input tax credit

Manner of determining refund on account of inverted duty structure

Refund of integrated tax paid on supply of goods to tourist leaving India

Documents required to be accompanied with refund application

Manual filing and processing of refund claims

Refund of balance in electronic cash ledger

CBIC's clarifications in Circular No. 59/33/2018-GST, dt. 4-9-2018

Documents not required to be enclosed where amount of refund is lower

Cases where declaration or certificate is not required to be furnished

Procedure for acknowledgment of refund application

Order of refund and time period for making such order

Applicability of principle of unjust enrichment

Cases where bar of unjust enrichment does not apply

Order sanctioning refund

Withholding of refund amount

Refund of advance tax paid by casual taxable person or a non-resident taxable person

No refund is allowable below Rs. 1000

Interest on delayed refund

Refund of tax paid on purchases made by UN or a specified international organisation

Refund of tax to CSD Canteens

Procedure for grant of refund under section 55

Transitional provisions vis-a-vis processing and allowability of refund claim

33.

Zero Rated Supply

Background

Zero-rated supply--Meaning

Export of goods--Meaning

Export of service--Meaning

Supply of goods or services to SEZ Developer or SEZ unit

Deemed export

Input tax credit may be availed of for making zero-rated supplies

Apportionment of credit is not required in case of zero-rated supplies

Concessional rate of tax in case of supply of goods to an exporter

Exemption i.r.o. supply of services having place of supply in Nepal or Bhutan

Exemption i.r.o. services supplies to establishment of a person outside India

Exemption i.r.o. services provided by a tour operator to a foreign tourists

Refund of tax in respect of zero rated supply

Refund of unutilized input tax credit

Relevant date from claiming refund

Periodicity of claming refund

Person required to be file refund claim

Time period for furnishing proof of export

Calculation of refund of unutilised input tax credit in case of zero-rated supply

Refund of Integrated Tax paid on goods or services exported out of India

Cases, where exporter cannot use route of payment of IGST and taking refund

Documents required to be accompanied with refund application

Manual filing and processing of refund claims

Procedure of refund in case of export under bond or LUT

CBIC's clarifications in Circular No. 45/19/2018-GST, dt. 30-5-2018

Conditions and safeguards under which LUT may be furnished

CBIC's clarifications on furnishing of Bond or Letter of Undertaking

Grant of refund on provisional basis

Bar of unjust enrichment is not applicable to refund pertaining to zero-rated supply

No requirement of BRC in case of refund under export of goods

34.

Import of Goods or Services

Important terms--Defined

Import of goods or services is regarded as inter-State supply

Taxability of import of services made on or after appointed day

Exemption i.r.o. import of services by a SEZ unit or developer of SEZ

Exemption i.r.o. services received by a person located in non-taxable territory

Exemption i.r.o. import of services by United Nations

Exemption i.r.o. import of services by Foreign displomatic mission

Exemption i.r.o. Customs duty leviable on Royalty and Licence Fee

Place of supply of goods imported into India

Place of supply of services imported into India

Place of supply of services where location of supplier or recipient is outside India

Services supplied in respect of goods

Services provided in physical presence of an individual

Services supplied directly in relation to an immovable property

Services by way of admission to any event, celebration, fair, etc.

Services supplied by a banking company to account holders

Intermediary services

Services consisting of hiring of means of transport

Services of transportation of goods

Passenger transportation services

Services provided on board a conveyance

Online information and database access or retrieval services

35.

GST Practitioner

Meaning of goods and services tax practitioner

Role of a GST practitioner

Persons entitled to get enrolled as a GST practitioner

Responsibility would rest with registered person

Confirmation of registered dealer is required for certain acts of a GST practitioner

Procedure for enrolment of GST practitioner

Normal registration by GST Practioner

Authorisation to GST Practitioner

Activities which can be undertaken by a GST Practitioner

Consent to GST practitioner for preparing and furnishing of return

Separate user ID and password for GST practitioner

Disqualification for functioning as a GST practitioner

Appearance before any authority

36.

Audits Under GST

Statutory provisions dealing with audit of accounts

Audit--Defined

I. ANNUAL AUDIT UNDER SECTION 35(5)

Persons required to get his accounts audited

Who can perform audit under section 35(5)

Submission of audit report and reconciliation statement

Furnishing of annual return along with audited annual accounts

II. AUDIT BY TAX AUTHORITIES

Who can conduct audit of business transactions

Periodicity of audit

Place, where audit may be conducted

Fifteen working days advance notice

Time period of completion of audit

Commencement of audit--Meaning of

Duties of registered person

Scope of audit

Intimation of findings and discrepancies to registered person

Initiation of action for recovery of tax not paid, short-paid, etc.

III. SPECIAL AUDIT

Officer empowered to give direction for special audit

Cases, where direction for special audit can be given

Approval of Commissioner is necessary

Persons authorised to conduct special audit

Audit report to be furnished within 90 days

Informing finding of special audit to registered person

Special audit would be in addition to any other audit

Opportunity of being heard to registered person

Access to business premises

Taxable person is required to provide necessary documents

Audit fee and incidental expenses to be paid by Commissioner

Action under section 51

37.

Assessment of Tax Under GST

I. ASSESSMENT UNDER GST--GENERAL PROVISIONS

Statutory provisions dealing with assessment of tax under GST

Meaning of assessment

II. SELF-ASSESSMENT

Self-assessment

Tax period--Meaning

III. PROVISIONAL ASSESSMENT

Cases in which provisional assessment is sought to be made

Manner of furnishing request for provisional assessment

Issue of notice by proper officer

Passing of order by proper officer

Time limit for passing of order

Execution of bond

Finalization of provisional assessment

Liability to pay interest

Release of security

Excess tax paid may be adjusted against short-payment

Refund claim can be filed online only

Payment of interest on refund

Demand can be raised only after finalization of duty

Failure to file statement of provisional assessment--Effect of

Assessment is provisional for all purposes

IV. SCRUTINY OF RETURNS

Who can scrutinize returns?

Intimation of discrepancies noticed

Payment of tax or furnishing of explanation by taxable person

No further action if explanation is found acceptable

Consequences upon failure to furnish satisfactory explanation

V. BEST-JUDGMENT ASSESSMENT

Who are non-filers of returns?

What is best-judgment assessment?

Order of assessment

Time period for passing best-judgment assessment order

Withdrawal of best-judgment assessment

VI. ASSESSMENT OF UNREGISTERED PERSONS

Manner of making assessment of unregistered person

Grant of opportunity of being heard

VII. SUMMARY ASSESSMENT

When is summary assessment resorted to?

Summary assessment, where the taxable person is not ascertainable

Withdrawal of summary assessment

38.

Demands and Recovery

Statutory provisions dealing with demand and recovery of tax

Comparative chart showing scheme of provisions under sections 73 and 74

I. DEMAND AND RECOVERY OF TAX IN BONA FIDE CASES UNDER SECTION 73

Cases when provisions of section 73 be invoked

Issuance of show cause notice

Time limit for issuance of notice

Issuance of statement for subsequent period on the same ground

Payment of tax before issue of show cause notice--Effect of

Issuance of show cause notice for recovery of amount falling short

No penalty imposable where tax is paid within 30 days of issuance of show cause notice

Payment of tax would not absolve from prosecution proceeding

Determination of tax, interest and penalty

Time limit for issuing order under section 73(9)

Imposition penalty upon failure to pay self-assessed tax

Conclusion of proceeding in respect of co-noticee

II. DEMAND AND RECOVERY OF TAX IN MALA FIDE CASES UNDER SECTION 74

When can provisions of section 74 be invoked?

Suppression--Meaning of

Issuance of show cause notice

Time limit for issuance of notice

Issuance of statement for subsequent period on the same ground

Corrigendum to show cause notice--Validity

Allegation of fraud or wilful-misstatement or suppression of facts to be set out in show cause notice

Department being aware of activity of assessee--Allegation of fraud, wilful mis-statement is not sustainable

No mala fide intention on part of assessee--Extended period cannot be invoked

Payment of tax and interest before issue of show cause notice--Effect of

Issuance of show cause notice for recovery of amount falling short

Tax, interest and penalty paid within 30 days of issuance of show cause notice--Consequences of

Payment of tax would not absolve from prosecution proceeding

Determination of tax, interest and penalty

Time limit for making order under sub-section (10) of section 74

Tax, interest and penalty is paid within 30 days of issuance of adjudication order--Consequences of

Payment of tax would not absolve from prosecution proceeding

Conclusion of proceeding in respect of co-noticee

III. GENERAL PROVISIONS RELATING TO DETERMINATION OF TAX

Effect of stay of service of notice or issuance of order--Effect of

Demand of tax for normal limitation period would be sustainable where demand for extended period is quashed

Order required to be issued in pursuance of direction of Tribunal

Opportunity of personal hearing

Adjournment of hearing

Relevant facts and basis of decision to be set out in order

Adjudication order cannot travel beyond show-cause notice

Modification of interest and penalty consequent to modification of demand

Deemed conclusion of adjudication proceeding after specified period

Exclusion of certain period for passing adjudication order

Self-assessed tax is liable to be recovered under section 79

No penalty imposable under other provisions where penalty is imposed under section 73 or 74

Tax to be deposited within 90 days

39.

Recovery of Tax, Interest and Penalty

Amount collected as CGST is required to be deposited to Government

Issue of show cause notice requiring payment of tax and penalty

Determination of amount due to be paid

Interest is also payable

Opportunity of hearing to be granted upon request

Time limit for passing order

Period of stay to be excluded from limitation period

Relevant facts and basis of decision to be set out in order

Amount paid would be adjusted against tax payable in respect of related supply

Refund of amount paid

Tax wrongfully collected and paid to Central Government or State Government shall be refunded

Integrated tax wrongly paid on intra-State supply would be adjusted against tax liability without payment of interest

Initiation of recovery proceedings

Recovery of tax

Deduction from amount payable to assessee

Sale of goods belonging to taxable person

Recovery by a garnishee order (i.e. recovery from a third party)

Distraining and detaining movable or immovable property belonging to assessee

Recovery of amount as arrear of land revenue

Recovery of amount as fine under Code of Criminal Procedure, 1973

Recovery of amount in the manner laid down in any bond or instrument

Power of proper officer of State tax or Union territory to recover amount as arrear of State tax or Union territory tax

Recovery through execution of a decree, etc.

Recovery by sale of movable or immovable property

Disposal of proceeds of sale of goods and movable or immovable property

Attachment of debt and shares, etc.

Recovery from surety

Payment of tax and other amount in instalments

Transfer of property to be void in certain cases

Tax to be first charge on property

Provisional attachment to protect revenue in certain cases

Procedure to be followed for making provisional attachment

Continuation and validation of certain recovery proceedings

40.

Inspection, Search, Seizure and Arrest

Statutory provisions governing inspection, search and seizure

Power of inspection

Places which can be inspected

Reasons should be recorded before issuing search warrant

Contents of a Search Warrant

Search without a warrant would be illegal

Inspection in movement

Seizure of goods, documents, books or things

Entrusting ownership of goods to owner or custodian of goods

Where it is not practicable to seize goods

Retention of goods, documents, etc. and return thereof

Power to seal or break open door, almirah, box, etc.

Right to make copies of documents seized or take extracts

Release of seized goods on provisional basis

Goods to be returned, if no notice is issued within sixty days

Disposal of goods of perishable or hazardous nature after their seizure

Preparing inventory of goods

Applicability of provisions of Code of Criminal Procedure

Seizure of accounts, registers or documents

Purchase of goods or services by any officer authorised by Commissioner and return thereof

Principles to be observed during search operations

Person in charge of a conveyance is required to carry prescribed documents

Details are required to be validated

Person in charge of vehicle is required to produce documents

Meaning of arrest

When does need for arrest arise?

Who would be authorised to arrest any person?

Authorised officer to inform the grounds of offence

Powers to grant bail or other powers in case of non-cognizable and bailable offence

Applicability of provisions of Code of Criminal Procedure

Safeguards provided for a person who is placed under arrest

Precautions to be taken during arrest

Broad guidelines for arrest followed in CBEC

Meaning of cognizable offence

Meaning of non-cognizable offence

Who can summon and who can be summoned?

Purpose to summon

Responsibilities of person summoned

Consequences of non-appearance to summons

Every inquiry to be a judicial proceeding

Guidelines for issue of summons

Precautions to be observed while issuing summons

Who shall have power to access to business premises

Duty of person-in-charge of premises

Officers required to assist proper officers

41.

Detention and Seizure of Goods, etc.

Detention, seizure and release of goods and conveyances in transit

Procedure for detention, seizure and release or confiscation of goods and conveyances

No physical verification to be carried out more than once

Goods and/or conveyances in respect of which there is no violation not be detained

No penalty imposable for minor spelling or clerical mistakes

Release of goods

Confiscation of goods or conveyances

Confiscation or penalty would not interfere with other punishments

42.

Prosecution and Compounding of Offences

Offences punishable under the Act

Punishment specified under the Act

Minimum term of imprisonment

Applicability of provisions of Code of Criminal Procedure

Cognizable offence--Meaning and nature

Meaning of non-cognizable offence

Presumption of culpable mental status

Relevancy of statements under certain circumstances

Offences by companies and certain other persons

Compounding of offences

Procedure for compounding of offences

43.

Advance Ruling

Important definitions

Questions on which advance ruling may be sought

Form of application for advance ruling and fee

Procedure on receipt of application

Pronouncement of Advance Ruling

Reference of point of difference to Appellate Authority

Appeal to Appellate Authority

Orders of Appellate Authority

Rectification of Advance Ruling

Binding nature of Advance Ruling

Advance ruling to be void in certain cases

Powers of Authority for Advance Ruling

44.

Appeal to Appellate Authority

Filing of appeal before Appellate Authority

Time limit for filing appeal

Form for filing appeal to Appellate Authority

Documents required to be submitted to Appellate Authority

Mandatory pre-deposit as a condition for filing appeal

Opportunity of being heard

Adjournment of hearing

Addition for more grounds of appeal

Passing of order by Appellate Authority

Opportunity of showing cause against unfavourable order

Observation of provisions of sections 73 and 74 in certain cases

Order of Appellate Authority

Time period for passing order by the Appellate Authority

Communication of order of Appellate Authority

Order of Appellate Authority shall be final

Interest on refund of amount paid for admission of appeal

Appeal by department

Production of additional evidences before Appellate Authority

45.

Appeal to Appellate Tribunal

Who can file appeal to Appellate Tribunal?

Jurisction of various Benches of Appellate Tribunal

Time limit for filing appeal to Appellate Tribunal

Form and manner of filing appeal before Appellate Tribunal

Fee for filing appeal before Appellate Tribunal

Documents required to be submitted to Registrar

Refusal to admit appeal where amount involved is not substantial

Filing of cross-objection

Mandatory pre-deposit as a condition for filing appeal to Appellate Tribunal

Appeal by department

Production of additional evidence before Appellate Tribunal

Order of Appellate Tribunal

Adjournment of hearing

Rectification of error by Appellate Tribunal

Time period for deciding appeal by Appellate Tribunal

Communication of copy of order to related parties

Interest on refund of amount paid for admission of appeal

Appellate Tribunal would be guided by principles of natural justice

Matters in respect of which Appellate Tribunal shall have powers as civil court

Enforcement of order of Appellate Tribunal

Proceedings before Appellate Tribunal are judicial proceedings

Part III--GST Procedures

46.

Registration

Liability to get registered

Aggregate turnover--Meaning and scope

Persons liable to get registered compulsorily

Persons making inter State taxable supply

Liability of casual taxable person to get registered

Persons required to pay tax on reverse charge basis, to get registered

Persons liable to pay tax under sub-section (5) of section 9

Liability of non-resident taxable persons to get registered

Liability of persons required to deduct tax at source, to get registered

Persons making taxable supply on behalf of other taxable persons

Liability of Input Service Distributors to get registered

Persons supplying goods or services through electronic commerce operator

Electronic commerce operator

Persons supplying online information and data base access or retrieval services

Persons notified by Government

Voluntary registration

Persons not liable to get registered

Persons exempted from obtaining registration

Registration to be taken for every State or Union territory

More than one registration can be granted in a State or Union territory

Separate registration to be taken for unit located in SEZ

Persons having more than one registration would be regarded as distinct persons

Registered person having establishment in another State or Union territory

PAN is mandatory for getting registered

Time limit for getting registered

Grant of Unique Identity Number (UIN) to certain entities

Procedure for making application for registration

Verification of the application and approval

Registration by persons required to deduct collect tax at source

Forced registration by proper officer

Method of authentication of registration application

Person authorised to sign or verify application or any other document

Verification before grant of registration or UIN

Physical verification of business premises

Procedure for issue of registration certificate

Deemed registration

Suo moto registration by proper officer

Registration certificate

Effective date of registration

Registration is permanent

Effect of grant of registration under SGST/UTGST Act

Effect of rejection of registration under SGST/UTGST Act

Display of registration certificate and GSTIN on name board

Registration of casual taxable person or non-resident taxable person

Procedure for amendment of registration (non-core fields)

Procedure for changes relating to name of firm, address and directors/ partners, etc. (core-fields)

Application cannot be rejected without giving opportunity of being heard

Rejection/approval of amendment, both for CGST and SGST

Cancellation of registration

Suspension of registration

Cancellation of registration by proper officer

Procedure for cancellation of registration by proper officer

Cancellation of registration in certain other cases

Procedure for making application for cancellation of registration

Voluntary registration can be cancelled before one year

Reasonable opportunity of being heard to be given

Cancellation would not affect liability of taxable person

Cancellation of registration, both for CGST Act and SGST Act

Payment of input credit balance pertaining to inputs held in stock

Payment of input credit balance pertaining to capital goods

Furnishing of final return

CBIC's clarifications in Circular No. 69/43/2018-GST, dt. 26-10-2018

Revocation of cancelled registration

Procedure for revocation of cancelled registration

Cancellation of registration of companies in certain cases

Penalty for failure to obtain registration or furnishing false information

Penalty for furnishing of false information

47.

Payment of Tax

Periodicity and due date for payment of tax

Electronic ledgers

Tax Liability register

Electronic credit ledger

Electronic Cash Ledger

Payment of GST by cheque--Date of payment

Consequences of filing of return without payment of tax

Online generation and modification of challan

Validity period of challan

CPIN and CIN--Meaning of

Sequence of payment of tax

Tax to be collected by an Electronic Focal Point Branch [E-FPB]

Payment of tax and other amount in instalments

Levy of interest on delayed payment of tax

48.

Furnishing of Details of Outward Supply

Persons required to furnish details of outward supply

Persons not required to furnish details of outward supplies

Time limit for furnishing details of outward supplies for Financial Year

Information required to be included in FORM GSTR-1

Communication of details to recipient

Matching of details of credit note

Communication of discrepancy to supplier and recipient

Discrepancy not rectified will be added in output tax liability

Reduction of output tax liability

Addition to output tax liability of duplicate claims

Payment of interest on amount added to output tax liability

Refund of interest upon reduction in output tax liability

Addition in output tax liability and payment of interest thereon

Matching of information and rectification of error or omission

Time limit for rectification of error or omission

Scanned copy of invoice not to be uploaded along with GSTR-1

Details of all invoices not to be uploaded

Description of each item in invoice not to be uploaded

Value of each transaction to be filled up

Failure to furnish details of outward supply--Consequences of

49.

Furnishing of Details of Inward Supply

Verification, validation and modification of details of outward supplies

Furnishing of details of inward supplies

Persons not required to furnish details of inward supplies

Time limit for furnishing details of inward supplies

Important parts of FORM GSTR-2A

Action points for recipient of supply of goods or services

Communication of details of supplies modified, deleted or included by recipient

Rectification of error or omission

Time limit for rectification of error or omission

Failure to furnish details of outward supply--Consequences of

50.

Matching and Reversal of Input Tax Credit and Output Tax Liability

I. MATCHING, REVERSAL AND RECLAIM OF INPUT TAX CREDIT

Matching of inward supply with corresponding outward supply

Communication of input tax credit finally accepted

Details to be matched

Input tax credit to be considered as matched in certain cases

Communication of discrepancy in claim of input tax credit

Communication of duplication of claim of input tax

Addition to output tax liability

Reduction from output tax liability

Payment of interest on amount added to output tax liability

II. MATCHING, REVERSAL AND RECLAIM OF REDUCTION IN OUTPUT TAX LIABILITY

Matching of details of credit note

Reduction in output tax liability to be considered as matched in certain cases

Final acceptance of reduction in output tax liability and communication thereof

Communication of discrepancy to both parties

Communication of duplicate claims for reduction in output tax liability

Discrepancy not rectified, to be added to output tax liability

Reduction in output tax liability of supplier

Payment of interest by supplier

Refund of interest upon acceptance of reduction in output tax liability

Addition to output tax liability of supplier

51.

Returns

Furnishing of monthly return in FORM GSTR-3

Furnishing of monthly return in FORM GSTR-3B

Furnishing of quarterly return by a composition dealer

Furnishing of monthly return by persons providing OIDAR services

Furnishing of monthly return by an Input Services Distributor

Tax due on return is required to be paid before filing return

Requirement of furnishing nil return

No return can be furnished for any tax period if return of any pervious tax period is pending

Rectification of omission or incorrect particulars in a return

First return

Annual return

Final return

Notice to return defaulters

Mode of filing return

Levy of late fee

52.

Accounts and Records

Records required to be maintained by a registered taxable person

Other records and accounts

Maintaining accounts of stock

Maintaining account of advances received, paid and adjustments made thereto

Accounts of invoices issued/received, input tax credit, output tax, tax paid, etc.

Maintaining particulars of suppliers, customers and godown, etc.

Levy of tax on goods found at non-declared godown or warehouse

Place where accounts and records are required to be maintained

Special procedure for maintenance of records by a principal or auctioneer

Keeping and maintaining accounts and records in electronic form

Permission to certain class of persons to maintain accounts in other manner

Record of correction or deletion of entry

Each volume of books of account to be serially numbered

Accounts required to be maintained by an agent [Rule 56(11)]

Manufacturers are required to maintain monthly production accounts

Specific records required to be maintained by supplier of services

Specific records required to be maintained by a registered person executing works contract

Records to be maintained by a carrier or a clearing and forwarding agent

Enrollment of owner or operator of godown or warehouse

Issuance of unique common enrolment number to a transporter

Records to be maintained by a transporter

Records to be maintained by owner or operator of warehouse or godown

Period of retention of accounts

Audit of accounts of certain registered taxable person

Failure to account for goods or services or both--Consequence of

Defaults relating to books of account--Consequences of

53.

Tax Invoice, Bill of Supply, Debit and Credit Notes

Time limit for issuance of tax invoice, bill of supply, etc.

Cases, where tax invoice or bill of supply is not required to be issued

Issue of tax invoice and payment voucher by a person paying tax on reverse charge basis

Details required to be contained in a tax invoice

No signature required in case of issuance of electronic invoice

Format of tax invoice

Additional details to be mentioned in case of exports

Relaxation from mentioning HSN code in tax invoice

Amount of tax is to be indicated in tax invoice

No need to record Aadhaar or PAN of customer

Expenses like freight/transport/packing should be mentioned in tax invoice

Tools may be sent on the basis of delivery challan

Tax invoice or bill of supply to accompany transport of goods

Manner of issuing invoice

Whether a single bill book can be used by a registered person engaged in supply of both goods or services

Issue of receipt voucher and refund voucher

Issuance of revised tax invoice

Bill of supply

Invoice-cum-bill of supply

Issuance of invoice by recipient of goods or services in certain cases

Issuance of credit notes [Section 34(1)]

Particulars required to be contained in a credit note

Adjustment of tax liability

Declaration of details of credit note in monthly return

Issuance of debit notes

Particualars required to be contined in a debit note

Additional tax liability

Declaration of details of debit notes in monthly return

Issuance of ISD invoice or ISD credit note by an Input Service Distributor

Issuance of credit/debit note to transfer credit of common input services to ISD

Tax invoice in case of an insurer or a banking company or a financial institution

Issuance of tax invoice by a goods transport agency

Issuance of tax invoice by any person engaged in passenger transport service

Issuance of delivery challan

APPENDIX

SPECIMEN OF TAX INVOICE

SPECIMEN OF BILL OF SUPPLY

SPECIMEN OF EXPORT INVOICE

Receipt Voucher (Specimen)

Payment Voucher (Specimen)

Refund Voucher (Specimen)

Debit Note (Specimen)

Credit Note/Revised Invoice (Specimen)

54.

E-Way Bill and Transport of Goods

Furnishing of information prior to commencement of movement of goods

Furnishing of information by other persons

Generation of e-way bill by a registered person

Generation of e-way bill by a transporter

Intimation of unique e-way bill number (EBN)

Transfer of goods from one conveyance to another

Transport of goods from place of business of transporter to final destination

Storing of goods by consignee/recipient in trasnporter's godown

Transportation of goods from transporter's godown to other premises of recipient

Assignment of e-way bill number for further movement of consignment

Generation of e-way bill or consolidated e-way bill by transporter

Furnishing of details of e-way bill in FORM GSTR-1

Cancellation of e-way bill

Validity period of e-way bill

Tax invoice or bill of supply to accompany transport of goods

Website for furnishing electronic way bill

Acceptance or rejection of consignment by recipient--Effect of

E-way bill shall be valid in every State and Union territory

Cases, where no e-way bill is required to be generated

Restriction from generating e-way bill

Documents and devices to be carried by a person-in-charge of a conveyance

Verification of documents and conveyance

Inspection and verification of goods

Uploading information regarding detention of vehicle

APPENDIX

Annexure to rule 138(14)

Part IV--GST on Taxable Services

55.

Advertisement Related Services

Levy of GST on advertisement related services

Classification of service and rate of tax

Advertising agency working on principal to principal basis

Advertisement agency selling space for advertisement as an agent of newspaper

Taxability of other services supplied by advertisement agency

Services provided to Government departments are also taxable

Examples of advertisement related services

Taxability of volume discounts/rate difference

Taxability of write backs

Place of supply of advertisement related services

56.

Agriculture Related Services

Levy of GST on agriculture related services

Classification of service and rate of tax

Agriculturist is not liable to get registered

Exemption in respect of services relating to cultivation of plants

Support services to agriculture, forestry, etc. are taxable at Nil rate

Agriculture--Meaning

Breeding of fish, rearing of silk worms, cultivation of ornamental flowers, etc.

Agricultural produce--Meaning

Exemption i.r.o. fumigation in a warehouse of agricultural produce

Exemption i.r.o. agricultural operations

Exemption i.r.o. supply of farm labour

Exemption i.r.o. processes carried out at an agricultural farm

Exemption i.r.o. renting or leasing activities

Exemption i.r.o. loading, unloading, packing, etc.

Exemption i.r.o. agricultural extension services

Exemption i.r.o. services provided by APMC, APMB or commission agents

Exemption i.r.o. services by way of fumigation in a warehouse

Exemption i.r.o. transport of agricultural produce by rail or vessel

Exemption i.r.o. transport of agricultural produce by a goods transport agency

Exemption i.r.o. intermediate production process as job work

Reverse charge in respect of supply of raw cotton by an agriculturist

Place of supply of agriculture related services

57.

Banking and Other Financial Services

Levy of GST on banking and other financial services

Classification of service and rate of tax

GST liability on trading in Priority Sector Lending Certificate (PSLC)

Exemption i.r.o. services provided by Reserve Bank of India (RBI)

Exemption i.r.o. services provided to BSBD account holders under PMJDY

Exemption i.r.o. services received by Reserve Bank of India from outside India

Exemption i.r.o. services by way of extending deposits, loans or advances

Exemption i.r.o. sale or purchase of foreign currency

Exemption i.r.o. services provided by an acquiring bank

Exemption i.r.o. services of business facilitator or business correspondent

Value of supply in case of purchase or sale of foreign currency

Reverse charge i.r.o. services provided by recovery agent

Reverse charge i.r.o. supply of services to Reserve Bank of India

Reverse charge i.r.o. of services supplied by Direct Selling Agents

Reverse charge i.r.o. services provided by business facilitator

Reverse charge i.r.o. services provided by an agent of business correspondent

Rate of exchange of currency for determination of value

Relaxation as regards issuance of invoice

Furnishing of information return

Place of supply

Allowability of input tax credit to a banking company or a financial institution

58.

Restaurant's Service

Levy of GST on supply of foods/drinks in a restaurant

Rate of tax