Contents

 

Book 1--Goods and Services Tax Acts

 

The Central Goods and Services Tax Act, 2017

 

Chapter I--Preliminary

1.

Short title, extent and commencement

2.

Definitions

 

Chapter II--Administration

3.

Officers under this Act

4.

Appointment of officers

5.

Powers of officers

6.

Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances

 

Chapter III--Levy and Collection of Tax

7.

Scope of supply

8.

Tax liability on composite and mixed supplies

9.

Levy and collection

10.

Composition levy

11.

Power to exemption from tax

 

Chapter IV--Time and Value of Supply

12.

Time of supply of goods

13.

Time of supply of services

14.

Change in rate of tax in respect of supply of goods or services

15.

Value of taxable supply

 

Chapter V--Input Tax Credit

16.

Eligibility and conditions for taking input tax credit

17.

Apportionment of credit and blocked credit

18.

Availability of credit in special circumstances

19.

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

20.

Manner of distribution of credit by Input Service Distributor

21.

Manner of recovery of credit distributed in excess

 

Chapter VI--Registration

22.

Persons liable for registration

23.

Persons not liable for registration

24.

Compulsory registration in certain cases

25.

Procedure for registration

26.

Deemed registration

27.

Special provisions relating to casual taxable person and non-resident taxable person.

28.

Amendment of registration

29.

Cancellation or suspension of registration

30.

Revocation of cancellation of registration

 

Chapter VII--Tax Invoice, Credit and Debit Notes

31.

Tax invoice.

31A.

Facility of digital payment to recipient

32.

Prohibition of unauthorised collection of tax.

33.

Amount of tax to be indicated in tax invoice and other documents

34.

Credit and debit notes

 

Chapter VIII--Accounts and Records

35.

Accounts and other records

36.

Period of retention of accounts

 

Chapter IX--Returns

37.

Furnishing details of outward supplies

38.

Communication of details of inward supplies and input tax credit

39.

Furnishing of returns

40.

First return

41.

Availment of input tax credit

42.

Omitted vide the Finance Act, 2022, effective from a date to be notified.

43.

Omitted vide the Finance Act, 2022, effective from a date to be notified.

43A.

Omitted vide the Finance Act, 2022, effective from a date to be notified.

44.

Annual return

45.

Final return

46.

Notice to return defaulters

47.

Levy of late fee

48.

Goods and services tax practitioners

 

Chapter X--Payment of Tax

49.

Payment of tax, interest, penalty and other amounts

49A.

Utilisation of input tax credit subject to certain conditions

49B.

Order of utilisation of input tax credit

50.

Interest on delayed payment of tax

51.

Tax deduction at source

52.

Collection of tax at source

53.

Transfer of input tax credit

53A.

Transfer of certain amounts

 

Chapter XI--Refunds

54.

Refund of tax

55.

Refund in certain cases

56.

Interest on delayed refunds

57.

Consumer Welfare Fund.

58.

Utilisation of Fund

 

Chapter XII--Assessment

59.

Self-assessment

60.

Provisional assessment

61.

Scrutiny of returns

62.

Assessment of non-filers of returns

63.

Assessment of unregistered persons

64.

Summary assessment in certain special cases

 

Chapter XIII--Audit

65.

Audit by tax authorities

66.

Special audit

 

Chapter XIV--Inspection, Search, Seizure and Arrest

67.

Power of inspection, search and seizure

68.

Inspection of goods in movement

69.

Power to arrest

70.

Power to summon persons to give evidence and produce documents

71.

Access to business premises

72.

Officers to assist proper officers

 

Chapter XV--Demands and Recovery

73.

Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful-misstatement or suppression of facts

74.

Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts

75.

General provisions relating to determination of tax

76.

Tax collected but not paid to Government

77.

Tax wrongfully collected and paid to Central Government or State Government

78.

Initiation of recovery proceedings

79.

Recovery of tax

80.

Payment of tax and other amount in instalments

81.

Transfer of property to be void in certain cases

82.

Tax to be first charge on property

83.

Provisional attachment to protect revenue in certain cases

84.

Continuation and validation of certain recovery proceedings

 

Chapter XVI--Liability to Pay in Certain Cases

85.

Liability in case of transfer of business

86.

Liability of agent and principal

87.

Liability in case of amalgamation or merger of companies

88.

Liability in case of company in liquidation

89.

Liability of directors of private company

90.

Liability of partners of firm to pay tax

91.

Liability of guardians, trustees, etc.

92.

Liability of Court of Wards, etc.

93.

Special provisions regarding liability to pay tax, interest or penalty in certain cases

94.

Liability in other cases

 

Chapter XVII--Advance Ruling

95.

Definitions

96.

Authority for advance ruling

97.

Application for advance ruling

98.

Procedure on receipt of application

99.

Appellate Authority for Advance Ruling

100.

Appeal to Appellate Authority

101.

Orders of Appellate Authority

101A.

Constitution of National Appellate Authority for Advance Ruling

101B.

Appeal to National Appellate Authority

101C.

Order of National Appellate Authority

102.

Rectification of advance ruling

103.

Applicability of advance ruling

104.

Advance ruling to be void in certain circumstances

105.

Powers of Authority, Appellate Authority and National Appellate Authority

106.

Procedure of Authority, Appellate Authority and National Appellate Authority

 

Chapter XVIII--Appeals and Revision

107.

Appeals to Appellate Authority

108.

Powers of Revisional Authority

109.

Constitution of Appellate Tribunal and Benches thereof

110.

President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc.

111.

Procedure before Appellate Tribunal

112.

Appeals to Appellate Tribunal.

113.

Orders of Appellate Tribunal

114.

Financial and administrative powers of President

115.

Interest on refund of amount paid for admission of appeal

116.

Appearance by authorised representative

117.

Appeal to High Court

118.

Appeal to Supreme Court

119.

Sums due to be paid notwithstanding appeal, etc.

120.

Appeal not to be filed in certain cases

121.

Non-appealable decisions and orders

 

Chapter XIX--Offences and Penalties

122.

Penalty for certain offences

123.

Penalty for failure to furnish information return

124.

Fine for failure to furnish statistics

125.

General penalty

126.

General disciplines related to penalty

127.

Power to impose penalty in certain cases

128.

Power to waive penalty or fee or both

129.

Detention, seizure and release of goods and conveyances in transit

130.

Confiscation of goods or conveyances and levy of penalty

131.

Confiscation or penalty not to interfere with other punishments

132.

Punishment for certain offences

133.

Liability of officers and certain other persons

134.

Cognizance of offences

135.

Presumption of culpable mental state

136.

Relevancy of statements under certain circumstances

137.

Offences by companies

138.

Compounding of offences

 

Chapter XX--Transitional Provisions

139.

Migration of existing taxpayers

140.

Transitional arrangements for input tax credit

141.

Transitional provisions relating to job work

142.

Miscellaneous transitional provisions

 

Chapter XXI--Miscellaneous

143.

Job work procedure

144.

Presumption as to documents in certain cases

145.

Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence

146.

Common Portal

147.

Deemed exports

148.

Special procedure for certain processes

149.

Goods and services tax compliance rating

150.

Obligation to furnish information return

151.

Power to call for information

152.

Bar on disclosure of information

153.

Taking assistance from an expert

154.

Power to take samples

155.

Burden of proof

156.

Persons deemed to be public servants

157.

Protection of action taken under this Act

158.

Disclosure of information by a public servant

159.

Publication of information in respect of persons in certain cases

160.

Assessment proceedings, etc., not to be invalid on certain grounds

161.

Rectification of errors apparent on the face of record

162.

Bar on jurisdiction of civil courts

163.

Levy of fee

164.

Power of Government to make rules

165.

Power to make regulations

166.

Laying of rules, regulations and notifications.

167.

Delegation of powers

168.

Power to issue instructions or directions

168A.

Power of Government to extend time limit in special circumstances.

169.

Service of notice in certain circumstances

170.

Rounding off of tax, etc.

171.

Anti-profiteering measure

172.

Removal of difficulties

173.

Amendment of Act 32 of 1994

174.

Repeal and saving

 

Schedule I--Activities to be Treated as Supply Even if made without Consideration

 

Schedule II--Activities [or transactions] to be Treated as Supply of Goods or Supply of Services

 

Schedule III--Activities or Transactions which shall be Treated Neither as a Supply of Goods nor a Supply of Services

 

The Integrated Goods and Services Tax Act, 2017

 

Chapter I--Preliminary

1.

Short title, extent and commencement

2.

Definitions

 

Chapter II--Administration

3.

Appointment of officers

4.

Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances

 

Chapter III--Levy and Collection of Tax

5.

Levy and collection

6.

Power to grant exemption from tax

 

Chapter IV--Determination of Nature of Supply

7.

Inter-State supply

8.

Intra-State supply

9.

Supplies in territorial waters

 

Chapter V--Place of Supply of Goods or Services or Both

10.

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

11.

Place of supply of goods imported into or exported from India

12.

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

13.

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

14.

Special provision for payment of tax by a supplier of online information and database access or retrieval services

 

Chapter VI--Refund of Integrated Tax to International Tourist

15.

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

 

Chapter VII--Zero Rated Supply

16.

Zero rated supply

 

Chapter VIII--Apportionment of Tax and Settlement of Funds

17.

Apportionment of tax and settlement of funds

18.

Transfer of input tax credit

19.

Tax wrongfully collected and paid to Central Government or State Government

 

Chapter IX--Miscellaneous

20.

Application of provisions of Central Goods and Services Tax Act

21.

Import of services made on or after the appointed day

22.

Power to make rules

23.

Power to make regulations

24.

Laying of rules, regulations and notifications

25.

Removal of difficulties

 

The Union Territory Goods and Services Tax Act, 2017

 

Chapter I--Preliminary

1.

Short title, extent and commencement

2.

Definitions

 

Chapter II--Administration

3.

Officers under this Act

4.

Authorisation of officers

5.

Powers of officers

6.

Authorisation of officers of central tax as proper officer in certain circumstances

 

Chapter III--Levy and Collection of tax

7.

Levy and collection

8.

Power to grant exemption from tax

 

Chapter IV--Payment of Tax

9.

Payment of tax

9A.

Utilisation of input tax credit

9B.

Order of utilisation of input tax credit

10.

Transfer of input tax credit

 

Chapter V--Inspection, Search, Seizure and Arrest

11.

Officers required to assist proper

 

Chapter VI--Demands and Recovery

12.

Tax wrongfully collected and paid to Central Government or Union territory Government

13.

Recovery of tax

 

Chapter VII--Advance Ruling

14.

Definitions

15.

Constitution of Authority for Advance Ruling

16.

Constitution of Appellate Authority for Advance Ruling

 

Chapter VIII--Transitional Provisions

17.

Migration of existing tax payers

18.

Transitional arrangements for input tax credit

19.

Transitional provisions relating to job work

20.

Miscellaneous transitional provisions

 

Chapter IX--Miscellaneous

21.

Application of provisions of Central Goods and Services Tax Act

22.

Power to make rules

23.

General power to make regulations

24.

Laying of rules, regulations and notifications

25.

Power to issue instructions or directions

26.

Removal of difficulties

 

The Central Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017

1.

Short title commencement

2.

Extension and amendment of Central Goods and Services Tax Act, 2017

3.

Repeal and saving

 

The Integrated Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017

1.

Short title and commencement

2.

Extension and amendment of Integrated Goods and Services Tax Act, 2017

3.

Repeal and saving

 

The Goods and Services Tax (Compensation to States) Act, 2017

1.

Short title, extent and commencement

2.

Definitions

3.

Projected growth rate

4.

Base year

5.

Base year revenue

6.

Projected revenue for any year

7.

Calculation and release of compensation

8.

Collection of cess

9.

Returns, payments and refunds

10.

Crediting proceeds of cess to Fund

11.

Other provisions relating to cess

12.

Power to make rules

13.

Laying of rules before Parliament

14.

Power to remove difficulties

 

The Schedule

 

The FINANCE (No. 2) Act, 2019

113.

Amendment of notification number G.S.R. 674(E) issued under sub-section (1) of section 11 of Central Goods and Services Tax Act, retrospectively

115.

Amendment of notification number G.S.R. 667(E) issued under subsection (1) of section 6 of Integrated Goods and Services Tax Act, retrospectively.

116.

Amendment of notification number G.S.R. 711(E) issued under sub-section (1) of section 8 of Union Territory Goods and Services Tax Act, retrospectively.

 

The Finance Act, 2020

132.

Retrospective exemption from, or levy or collection of, central tax in certain cases

133.

Retrospective effect to notification issued under clause (ii) of proviso to subsection (3) of section 54 of Central Goods and Services Tax Act

135.

Retrospective exemption from, or levy or collection of, integrated tax in certain cases

139.

Retrospective exemption from, or levy or collection of, Union territory tax in certain cases

 

The Finance Act, 2022

114.

Amendment of notification issued under section 146 of Central Goods and Services Tax Act read with section 20 of Integrated Goods and Services Tax Act, retrospectivley

115.

Amendment of notification issued under sub-sections (1) and (3) of section 50, sub-section (12) of section 54 and section 56 of Central Goods and Services Tax Act, retrospectively

116.

Retrospective exemption from or levy or collection of, central tax in certain cases

117.

Retrospective effect to notification issued under sub-section (2) of section 7 of Central Goods and Services Tax Act

118.

Amendment of notification issued under section 20 of Integrated Goods and Services Tax Act, 2017 read with sub-sections (1) and (3) of section 50, sub-section (12) of section 54 and section 56 of Central Goods and Services Tax Act, retrospectively.

119.

Retrospective exemption from, or levy or collection of, integrated tax in certain cases

120.

Retrospective effect to notification issued under clause (i) of section 20 of Integrated Goods and Services Tax Act read with subsection (2) of section 7 of Central Goods and Services Tax Act

121.

Amendment of notification issued under section 21 of Union Territory Goods and Services Tax Act read with sub-sections (1) and (3) of section 50, sub-section (12) of section 54 and section 56 of Central Goods and Services Tax Act, retrospectively

122.

Retrospective exemption from or levy or collection of, Union territory tax in certain cases

123.

Retrospective effect to notification issued under clause (i) of section 21 of Union Territory Goods and Services Tax Act read with sub-section (2) of section 7 of Central Goods and Services Tax Act

 

The Fifth Schedule

 

The Sixth Schedule

 

The Seventh Schedule

 

The Eighth Schedule

Book 2--GST Rules

Rule

 

 

Central Goods and Services Tax Rules, 2017

 

Chapter I--Preliminary

1.

Short title and Commencement

2.

Definitions

 

Chapter II--Composition Levy

3.

Intimation for composition levy

4.

Effective date for composition levy

5.

Conditions and restrictions for composition levy

6.

Validity of composition levy

7.

Rate of tax of the composition levy

 

Chapter III--Registration

8.

Application for registration

9.

Verification of the application and approval

10.

Issue of registration certificate

10A.

Furnishing of Bank Account Details

10B.

Aadhaar authentication of registered person

11.

Separate registration for multiple places of business within a State or a Union territory

12.

Grant of registration to persons required to deduct tax at source or to collect tax at source

13.

Grant of registration to non-resident taxable person

14.

Grant of registration to a person supplying online information and database access or retrieval services from a place outside India to a non-taxable online recipient

15.

Extension in period of operation by casual taxable person and non-resident taxable person

16.

Suo moto registration

17.

Assignment of Unique Identity Number to certain special entities

18.

Display of registration certificate and Goods and Services Tax Identification Number on the name board

19.

Amendment of registration

20.

Application for cancellation of registration

21.

Registration to be cancelled in certain cases

21A.

Suspension of registration

22.

Cancellation of registration

23.

Revocation of cancellation of registration

24.

Migration of persons registered under the existing law

25.

Physical verification of business premises in certain cases

26.

Method of authentication

 

Chapter IV--Determination of Value of Supply

27.

Value of supply of goods or services where the consideration is not wholly in money

28.

Value of supply of goods or services or both between distinct or related persons, other than through an agent

29.

Value of supply of goods made or received through an agent

30.

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

31.

Residual method for determination of value of supply of goods or services or both

31A.

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

32.

Determination of value in respect of certain supplies

32A.

Value of supply in case where Kerala Flood Cess is applicable

33.

Value of supply of services in case of pure agent

34.

Rate of exchange of currency, other than Indian rupees, for determination of value

35.

Value of supply inclusive of integrated tax, central tax, State tax, Union territory tax

 

Chapter V--Input Tax Credit

36.

Documentary requirements and conditions for claiming input tax credit

37.

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

38.

Claim of credit by a banking company or a financial institution

39.

Procedure for distribution of input tax credit by Input Service Distributor

40.

Manner of claiming credit in special circumstances

41.

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

41A.

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

42.

Manner of determination of input tax credit in respect of inputs or input services and reversal thereof

43.

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

44.

Manner of reversal of credit under special circumstances

44A.

Manner of reversal of credit of Additional duty of Customs in respect of Gold dore bar

45.

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

 

Chapter VI--Tax Invoice, Credit and Debit Notes

46.

Tax invoice

46A.

Invoice-cum-bill of supply

47.

Time limit for issuing tax invoice

48.

Manner of issuing invoice

49.

Bill of supply

50.

Receipt voucher

51.

Refund voucher

52.

Payment voucher

53.

Revised tax invoice and credit or debit notes

54.

Tax invoice in special cases

55.

Transportation of goods without issue of invoice

55A.

Tax Invoice or bill of supply to accompany transport of goods

 

Chapter VII--Accounts and Records

56.

Maintenance of accounts by registered persons

57.

Generation and maintenance of electronic records

58.

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

 

Chapter VIII--Returns

59.

Form and manner of furnishing details of outward supplies

60.

Form and manner of ascertaining details of inward supplies

61.

Form and manner of furnishing of return

61A.

Manner of opting for furnishing quarterly return

62.

Form and manner of submission of statement and return

63.

Form and manner of submission of return by non-resident taxable person

64.

Form and manner of submission of return by persons providing online information and database access or retrieval services

65.

Form and manner of submission of return by an Input Service Distributor

66.

Form and manner of submission of return by a person required to deduct tax at source

67.

Form and manner of submission of statement of supplies through an e-commerce operator

68.

Notice to non-filers of returns

69.

Matching of claim of input tax credit

70.

Final acceptance of input tax credit and communication thereof

71.

Communication and rectification of discrepancy in claim of input tax credit and reversal of claim of input tax credit

72.

Claim of input tax credit on the same invoice more than once

73.

Matching of claim of reduction in the output tax liability

74.

Final acceptance of reduction in output tax liability and communication thereof

75.

Communication and rectification of discrepancy in reduction in output tax liability and reversal of claim of reduction

76.

Claim of reduction in output tax liability more than once

77.

Refund of interest paid on reclaim of reversals

78.

Matching of details furnished by the e-Commerce operator with the details furnished by the supplier

79.

Communication and rectification of discrepancy in details furnished by the e-commerce operator and the supplier

80.

Annual return

81.

Final return

82.

Details of inward supplies of persons having Unique Identity Number

83.

Provisions relating to a goods and services tax practitioner

83A.

Examination of Goods and Services Tax Practitioners

83B.

Surrender of enrolment of goods and services tax practitioner

84.

Conditions for purposes of appearance

 

Chapter IX--Payment of Tax

85.

Electronic Liability Register

86.

Electronic Credit Ledger

86A.

Conditions of use of amount available in electronic credit ledger

87.

Electronic Cash Ledger

88.

Identification number for each transaction

88A.

Order of utilization of input tax credit

 

Chapter X--Refund

89.

Application for refund of tax, interest, penalty, fees or any other amount

90.

Acknowledgement

91.

Grant of provisional refund

92.

Order sanctioning refund

93.

Credit of the amount of rejected refund claim

94.

Order sanctioning interest on delayed refunds

95.

Refund of tax to certain persons

95A.

Refund of taxes to the retail outlets established in departure area of an international Airport beyond immigration counters making tax free supply to an outgoing international tourist

96.

Refund of integrated tax paid on goods [or services] exported out of India

96A.

Export of goods or services under bond or Letter of Undertaking

96B.

Recovery of refund of unutilised input tax credit or integrated tax paid on export of goods where export proceeds not realised

96C.

Bank Account for credit of refund

97.

Consumer Welfare Fund

97A.

Manual filing and processing

 

Chapter XI--Assessment and Audit

98.

Provisional Assessment

99.

Scrutiny of returns

100.

Assessment in certain cases

101.

Audit

102.

Special Audit

 

Chapter XII--Advance Ruling

103.

Qualification and appointment of members of the Authority for Advance Ruling

104.

Form and manner of application to the Authority for Advance Ruling

105.

Certification of copies of advance rulings pronounced by the Authority

106.

Form and manner of appeal to the Appellate Authority for Advance Ruling

107.

Certification of copies of the advance rulings pronounced by the Appellate Authority

107A.

Manual filing and processing

 

Chapter XIII--Appeals and Revision

108.

Appeal to the Appellate Authority

109.

Application to the Appellate Authority

109A.

Appointment of Appellate Authority

109B.

Notice to person and order of revisional authority in case of revision

110.

Appeal to the Appellate Tribunal

111.

Application to the Appellate Tribunal.

113.

Order of Appellate Authority or Appellate Tribunal

114.

Appeal to the High Court

115.

Demand confirmed by the Court

116.

Disqualification for misconduct of an authorised representative

 

Chapter XIV--Transitional Provisions

117.

Tax or duty credit carried forward under any existing law or on goods held in stock on the appointed day

118.

Declaration to be made under clause (c) of sub-section (11) of section 142

119.

Declaration of stock held by a principal and job-worker

120.

Details of goods sent on approval basis

120A.

Revision of declaration in Form GST TRAN-1

121.

Recovery of credit wrongly availed

 

Chapter XV--Anti-Profiteering

122.

Constitution of the Authority

123.

Constitution of the Standing Committee and Screening Committees

124.

Appointment, salary, allowances and other terms and conditions of service of the Chairman and Members of the Authority

125.

Secretary to the Authority

126.

Power to determine the methodology and procedure

127.

Duties of the Authority

128.

Examination of application by the Standing Committee and Screening Committee

129.

Initiation and conduct of proceedings

130.

Confidentiality of information

131.

Co-operation with other agencies or statutory authorities

132.

Power to summon persons to give evidence and produce documents

133.

Order of the Authority

134.

Decision to be taken by the majority

135.

Compliance by the registered person

136.

Monitoring of the order

137.

Tenure of Authority

 

Chapter XVI--E-Way Rules

138.

Information to be furnished prior to commencement of movement of goods and generation of e-way bill

 

ANNEXURE

138A.

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

138B.

Verification of documents and conveyances

138C.

Inspection and verification of goods

138D.

Facility for uploading information regarding detention of vehicle

138E.

Restriction on furnishing of information in PART A of Form GST EWB-01

 

Chapter XVII--Inspection, Search and Seizure

139.

Inspection, search and seizure

140.

Bond and security for release of seized goods

141.

Procedure in respect of seized goods

 

Chapter XVIII--Demands and Recovery

142.

Notice and order for demand of amounts payable under the Act

142A.

Procedure for recovery of due under existing laws

143.

Recovery by deduction from any money owed

144.

Recovery by sale of goods under the control of proper officer

144A.

Recovery of penalty by sale of goods or conveyance detained or seized in transit

145.

Recovery from a third person

146.

Recovery through execution of a decree, etc.

147.

Recovery by sale of movable or immovable property

148.

Prohibition against bidding or purchase by officer

149.

Prohibition against sale on holidays

150.

Assistance by police

151.

Attachment of debts and shares, etc.

152.

Attachment of property in custody of courts or Public Officer

153.

Attachment of interest in partnership

154.

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

155.

Recovery through land revenue authority

156.

Recovery through court

157.

Recovery from surety

158.

Payment of tax and other amounts in instalments

159.

Provisional attachment of property

160.

Recovery from company in liquidation

161.

Continuation of certain recovery proceedings

 

Chapter XIX--Offences and Penalties

162.

Procedure for compounding of offences

 

Integrated Goods and Services Tax Rules, 2017

1.

Short title and commencement

2.

Application of Central Goods and Services Tax Rules

3.

Proportion of value attributable to different States or Union territories, in the case of supply of advertisement services

 

Union Territory Goods and Services Tax (Chandigarh) Rules, 2017

1.

Short title and Commencement

2.

Adaptation of Central Goods and Services Tax Rules, 2017

 

Union Territory Goods and Services Tax (Dadra and Nagar Haveli) Rules, 2017

1.

Short title and Commencement

2.

Adaptation of Central Goods and Services Tax Rules, 2017

 

Union Territory Goods and Services Tax (Daman and Diu) Rules, 2017

1.

Short title and Commencement

2.

Adaptation of Central Goods and Services Tax Rules, 2017

 

Union Territory Goods and Services Tax (Lakshadweep) Rules, 2017

1.

Short title and Commencement

2.

Adaptation of Central Goods and Services Tax Rules, 2017

 

Union Territory Goods and Services Tax (Andaman and Nicobar Islands) Rules, 2017

1.

Short title and Commencement

2.

Adaptation of Central Goods and Services Tax Rules, 2017

 

Goods and Services Tax Compensation Cess Rules, 2017

1.

Short title and commencement

2.

Adaptation of Central Goods and Services Tax Rules, 2017

 

Goods and Services Tax Settlement of Funds Rules, 2017

1.

Short Title and Commencement

2.

Definitions

3.

Electronic transmission of the Reports

4.

Report of Cross-Utilisation and Apportionment of Integrated Tax between Centre (Integrated Tax) and State (State Tax) or Central (Integrated Tax) and Centre (Union Territory Tax)

5.

Report of Cross-Utilisation and Apportionment of Integrated Tax between Centre (Integrated Tax) and Centre (Central Tax)

6.

Report relating to apportionment of Integrated Tax recovered against demand, compounding amount paid and amount deposited for filing appeal between Centre (Central Tax) and State (State Tax) or Centre (Union Territory Tax)

7.

Report relating to apportionment of Integrated Tax amount, where place of supply could not be determined or taxable person making such supply is not identifiable, between Centre (Central Tax) and State (State Tax) or Centre (Union Territory Tax)

8.

Report relating to reduction of amount to be apportioned to Centre (Central Tax) and State (State Tax) or Centre (Union Territory Tax) due to Integrated Tax apportioned earlier but subsequently refunded

9.

Report relating to recovery of various taxes from refunds

10.

Report relating to Consolidated Settlement Register for each State and Union Territory and for the Centre

11.

Other provisions

Book 3--GST Forms

Form

 

 

Central Goods and Services Tax Rules, 2017--Forms

 

Chapter Composition Forms

 

Form GST CMP-01--Intimation to Pay Tax under section 10 (composition levy)

 

Form GST CMP-02--Intimation to pay tax under section 10 (composition levy)

 

Form GST–CMP-03--Intimation of details of stock on date of opting for composition levy

 

Form GST–CMP-04--Intimation/Application for Withdrawal from Composition Levy

 

Form GST CMP-05--Notice for denial of option to pay tax under section 10

 

Form GST CMP-06--Reply to the notice to show cause

 

Form GST CMP-07--Order for acceptance/rejection of reply to show cause notice

 

Form GST CMP-08--Statement for payment of self-assessed tax

 

Chapter Registration Forms

 

Form GST REG-01--Application for Registration

 

Form GST REG-02--Acknowledgment

 

Form GST REG-03--Notice for Seeking Additional Information/Clarification/Documents relating to Application for <<Registration/Amendment/Cancellation >>

 

Form GST REG-04--Clarification/additional information/document for <<Registration/Amendment/Cancellation>>

 

Form GST REG-05--Order of Rejection of Application for <Registration/Amendment/Cancellation/>

 

Form GST REG-06--Registration Certificate

 

Form GST REG-07--Application for Registration as Tax Deductor at source (under section 51) or Tax Collector at source (under section 52)

 

Form GST REG-08--Order of Cancellation of Registration as Tax Deductor at source or Tax Collector at source

 

Form GST REG-09--Application for Registration of Non-Resident Taxable Person

 

Form GST REG-10--Application for registration of person supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person

 

Form GST REG-11--Application for Extension of Registration Period by Casual/Non-Resident Taxable Person

 

Form GST REG-12--Order of Grant of Temporary Registration/Suo Moto Registration

 

Form GST REG-13--Application/Form for grant of Unique Identity Number (UIN) to UN Bodies/Embassies/others

 

Form GST REG-14--Application for Amendment in Registration Particulars

 

Form GST REG-15--Order of Amendment

 

Form GST REG-16--Application for Cancellation of Registration

 

Form GST REG–17--Show Cause Notice for Cancellation of Registration

 

Form GST REG-18--Reply to the Show Cause Notice issued for cancellation for registration

 

Form GST REG-19--Order for Cancellation of Registration

 

Form GST REG-20--Order for dropping the proceedings for cancellation of registration

 

Form GST REG-21--Application for Revocation of Cancellation of Registration

 

Form GST REG-22--Order for revocation of cancellation of registration

 

Form GST REG-23--Show Cause Notice for rejection of application for revocation of cancellation of registration

 

Form GST REG-24--Reply to the notice for rejection of application for revocation of cancellation of registration

 

Form GST REG-25--Certificate of Provisional Registration

 

Form GST REG-26--Application for Enrolment of Existing Taxpayer

 

Form GST REG-27--Show Cause Notice for cancellation of provisional registration

 

Form GST REG-28--Order for cancellation of provisional registration

 

Form GST REG-29--Application for cancellation of Registration of Migrated Taxpayers

 

Form GST REG-30--Form for Field Visit Report

 

[Form GST REG-31--Intimation for Suspension and Notice for Cancellation of Registration

 

Chapter Input Tax Credit Forms

 

Form GST ITC–01--Declaration for Claim of Input Tax Credit under Sub-section (1) of Section 18

 

Form GST ITC-02--Declaration for transfer of ITC in case of sale, merger, demerger, amalgamation, lease or transfer of a business under sub-section (3) of section 18

 

Form GST ITC-02A--Declaration for Transfer of ITC Pursuant to Registration under Sub-section (2) of section 25

 

Form GST ITC–03--Declaration for intimation of ITC reversal/payment of tax on inputs held in stock, inputs contained in semi-finished and finished goods held in stock and capital goods under sub-section (4) of section 18

 

Form GST ITC-04--Details of Goods/Capital Goods Sent to Job Worker and Received Back

 

Chapter Accounts and Records Forms

 

Form GST ENR-01--Application for Enrolment under section 35(2)

 

Form GST ENR-02--Application for obtaining unique common enrolment number

 

Chapter GST Returns Forms

 

Form GSTR-1--Details of outward supplies of goods or services

 

Form GSTR-1A--Details of auto drafted supplies

 

Form GSTR-2--Details of inward supplies of goods or services

 

Form GSTR-2A--Details of auto drafted supplies

 

Form GSTR-2B--Auto-drafted ITC Statement

 

Form GSTR-3--Monthly return

 

Form GSTR–3A--Notice to return defaulter under section 46 for not filing return

 

Form GSTR-3B--Details of Outward and Inward Supplies

 

Form GSTR-4--Return for financial year of registered person who has opted for composition levy or availing benefit of notification No. 02/2019-Central Tax (Rate)

 

Form GSTR-4A--Auto-drafted details for registered person opting for composition levy (Auto-drafted from GSTR-1, GSTR-5 and GSTR-7)

 

Form GSTR-5--Return for Non-resident taxable person

 

Form GSTR-5A--Details of supplies of online information and database access or retrieval services by a person located outside India made to non-taxable persons in India

 

Form GSTR-6--Return for input service distributor

 

Form GSTR-6A--Details of supplies auto-drafted form

 

Form GSTR-7--Return for Tax Deducted at Source

 

Form GSTR 7A--Tax Deduction at Source Certificate

 

Form GSTR–8--Statement for tax collection at source

 

Form GSTR-9--Annual Return

 

Form GSTR-9A--Annual Return (For Composition Taxpayer)

 

Form GSTR-9C--Part A–Reconciliation Statement

 

Form GSTR-10--Final Return

 

Form GSTR–11--Statement of inward supplies by persons having Unique Identification Number (UIN)

 

Chapter GST Practitioner Forms

 

Form GST PCT–01--Application for Enrolment as Goods and Services Tax Practitioner

 

Form GST PCT-02--Enrolment Certificate of Goods and Services Tax Practitioner

 

Form GST PCT-03--Show Cause Notice for disqualification

 

Form GST PCT-04--Order of rejection of enrolment as GST Practitioner

 

Form GST PCT-05--Authorisation/withdrawal of authorisation for Goods and Services Tax Practitioner

 

Form GST PCT-06--Application for Cancellation of Enrolment as Goods and Services Tax Practitioner

 

Form GST PCT-07--Order of Cancellation of Enrolment as Goods and Services Tax Practitioner

 

Chapter Payment of Tax Forms

 

Form GST PMT–01--Electronic Liability Register of Registered Person

 

Form GST PMT–01--Electronic Liability Register of Registered Person

 

Form GST PMT–02--Electronic Credit Ledger of Registered Person

 

Form GST PMT–03--Order for re-credit of the amount to cash or credit ledger on rejection of refund claim

 

Form GST PMT–04--Application for intimation of discrepancy in Electronic Credit Ledger/Cash Ledger/Liability Register

 

Form GST PMT–05--Electronic Cash Ledger

 

Form GST PMT–06--Challan for deposit of goods and services tax

 

Form GST PMT–07--Application for intimating discrepancy relating to payment

 

Form GST PMT–09--Transfer of amount from one account head to another in electronic cash ledger

 

Chapter Refund Forms

 

Form GST RFD-01--Application for Refund

 

Form GST-RFD-01A--Application for Refund (Manual)

 

Form GST-RFD-01B--Refund Order details

 

Form GST RFD-01W--Application for Withdrawal of Refund Application

 

Form GST-RFD-02--Acknowledgment

 

Form GST-RFD-03--Deficiency Memo

 

Form GST-RFD-04--Provisional Refund Order

 

Form GST RFD-05--Payment order

 

Form GST RFD-06--Refund Sanction/Rejection Order

 

Form GST RFD-07--Order for withholding the refund

 

Form GST RFD-08--Notice for rejection of application for refund

 

Form GST RFD-09--Reply to show cause notice

 

Form GST RFD-10--Application for Refund by any specialized agency of UN or any Multilateral Financial Institution and Organization, Consulate or Embassy of foreign countries, etc.

 

Form GST RFD-10B--Application for refund by Duty Free Shops/Duty Paid Shops (Retail outlets)

 

Form GST RFD-11--Furnishing of bond or Letter of Undertaking for export of goods or services

 

Chapter Assessment Forms

 

Form GST ASMT–01--Application for Provisional Assessment under section 60

 

Form GST ASMT–02--Notice for Seeking Additional Information/Clarification/Documents for provisional assessment

 

Form GST ASMT–03--Reply to the notice seeking additional information

 

Form GST ASMT–04--Order of Provisional Assessment

 

Form GST ASMT–05--Furnishing of Security

 

Form GST ASMT–06--Notice for seeking additional information/clarification/documents for final assessment

 

Form GST ASMT–07--Final Assessment Order

 

Form GST ASMT–08--Application for Withdrawal of Security

 

Form GST ASMT–09--Order for release of security or rejecting the application

 

Form GST ASMT–10--Notice for intimating discrepancies in the return after scrutiny

 

Form GST ASMT–11--Reply to the notice issued under section 61 intimating discrepancies in the return

 

Form GST ASMT–12--Order of acceptance of reply against the notice issued under section 61

 

Form GST ASMT–13

 

Form GST ASMT–14--Show Cause Notice for assessment under section 63

 

Form GST ASMT–15

 

Form GST ASMT–16

 

Form GST ASMT–17--Application for withdrawal of assessment order issued under section 64

 

Form GST ASMT–18--Acceptance or Rejection of application filed under section 64(2)

 

Chapter Audit Forms

 

Form GST ADT–01--Notice for conducting audit

 

Form GST ADT–02--Audit Report under section 65(6)

 

Form GST ADT–03--Communication to the registered person for conduct of special audit under section 66

 

Form GST ADT–04--Information of Findings upon Special Audit

 

Chapter Advance Policy Forms

 

Form GST ARA–01--Application Form for Advance Ruling

 

Form GST ARA–02--Appeal to the Appellate Authority for Advance Ruling

 

Form GST ARA–03--Appeal to the Appellate Authority for Advance Ruling

 

Chapter Appeals and Revision Forms

 

Form GST APL–01--Appeal to Appellate Authority

 

Form GST APL–02--Acknowledgment for submission of appeal

 

Form GST APL–03--Application to the Appellate Authority under sub-section (2) of Section 107

 

Form GST RVN–01--Notice under section 108

 

Form GST APL–04--Summary of the demand after issue of order by the Appellate Authority, Revisional Authority, Tribunal or Court

 

Form GST APL–05--Appeal to the Appellate Tribunal

 

Form GST APL–06--Cross-objections before the Appellate Tribunal under sub-section (5) of section 112

 

Form GST APL–07--Application to the Appellate Tribunal under sub-section (3) of Section 112

 

Form GST APL–08--Appeal to the High Court under section 117

 

Chapter Transitional Provisions Forms

 

Form GST TRAN-1--Transitional ITC/Stock Statement

 

Form GST TRAN–2--Details of Inputs held on Stock

 

Chapter E-Way Forms

 

Form GST EWB-01--E-Way Bill

 

Form GST EWB-02--Consolidated E-Way Bill

 

Form GST EWB-03--Verification Report

 

Form GST EWB-04--Report of detention

 

Form GST EWB-05--Application for Unblocking of the Facility for Generation of E-Way Bill

 

Form GST EWB–06--Order for Permitting/Rejecting Application for Unblocking of the Facility for Generation of E-Way Bill

 

Chapter Invoice Forms

 

Form GST INV–1--Format/Schema for e-Invoice

 

Chapter Inspection, Search and Seizure Forms

 

Form GST INS-1--Authorisation for Inspection or Search

 

Form GST INS-02--Order of Seizure

 

Form GST INS-03--Order of Prohibition

 

Form GST INS-04--Bond for Release of Goods Seized

 

Form GST INS-05--Order of Release of Goods/Things of Prishable or Hazardous Nature

 

Chapter Demands and Recovery Forms

 

Form GST DRC–01

 

Form GST DRC-01A--Intimation of tax ascertained as being payable under section 73(5)/74(5)

 

Form GST DRC–02

 

Form GST DRC-03--Intimation of payment made voluntarily or made against the show cause notice (SCN) or statement

 

Form GST DRC–04--Acknowledgement of acceptance of payment made voluntarily

 

Form GST DRC-05--Intimation of conclusion of proceedings

 

Form GST DRC–06--Reply to the Show Cause Notice

 

Form GST DRC–07--Summary of the order

 

Form GST DRC-07A--Summary of the order creating demand under existing laws

 

Form GST DRC–08--Summary of Rectification/Withdrawal Order

 

Form GST DRC-08A--Amendment/Modification of summary of the order creating demand under existing laws

 

Form GST DRC–09--Order for recovery through specified officer under section 79

 

Form GST DRC–10--Notice for Auction under section 79(1)(b) or section 129(6) of the Act

 

Form GST DRC–11--Notice to successful bidder

 

Form GST DRC–12--Sale Certificate

 

Form GST DRC–13--Notice to a third person under section 79(1)(c)

 

Form GST DRC–14--Certificate of Payment to a Third Person

 

Form GST DRC-15--Application Before the Civil Court Requesting Execution for a Decree

 

Form GST DRC–16--Notice for attachment and sale of immovable/movable goods/shares under section 79

 

Form GST DRC–17--Notice for Auction of Immovable/Movable Property under section 79(1)(d)

 

Form GST DRC–18--Certificate Action under Clause (e) of Sub-section (1) Section 79

 

Form GST DRC–19--Application to the Magistrate for Recovery as Fine

 

Form GST DRC–20--Application for Deferred Payment/Payment in Instalments

 

Form GST DRC–21--Order for acceptance/rejection of application for deferred payment/payment in instalments

 

Form GST DRC-22--Provisional attachment of property under section 83

 

Form GST DRC-22A--Application for filing objection against provisional attachment of property

 

Form GST DRC-23--Restoration of provisionally attached property/bank account under section 83

 

Form GST DRC-24--Intimation to Liquidator for recovery of amount

 

Form GST DRC–25--Continuation of Recovery Proceedings

 

Chapter Offences and Penalties Forms

 

Form GST CPD-01--Application for Compounding of Offence

 

Form GST CPD-02--Order for rejection/allowance of compounding of offence

 

Chapter Inspection, Movement, Detention and Release of Goods Forms

 

Form GST MOV-01--Statement of the Owner/Driver/Person in Charge of the Goods and Conveyance

 

Form GST MOV-02--Order for Physical Verification/Inspection of the Conveyance, Goods and Documents

 

Form GST MOV-03--Order of Extention of Time for Inspection Beyond Three Working Days

 

Form GST MOV-04--Physical Verification Report

 

Form GST MOV-05--Release Order

 

Form GST MOV-06--Order of Detention under Section 129 (1) of the Central Goods and Services Tax Act, 2017 and the State/Union Territory Goods And Services Tax Act, 2017/under Section 20 of the Integrated Goods And Services Tax Act, 2017

 

Form GST MOV-07--Notice under Section 129 (3) of the Central Goods And Services Tax Act, 2017 and the State/Union Territory Goods and Services Tax Act, 2017/under Section 20 of the Integrated Goods And Services Tax Act, 2017

 

Form GST MOV-08--Bond for Provisional Release of Goods and Conveyance

 

Form GST MOV-09--Order of Demand of Tax and Penalty

 

Form GST MOV-10--Notice for Confiscation of Goods or Conveyances and Levy of Penalty under Section 130 of the Central Goods and Services Tax Act, 2017 read with the Relevant Provisions of State/Union Territory Goods and Services Tax Act, 2017/The Integrated Goods and Services Tax Act, 2017 and Goods And Services Tax (Compensation to States) Act, 2017

 

Form GST MOV-11--Order of Confiscation of Goods and Conveyance and Demand of Tax, Fine and Penalty

 

Goods and Services Tax Settlement of Funds Rules, 2017 --Forms

 

Chapter Statement of Transfer Forms

 

Report GST STL-01.01--Statement of transfer of funds between Centre and State/UT based on returns, other than returns and information received from Customs authorities

 

Report GST STL-01.02--List of registered persons of the State/UT who have adjusted IGST liability from ITC of SGST/UTGST and CGST

 

Report GST STL-01.03--List of registered persons of the State/UT who have adjusted SGST/UTGST liability from ITC of IGST/UTGST and CGST

 

Report GST STL-01.04--List of persons registered in other State/UT who have made outward inter-State supply, including ISD distribution, to unregistered persons or units of the State/UT (including Online Services supplied to unregistered persons)or taxpayers who have made exports or supplies to SEZ including non-return filers up to specified period

 

Report GST STL-01.05--List of other State/UT registered persons who have made inter-State supply to composition taxable person/Non-resident taxable person/UIN holder of the State/UT

 

Report GST STL-01.06--List of registered persons who have made inter-State inward supplies for which ITC is declared as ineligible including ITC lapsed due to opting into composition scheme

 

Report GST STL-01.07--List of registered persons who have made inter-state inward supplies on which ITC remains unutilized till specified period

 

Report GST STL-01.08--List of registered persons who have made inter-state inward supplies on which ITC remains unutilized till specified period

 

Report GST STL-01.09--List of composition taxable person/UIN holder who have made imports

 

Report GST STL-01.10--List of registered persons who have made import on which ITC is declared as ineligible imports

 

Report GST STL-01.11--List of registered persons who have made import on which ITC remains unutilized till specified period as provided for in section 37,38and 44 of CGST/SGST Act

 

Report GST STL-01.12--List of registered persons who have paid interest on IGST related to returns

 

Report GST STL-02.01--State/UT State/UT wise book adjustment between CGST and IGST based on returns, other than returns and information received from Customs authorities

 

Report GST STL-02.02--List of registered persons who have adjusted CGST liability from ITC of IGST

 

Report GST STL-03.01--Distribution of IGST amount recovered against demand, compounding amount paid and amount deposited for filing appeal

 

Report GST STL-03.02--List of registered persons from whom IGST amount recovered against demand, compounding amount paid and amount deposited for filing appeal

 

Report GST STL-04.01--Distribution of IGST amount recovered against demand, compounding amount paid and amount deposited for filing appeal

 

Report GST STL-04.2--List of taxable persons from whom IGST has been collected and place of supply could not be known

 

Report GST STL-04.3--Distribution of IGST that has been collected where taxable person is not known

 

Report GST STL-05.01--State wise consolidated statement showing a summary wherein Integrated Tax paid by taxpayer has already been apportioned but subsequently the liability of Integrated tax of the taxpayer is reduced due to various provisions of the CGST Act, SGST Act and UTGST Act leading to a reduction in amount to be apportioned to Centre (Central Tax) and from State (State Tax)/Centre (Union Territory Tax)

 

Report GST STL-05.02--List of registered taxpayers who had made inter State supply of goods or services or both and the said Integrated Tax was already apportioned as per provisions of section 17(2) of the IGST Act as the supply was not eligible for credit as per section 17 of CGST Act, SGST Act and section 21 of UTGST Act. The demand was subsequently reduced due to issuance of credit notes/ISD Credit notes to taxpayers for the said supply

 

Report GST STL-05.03--List of registered taxpayers who had paid Integrated Tax and the said Integrated Tax was already apportioned as the supply was made to composition dealers, and whose demand was subsequently reduced due to issuance of credit notes to composition taxpayers

 

Report GST STL-05.04--List of registered taxpayers who had paid Integrated Tax and the said Integrated Tax was already apportioned as the supply was made to unregistered persons, and whose demand was subsequently reduced due to issuance of credit notes to un-registered persons

 

Report GST STL-05.05--List of registered taxpayers who had paid Integrated Tax and the said Integrated Tax was already apportioned, and whose demand was subsequently reduced due to refund of pre-deposit and interest

 

Report GST STL-05.06--Reduction due to interest apportioned earlier on account of mismatch of ITC/Credit Note but now reclaimed (List of taxpayers)

 

Report GST STL-05.07--Reduction due to inter-State inward supplies for which ITC was declared as ineligible but now becomes eligible (List of taxpayers)

 

Report GST STL-05.08--Reduction due to inter-State inward supplies for which ITC was declared as ineligible but now becomes eligible (List of taxpayers)

 

Report GST STL-05.09--List of registered taxpayers where the liability of payment of Integrated Tax is reduced due to an amendment in the amount payable after the payment on account of rectification of return or who have claimed refund of supplies or any other reduction

 

Report GST STL-06.01--Settlement between Centre and State/UT on account of recovery made out of refund

 

Report GST STL-07.01--Consolidated Settlement Register for State/UT

 

Report GST STL-07.02--Consolidation Settlement Register for Centre (Book adjustment between CGST, IGST or Cess)

 

 

Book 4--Frequently Asked Questions (FAQs)

 

Part I--General FAQs on GST

1.

Frequently Asked Questions on Goods and Services Tax

 

1. Overview of Goods and Services Tax (GST)

Q1.

What is Goods and Services Tax (GST)?

Q2.

What exactly is the concept of destination based tax on consumption?

Q3.

Which of the existing taxes are proposed to be subsumed under GST?

Q4.

What principles were adopted for subsuming the above taxes under GST?

Q5.

Which are the commodities which have been kept outside the purview of GST?

Q6.

What is the status in respect of taxation of above commodities after introduction of GST?

Q7.

What is the status of Tobacco and Tobacco products under the GST regime?

Q8.

What type of GST is proposed to be implemented?

Q9.

Why is Dual GST required?

Q10.

Which authority will levy and administer GST?

Q11.

Why was the Constitution of India amended recently in the context of GST?

Q12.

How a particular transaction of goods and services would be taxed simultaneously under Central GST (CGST) and State GST (SGST)?

Q13.

What are the benefits which the Country will accrue from GST?

Q14.

What is IGST?

Q15.

Who will decide rates for levy of GST?

Q16.

What would be the role of GST Council?

Q17.

What is the guiding principle of GST Council?

Q18.

How are decisions be taken by GST Council?

Q19.

Who is liable to pay GST under the proposed GST regime?

Q20.

What are the benefits available to small tax payers under the GST regime?

Q21.

How will the goods and services be classified under GST regime?

Q22.

What is the scope of composition scheme under GST?

Q23.

What is GSTN and its role in the GST regime?

Q24.

How are the disputes going to be resolved under the GST regime?

Q25.

What is the purpose of Compliance rating mechanism?

Q26.

Whether actionable claims liable to GST?

Q27.

Whether transaction in securities be taxable in GST?

Q28.

What is the concept of Information Return?

Q29.

Different companies have different types of accounting software packages and no specific format are mandated for keeping records. How will department be able to read into these complex software?

Q30.

Is there any provision in GST for tax treatment of goods returned by the recipient?

Q31.

What is Anti-Profiteering measure?

Q32.

What tax will be levied on goods manufactured but not cleared from factory before 1-7-2017?

Q33.

Is there any provision for cross empowerment of officers of State and Central Government under GST?

 

2. Levy of and Exemption from Tax

Q1.

Where is the power to levy GST derived from?

Q2.

What is the taxable event under GST?

Q3.

Whether supplies made without consideration will also come within the purview of supply under GST?

Q4.

Will activities of charitable institutions be taxable under GST?

Q5.

Who can notify a transaction to be supply of goods or services?

Q6.

What are composite supply and mixed supply? How are these two different from each other?

Q7.

What is the treatment of composite supply and mixed supply under GST?

Q8.

Are all goods and services taxable under GST?

Q9.

Does the GST Law empower the Government to exempt supplies from the levy of GST?

Q10.

When exemption from whole of tax on goods or services or both has been granted absolutely, can a person pay tax?

Q11.

What is meant by Reverse Charge?

Q12.

Is the reverse charge mechanism applicable only to services?

Q13.

What are the supplies of goods under RCM?

Q14.

What will be the implications in case of receipt of supply from unregistered persons?

Q15.

Whether the amount required to be deposited as advance tax while taking registration as a casual taxable person (CTP) should be 100% of the estimated gross tax liability or the estimated tax liability payable in cash should be calculated after deducting the due eligible ITC which might be available to CTP?

Q16.

Can any person other than the supplier or recipient be liable to pay tax under GST?

 

2.1 Composition Levy

Q17.

What is the composition levy under GST?

Q18.

What is the rate of composition levy?

Q19.

What is the eligibility category for opting for composition levy? Which are the Special Category States in which the turnover limit for Composition Levy for CGST and SGST purpose shall be Rs. 75 lakh?

Q20.

Who are the persons not eligible for composition scheme?

Q21.

Whether service providers can apply for composition scheme?

Q22.

When will a person opting for composition levy pay tax?

Q23.

A person availing composition scheme during a financial year crosses the turnover of Rs. 100 Lakhs/75 Lakhs during the course of the year i.e. say he crosses the turnover of Rs. 100 Lakhs/75 Lakhs in December? Will he be allowed to pay tax under composition scheme for the remainder of the year i.e. till 31st March?

Q24.

How will aggregate turnover be computed for the purpose of composition scheme?

Q25.

Can a person who has opted to pay tax under the composition scheme avail Input Tax Credit on his inward supplies?

Q26.

Can a registered person, who purchases goods from a taxable person paying tax under the composition scheme, take credit on purchases made from the composition dealer?

Q27.

Can a person paying tax under the composition scheme issue a tax invoice under GST?

Q28.

Is monthly return required to be filed by the person opting to pay tax under the composition scheme?

Q29.

What are the basic information that need to be furnished in GSTR 4?

Q30.

How to fill the GSTR-4 form?

Q31.

How should a person who opts in or opts out of composition scheme file returns?

Q32.

A person opting to pay tax under the composition scheme receives inputs/input services from an unregistered person. Will the composition dealer have to pay GST under reverse charge? If yes, in what manner?

Q33.

What is the form in which an intimation for payment of tax under composition scheme needs to be made by the taxable person?

Q34.

A person registered under existing law (Central Excise/Service Tax/VAT) and who has been granted registration on a provisional basis wants to opt for composition scheme. How and when can he do that?

Q35.

What if such persons granted provisional registration, gives an intimation to opt for composition levy after the appointed date?

Q36.

What are the other compliances which a provisionally registered person opting to pay tax under the composition levy need to make?

Q37.

Can a person making application for fresh registration under GST opt for composition levy at the time of making application for registration?

Q38.

Can the option to pay tax under composition levy be exercised at any time of the year?

Q39.

Can a person who has already obtained registration, opt for payment under composition levy? If so, how?

Q40.

What are the compliances from ITC reversal point of view that need to be made by a person opting for composition levy?

Q41.

In case a person has registration in multiple states? Can he opt for payment of tax under composition levy only in one state and not in other state?

Q42.

What is the effective date of composition levy?

Q43.

What are the conditions and restrictions subject to which a person is allowed to avail of composition levy?

Q44.

What is the validity of composition levy?

Q45.

Can a person paying tax under composition levy, withdraw voluntarily from the scheme? If so, how?

Q46.

What action can be taken by the proper officer for contravention of any provisions of composition levy and how?

Q47.

In case the option to pay tax under composition levy is denied by the proper officer, can the person avail ITC on stock after denial?

Q48.

Will withdrawal intimation in any one place be applicable to all places of business?

 

3. Registration

Q1.

What is advantage of taking registration in GST?

Q2.

Can a person without GST registration claim ITC and collect tax?

Q3.

What will be the effective date of registration?

Q4.

Who are the persons liable to take a Registration under the GST Law?

Q5.

What is aggregate turnover?

Q6.

Which are the cases in which registration is compulsory?

Q7.

Whether a person exclusively engaged in supplies which are under reverse charge mechanism need to register in GST?

Q8.

What is the time limit for taking a Registration under GST?

Q9.

If a person is operating in different states, with the same PAN number, whether he can operate with a single Registration?

Q10.

Can a person obtain multiple registrations in a State?

Q11.

Whether a company having a SEZ unit or developer need to have separate registration?

Q12.

Is there a provision for a person to get himself voluntarily registered though he may not be liable to pay GST?

Q13.

Is possession of a Permanent Account Number (PAN) mandatory for obtaining a Registration?

Q14.

Whether the Department through the proper officer, can suo moto proceed to register a Person under this Act?

Q15.

What is the procedure for suo moto registration?

Q16.

What is the effective date of such suo moto registrations?

Q17.

Will such suo moto registrations be final registrations?

Q18.

Whether the proper officer can reject an Application for Registration?

Q19.

Whether the Registration granted to any person is permanent?

Q20.

Will the address of business premises mentioned in the application for registration be verified physically by the department?

Q21.

Is it necessary for the UN bodies to get registration under GST?

Q22.

Certain entities are required to obtain Unique Identity Numbers (UIN). How will such UIN's be issued?

Q23.

What is the responsibility of the taxable person supplying to UN bodies?

Q24.

Who is a Casual Taxable Person?

Q2 5.

Who is a Non-resident Taxable Person?

Q26.

What is the validity period of the Registration certificate issued to a Casual Taxable Person and non- Resident Taxable person?

Q27.

Is there any Advance tax to be paid by a Casual Taxable Person and Non-resident Taxable Person at the time of obtaining registration under this Special Category?

Q28.

A casual taxable person/non-resident taxable person has to make advance deposit of tax. Will such persons have to wait till grant of registration to deposit Advance Tax?

Q29.

What is the difference between casual and non-resident taxable persons?

Q30.

Who is an ISD?

Q31.

Will ISD be required to be separately registered other than the existing tax payer registration?

Q32.

Can a tax payer have multiple ISDs?

Q33.

What could be the liabilities (in so far as registration is concerned) on transfer of a business?

Q34.

Whether all assesses/dealers who are already registered under existing central excise/service tax/vat laws will have to obtain fresh registration?

Q35.

Whether the job worker will have to be compulsorily registered?

Q36.

Whether the goods will be permitted to be supplied from the place of business of a job worker?

Q37.

At the time of registration will the assessee have to declare all his places of business?

Q38.

Is there any system to facilitate smaller dealers or dealers having no IT infrastructure?

Q39.

Is there any facility for digital signature in the GSTN registration?

Q40.

How will a person desirous of becoming a GST Practitioner apply?

Q41.

Whether a GST Practitioner need to register separately under GST?

Q42.

What will be the time limit for the decision on the on line registration application?

Q43.

What will be the time of response by the applicant if any query is raised in the online application?

Q44.

What is the process of refusal of registration?

Q45.

Will there be any communication related to the application disposal?

Q46.

Can the registration certificate be downloaded from the GSTN portal?

 

3.1 Amendment of Registration

Q47.

Whether Amendments to the Registration Certificate is permissible?

Q48.

How can an application for amendment of registration be made?

Q49.

Is the approval of proper officer mandatory for making amendments in registration?

Q50.

Is there any time limit for approving amendment by the proper officer?

Q51.

What is the procedure to be followed by the proper officer for approving/rejecting such requests for amendment?

Q52.

What happens if the proper officer fails to take any action on the application for amendment?

 

3.2 Cancellation of Registration

Q53.

Whether Cancellation of Registration Certificate is permissible?

Q54.

What if the period of 30 days of the occurrence of the event warranting the cancellation is over?

Q55.

Whether cancellation of Registration under CGST Act means cancellation under SGST Act also?

Q56.

Whether cancellation of registration has any impact on the liabilities of the taxpayers?

Q57.

What are the obligation of a registered person applying for cancellation?

Q58.

Can the proper Officer Cancel the Registration on his own?

Q59.

What happens when the registration is obtained by means of willful mis-statement, fraud or suppression of facts?

Q60.

What is suspension of registration?

Q61.

Can cancellation of registration order be revoked?

Q62.

Can a person who has been migrated provisionally to the GST apply for cancellation of provisional registration on the ground that he is not liable to be registered under GST?

 

4. Meaning and Scope of Supply

Q1.

What is the taxable event under GST?

Q2.

What is the scope of 'supply' under the GST law?

Q3.

What is a taxable supply?

Q4.

What are the necessary elements that constitute supply under CGST/SGST Act?

Q5.

Can a transaction in which any one or more of the above criteria is not fulfilled, be still considered as supply under GST?

Q6.

Import of Goods is conspicuous by its absence in section 7. Why?

Q7.

Are self-supplies taxable under GST?

Q8.

Whether transfer of title and/or possession is necessary for a transaction to constitute supply of goods?

Q9.

What do you mean by "supply made in the course or furtherance of business"?

Q10.

An individual buys a car for personal use and after a year sells it to a car dealer. Will the transaction be a supply in terms of CGST/SGST Act? Give reasons for the answer.

Q11.

A dealer of air-conditioners permanently transfers an air conditioner from his stock in trade, for personal use at his residence. Will the transaction constitute a supply?

Q12.

Whether provision of service or goods by a club or association or society to its members will be treated as supply or not?

Q13.

What are the different types of supplies under the GST law?

Q14.

What are inter-state supplies and intra-state supplies?

Q15.

Whether transfer of right to use goods will be treated as supply of goods or supply of service? Why?

Q16.

Whether Works contracts and Catering services will be treated as supply of goods or supply of services? Why?

Q17.

Whether supply of software would be treated as supply of goods or supply of services under GST law?

Q18.

Whether goods supplied on hire purchase basis will be treated as supply of goods or supply of services? Why?

Q19.

Are there any activities which are treated as neither a supply of goods nor a supply of services?

Q2 0.

What is meant by zero rated supply under GST?

Q21.

Will import of services without consideration be taxable under GST?

Q22.

What is a Composite Supply under CGST/SGST/UTGST Act?

Q23.

How will tax liability on a composite supply be determined under GST?

Q24.

What is a mixed supply?

Q25.

How will tax liability on a mixed supply be determined under GST?

Q26.

Whether retreading of tyres is a supply of goods or services?

Q27.

Whether activity of bus body building, is a supply of goods or services?

Q28.

Whether foods supplied to the patients as part of the healthcare services in hospitals taxable?

Q29.

Is the reverse charge mechanism applicable only to services?

Q30.

What are the supplies of goods under RCM?

Q31.

Whether insurance service is under reverse charge?

 

5. Time of Supply

Q1.

What is time of supply?

Q2.

When does the liability to pay GST arise in respect of supply of goods?

Q3.

When does the liability to pay GST arise in respect of supply of services?

Q4.

What is time of supply in case of supply of vouchers in respect of goods and services?

Q5.

Where it is not possible to determine the time of supply in terms of sub-section (2), (3), (4) of section 12 or that of section 13 of CGST/SGST Act, how will time of supply be determined?

Q6.

What does "date of receipt of payment" mean?

Q7.

Suppose, part advance payment is made or invoice issued is for part payment, whether the time of supply will cover the full supply?

Q8.

What is the time of supply of goods in case of tax payable under reverse charge?

Q9.

What is the time of supply of service in case of tax payable under reverse charge?

Q10.

What is the time of supply applicable with regard to addition in the value by way of interest, late fee or penalty or any delayed payment of consideration?

Q11.

Is there any change in time of supply, where supply is completed prior to or after change in rate of tax?

Q12.

What is the time of supply, where supply is completed prior to change in rate of tax?

Q13.

What is the time of supply, where supply is completed after the change in rate of tax?

Q14.

Let's say there was increase in tax rate from 18% to 20% w.e.f.1-9-2017. What is the tax rate applicable when services provided and invoice issued before change in rate in July, 2017, but payment received after change in rate in September, 2017?

Q15.

Let's say there was increase in tax rate from 18% to 20% w.e.f. 1-9-2017. What is the tax rate applicable when goods are supplied and invoice issued after change in rate in September, 2017, but full advance payment was already received in July, 2017?

Q16.

What is the time period within which invoice has to be issued for supply of Goods?

Q17.

What is the time period within which invoice has to be issued for supply of Services?

Q18.

What is the time period within which invoice has to be issued in a case involving continuous supply of goods?

Q19.

What is the time period within which invoice has to be issued in a case involving continuous supply of services?

Q20.

What is the time period within which invoice has to be issued where the goods being sent or taken on approval for sale?

Q21.

What is the time of supply in respect of supply by an associated enterprise, located outside India?

Q22.

What is the time of supply in case of continuous supply of services?

 

6. Valuation in GST

Q1.

What is the value of taxable supply to be adopted for the levy of GST?

Q2.

What is transaction value?

Q3.

Are there separate valuation provisions for CGST, SGST and IGST and for Goods and Services?

Q4.

Is contract price not sufficient to determine valuation of supply?

Q5.

Is reference to GST Valuation Rules required in all cases?

Q6.

Can the transaction value declared under section 15(1) be accepted?

Q7.

Whether post-supply discounts or incentives are to be included in the transaction value?

Q8.

Whether pre-supply discounts allowed before or at the time of supply are includible in the transaction value?

Q9.

When are the provisions of the Valuation Rules applicable?

Q10.

What are the inclusions specified in section 15(2) which could be added to Transaction Value?

Q11.

How will value be determined where supply is made by a dealer dealing in second hand goods?

Q12.

How will goods re-possessed from defaulting borrowers be valued?

Q13.

How will works contract service provided by a builder/developer to a prospective flat buyer be valued under GST?

Q14.

How will supply of lottery tickets be valued under GST?

Q15.

How will betting and gambling be valued?

Q16.

How will imports be valued?

Q17.

What is an open market value for the purpose of GST?

Q18.

When will open market value become relevant under GST?

Q19.

How will value be determined in cases where the consideration for supply is not wholly in money?

Q20.

What is meant by supply of goods or services of like kind and quality?

Q21.

What does the valuation based on cost mean?

Q22.

What does residual method mean in valuation of supply?

Q23.

Does the Supplier of service must use the cost method if Rule 27 to 29 are not applicable?

Q24.

Who is a related person for the purpose of valuation rules?

Q25.

How will value be arrived at when supply is between related persons or distinct persons as specified in sub-section (4) and (5) of section 25 (other than an agent)?

Q26.

Who is an agent for the purposes of GST?

Q27.

How will supplies between principal and agent and vice versa be valued under GST?

Q28.

What is a del-credere agent?

Q29.

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

Q30.

Where DCA is an agent under Para 3 of Schedule I of the CGST Act and makes payment to the principal on behalf of the buyer and charges interest to the buyer for delayed payment along with the value of goods being supplied, whether the interest will form a part of the value of supply of goods also or not?

Q31.

How will supply of services in relation to purchase or sale of foreign currency, including money changing, be determined under the Valuation Rules?

Q32.

What would be the value of supply of services provided by an Air Travel Agent?

Q33.

How will services in relation to Life Insurance business be valued?

Q34.

How will supplies being made by a person dealing in second hand goods be valued under GST?

Q35.

How will supply of vouchers be valued under GST?

Q36.

Who is a pure agent for the purpose of GST Valuation?

Q37.

Will expenditure and costs incurred by a supplier as a pure agent of the recipient be included in the value of supply made by such supplier to recipient?

 

7. GST Payment of Tax

Q1.

What are the Payments to be made in GST regime?

Q2.

Who is liable to pay GST?

Q3.

When does liability to pay GST arises?

Q4.

What are the main features of GST payment process?

Q5.

How can payment be done?

Q6.

When is payment of taxes to be made by the Supplier?

Q7.

Whether time limit for payment of tax can be extended or paid in monthly installments?

Q8.

What happens if the taxable person files the return but does not make payment of tax?

Q9.

Which date is considered as date of deposit of the tax dues - Date of presentation of cheque or Date of payment or Date of credit of amount in the account of government?

Q10.

What are E-Ledgers?

Q11.

What is a tax liability register?

Q12.

What is a Cash Ledger?

Q13.

What is an ITC Ledger?

Q14.

What is the linkage between GSTN and the authorized Banks?

Q15.

Can a tax payer generate challan in multiple sittings?

Q16.

Can a challan generated online be modified?

Q17.

Is there a validity period of challan?

Q18.

What is a CPIN?

Q19.

What is a CIN and what is its relevance?

Q20.

What is the sequence of payment of tax where that taxpayer has liabilities for previous months also?

Q21.

What does the expression "Other dues" referred to above mean?

Q22.

What is an E-FPB?

Q23.

What is TDS?

Q24.

How will the Supplier account for this TDS? while filing his return?

Q25.

How will the TDS Deductor account for such TDS?

Q26.

What is Tax Collected at Source (TCS)?

Q27.

What does the expression "Net value of taxable supplies" mean?

Q28.

Is the pre-registration of credit card necessary in the GSTN portal for the GST payment?

Q29.

In what manner the liabilities of the registered person are recorded and maintained in the Electronic Liability Register?

Q30.

What are the debits made to the Electronic Liability Register?

Q31.

What are the Credits made to the Electronic Liability Register?

Q32.

In what manner is the electronic cash ledger be maintained?

Q33.

How Credits are made to the Electronic Cash Ledger?

Q34.

What would happen in case after making a deposit the bank account of the registered person is debited but Challan Identification Number (CIN) is not generated?

Q35.

Is there any relaxation to the Over the Counter (OTC) payment limit of Rs. 10,000 and if so to whom does the relaxation apply?

Q36.

What is the validity period of the challan generated for the purpose of making deposit in the Electronic Credit Ledger at the GST common portal?

Q37.

How can an un-registered person required to make a payment under the provisions of the Act, make a payment?

Q38.

What should be done in case the registered person notices some discrepancies in his electronic cash ledger?

Q39.

In case a registered person claims refund of any amount in the electronic cash ledger, how will the process be recorded in the Electronic Cash Ledger?

Q40.

What is an Electronic Credit Ledger?

Q41.

In what manner will the Electronic Credit Ledger be maintained?

Q42.

What will be the debits in the Electronic Credit Ledger?

Q43.

Can the Credit Ledger be re-credited if the refund claim of ITC is rejected?

Q44.

Are there any rules for utilization of ITC from the Electronic Credit Ledger?

Q45.

Are there rules for discharge of tax liability in any particular order?

Q46.

Will all credits and debits made in the ledgers and register be identified and if so how?

 

7.1 TDS Scheme

Q47.

When tax deduction is required to be made in GST?

Q48.

As a DDO I am deducting TDS from salary and also while making payment of other bills under Income Tax Act. Then why should I need to deduct TDS again?

Q49.

Who are liable to deduct TDS?

Q50.

Describe the responsibilities of DDO in TDS under GST to get his/her office registered under GST?

Q51.

Does every Government office require to be registered under GST laws?

Q52.

I am a DDO of a small Government Office. My office has not entered into any contract with any vendor whose taxable value of supply is more than Rs. 2.5 Lakh in the recent past. Do I have to take GST registration for my office?

Q53.

Do I have to pay any Fees for obtaining a GST registration?

Q54.

Is there any printed form for registration which I require to fill up?

Q55.

Is there any need to upload any document to complete the registration process?

Q56.

What types of documents are needed to be uploaded for address proof?

Q57.

To submit my registration application do I always need a DSC?

Q58.

How do I know that I have submitted the application form correctly? What is an ARN?

Q59.

Is this ARN called the GST registration No?

Q60.

How do I know that GSTIN has been generated for my office or not?

Q61.

After getting GSTIN what should I do?

Q62.

As a DDO, I have to enter some personal information to get TDS registration. What will happen if I get transferred? Will I still be responsible for any lapse committed by the DDO who succeeds me?

Q63.

If the new DDO does not amend the details of his predecessor in office whether the ex-DDO would be liable for any lapse done by this new DDO?

Q64.

Is there any threshold exceeding which tax is required to be deducted?

Q65.

Mr. B, a DDO of ABC Office of the Government West Bengal needs to buy stationeries for his office from supplier Mr. C. Should Mr. B deduct tax under GST while making payment to Mr. C?

Q66.

Is there any threshold up to which GST needs not to be deducted?

Q67.

As a deductor am I supposed to deduct GST where the taxable value of the contract entered with supplier Mr. A is Rs. 2.5 Lakh?

Q68.

I have entered into a contract worth Rs. 10 lakh with a supplier XYZ prior to 1-10-2018. Now, I am making a payment of Rs. 1.5 Lakh in respect of an invoice dated 25-10-2018 submitted by the supplier. Should I deduct tax while making payment of Rs. 1.5 Lakh?

Q69.

I have entered into a contract worth Rs. 10 Lakh with a supplier XYZ prior to 1-10-2018. I have made a payment of Rs. 3 Lakhs to him prior to 1-10-2018. Now, I am making payment of the balance amount of Rs. 7 Lakh after 1-10-2018. Should I deduct tax on Rs. 10 Lakh?

Q70.

I enter into a contract with a supplier ABC where the value of taxable supply is Rs. 2 Lakh and payment of Rs. l Lakh has been made on 15-10-2018. Now, on 20-10-2018 the contract value is revised from Rs. 2 Lakh to Rs. 6 Lakh. Am I liable to deduct any tax and if so, on which amount?

Q71.

Mr. A. Roy, a DDO has purchased goods during May, 2018. He could not make payment for such purchase due to shortage of allotment. He is expected to receive allotment only in October, 2018. Is he liable to deduct TDS while making payment in the month of October considering that the purchase was made before October?

Q72.

When should I not deduct tax under GST?

Q73.

Mr. Z, a supplier in West Bengal has issued a Tax Invoice of Rs. 11,800 for supply of goods/services or both worth Rs. 10,000 and GST of Rs. 1,800 to Mr. A of ABC office in West Bengal. What is the value of payment on which Mr. A should deduct TDS during making payment to Mr. Z? Calculate the amount payable to Mr. Z?

Q74.

What is the different nature of supply & what is the rate of deduction?

Q75.

If Supplier A of Maharashtra supplies goods to ABC office in West Bengal, then tax is required to be deducted under which Act?

Q76.

Health Department of WB receives a taxable service from MNO company of WB. What would be the nature of TDS to be deducted here & what would be the rate of deduction?

Q77.

How can I discharge my TDS liability?

Q78.

Payment is made in respect of a single contract whose value of taxable supply is Rs. 3.5 Lakh. Two bills amounting to Rs. 1.5 lakh & Rs. 2 lakh respectively are passed for such payment. Since in respect of both the bills the amount paid does not exceed Rs. 2.5 lakh, I think that no tax is required to be deducted. Am I right?

Q79.

When will a DDO know that his liability for payment has been completed?

Q80.

Can the deductee take action on the TDS credit declared by me?

Q81.

What will happen if the TDS credit entry is rejected by the deductee?

Q82.

Is there any provision of refund to the deductor or the deductee arising on a/c of excess or erroneous deduction made under GST?

Q83.

Who are liable to file return (GSTR-7)?

Q84.

What is the need for filing a return when deposit of TDS has already been made?

Q85.

Mr. S has deducted GST amounting to Rs. 50,000 in the month of Nov'18. He filed return on 16-12-2018. Is he liable to pay a late fee?

Q86.

During October, 2018, I have not deducted any amount of GST. Do I need to file return for the month of October?

Q87.

How can a deductor file Form GSTR-7?

Q88.

Is there any Offline Tool for filing Form GSTR-7?

Q89.

Can the date of filing of Form GSTR-7 be extended?

Q90.

What are the pre-conditions for filing Form GSTR-7?

Q91.

What are the modes of signing Form GSTR-7?

Q92.

Can I preview the Form GSTR-7 before filing?

Q93.

What happens after Form GSTR-7 is filed?

Q94.

Can I file the complete Form GSTR-7 using Offline Utility?

Q95.

What are the features of Form GSTR-7 Offline Utility?

Q96.

From where can I download and use the Form GSTR-7 Offline Utility in my system?

Q97.

Do I need to login to GST Portal to download the Form GSTR-7 Offline Utility?

Q98.

Do I need to login to GST Portal to upload the generated JSON file using Form GSTR-7 Offline Utility?

Q99.

What are the basic system requirements/configurations required to use Form GSTR-7 Offline Tool?

Q100.

Is Offline utility mobile compatible?

Q101.

How many TDS details of the suppliers can I enter in the offline utility?

Q102.

I am a tax deductor. I've made payment for four different products to one of my suppliers. Shall I report each payment in four different rows of the offline utility?

Q103.

I have mistakenly entered rows with the same GSTIN. Should I use the "Delete" option from the dropdown of "Action" column to delete these rows?

Q104.

Can I enter negative or decimal amounts in the offline utility?

Q105.

I've uploaded GSTR-7 JSON File and it was processed without error. Do I need to download the generated file?

Q106.

Mr. A, a DDO has submitted return for the month of November upon payment of liability as shown in such return on 11-12-2018. Is he liable to pay interest?

Q107.

As a DDO I have deducted tax while making payment to various Vendors. I have deposited the amount in the appropriate Government A/c & also filed return within stipulated time. Have I discharged all my liabilities relating to TDS?

Q108.

How can a supplier download the TDS certificate in Form GSTR 7A?

Q109.

How many TDS Certificates are issued per GSTIN?

Q110.

Is the signature of Tax Deductor required in TDS Certificate?

Q111.

Do I as a taxpayer have to file Form GSTR-7A?

Q112.

Can I as a taxpayer (Deductor or Deductee) download and keep a copy of my TDS Certificate for future reference?

Q113.

Being a deductor do I have to fill any form to generate Form GSTR 7A? How can I view Form GSTR-7A?

 

8. Electronic Commerce and Tax Collected at Source

Q1.

What is Electronic Commerce?

Q2.

Who is an e-commerce operator?

Q3.

What is Tax Collection at Source (TCS)?

Q4.

What is the rate of TCS notified by Government?

Q5.

Is it mandatory for e-commerce operator to obtain registration?

Q6.

Whether a supplier of goods or services supplying through e-commerce operator would be entitled to threshold exemption?

Q7.

Whether TCS is required to be collected by e-commerce operators on supply of services by unregistered suppliers through their portal?

Q8.

Whether e-Commerce operator is required to obtain registration in every State/UT in which suppliers listed on their e-commerce platform are located to undertake the necessary compliance as mandated under the law?

Q9.

Foreign e-commerce operator do not have place of business in India since they operate from outside. But their supplier and customers are located in India. So, in this scenario will the TCS provision be applicable to such e-commerce operator and if yes, how will foreign e-commerce operator obtain registration?

Q10.

Is it necessary for e-Commerce operators who are already registered under GST and have GSTIN, to have separate registration for TCS as well?

Q11.

What is meant by "net value of taxable supplies"?

Q12.

Whether value of net taxable supplies to be calculated at gross level or at GSTIN level?

Q13.

Is every e-commerce operator required to collect tax on behalf of actual supplier?

Q14.

At what time should the e-commerce operator collect TCS?

Q15.

Whether TCS to be collected on exempt supplies?

Q16.

Whether TCS to be collected on supplies on which the recipient is required to pay tax on reverse charge basis?

Q17.

Whether TCS is to be collected in respect of supplies made by the composition taxpayer?

Q18.

Whether TCS is to be collected on import of goods or services or both?

Q19.

Is there any exemption on Gold, owing to the fact that rate of GST is only 3% and TCS on it would erode the margin for the seller?

Q20.

Whether payment of TCS through Input Tax Credit of operator for depositing TCS as per section 52 (3) of the CGST Act, 2017 is allowed?

Q21.

It is very common that customers of e-commerce companies return goods. How these sales returns are going to be adjusted?

Q22.

Under section 52, e-commerce operator collects TCS at the net of returns. Sometimes sales return is more than sales and hence can negative amount be reported?

Q23.

What is the time within which such TCS is to be remitted by the e-commerce operator to the Government account?

Q24.

How can actual suppliers claim credit of TCS?

Q25.

How is TCS to be credited in cash ledger? Whether the refund of such TCS credit lying in the ledger would be allowed at par with the refund provisions contained in section 54(1) of the CGST Act, 2017?

Q26.

Is the e-commerce operator required to submit any statement? What are the details that are required to be submitted in the statement?

Q27.

Whether interest would be applicable on non-collection of TCS?

Q28.

What will be the place of supply for e-commerce operator for recharge of talk time of the Telecom Operator/recharge of DTH/in relation to convenience fee charged from the customers on booking of air tickets, rail tickets supplied through its online platform?

Q29.

Under multiple e-commerce model, Customer books a Hotel via ECO-1 who in turn is integrated with ECO-2 who has agreement with the hotelier. In this case, ECO-1 will not have any GST information of the hotelier. Under such circumstances, which e-commerce operator should be liable to collect TCS?

Q30.

Are there any additional powers available to tax officers under this Act?

Q31.

Certain e-commerce operators who have been unable to obtain registration in the month of October, 2018 but have already collected TCS for the said month have expressed challenges in relation to the filing of such details in GTSR-8. It has been asked as to how these details are to be furnished on the common portal?

Q32.

We purchase goods from different vendors and are selling them on our website under our own billing. Is TCS required to be collected on such supplies?

Q33.

The sellers supplying goods through e-Commerce operators (ECO) may have common places of business, especially if their goods are stored in a shared facility operated by the ECO. This will result in the same additional place of business being registered by multiple suppliers. Is this allowed?

Q34.

I am a supplier, supplying my own products through a website hosted by me. Do I fall under the definition of an electronic commerce operator. Am I required to collect TCS on such supplies?

Q35.

There are cases where the ECO does not provide invoicing solution to the seller. In such cases, invoice is generated by the seller and received by the buyer without the ECO getting to know about it. The payment flows through the ECO. In such cases, on what value is TCS to be collected? Can TCS be collected on the entire value of the transaction?

 

9. Job Work

Q1.

What is job work?

Q2.

Whether goods sent by a taxable person to a job worker will be treated as supply and liable to GST? Why?

Q3.

Is a job worker required to take registration?

Q4.

Whether the goods of principal directly supplied from the job worker's premises will be included in the aggregate turnover of the job worker?

Q5.

Can a principal send inputs and capital goods directly to the premises of job worker without bringing it to his premises?

Q6.

Can the principal supply the goods directly from the premises of the job worker without bringing it back to his own premises?

Q7.

Under what circumstances can the principal directly supply goods from the premises of job worker without declaring the premises of job worker as his additional place of business?

Q8.

What are the provisions concerning taking of ITC in respect of inputs/capital goods sent to a job worker?

Q9.

What happens when the inputs or capital goods are not received back or supplied from the place of business of job worker within prescribed time period?

Q10.

Some capital goods like jigs and fixtures are non-usable after their use and normally sold as scrap. What is the treatment of such items in job work provisions?

Q11.

What would be treatment of the waste and scrap generated during the job work?

Q12.

Whether intermediate goods can also be sent for job work?

Q13.

Who is responsible for the maintenance of proper accounts related to job work?

Q14.

Are the provisions of job work applicable to all categories of goods?

Q15.

Is it compulsory that job work provisions should be followed by the principal?

Q16.

Should job worker and principal be located in same State or Union territory?

Q17.

What is the scope of job work. Whether any inputs, other than goods provided by the principal can be used by the job worker for providing job work services?

Q18.

Can a person other than registered person follow the job work procedure under the Act?

Q19.

In case the principal and job worker are located in different states, is it necessary for the job worker to obtain compulsory registration?

Q20.

In case of inter-state movement of goods for job work, is generation of e-way bill necessary? If so by whom?

Q21.

What are the legal/documentary requirements where goods are sent by the principal to only one job worker?

Q22.

What are the legal/documentary requirements where goods are sent by one job worker to another job worker?

Q23.

What are the legal/documentary requirements where goods are returned to the principal by the job worker?

Q24.

What are the legal/documentary requirements where goods are sent directly by the supplier to the job worker?

Q25.

What are the legal/documentary requirements where goods are returned in piecemeal by the job worker?

Q26.

What is the mode and manner in which the principal is required to intimate the details of goods sent for job work?

Q27.

How will liability devolve on the Principal in case inputs or capital goods are neither returned nor supplied from the job workers premises within the stipulated period?

Q28.

What would be the GST implications in case the goods are returned by the job worker after the stipulated period?

Q29.

Whether the value of moulds and dies, jigs and fixtures or tools which have been provided by the principal to the job worker and have been used by the latter for providing job work services would be included in the value of job work services?

Q30.

How would be the time and place of supply be determined, where the supply is made by the principal from the premises of the job worker?

Q31.

Whether independent fabric processors (job workers) in the textile sector supplying job work services are eligible for refund of unutilized input tax credit on account of inverted duty structure under section 54(3) of the CGST Act, 2017, even if the goods (fabrics) supplied are covered under Notification No. 5/2017-Central Tax (Rate) dated 28-6-2017?

 

10. Input Tax Credit

Q1.

What is input tax?

Q2.

What is Input Tax Credit?

Q3.

Can GST paid on reverse charge basis be considered as input tax?

Q4.

Does input tax include tax (CGST/IGST/SGST) paid on input goods, input services and capital goods?

Q5.

Is credit of all input tax charged on supply of goods or services allowed under GST?

Q6.

What are the conditions necessary for obtaining ITC?

Q7.

Whether all particulars necessary in the documents- tax invoice or debit note or such other tax paying documents for claiming ITC?

Q8.

Where the goods against an invoice are received in lots or instalments, how will a registered person be entitled to ITC?

Q9.

Can a person take input tax credit without payment of consideration for the supply along with tax to the supplier?

Q10.

What would happen of the ITC taken by the registered person if he has not paid the consideration along with tax within 180 days from the date of issue of invoice?

Q11.

Can the recipient reclaim the credit; in case he makes the payment any time after 180 days?

Q12.

Is there any time limit for re-claiming the credit where payment is made after 180 days from the date of issue of invoice?

Q13.

Certain supplies mentioned in Schedule I of the Act are deemed to be supplies even if made without consideration. Will the payment within 180 days' rule for credit apply even to such cases?

Q14.

As per section 15(2)(b) of the CGST Act, 2017, any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goods or services or both are added in the value of a supply. In such cases, no consideration is to be paid to the supplier. Whether ITC is available in such cases?

Q15.

Who will get the ITC where goods have been delivered to a person other than taxable person ('bill to '--' ship to 'scenarios)?

Q16.

Who will get the ITC where services are provided by the supplier to a person on the direction of and on account of such registered person?

Q17.

What is the time limit for taking ITC and reasons therefor?

Q18.

Where the registered taxable person has claimed depreciation on the tax component of the cost of capital goods under the provisions of the Income Tax Act,1961, will ITC be allowed in such cases?

Q19.

Is credit of tax paid on every input used for supply of taxable goods or services or both is allowed under GST?

Q20.

A taxable person is in the business of information technology. He buys a motor vehicle for use of his Executive Directors. Can he avail the ITC in respect of GST paid on purchase of such motor vehicle?

Q21.

Sometimes goods are destroyed or lost due to various reasons? Can a person take ITC to the extent of such goods?

Q22.

Can a registered person get ITC with respect of goods or services used for construction of a building for business purposes?

Q23.

What is the ITC entitlement of a newly registered person?

Q24.

What is the eligibility of input tax credit on inputs in stock, input services and capital goods, lying in stock for a person who obtains voluntary registration?

Q25.

Where goods or services or both received by a taxable person are used for effecting both taxable and non-taxable supplies, whether the input tax credit is available to the registered taxable person?

Q26.

If input tax credit is allowed only in respect of goods or services or both for effecting taxable supplies, would it not lead to loss of input tax credit on exempt supplies when exported?

Q27.

A person paying tax under composition scheme crosses the threshold limit and becomes a regular taxable person. Can he avail ITC and if so from what date?

Q28.

Mr. A, a registered person was paying tax under composition scheme upto 30th July, 2017. However, w.e.f. 31st July, 2017, Mr. A becomes liable to pay tax under regular scheme. Is he eligible for ITC?

Q29.

Mr. B applies for voluntary registration on 5th July, 2017 and obtained registration on 22nd July, 2017. Mr. B is eligible for input tax credit on inputs in stock as on?

Q30.

What would happen to the input tax credit availed by a registered person who opts for composition scheme or where the goods or services or both supplied by him become wholly exempt?

Q31.

Is there any restriction on period for availment of ITC?

Q32.

What happens where the details of inward supplies furnished by the recipient do not match with the outward supply details furnished by the supplier in his valid return?

Q33.

What will be the tax impact when capital goods on which ITC has been taken are supplied by taxable person?

Q34.

Whether input tax credit can be taken on payment of tax after adjudication?

Q35.

How can Input Tax Credit be utilized?

Q36.

What are the supplies included in exempt supplies?

Q37.

Where goods or services received by a registered person are used partly for the purpose of business and partly for other purposes, whether the input tax credit is available to the person?

Q38.

Are there any special provisions in respect of banking companies?

Q39.

A banking company or a financial institution including a non-banking financial company engaged in supply of specified services supplies non-business supplies and exempted supplies. How should it avail credit in case it choses the 50% option?

Q40.

Whether input tax credit on motor vehicles admissible?

Q41.

Whether tax paid on repairs, maintenance and insurance of Motor Vehicles used for the purpose of business is eligible for ITC?

Q42.

What would be input tax eligibility in cases where there is a change in the constitution of a registered person?

Q43.

What are the conditions to be fulfilled for transfer of ITC in respect of sale, merger or amalgamation etc.?

Q44.

How to determine the credit attributable to exempt supplies in cases where the inputs/input services are used for effecting exempt as well as taxable supplies?

Q45.

Whether Schedule III activities (Activities considered as neither supply of goods nor supply of services) be considered as exempt supplies in terms of section 17(2) of the CGST Act, 2017?

Q46.

How to determine the credit attributable to non-business purposes where the common inputs/input services are used for non-business as well as business purposes?

Q47.

Whether input tax credit of tax paid on 'works contract service' or on goods or services used for construction of immoveable property (other than plant and machinery)? If yes, to what extent?

Q48.

Whether a non-resident taxable person can take input tax credit of tax paid on goods and services, procured by him locally?

Q49.

Whether the principal can take input tax credit of tax paid on input goods or capital goods, which are not received by him but sent directly to his Job-worker?

Q50.

What are the conditions/restrictions in cases where the inputs or capital goods are sent directly to Job-worker?

 

11. Concept of Input Service Distributor in GST

Q1.

What is Input Service Distributor (ISD)?

Q2.

What are the requirements for registration as ISD?

Q3.

Whether the distributor and the recipient situated in different states can have different PAN number?

Q4.

What are the documents for distribution of credit by ISD?

Q5.

Can an ISD distribute the input tax credit to all suppliers?

Q6.

It is not possible many a times to establish a one-to-one link between quantum of input services used in the course or furtherance of business by a supplier. In such situations, how distribution of ITC by the ISD is to be done?

Q7.

What does the turnover used for ISD cover?

Q8.

Is the ISD required to file return?

Q9.

Can a company have multiple ISD?

Q10.

What are the provisions for recovery of excess/wrongly distributed credit by ISD?

Q11.

Whether CGST and IGST credit can be distributed by ISD as IGST credit to recipients located in different States?

Q12.

Whether SGST/UTGST credit can be distributed as IGST credit by an ISD to recipients located in different States?

Q13.

How are integrated tax, central tax and state tax to be distributed?

Q14.

Whether CGST and SGST can be distributed as SGST and CGST respectively within the states and between the states?

Q15.

How to distribute common credit among all the recipients of an ISD?

Q16.

What are the conditions applicable to Input service distributor to distribute the credit?

Q17.

Whether ineligible credit should be distributed by an ISD?

Q18.

Whether ISD can distribute ITC received in one month in subsequent months?

Q19.

How to determine the amount to be distributed to a recipient by an ISD?

Q20.

How will the input tax credit having already distributed be reversed on issuance of an ISD credit note?

Q21.

Whether the excess credit distributed could be recovered from ISD by the department?

Q22.

What are the consequences of credit distributed in contravention of the provisions of the Act?

 

12. Returns Process

Q1.

What is the purpose of returns?

Q2.

Who needs to file Return in GST regime?

Q3.

What type of outward supply details are to be filed in the return?

Q4.

Do taxpayers with an aggregate turnover less than Rs. 1.5 Crores also need to file GSTR-1 on a monthly basis?

Q5.

Is the scanned copy of invoices to be uploaded along with GSTR-1?

Q6.

Whether all invoices have to be uploaded in the returns?

Q7.

Whether description of each item in the invoice will have to be uploaded?

Q8.

Whether value for each transaction has to be fed in GSTR-1? What if no consideration?

Q9.

What is the status of GSTR-2 and GSTR-3?

Q10.

Do tax payers under the composition scheme also need to file GSTR-1 and GSTR-2?

Q11.

Do Input Service Distributors (ISDs) need to file separate statement of outward and inward supplies with their return?

Q12.

How does a taxpayer get the credit of the tax deducted at source on his behalf? Does he need to produce TDS certificate from the deductee to get the credit?

Q13.

How can taxpayers file their returns?

Q14.

Is it compulsory for a taxpayer to file return by himself?

Q15.

What is the consequence of not filing the return within the prescribed date?

Q16.

What happens if ITC is taken on the basis of a document more than once?

Q17.

What is GSTR-3B?

Q18.

Is there any late fees for late filing of GSTR-3B?

Q19.

How does the taxpayer need to account for Advances in his GSTR-1?

Q20.

What is an annual return?

Q21.

What is the time period for the annual return for which transactions are to be taken?

Q22.

Whether annual return is to be filed GSTIN wise or entity wise?

Q23.

What is final return? What is the need for it?

Q24.

What if the final return is not filed within 90 days of cancellation of registration?

 

13. Assessment and Audit

Q1.

Who is the person responsible to make assessment of taxes payable under the Act?

Q2.

Under what circumstances can provisional assessment be done?

Q3.

In what form and manner should the taxable person make a request for provisional assessment?

Q4.

Can the proper officer ask for additional documents/clarification upon receipt of request for provisional assessment? If so how? Whether he has to issue any order for allowing provisional assessment?

Q5.

Is it mandatory for the applicant to appear before the proper officer in such cases?

Q6.

In what form and manner will the proper officer issue an order of provisional assessment?

Q7.

Is there any time limit within which the order for provisional assessment has to be issued by the proper officer?

Q8.

How should the applicant execute the Bond as per directions given in the order of provisional assessment?

Q9.

While executing the bond, is it necessary for the applicant to execute separate bonds for Central Tax and State Tax?

Q10.

What is the time limit within which the proper officer has to finalize the provisional assessment?

Q11.

What procedure will the proper officer follow for finalizing the provisional assessment?

Q12.

In case the amount of tax determined at the time of final assessment is higher than the tax paid at the time of provisional assessment, should the taxable person pay interest on the entire amount of tax (as finalised) from the initial due date of payment?

Q13.

In case, the tax payable on finalisation is less than the tax actually paid at the time of provisional assessment, how can the taxable person claim refund?

Q14.

After finalization of assessment, how can the taxable person seek release of the security furnished at the time of provisional assessment?

Q15.

In what manner and within what time will the security be released in favour of the applicant?

Q16.

In what manner will returns be scrutinized under GST?

Q17.

What is the time limit for the taxable person to respond to such notice?

Q18.

In case the taxable person accepts the discrepancies, how should he comply?

Q19.

How will the proper officer deal with reply given in Form GST ASMT-11 by the taxable person?

Q20.

In case the taxable person does not agree with the discrepancies communicated nor does he pay tax/interest etc arising out of such discrepancy, what course of action an the proper officer take?

Q21.

How will assessment of non-filers of returns take place under GST?

Q22.

How will assessment of un-registered persons take place under GST?

Q23.

Under what circumstances can a tax officer initiate Summary Assessment?

Q24.

In what manner will a summary assessment order be issued?

Q25.

Is summary assessment order to be necessarily passed against the taxable person?

Q26.

Other than appellate remedy, is there any other recourse available to the taxpayer against a summary assessment order?

Q27.

How can the taxable person make an application for withdrawal of summary assessment order?

Q28.

How will the proper officer respond to the request made in Form GST ASMT-17?

Q29.

Who can conduct audit of taxpayers?

Q30.

Whether any prior intimation is required before conducting the audit?

Q31.

What is the period within which the audit is to be completed?

Q32.

What is meant by commencement of audit?

Q33.

What are the obligations of the taxable person when he receives the notice of audit?

Q34.

What would be the action by the proper officer upon conclusion of the audit?

Q35.

In what manner will an audit under section 65(1) be conducted?

Q36.

Under what circumstances can a special audit be instituted?

Q37.

What is the time limit to submit the audit report?

Q38.

Who will bear the cost of special audit?

Q39.

What action the tax authorities may take after the special audit?

Q40.

What if Audit (Departmental/Compulsory audit by CA) is already conducted or being conducted?

Q41.

In what form and manner will a special audit be ordered and how will the result of such audit be communicated to the taxable person?

Q42.

When does a taxpayer has to get audited compulsorily?

Q43.

Whether the turnover of Rs. 2 crore needs to be taken All India or State wise?

 

13.1 Invoice, Credit and Debit Note

Q44.

What is the significance of Tax Invoice under GST?

Q45.

When should a supplier of goods issue a Tax invoice?

Q46.

When should a supplier of services issue a Tax Invoice?

Q47.

What are the particulars to be mentioned on the invoices which are prescribed by the rules?

Q48.

Are any particular suppliers exempt from any of the above provisions?

Q49.

Are there any special requirements for an invoice meant for export of goods and/or services?

Q50.

When can a registered person not issue a tax invoice?

Q51.

In what manner, should an invoice be issued?

Q52.

What is a Bill of Supply?

Q53.

Who are the persons required to issue a Bill of Supply under GST?

Q54.

What should be the contents of a Bill of Supply?

Q55.

Can issue of a bill of supply be dispensed with in any circumstances?

Q56.

What is a receipt voucher?

Q57.

Who has to issue a receipt voucher under GST?

Q58.

What particulars should be mentioned in the receipt voucher?

Q59.

What should be done in case a receipt voucher is issued, but subsequently no supply takes place?

Q60.

Is a Tax Invoice supposed to be issued only by the supplier of goods/services under GST?

Q61.

What is a payment voucher? When is to be issued?

Q62.

When should an invoice be issued in case of continuous supply of goods?

Q63.

When should an invoice be issue in case of continuous supply of services?

Q64.

In case where supply of services ceases under a contract before completion of the contract, when should an invoice be issued?

Q65.

Can an unregistered person collect GST?

Q66.

Does the term "invoice" include a revised invoice also?

Q67.

Is it mandatory to show tax amount on every invoice?

Q68.

What is a Credit Note?

Q69.

When can a supplier issue a credit note?

Q70.

What is a debit note?

Q71.

When can a supplier issue a debit note?

Q72.

Does the term Debit Note include a supplementary invoice?

Q73.

What should be the contents of a revised invoice?

Q74.

Can an Input Service Distributor (ISD) issue a Invoice or credit note?

Q75.

What should be the contents of an ISD Invoice/Credit Note issued by the ISD?

Q76.

Can a registered person having the same PAN as that of ISD issue an invoice/debit/credit note to the ISD? If so what would be the contents of such an invoice

Q77.

When should delivery challans be issued?

Q78.

What should be the contents of the delivery challan?

Q79.

What is the manner of issuing a delivery challan?

Q80.

When can an invoice cum bill of supply be issued?

Q81.

When should a person in charge of a conveyance be necessarily carrying a Tax Invoice or a bill of supply?

 

13.2 Accounts and Records under GST

Q82.

Whether every registered person is required to maintain records?

Q83.

What are the records that a registered person is mandatorily required to maintain under the GST Act?

Q84.

Where should the registered person keep the records under GST?

Q85.

Can a registered person maintain the records in electronic form?

Q86.

For how long (period of time) should the mandatory records be maintained by the registered person?

Q87.

With respect to stock of goods, which records are required to be maintained by the registered person?

Q88.

Is it necessary for the registered person to keep separate record of advances received?

Q89.

Is it necessary for registered persons to maintain details of tax paid and payable?

Q90.

What are the particulars of suppliers that need to be maintained by the registered person under GST?

Q91.

What would be the consequences if the registered person fails to account for the goods and services in accordance with the provisions of the Act?

Q92.

What are the production accounts, which a manufacturer need to specifically maintain under GST apart from other records?

Q93.

What are the accounts that a service provider need to specially maintain, in addition to other accounts and records?

Q94.

What are the accounts which a person supplying works contract need to maintain?

Q95.

What are the accounts and records that an Agent need to maintain?

Q96.

What are the records that an owner or operator of warehouse or godown or transporters need to maintain under GST Rules?

Q97.

What are the records which a person having custody over the goods in the capacity of a carrier or clearing and forwarding agent need to maintain?

Q98.

Is it necessary to show the records and accounts maintained under these rules to the proper officer?

Q99.

Does any competent authority have the power to relax rules in regard to maintenance of accounts and records?

Q100.

How are mistakes in records to be rectified?

Q101.

Is it necessary for the registered person to get their accounts audited from a professional?

Q102.

In case books of accounts are maintained manually, it is necessary to serially number the books of account?

Q103.

Who will be responsible for keeping proper for the inputs or capital goods sent to Job-worker?

 

13.3 E-Way Bill

Q104.

What is an E Way Bill?

Q105.

What is the common portal for e-way bill?

Q106.

What is consignment value?

Q107.

Whether consignment value of goods shall include tax also? In case of movement other than by way of supply, value may not be available. How to value such cases?

Q108.

What are the benefits of e-way bill?

Q109.

When the e-way bill provisions were implemented?

Q110.

When should an e-way bill be generated?

Q111.

Whether E-way bill need to be generated for all movements of goods?

Q112.

Whether an e-way bill is to be issued, even when there is no supply?

Q113.

Who should generate e-way bill?

Q114.

Who has to generate E-way bill in case of transportation of goods by rail, air or vessel?

Q115.

Who causes movement of goods?

Q116.

Is there any time gap allowed between furnishing information in Part-A and updating transport details in Part-B?

Q117.

Is it mandatory to generate e-way bill? What if not done? What are the consequences for non-issuance of e-way bill?

Q118.

Is e-way bill required when the goods are supplied by an unregistered supplier?

Q119.

What are the reasons for transportation to be furnished in the part A of e-way bill?

Q120.

Whether an unregistered transporter need to compulsorily enroll on the e-way bill system?

Q121.

What is invoice reference number?

Q122.

Can the e-way bill be cancelled if the goods are not transported after generation of e-way bill?

Q123.

What happens if the conveyance is changed en-route?

Q124.

Can the transporter assigned by a supplier or recipient further reassign the e-way bill to another transporter?

Q125.

How does transporter come to know that particular e-way bill has been assigned to him?

Q126.

How does the supplier or recipient come to know about the e-way bills generated on his GSTIN by other person/party?

Q127.

How does the tax payer become transporter in the e-way bill system?

Q128.

How many times can Part-B or Vehicle number be updated for an e-way bill?

Q129.

What is the concept of acceptance of e-way bill by the recipient?

Q130.

What happens if multiple consignments are transported in one conveyance?

Q131.

Many distributors transport goods of multiple customers and know the details of the requirement only at the time of delivery? What to do if name of the consignee is not known?

Q132.

What is the validity period of e-way bill?

Q133.

What is a day for e-way bill? How to count hours/day in e-way bill?

Q134.

Can the validity period of e-way bill be extended?

Q135.

What is the validity period of consolidated e-way bill?

Q136.

Can a e-way bill be modified?

Q137.

Is it necessary to feed information and generate e-way bill electronically in the common portal?

Q138.

What is EBN? Who gives it?

Q139.

Whether e-way bill generated in one state is valid in another state?

Q140.

What if one consignment, is transported in CKD/SKD condition in multiple transport vehicles?

Q141.

Can a transport vehicle be intercepted?

Q142.

Are there any checks and balances on excessive use of power of interception of vehicles and inspection of goods?

Q143.

What is the responsibility of transporters, owners or operators of godown or warehouse?

Q144.

What has to be done by the transporter if consignee refuses to take goods or rejects the goods?

Q145.

What are the documents to be carried by the person in charge of a conveyance while transporting goods?

Q146.

What are RFIDs?

Q147.

Is it necessary that the e-way bill has to be mapped to a RFID device?

Q148.

Are there any special situations where e-way bill needs to be issued even if the value of the consignment is less than Rs. 50,000?

Q149.

Can a tax payer update his business name, address, mobile number or e-mail id in the e-way bill system?

Q150.

What are the modes of e-way bill generation?

Q151.

What is the role of sub-users in e-way bill system? How can sub-users be activated?

Q152.

Whether information submitted for e-way bill can be used for filing GST Returns?

Q153.

Whether individuals while shifting their personal belongings will have to generate E-way bill?

Q154.

Consider a situation where a consignor is required to move goods from City X to City Z. He appoints Transporter A for movement of his goods. Transporter A moves the goods from City X to City Y. For completing the movement of goods i.e. from City Y to City Z, Transporter A now hands over the goods to Transporter B. Thereafter, the goods are moved to the destination i.e. from City Y to City Z by Transporter B. How would the e-way bill be generated in such situations?

Q155.

Consider a situation where a Consignor hands over his goods for transportation on Friday to transporter. But, the assigned transporter starts the movement of goods on Monday. How would the validity of e-way bill be calculated in such situations?

Q156.

Where an invoice is in respect of both goods and services, whether the consignment value should be based on the invoice value (inclusive of value of services) or only on the value of goods. Further, whether HSN wise details of service is also required to be captured in Part A of the e-way bill in such case?

Q157.

What should be the value in e-waybill in case goods are sent on lease basis as the value of machine is much higher than leasing charges?

Q158.

How to handle "Bill to" -- "Ship to" invoice in e-way bill system?

Q159.

What form of e-way bill -- original printout or softcopy need to be carried by the transporter?

 

14. Refunds

Q1.

What are the situations which may give rise to refund under GST?

Q2.

Whether Provisional Refund is allowable for all refunds under GST?

Q3.

Which supplies would be considered as zero rated?

Q4.

The GST Law allows exports to be made under a LUT in all cases. Is this statement true or false?

Q5.

What is the time limit within which provisional refund has to be sanctioned by the proper officer?

Q6.

Can refund of Transitional Credit be claimed as refund of accumulated ITC?

Q7.

When is a deficiency memo issued in respect of a refund claim made under section 54?

Q8.

Can deficiency memo be issued more than once for a refund claim?

Q9.

How can fresh claims be filed pursuant to issuance of deficiency memo?

Q10.

What would happen if exports have been made without submitting any Bond/LUT. Will refund be denied on account of such exports?

Q11.

What are the documents to be submitted along with a refund claim of accumulated ITC on account of export of goods and services without payment of tax?

Q12.

What are the documents to be submitted along with a refund claim of IGST paid on export of services?

Q13.

Whether the claimant will need to produce FIRC/BRC in a claim for refund of ITC on account of export of goods?

Q14.

In case of supplies made to Merchant Exporters, will the supplies so made be treated as zero rated for the supplier?

Q15.

If such supplies are not zero rated, will it mean that the supplier will not be entitled to any refund on such supplies?

Q16.

What is meant by the terms "relevant period" in so far as refund claims under GST are concerned. Is it different from "tax period" defined under the law?

Q17.

Is refund linked to a tax period or relevant period under GST Law?

Q18.

Can the exporter file refund claims by clubbing successive calendar months/quarter or should the claim be filed on a monthly basis?

Q19.

Can refund of taxes paid under existing laws (Central Excise/Service Tax) be made under GST?

Q20.

How will refund claims made under existing laws be dealt with?

Q21.

For Export of goods made under LUT, what is the time period within which proof of export need to be submitted?

Q22.

For Export of services made under LUT, what is the time period within which proof of export need to be submitted?

Q23.

What are the circumstances in which manual filing of refund claims is permitted under GST?

Q24.

What is the form in which manual claims need to be filed?

Q25.

What is the periodicity for filing of refund claims?

Q26.

Can refund claims be filed even if GSTR-1/3B for the particular period has not been filed?

Q27.

Will provisionally accepted ITC be allowed as refund?

Q28.

What is the format in which the undertaking referred to above needs to be filed?

Q29.

What will happen if the refund claim of unutilised ITC is rejected?

Q30.

In respect of deemed export supplies, who can claim refund?

Q31.

What are the documents required to be filed where the claim is on account of deemed exports?

Q32.

What are deemed export supplies?

Q33.

What are the situations in which refund of accumulated ITC is allowed under GST?

Q34.

What are the situations in which refund of accumulated ITC will not be allowed even if it's a case of zero rated supplies or inverted rate structure?

Q35.

Has the Government exercised its powers to curtail refund of ITC in respect of any product/services?

Q36.

Will the above restriction in Q35 (applicable for inverted rate structure refund) apply for zero rated supplies?

Q37.

How will the refund amount be calculated in case of claim of unutilised ITC on account of zero rated supplies?

Q38.

How will the refund amount be calculated in case of claim of unutilised ITC on account of inverted rate structure?

Q39.

What does "Net ITC" mean for the purpose of calculation of refund amount?

Q40.

What does Turnover of zero rated supply of goods mean for the purpose of calculation of refund amount?

Q41.

What does Turnover of zero rated supply of services mean for the purpose of calculation of refund amount?

Q42.

What does Adjusted Total Turnover mean for the purpose of calculation of refund amount?

Q43.

For a claim of refund of IGST paid on export of goods, will the applicant need to file GST RFD-01/01A?

Q44.

Will such refund claims be treated as having been filed when the shipping bill is filed?

Q45.

Who will process/disburse refund of IGST paid on export of goods?

Q46.

What are the validations required for processing refund claim of IGST on export of goods?

Q47.

Can refund of IGST on export of goods be withheld under any circumstances?

Q48.

What are the modalities to be followed when refund is withheld on the request of the jurisdictional Commissioner of Central/State Tax?

Q49.

When will interest become payable in a refund claim?

Q50.

What is the rate of interest notified by the Government for delayed settlement of refund claims?

Q51.

How will an order for payment of interest be made under GST?

Q52.

Does interest become due if it is not paid within 60 days of receipt of application or 60 days of acknowledgement?

Q53.

What is the relevant date within which claim for refund is to be filed?

Q54.

What is the significance of relevant date for the purpose of refund?

Q55.

Does GST law recognize the concept of payment of tax under protest?

Q56.

Can Merchant Exporters or recipient of deemed export supplies claim refund of IGST paid on export of goods (exports made out of supplies received from supporting manufacturer/supplies received under advance/EPCG authorization etc)?

Q57.

Are refunds of IGST on export of goods automated under the GST Law?

Q58.

How will acknowledgment of manual refund claims be given?

Q59.

What are the conditions subject to which provisional refund will be granted?

Q60.

How will provisional refunds be processed?

Q61.

Will provisional refund be granted separately under each head or will it be combined?

Q62.

How will the proper officer satisfy the requirement of condition that the applicant has not been prosecuted for any offence under the Act?

Q63.

How will claims be processed finally after sanction of provisional refund?

Q64.

How will final refund sanction order be issued?

Q65.

Will both SGST and CGST be paid by the same authority?

Q66.

How will communication between Central and State tax authorities take place?

Q67.

Who can file claim refund on account of supply to SEZs?

Q68.

When can the DTA supplier file refund claims on account of supplies made to SEZ units?

Q69.

What supporting documents are required to be filed by the DTA supplier in a refund claim?

Q70.

Whether the DTA supplier would be entitled to provisional refund?

Q71.

How will the amount of claim (of ITC) be calculated?

Q72.

What are the documents to be filed along with the claim of refund on account of deemed exports, if the claim is to be filed by the supplier?

Q73.

What are the documents to be filed along with the claim of refund on account of deemed exports, if the claim is to be filed by the recipient?

Q74.

What will be the eligible amounts for refund in case of deemed exports?

Q75.

In case the supplier claims refund on account of deemed export supplies, will the recipient be eligible for refund of ITC in respect of other inputs/input services which have been used in making zero rated supply?

Q76.

What is the Procedure to be followed in case of Deemed Exports?

Q77.

What is the relevant date for filing of refund claim in case of deemed exports?

Q78.

What are the conditions subject to which supply of goods (to merchant exporters) at concessional rate may be made?

Q79.

What happens if the merchant exporter fails to export such goods?

Q80.

Can the merchant exporter claim refund of ITC in respect of supplies received at concessional rate in terms of Notification 40/2017-Central Tax (Rate), dated 23-10-2017. What about other inputs/input services which have gone into the subject export but which have not been procured under the said notification?

Q81.

How can the supplier to merchant exporter claim refund, since such supplies will not be considered as zero rated supplies?

Q82.

Is the scheme of making supplies to merchant exporters at concessional rate of duty in terms of Notification 40/2017-Central Tax (Rate), dated 23-10-2017 compulsory?

Q83.

Can the merchant exporter export goods (in respect of which concessional rate of duty is availed by the supplier) on payment of IGST and claim refund of IGST?

Q84.

Will refund of Compensation Cess be also admissible under GST?

Q85.

How can refunds of excess balance in the electronic cash ledger be claimed?

Q86.

Is there any time limit within which refund of excess balance in cash ledger need to be submitted?

Q87.

A registered person pays IGST for a supply which is subsequently held to be intra-state. What is the relevant date, within which he has to file a claim for refund of IGST wrongly paid?

Q88.

Interest on delayed payment (if refund is not paid within 60 days from the date of receipt of application) will be paid right from the first date of receipt of claim till the date of payment. Is this statement true?

Q89.

If refund arises on account of finalisation of provisional assessment under GST, will the registered person need to make a separate claim for refund of such amount under section 54 or will it be granted suo moto consequent to finalisation?

Q90.

What is the relevant date within which claim has to be filed for refunds arising as a consequence of finalisation of provisional assessment?

Q91.

What documents need to be submitted along with the claim of refund (for refunds arising as consequence to finalization of provisional assessment)?

Q92.

Is manual filing of claims permitted for refunds arising as a consequence of finalisation of provisional assessment?

Q93.

In case refund claim is filed as a consequence of any Court judgment, when will interest become due?

Q94.

What are the documentary evidences that need to accompany the refund claim, in cases where the claim arises a consequence of any court order or judgement?

Q95.

What is unjust enrichment. Does the concept apply in GST?

Q96.

What is the standard of proof required under GST to demonstrate non-passing of incidence of tax to any other person?

 

14.1 Refunds by UINs

Q97.

Which are the class of persons entitled for refund of GST paid on inward supplies?

Q98.

How can UN bodies claim refund of GST paid on their inward supplies?

Q99.

Who will process the claims for refund filed by UN bodies/Embassies etc?

Q100.

Are there any conditions prescribed in Notification No. 16/2017-Central Tax (Rate), dated 28-6-2017?

Q101.

What is the procedure for filing of refund applications by UIN agencies?

Q102.

How will the refund claims of UIN agencies be processed?

Q103.

Can UIN agencies file refund claims with the proper officer of State Tax?

Q104.

What are the documents required to be submitted by UIN agencies along with refund claims?

Q105.

Will refund be granted if the inward invoices does not bear UIN number of the recipient?

 

15. Demands and Recovery

Q1.

Which are the applicable sections for the purpose of recovery of tax short paid or not paid or amount erroneously refunded or input tax credit wrongly availed or utilized?

Q2.

In what form and manner will the demand notice be issued?

Q3.

What if person chargeable with tax, pays the amount along with interest before issue of show cause notice under section 73?

Q4.

What is the form and manner in which payment of tax/interest/penalty before issue of notice under section 73 or 74 will be communicated by the taxable person?

Q5.

What is the form and manner in which payment of tax/interest/penalty after issue of notice under section 73 or 74 will be communicated by the taxable person?

Q6.

What is the course of action, if the assessee has not paid the tax or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts?

Q7.

What is the time limit for issuance of SCN in light of the above circumstances?

Q8.

How will the taxable person respond to the SCN issued under section 73 or section 74?

Q9.

What is the form and manner in which an order determining tax liability will be issued under section 73 or section 74?

Q10.

After issuance of order, is it necessary for the proper officer to issue a recovery notice?

Q11.

Is there any time limit for adjudication the cases?

Q12.

If notice is issued under section 74 and thereafter the noticee makes payment, is there any need to adjudicate the case?

Q13.

How will rectification of order be done by the proper officer?

Q14.

What are the remedies available to the assessee who have been issued order under section 74 of the CGST Act?

Q15.

What is the time limit for initiation of recovery proceedings under CGST Act, 2017?

Q16.

What is the course of recovery in cases where the tax demand confirmed is enhanced in appeal/revision proceedings?

Q17.

What are the provisions for recovery of the erstwhile dues in respect of default of C.Ex. duties and Service Tax in the GST regime?

Q18.

What are the modes of recovery of tax available to the proper officer?

Q19.

In what manner will the proper officer proceed to recover dues from the amounts owed to the defaulter?

Q20.

What is the procedure for recovery of dues by sale of goods belonging to the defaulter, which is in the control of the proper officer?

Q21.

How will the dues owed by the defaulter be recovered by the proper officer from a third person (a bank, post office, insurer etc.) who holds money on behalf of the defaulter?

Q22.

What will be the consequences, if the third person referred to above, fails to make payment in pursuance of notice issued in Form GST DRC-13?

Q23.

How can the proper officer recover the dues from the amount payable to the defaulter as a consequence of execution of a decree of a civil court?

Q24.

What is the manner in which the proper officer will recover dues from the defaulter by sale of movable or immovable property belonging to the defaulter? (Rule 147)

Q25.

In what manner will a proper officer attach any property in a debt not secured by a negotiable instrument, a share in a corporation, or other movable property not in the possession of the defaulter? (Rule 151)

Q26.

In what manner, will attachment of any property in the custody of courts take place? (Rule 152)

Q27.

How will proper officer attach an interest in partnership of the defaulter? (Rule 153)

Q28.

How will the amounts recovered as proceeds of sale of goods or movable or immovable property be appropriated? (Rule 154)

Q29.

How will the proper officer make recovery of dues of the defaulter through land revenue authority?

Q30.

How will the amount be recovered from the defaulter, if it is to be recovered as a fine imposed under the Code of Criminal Procedure, 1973?

Q31.

Can the amount due from the defaulter be recovered from the surety?

Q32.

Whether the payment of tax dues can be made in instalments?

Q33.

In what manner, will the Commissioner deal with a request for payment of tax and other amounts in instalments? (Rule 158)

Q34.

In what manner will provisional attachment of property take place? (Rule 159)

Q35.

How will notice of tax dues be given to the liquidator in terms of section 88?

Q36.

How will the order for reduction or enhancement of any demand in terms of section 84 be given? (Rule 161)

Q37.

Can recovery of arrears of a person registered in one State be effected from a distinct person located in another state?

 

16. Appeals/Revision

Q1.

Who is an adjudicating authority under GST?

Q2.

Whether any person aggrieved by any order or decision passed against him has the right to appeal?

Q3.

Who is an appellate authority under GST?

Q4.

What is the time limit within which appeals should be filed against any order under GST?

Q5.

Who are the proper officers to whom appeals will lie under GST?

Q6.

Whether appeal can be filed to CGST appellate authority against the order passed by an officer of SGST or vice versa?

Q7.

If the proper officer of CGST passes an order under the CGST Act, can such proper officer issue an order under the corresponding State/UT GST Act?

Q8.

Does the appellate authority have the power to condone any delay beyond three/six months in filing of appeal. If so, what is the period of delay that can be condoned by the appellate authority?

Q9.

Is there any requirement of any pre-deposit for filing of appeal before the Appellate Authority?

Q10.

Whether the appellate authority has any powers to allow additional grounds not specified in the appeal memo?

Q11.

Is there any format in which appeal has to be filed before the appellate authority?

Q12.

If an appeal is filed and pre-deposit made, can the Revenue authorities still proceed and recover the balance amount?

Q13.

Is there any time limit within which the appellate authority has to decide the appeal?

Q14.

Does the appellate authority have the power to remand the case back to the adjudicating authority?

Q15.

Can the appellate authority enhance any fees/penalty/fine in lieu of confiscation or reduce any amount of refund or ITC etc from that contained in the order of the adjudicating authority?

Q16.

Can the appellate authority enhance any tax demand from that contained in the order of adjudicating authority?

Q17.

Who is the Revisional authority under GST?

Q18.

What are the powers of the revisional authority?

Q19.

What are the circumstances in which the revisional authority shall not exercise his power?

Q20.

An order can be taken up for revision within a time period of three years from the date of passing of the original order. Can this time period of 3 years be relaxed under any circumstances?

Q21.

To whom will an appeal lie against the order of the appellate and revisional authority?

Q22.

What is the structure of Tribunal envisaged under GST?

Q23.

What is the jurisdiction of the National (& Regional Benches) & the State (& area benches) of the Tribunal?

Q24.

What would be the composition of National/Regional Bench?

Q25.

What would be the composition of the State/Area Benches?

Q26.

What happens in case of difference of opinion amongst the members of the Bench?

Q27.

What is the time limit within which an aggrieved person should file an appeal before the Tribunal?

Q28.

How can Revenue file appeals against orders of appellate/revisional authority? What is the time limit for filing such appeals by the Revenue?

Q29.

Does the Appellate Tribunal have power to condone the delay in filing appeal/memorandum of cross objections, by the aggrieved person/Revenue. If so, to what extent?

Q30.

What is memorandum of cross objections? What is the time limit for filing memorandum of cross objections before Tribunal?

Q31.

Is there any prescribed form for filing an appeal before the Appellate Tribunal?

Q32.

What are the pre-deposit requirements for an appeal to be heard by the Appellate Tribunal?

Q33.

If the pre-deposit amount becomes refundable to the taxable person as a consequence of the favourable decision in appeal, will any interest be paid on such amount?

Q34.

Does the Tribunal have any power to amend its own order?

Q35.

To which authority will further appeals lie from the order of Appellate Tribunal?

Q36.

What is the time limit within which an appeal has to be filed before the High Court?

Q37.

Against which orders will appeals lie to the Hon'ble Supreme Court?

Q38.

Which are the orders against which no appeal shall lie?

Q39.

In case the aggrieved person prefers an appeal before the High Court/Supreme Court, will the sums due on account of order of Tribunal be payable?

Q40.

Does the Board have the powers to issue directions fixing any monetary limits for filing of appeals?

Q41.

Whether the fee paid by litigants in the Consumer Disputes Redressal Commissions are leviable to GST?

Q42.

What is the concept of authorised representative in GST?

Q43.

How can a taxpayer search for a GST Practitioner?

Q44.

Can a person be disqualified to act as authorised representative?

 

17. Advance Ruling

Q1.

What is the meaning of Advance Ruling?

Q2.

Which are the questions for which advance ruling can be sought?

Q3.

Whether questions relating to place of supply can be asked under Advance Ruling Mechanism?

Q4.

What is the objective of having a mechanism of Advance Ruling?

Q5.

What will be the composition of Authority for advance rulings (AAR) under GST?

Q6.

Is it necessary for a person seeking advance ruling to be registered?

Q7.

At what time an application for advance ruling be made?

Q8.

What is the fees for filing an application before AAR and AAAR?

Q9.

In how much time will the Authority for Advance Rulings have to pronounce its ruling?

Q10.

What is the Appellate authority for advance ruling (AAAR)?

Q11.

How many AAR and AAAR are constituted under GST?

Q12.

To whom will the Advance Ruling be applicable?

Q13.

Whether the advance ruling have precedent value of a judgment of the High Court or the Supreme Court?

Q14.

What is the time period for applicability of Advance Ruling?

Q15.

Can an advance ruling given be nullified?

Q16.

What is the procedure for obtaining Advance Ruling?

Q17.

Under what circumstances will the application for Advance Ruling be compulsorily rejected?

Q18.

What is the procedure to be followed by AAR once the application is admitted?

Q19.

What happens if there is a difference of opinion amongst members of AAR?

Q20.

What are the provisions for appeals against order of AAR?

Q21.

Whether Appeal can be filed before High Court or Supreme Court against the ruling of Appellate Authority for Advance Rulings?

Q22.

Can the AAR & AAAR order for rectification of mistakes in the ruling?

Q23.

Where can one find the orders passed by AA Rs. and AAARs?

 

18. Inspection, Search, Seizure and Arrest

Q1.

What is the meaning of the term "Search"?

Q2.

What is the meaning of the term "Inspection"?

Q3.

Who can order for carrying out "Inspection" and under what circumstances?

Q4.

What are the powers of the proper officer during the search?

Q5.

Whether the person from whose custody any documents are seized is entitled to get the copies thereof?

Q6.

Can the proper officer authorize Inspection of any assets/premises of any person under this section?

Q7.

Who can order for Search and Seizure under the provisions of CGST Act?

Q8.

What is meant by 'reasons to believe'?

Q9.

Is it mandatory that such 'reasons to believe' has to be recorded in writing by the proper officer, before issuing authorization for Inspection or Search and Seizure?

Q10.

What is a Search Warrant and what are its contents?

Q11.

When do goods become liable to confiscation under the provisions of CGST/SGST Act?

Q12.

What powers can be exercised by an officer during valid search?

Q13.

What is the procedure for conducting search?

Q14.

What are the basic requirements to be observed during Search operations?

Q15.

Can a CGST/SGST officer access business premises under any other circumstances?

Q16.

What is meant by the term 'Seizure'?

Q17.

Does GST Act(s) have any power of detention of goods and conveyances?

Q18.

What is the distinction in law between 'Seizure' and 'Detention'?

Q19.

What are the safeguards provided in GST Act(s) in respect of Search or Seizure?

Q20.

What is the time limit for issuance of SCN in respect of seized goods?

Q21.

Can the goods be sold by the department after seizure?

Q22.

Is there any special document required to be carried during transport of taxable goods?

Q23.

What is meant by the term "arrest"?

Q24.

When can the proper officer authorize 'arrest' of any person under CGST/SGST Act?

Q25.

What are the safeguards provided under CGST/SGST Act for a person who is placed under arrest?

Q26.

What are the precautions to be taken during arrest?

Q27.

What are the broad guidelines for arrest followed in CBIC?

Q28.

What is a cognizable offence?

Q29.

What is a non-cognizable offence?

Q30.

What are cognizable and non-cognizable offences under CGST Act?

Q31.

When can the proper officer issue summons under CGST Act?

Q32.

What are the responsibilities of the person so summoned?

Q33.

What can be the consequences of non-appearance to summons?

Q34.

What are the guidelines for issue of summons?

Q35.

What are the precautions to be observed while issuing summons?

Q36.

Are there any class of officers who are required to assist CGST/SGST officers?

Q37.

Is there any prescribed format for arrest memo under the CGST Act, 2017?

Q38.

What are the post arrest procedure?

 

19. Offences, Penalties, Prosecution and Compounding

Q1.

What are the prescribed offences under CGST/SGST Act?

Q2.

What is meant by the term penalty?

Q3.

What are the general disciplines to be followed while imposing penalties?

Q4.

What is the quantum of penalty provided for in the CGST/SGST Act?

Q5.

Is any penalty prescribed for any person other than the taxable person?

Q6.

What is the penalty provided for any contravention for which no separate penalty has been prescribed under CGST/SGST Act?

Q7.

What action can be taken for transportation of goods without valid documents or attempted to be removed without proper record in books?

Q8.

What is the penalty prescribed for a person who opts for composition scheme despite being ineligible for the said scheme?

Q9.

What is meant by confiscation?

Q10.

Under which circumstances can goods be confiscated under CGST/SGST Act?

Q11.

What happens to the goods upon confiscation of goods by the proper officer?

Q12.

After confiscation, is it required to give option to the person to redeem the goods?

Q13.

Can any conveyance carrying goods without cover of prescribed documents be subject to confiscation?

Q14.

What is Prosecution?

Q15.

Which are the offences which warrant prosecution under the CGST/SGST Act?

Q16.

What is the punishment prescribed on conviction of any offence under the CGST/SGST Act?

Q17.

What are cognizable and non-cognizable offences under CGST/SGST Act?

Q18.

Is prior sanction of competent authority mandatory for initiating prosecution?

Q19.

Is 'mensrea' or culpable mental state necessary for prosecution under CGST/SGST Act?

Q20.

What is a culpable state of mind?

Q21.

Can a company be proceeded against or prosecuted for any offence under the CGST/SGST Act?

Q22.

What is meant by compounding of offences?

Q23.

Can offences under CGST/SGST Act be compounded?

Q24.

Are there any monetary limits prescribed for compounding of offence?

Q25.

What is the procedure for compounding of offences?

Q26.

What is the consequence of compounding of an offence under CGST/SGST Act?

 

20. Overview of the IGST Act

Q1.

What is IGST?

Q2.

What are inter-state supplies?

Q3.

How will the Inter-State supplies of Goods and Services be taxed under GST?

Q4.

What are the salient features of the draft IGST Law?

Q5.

What are the advantages of IGST Model?

Q6.

How will imports/exports be taxed under GST?

Q7.

How will the IGST be paid?

Q8.

How will the settlement between Centre, exporting state and importing state be done?

Q9.

What treatment is given to supplies made to SEZ units or developer?

Q10.

Are business processes and compliance requirement same in the IGST and CGST Acts?

 

21. Exports and Imports

21.1

Exports

Q1.

How are exports be treated under GST?

Q2.

What is Zero Rating?

Q3.

How is zero rated supply different from exempted supply?

Q4.

Can a person claim input tax credit in case of export of exempted goods?

Q5.

What is the impact on importer-exporter code(IEC)?

Q6.

What IEC number is to be used for special category of importers like government, individual importing for personal use etc in terms of para 2.07(b) of Handbook of Procedure by DGFT?

Q7.

What is export of goods?

Q8.

What is India in the context of GST?

 

Under Article 1 of the Constitution of India, 'India' is defined as under:

Q9.

What is a State in the context of GST?

Q10.

Can an exporter purchase goods without payment of tax on furnishing of a declaration form?

Q11.

What is the 0.1% scheme for procurement of exports by merchant exporters?

Q12.

What are the provisions for refund of taxes for exporters in GST?

Q13.

Can unutilized input tax credit be allowed as refund to exporters?

Q14.

Will the principle of unjust enrichment apply to exports?

Q15.

What is deemed export under GST Law? Whether any supply has been categorized as deemed export by the Government?

Q16.

What are the documents to be submitted as evidence of supplies as deemed export supplies?

Q17.

When an exporter cannot use the route of payment of IGST and taking refund under Rule 96 of CGST Rules, 2017?

Q18.

What would be the GST rate if the product procured by merchant exporter at 0.1 per cent is further exported on payment of IGST?

Q19.

Can we export under normal procedure without availing the benefit of 0.1 per cent while procuring goods for exports?

Q20.

Can duty credit scrips received as incentive by exporters such as MEIS, SEIS etc be utilised for payment of all duties at the time of import?

Q21.

How can a manufacturer exporter of exempted goods take input stage credit on raw materials used in the manufacture of exported goods?

Q22.

What is the rate of duty on sale of MEIS/SEIS scrips?

Q23.

Whether sale of DFIA scrips liable to GST?

Q24.

Can a person opting for composition scheme make supply of goods to SEZ?

Q25.

An exporter gets an order from a Selling agent to whom he pays commission. Will it be taxable under GST?

Q26.

Whether commission received by a buying agent for helping procuring goods from an exporter is exempted from GST?

Q27.

Does GST be payable on goods not intended to be sold, taken out for participation in overseas exhibitions and trade fairs and brought back into India after exhibition?

Q28.

What is e-wallet scheme?

Q29.

Whether section 16 of the IGST applicable to exports in respect of compensation cess?

 

21.2 Export of Services

Q30.

What is supply of services in the GST?

Q31.

What is location of supplier of service?

Q32.

How is condition 5 viz. the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8 of the IGST Act, 2017 impacts the taxability?

Q33.

Whether supply of services to Nepal and Bhutan in Indian rupees are liable to GST?

Q34.

Whether services supplied by an establishment of a person in India to any establishment of that person outside India, which are treated as establishments of distinct persons in accordance with Explanation 1 in section 8 of the Integrated Goods and Services Tax Act, 2017 taxable?

 

21.3 Duty Drawback Scheme

Q35.

Is there any impact of GST on the Duty Drawback Scheme for exporters?

Q36.

Will drawback at higher rate be available to exporters who do not avail Input Tax Credit (ITC) like presently available to those who do not avail CENVAT credit?

Q37.

Do state taxes also are refunded through duty drawback scheme?

 

21.4 Special Economic Zone (SEZ)

Q38.

How are supplies by and to SEZs treated in GST?

Q39.

What will be the IGST rates when goods or services or both are supplied to SEZ unit?

Q40.

An SEZ unit in Mumbai avails hotel accommodation in Goa. Whether such supply is intra-state or inter-state supply?

Q41.

Whether SEZ unit or developer needs to pay IGST when it received supplies which are under reverse charge mechanism?

Q42.

What is the refund mechanism when a DTA supplier supplies goods/services to SEZ Unit?

Q43.

Whether a DTA supplier has to furnish a Bond or LUT while supplying goods/services without payment of integrated tax?

Q44.

Whether the Bond/LUT by a DTA supplier should be submitted to the Development Commissioner SEZ or the jurisdictional proper officer of GST?

Q45.

What are the requirement for submitting Bond/LUT?

Q46.

Whether Bond/LUT is required to be submitted in case of exempted/non-GST goods?

Q47.

If a DTA supplier is supplying the goods to SEZ unit without payment of integrated tax what will the taxable value as per the format prescribed for SEZ supply?

Q48.

Whether Bank as a nominated agency in the non-processing area of SEZ will be eligible for exemption granted to SEZs?

Q49.

Whether the exemption granted to nominated agency pre GST regime will continue in the post GST regime for importing gold?

Q50.

Can bank recover the IGST rate from the SEZ Unit while supplying gold to the SEZ Unit?

Q51.

Whether services of short term accommodation, conferencing, banqueting etc., provided to a SEZ developer or a SEZ unit shall be treated as an intra or inter-State supply?

Q52.

Whether the benefit of zero rated supply can be allowed to all procurements by a SEZ developer or a SEZ unit such as event management services, hotel and accommodation services, consumables etc.?

Q53.

Whether a company having a unit in SEZ and a unit in DTA require separate registration for both the units?

Q54.

Whether a SEZ unit or SEZ developer procure any goods or services from an unregistered supplier, and whether these will be zero rated supplies?

Q55.

Whether SEZ Act/Rules are aligned with the GST?

Q56.

Whether duty drawback is admissible on supplies by DTA units to SEZs?

 

21.5 Export Oriented Units

Q57.

Whether the exemption granted to EOUs pre GST regime will continue in the post GST regime?

Q58.

Is there any procedural change in import clearance by EOUs post introduction of GST?

Q59.

Can EOUs take input tax credit of the IGST paid on imports?

Q60.

Are EOUs entitled for refund of IGST and what is the time limit for obtaining refund on the IGST paid?

Q61.

Will supply of goods from one EOU to another EOU termed as inter unit transfer and whether the same will attract IGST?

Q62.

What are the conditions for DTA sales by EOUs?

Q63.

Can the EOU use MEIS/SEIS scrips for payment of IGST or CGST?

Q64.

What will be the value to be taken for levy of IGST on goods imported by EOUs?

 

21.6 Imports

Q65.

How will imports be taxed under GST?

Q66.

What is import of goods under the GST regime? How are they taxed?

Q67.

What valuation is to be adopted for levying integrated tax and compensation cess?

Q68.

Whether Anti-dumping duty/safeguard duty are to be added for determining the value for integrated tax?

Q69.

Whether GST is leviable on baggage imports?

Q70.

Please explain the tax treatment of goods imported into India and deposited in a warehouse and sold while in warehouse before clearance from Customs

Q71.

Whether high seas sales treated as supply in GST?

Q72.

How are import of goods and services by EOUs and SEZs treated in GST?

Q73.

What are import of services? How are they treated in GST?

Q74.

As per the Customs Act, 1962, royalty and license fees are includible in the assessable value of goods. Whether GST is also payable on such royalty and license fees which is already included in the value of goods and IGST is already paid at the time of import?

Q75.

What procedure will be followed by EOU to import goods without payment of Customs duty in the GST regime?

Q76.

Is the registered person procuring goods or services from a supplier outside India required to raise a self-invoice, debit note or credit note in respect of the price or value of services and adjustments thereto?

Q77.

An airline imports aircrafts into India on lease basis. Whether integrated tax is to be charged on such supplies as such supplies are supply of services under item 1(b) or 5(f) of Schedule II of the CGST Act?

Q78.

Whether import of rigs and ancillary goods imported under lease is chargeable to IGST?

Q79.

Whether bona fide gifts imported through post or air are exempted?

Q80.

How are supplies by SEZs to DTA treated in GST?

Q81.

Whether imports by UINs are taxable?

Q82.

Whether services provided by the Central Government, State Government, Union territory by way of deputing officers after office hours or on holidays for inspection or container stuffing or such other duties in relation to import export cargo on payment of Merchant Overtime charges are taxable?

 

22. Place of Supply of Goods and Service

Q1.

What is the need for the Place of Supply of Goods and Services under GST?

Q2.

Why are place of supply provisions different in respect of goods and services?

Q3.

What proxies or assumptions in a transaction can be used to determine the place of supply?

Q4.

What is the need to have separate rules for place of supply in respect of B2B (supplies to registered persons) and B2C (supplies to unregistered persons) transactions?

 

22.1 Place of Supply of Goods

Q5.

What would be the place of supply where movement of goods is involved?

Q6.

What would be the place of supply wherein the supplier hands over the goods to recipient in his state and further movement is caused by the recipient?

Q7.

What is the place of supply wherein movement of goods is not involved?

Q8.

What will be the place of supply if the goods are delivered by the supplier to a person on the direction of a third person?

Q9.

What will be the place of supply where the goods or services are supplied on board a conveyance, such as a vessel, an aircraft, a train or a motor vehicle?

Q10.

What is the place of supply in case of assembly or installation of goods at site?

Q11.

What is the place of supply of goods imported into India?

Q12.

What is the place of supply of goods exported from India?

 

22.2 Place of Supply of Services (Location of supplier as well as recipient are in India)

Q13.

What is the default presumption for place of supply in respect of B2B supply of services?

Q14.

What is the default presumption for place of supply in respect of unregistered recipients?

Q15.

What is the place of supply in case of services in relation to immovable property?

Q16.

What is the place of supply in respect of a service of interior decorator in relation to a palace in Nepal by an interior designer from Mumbai to a person from Delhi?

Q17.

The place of supply in relation to immovable property is the location of immovable property. Suppose a road is constructed from Delhi to Mumbai covering multiple states. What will be the place of supply?

Q18.

What is the place of supply of services of accommodation services in homestays in Goa?

Q19.

What would be the place of supply of services provided for organizing an event, say, IPL cricket series which is held in multiple states?

Q20.

What will be the place of supply of goods services by way of transportation of goods, including mail or courier?

Q21.

A film star from Mumbai gets his cosmetic surgery done in a Hospital in Delhi. What should be the place of supply?

Q22.

What will be the place of supply in case of training services provided in Goa?

Q23.

What will be the place of supply of passenger transportation service, if a person travels from Mumbai to Delhi and back to Mumbai?

Q24.

Suppose a ticket/pass for anywhere travel in India is issued by M/s. Air India to a person. What will be the place of supply?

Q25.

What will be the place of supply for mobile connection? Can it be the location of supplier?

Q26.

A person in Goa buys shares from a broker in Delhi on NSE (in Mumbai). What will be the place of supply?

Q27.

A person from Mumbai goes to Kullu-Manali and takes some services from ICICI Bank in Manali. What will be the place of supply?

Q28.

A person from Gurgaon travels by Air India flight from Mumbai to Delhi and gets his travel insurance done separately in Mumbai. What will be the place of supply of insurance service?

Q29.

A person from Gurgaon travels by Air India flight from Mumbai to Delhi and gets his travel insurance done in Mumbai. What will be the place of supply?

 

22.3 Place of Supply of Services (Location of supplier or recipient is outside India)

Q30.

What is the place of supply in respect of goods that are required to be made physically available for providing the service?

Q31.

What is the place of supply of services provided from a remote location using electronic means on goods?

Q32.

Whether supplies by a banking company, or a financial institution, or a non-banking financial company, in Mumbai to its account holders in Dubai can be considered as export of service?

Q33.

Who is an intermediary?

Q34.

What is the place of supply of an intermediary?

Q35.

What would be the place of supply in respect of services pertaining to goods transportation, wherein either the supplier or recipient is located outside India?

Q36.

What would be the place of supply in respect of Online Information and Database Access or Retrieval (OIDAR) Services?

Q37.

Whether the launch service provided by ANTRIX Corporation qualifies to be considered as export of services?

Q38.

What is the place of supply in case of supply of services relating to R&D, technical testing etc. to a person located outside India who sends the goods temporarily into India as the same are required by the supplier to provide the services?

Q39.

How will the place of supply be determined wherein the goods are supplied from the premises of job worker?

 

23. GSTN and Front end Business Process on GST Portal

Q1.

What is GSTN?

Q2.

What was need to create GSTN?

Q3.

What is the genesis of GSTN?

Q4.

What is the equity structure and Revenue Model of GSTN?

Q5.

What services are being rendered by GSTN?

Q6.

What is the interface system between GSTN and the States/CBIC?

Q7.

What is the role of GSTN in registration?

Q8.

What is the role of Infosys in GSTN?

Q9.

What are the basic features of GST common portal?

Q10.

What is the concept of GST Eco-system?

Q11.

What is GSP (GST Suvidha Provider)?

Q12.

What is the role of GST Suvidha Providers (GSP)?

Q13.

What are the benefits to taxpayers in using the GSPs?

Q14.

What are the functions which a taxpayer performs at the GST Common Portal being developed and maintained by GSTN for the taxpayers?

Q15.

What is the role of tax officers from State and Central Govt. in respect of the GST system being developed by GSTN?

Q16.

Can invoice data be uploaded on day to day basis?

Q17.

Does GSTN provide tools for uploading invoice data on GST portal?

Q18.

Does GSTN be provide mobile based Apps to view ledgers and other accounts?

Q19.

Does GSTN provide separate user ID and password for GST Practitioner to enable them to work on behalf of their customers (Taxpayers) without requiring user ID and password of taxpayers, as happens today?

Q20.

Could the tax payer change the GST Practitioner once chosen in above mentioned facility?

Q21.

What material has been provided by GSTN, on various aspects of working on GST portal, for the benefit of taxpayers?

Q22.

Does the return and registration data furnished by the taxpayers on the GST Common Portal remain Confidential? How does GSTN ensure the same?

Q23.

What are the security measures being taken by GSTN to ensure security of the GST system?

 

24. Transitional Provisions

Q1.

Will CENVAT credit (or VAT credit) carried forward in the last return prior to GST under existing law be available as ITC under GST?

Q2.

What are those conditions?

Q3.

A registered person, say, purchases capital goods under the existing law (Central Excise) in the June quarter of 2017-18. Though the invoice has been received within 30th June but the capital goods are received on 5th July, 2017 (i.e. in GST regime). Will such a person get full credit of CENVAT in GST regime?

Q4.

VAT credit was not available on items 'X' & 'Y' as capital goods in the existing law (Central Excise). Since they are covered in GST, can the registered taxable person claim it now?

Q5.

Assuming the registered person has wrongly enjoyed the credit (Refer to Q4) under the existing law, will the recovery be done under the GST Law or the existing law?

Q6.

Give two examples of registered taxable persons who are not liable to be registered under the existing law (Central Excise/VAT) but are required to be registered under GST?

Q7.

Will ITC be allowed to a service provider on VAT paid inputs held as stock on the appointed day?

Q8.

A registered person has excess ITC of Rs. 10, 000 in his last VAT return for the period immediately preceding the appointed day. Under GST he opts for composition scheme. Can he carry forward the aforesaid excess ITC to GST?

Q9.

Sales return under CST (i.e. Central Sales Tax Act) is allowable as deduction from the turnover within six months? If, say, goods are returned in GST regime by a buyer within six months from appointed day, will it become taxable in GST?

Q10.

Shall a manufacturer or a job worker become liable to pay tax if the inputs or semi-finished goods sent for job work under the existing law are returned after completion of job work after the appointed day?

Q11.

What happens if the job worker does not return the goods within the specified time?

Q12.

Can a manufacturer transfer have finished goods sent for testing purpose to the premises of any other taxable person?

Q13.

If finished goods removed from a factory for carrying out certain processes under existing law are returned on or after the appointed day, whether GST would be payable?

Q14.

When tax shall become payable in GST on manufactured goods sent to a Job worker for carrying out tests or any other process not amounting to manufacture under the existing law?

Q15.

Is extension of two months as discussed in section 141 automatic?

Q16.

What is the time limit for issue of debit/credit note(s) for revision of prices?

Q17.

What will be the fate of pending refund of tax/interest under the existing law?

Q18.

What will be fate of any appeal or revision relating to a claim of CENVAT/ITC on VAT which is pending under the existing law? If say, it relates to output liability then?

Q19.

If the appellate or revisional order goes in favour of the assessee, whether refund will be made in GST? What will happen if the decision goes against the assessee?

Q20.

How shall the refund arising from revision of return(s) furnished under the existing law be dealt in GST?

Q21.

If any goods or services are supplied in GST, in pursuance of contract entered under existing law, which tax will be payable?

Q22.

Tax on a particular supply of goods/services is leviable under the existing law. Will GST be also payable if the actual supply is made in GST regime?

Q23.

In pursuance of any assessment or adjudication proceedings instituted, after the appointed day, under the existing law, an amount of tax, interest, fine or penalty becomes refundable. Shall such amount be refundable under the GST law?

Q24.

If services are received by ISD under the earlier law, can the ITC relating to it be distributed in GST regime?

Q25.

Where any goods are sold on which tax was required to be deducted at source under State VAT law and an invoice was also issued before the appointed day, shall deduction of tax at source shall be made under this Act if the payment is made after the appointed day?

Q26.

Goods were sent on approval not earlier than six months before the appointed day but are returned to the seller after 6 months from the appointed day, will tax be payable under GST?

 

25. Anti-profiteering provisions

Q1.

What is profiteering?

Q2.

What is the background to providing statutory provisions on anti-profiteering in GST law?

Q3.

What are the statutory provisions of anti-profiteering in GST law?

Q4.

Is there a sunset clause for Anti-Profiteering law'?

Q5.

What are some of the instances in which the statutory provisions of anti-profiteering will kick in?

Q6.

What is the function of National Anti-Profiteering Authority (NAA)?

Q7.

Should a customer pay extra GST on Maximum Retail Price (MRP) affixed on goods?

Q8.

In cases of over-charging in the name of GST, where can a consumer register his complaint for redressal?

Q9.

In cases of profiteering in the name of GST, what is the complaint redressal mechanism available to the consumer?

Q10.

How can one file complaint against profiteering?

Q11.

Whether one form is sufficient for multiple goods or services?

Q12.

What is the methodology to identify cases of profiteering?

Q13.

What are some of the measures taken by the Consumer Affairs Ministry in the Government of India to check cases of profiteering post implementation of GST?

Q14.

What can buyers do if shopping malls and retail stores are still selling goods at pre-GST affixed labels?

Q15.

How can buyers of under-construction flats benefit from the anti-profiteering provisions?

Q16.

Can action be taken under the anti-profiteering provisions in case benefit of transitional credit availed is not passed to the consumers?

Q17.

What is the time-frame for deciding cases of anti-profiteering provisions?

Q18.

What should a complainant ensure while submitting complaint to Screening Committee/Standing Committee?

Q19.

A company in order to justify the prices being charged by it may have to submit information which could be confidential and may impact its business interest?

Q20.

Where can one access the orders passed by NAA?

 

Part II--Topicwise FAQs on GST

2.

FAQs on Real Estate Sector--Part I

3.

FAQs on Real Estate Sector--Part II

4.

FAQs on GST on Services

5.

FAQs on GST on Co-operative Societies

6.

FAQs on Composition Levy

Q1.

What is composition levy under GST?

Q2.

What is the specified rate of composition levy?

Q3.

What is the eligibility category for opting for composition levy? Which are the Special Category States in which the turnover limit for Composition Levy for Central tax and State tax purpose shall be Rs. 50 lakhs?

Q4.

Who are the persons not eligible for composition scheme?

Q5.

When will a person opting for composition levy pay tax?

Q6.

A person availing composition scheme during a financial year crosses the turnover of Rs. 75 lakhs/50 lakhs during the course of the year i.e. say he crosses the turnover of Rs. 75 lakhs/50 lakhs in December? Will he be allowed to pay tax under composition scheme for the remainder of the year i.e. till 31st March?

Q7.

How will the aggregate turnover be computed for the purpose of composition?

Q8.

Can a person who has opted to pay tax under the composition scheme avail Input Tax Credit on his inward supplies?

Q9.

Can a registered person, who purchases goods from a taxable person paying tax under the composition scheme, avail credit of tax paid on purchases made from the composition dealer?

Q10.

Can a person paying tax under the composition scheme issue a tax invoice under GST?

Q11.

Are monthly returns required to be filed by the person opting to pay tax under the composition scheme?

Q12.

What are the basic information that need to be furnished in GSTR-4?

Q13.

A person opting to pay tax under the composition scheme receives inputs/input services from an unregistered person. Will the composition taxpayer have to pay GST under reverse charge? If yes, in what manner?

Q14.

What is the form in which an intimation for payment of tax under composition scheme needs to be made by the taxable person?

Q15.

A person registered under existing law (Central Excise/Service Tax/VAT) and who has been granted registration on a provisional basis wants to opt for composition scheme. How and when can he do that?

Q16.

What are the other compliances which a provisionally registered person opting to pay tax under the composition levy need to make?

Q17.

Can a person making application for fresh registration under GST opt for composition levy at the time of making application for registration?

Q18.

Can the option to pay tax under composition levy be exercised at any time of the year?

Q19.

Can a person who has already obtained registration, opt for payment under composition levy? If so, how?

Q20.

What are the compliances from ITC reversal point of view that need to be made by a person opting for composition levy?

Q21.

In case a person has registration in multiple states? Can he opt for payment of tax under composition levy only in one state and not in other state?

Q22.

What is the effective date of composition levy?

Q23.

What are the other conditions and restrictions subject to which a person is allowed to avail of composition scheme?

Q24.

What is the validity of composition levy?

Q25.

Can a person paying tax under composition levy, withdraw voluntarily from the scheme? If so, how?

Q26.

What action can be taken by the proper officer for contravention of any provisions of composition levy and how?

Q27.

In case the option to pay tax under composition levy is denied by the proper officer, can the person avail ITC on stock after denial?

Q28.

Will withdrawal intimation in any one place be applicable to all places of business?

Q30.

Can supplier of Services opt for composition levy?

Q31.

What are the penal consequences if a person opts for the composition scheme in violation of the conditions?

Q32.

Can a person paying tax under composition scheme make supplies of goods to SEZ?

Q33.

A registered person has excess ITC of Rs 10, 000/– in his last VAT return for the period immediately preceding the appointed day. Under GST he opts for composition scheme. Can he carry forward the aforesaid excess ITC to GST?

7.

FAQs on Traders

Q1.

How will GST benefit the Trading Community?

Q2.

Will all traders necessarily have to register under GST?

Q3.

Are monthly returns required to be filed by a trader not opting to pay tax under the composition scheme?

Q4.

What is the basic information that needs to be furnished in Form GSTR-1?

Q5.

Under GST, will traders be required to declare their IEC at the time of imports and exports?

Q6.

Can traders get the credit of IGST paid at the time of imports for discharging their domestic liabilities under GST? If yes, how?

Q7.

Is there any scheme for payment of taxes under GST for small traders?

Q8.

What is the eligibility category for opting for composition levy? Which are the Special Category States in which the turnover limit for Composition Levy for CGST and SGST purpose shall be Rs. 50 lakhs?

Q9.

What is the rate of tax under Composition levy?

Q10.

Who are the persons(traders) not eligible for composition scheme?

Q11.

When will a trader have to pay tax?

Q12.

A person availing composition scheme during a financial year crosses the turnover of Rs. 75 Lakhs/Rs. 50 Lakhs during the course of the year i.e. say he crosses the turnover of Rs. 75 Lakhs/Rs. 50 Lakhs in December? Will he be allowed to pay tax under composition scheme for the remainder of the year i.e. till 31st March?

Q13.

How will aggregate turnover be computed for the purpose of composition?

Q14.

Can a person who has opted to pay tax under the composition scheme avail Input Tax Credit on his inward supplies?

Q15.

Can a registered person, who purchases goods from a trader paying tax under the composition scheme, take credit on purchases made from the composition dealer?

Q16.

Are monthly returns required to be filed by the person opting to pay tax under the composition scheme?

Q17.

What is the basic information that need to be furnished in Form GSTR 4?

Q18.

A person opting to pay tax under the composition scheme receives inputs/input services from an unregistered person. Will the composition dealer have to pay GST under reverse charge? If yes, in what manner?

Q19.

What is the form in which an intimation for option to pay tax under composition scheme needs to be made by the taxable person?

Q20.

In case a person has registration in multiple states? Can he opt for payment of tax under composition levy only in one state and not in other state?

Q21.

What is the effective date of composition levy?

Q22.

What are the conditions and restrictions subject to which a person is allowed to avail of composition levy?

Q23.

What is the validity of composition levy?

Q24.

Can a trader having duty paying documents (including a First stage dealer or a second stage dealer) claim the Cenvat credit on the stock held on the appointed date viz. 1st July, 2017?

Q25.

What is a credit transfer document? How can it help the traders?

Q26.

Traders are presently not entitled to take cenvat credit. They will be having duty paid stock as on 1st July, 2017. However, it is possible that the traders may not have duty paid documents in respect of such stock. Is there any scheme under GST, where such traders will be able to get credit of such taxes under GST?

Q27.

Will the compliance process under GST be complicated for traders under GST? What measures have been put in place to ease burden of compliance on small traders?

Q28.

Stock transfers have been made taxable in GST. Will it impact adversely?

Q29.

How will the stock transfers be valued?

Q30.

The traders are not used to classify the goods under the HSN nomenclature and are likely to face hardship in this regard. How will they cope with it?

Q31.

What if a trader/businessman is unable to undertake compliances under GST himself?

8.

FAQs on E-Way Bill Provisions in GST

Q1.

What is an E Way Bill?

Q2.

What is the common portal for e-way bill?

Q3.

What is consignment value?

Q4.

Whether consignment value of goods shall include tax also? In case of movement other than by way of supply, value may not be available? How to value such cases?

Q5.

What are the benefits of e-way bill?

Q6.

When will the e-way bill provisions be implemented?

Q7.

When should an e-way bill be generated?

Q8.

Whether E-way bill need to be generated for all movements of goods?

Q9.

Whether an e-way bill is to be issued, even when there is no supply?

Q10.

Who should generate e-way bill?

Q11.

Who has to generate E-way bill in case of transportation of goods by rail, air or vessel?

Q12.

Who causes movement of goods?

Q13.

Is there any time gap allowed between furnishing information in Part-A and updating transport details in Part-B?

Q14.

Is it mandatory to generate e-way bill? What if not done? What are the consequences for non-issuance of e-way bill?

Q15.

Is e-way bill required when the goods are supplied by an unregistered supplier?

Q16.

What are the reasons for transportation to be furnished in the part A of e-way bill?

Q17.

Whether an unregistered transporter need to compulsorily enroll on the e-way bill system?

Q18.

What is invoice reference number?

Q19.

Can the e-way bill be cancelled if the goods are not transported after generation of e-way bill?

Q20.

What happens if the conveyance is changed en-route?

Q21.

Can the transporter assigned by a supplier or recipient further re-assign the e-way bill to another transporter?

Q22.

How does transporter come to know that particular e-way bill has been assigned to him?

Q23.

How does the supplier or recipient come to know about the e-way bills generated on his GSTIN by other person/party?

Q24.

How does the tax payer become transporter in the e-way bill system?

Q25.

How many times can Part-B or Vehicle number be updated for an e-way bill?

Q26.

What is the concept of acceptance of e-way bill by the recipient?

Q27.

What happens if multiple consignments are transported in one conveyance?

Q28.

Many distributors transport goods of multiple customers and know the details of the requirement only at the time of delivery? What to do if name of the consignee is not known?

Q29.

What is the validity period of e-way bill?

Q30.

What is a day for e-way bill? How to count hours/day in e-way bill?

Q31.

Can the validity period of e-way bill be extended?

Q32.

What is the validity period of consolidated e-way bill?

Q33.

Can a e-way bill be modified?

Q34.

Is it necessary to feed information and generate e-way bill electronically in the common portal?

Q35.

What is EBN? Who gives it?

Q36.

Whether e-way bill generated in one state is valid in another state?

Q37.

What if one consignment, is transported in CKD/SKD condition in multiple transport vehicles?

Q38.

Can a transport vehicle be intercepted?

Q39.

Are there any checks and balances on excessive use of power of interception of vehicles and inspection of goods?

Q40.

What is the responsibility of transporters, owners or operators of godown or warehouse?

Q41.

What has to be done by the transporter if consignee refuses to take goods or rejects the goods?

Q42.

What are the documents to be carried by the person in charge of a conveyance while transporting goods?

Q43.

What are RFIDs?

Q44.

Is it necessary that the e-way bill has to be mapped to a RFID device?

Q45.

Are there any special situations where e-way bill needs to be issued even if the value of the consignment is less than Rs. 50,000?

Q46.

Can a tax payer update his business name, address, mobile number or email id in the e-way bill system?

Q47.

What are the modes of e-way bill generation?

Q48.

What is the role of sub-users in e-way bill system? How can sub-users be activated?

Q49.

Whether information submitted for e-way bill can be used for filing GST Returns?

Q50.

Whether individuals while shifting their personal belongings will have to generate E-way bill?

9.

Frequently Asked Questions on TDS

 

TDS IN GST

Q1.

As a DDO I am deducting TDS from salary and also while making payment of other bills under Income Tax Act. Then why should I need to deduct TDS again?

 

Persons Liable to Deduct TDS Under GST Laws

Q2.

Who are liable to deduct TDS?

Q3.

Describe the responsibilities of DDO in TDS under GST to get his/her office registered under GST?

 

Registration Requirement for TDS Deductors & Procedure of Registration

Q4.

Does every Government office require to be registered under GST laws?

Q5.

I am a DDO of a small Government Office. My office has not entered into any contract with any vendor whose taxable value of supply is more than Rs. 2.5 Lakh in the recent past. Do I have to take GST registration for my office?

Q6.

Do I have to pay any Fees for obtaining a GST registration?

Q7.

Is there any printed form for registration which I require to fill up?

Q8.

Is there any need to upload any document to complete the registration process?

Q9.

What types of documents are needed to be uploaded for address proof?

Q10.

To submit my registration application do I always need a DSC?

Q11.

How do I know that I have submitted the application form correctly? What is an ARN?

Q12.

Is this ARN called the GST registration No?

Q13

How do I know that GSTIN has been generated for my office or not?

 

Situations when Tax is Required to be Deducted in GST

Q14.

After getting GSTIN what should I do?

Q15.

As a DDO, I have to enter some personal Information to get TDS registration. What will happen If I get transferred? Will I still be responsible for any lapse committed by the DDO who succeeds me?

Q16.

If the new DDO does not amend the details of his predecessor In office whether the ex-DDO would be liable for any lapse done by this new DDO?

Q17.

Is there any threshold exceeding which tax is required to be deducted?

Q18.

Mr. B, a DDO of ABC Office of the Government West Bengal needs to buy stationeries for his office from supplier Mr. C. Should Mr. B deduct tax under GST while making payment to Mr. C?

 

Situations When Tax is not Required to be Deducted in GST

Q19.

Is there any threshold up to which GST needs not to be deducted?

Q20.

As a deductor am I supposed to deduct GST where the taxable value of the contract entered with supplier Mr. A is Rs 2.5 Lakh?

Q21.

I have entered into a contract worth Rs. 10 lakh with a supplier XYZ prior to 1-10-2018. Now, I am making a payment of Rs.1.5 Lakh in respect of an invoice dated 25-10-2018 submitted by the supplier. Should I deduct tax while making payment of Rs.1.5 Lakh?

Q22.

I have entered into a contract worth Rs. 10 Lakh with a supplier XYZ prior to 1-10-2018.1 have made a payment of Rs. 3 Lakhs to him prior to 1-10-2018. Now, I am making payment of the balance amount of Rs. 7 Lakh after 1-10-2018. Should I deduct tax on Rs. 10 Lakh?

Q23.

I enter into a contract with a supplier ABC where the value of taxable supply is Rs. 2 Lakh and payment of Rs. 1 Lakh has been made on 15-10-2018. Now, on 20-10-2018 the contract value is revised from Rs. 2 Lakh to Rs. 6 Lakh. Am I liable to deduct any tax and if so, on which amount?

Q24.

Mr. A. Roy, a DDO has purchased goods during May, 2018. He could not make payment for such purchase due to shortage of allotment. He is expected to receive allotment only in October, 2018. Is he liable to deduct TDS while making payment in the month of October considering that the purchase was made before October?

Q25.

When should I not deduct tax under GST?

 

Valuation for deduction of tax with illustrations

Q26.

Mr. Z, a supplier in West Bengal has issued a Tax Invoice of Rs. 11,800 for supply of goods/services or both worth Rs. 10,000 and GST of Rs. 1,800 to Mr. A of ABC office in West Bengal. What is the value of payment on which Mr. A should deduct TDS during making payment to Mr. Z? Calculate the amount payable to Mr. Z.

Q27.

What is the different nature of supply & what is the rate of deduction?

Q28.

If Supplier A of Maharashtra supplies goods to ABC office in West Bengal, then tax is required to be deducted under which Act?

Q29.

Health Department of WB receives a taxable service from MNO company of WB. What would be the nature of TDS to be deducted here & what would be the rate of deduction?

 

TDS Payment

Q30.

How can I discharge my TDS liability?

Q31.

Payment is made in respect of a single contract whose value of taxable supply is Rs.3.5 Lakh. Two bills amounting to Rs 1.5 lakh & Rs. 2 lakh respectively are passed for such payment. Since in respect of both the bills the amount paid does not exceed Rs. 2.5 lakh, I think that no tax is required to be deducted. Am I right?

Q32.

When will a DDO know that his liability for payment has been completed?

Q33.

Can the deductee take action on the TDS credit declared by me?

Q34.

What will happen if the TDS credit entry is rejected by the deductee?

Q35.

Is there any provision of refund to the deductor or the deductee arising on a/c of excess or erroneous deduction made under GST?

 

TDS return

Q36.

Who are liable to file return (GSTR-7)?

Q37.

What is the need for filing a return when deposit of TDS has already been made?

Q38.

Mr. S has deducted GST amounting to Rs 50,000 in the month of Nov.'18. He filed return on 16-12-2018. Is he liable to pay a late fee?

Q39.

During October, 2018, I have not deducted any amount of GST. Do I need to file return for the month of October?

Q40.

How can a deductor file Form GSTR-7?

Q41.

Is there any Offline Tool for filing Form GSTR-7?

Q42.

Can the date of filing of Form GSTR-7 be extended?

Q43.

What are the pre-conditions for filing Form GSTR-7?

Q44.

What are the modes of signing Form GSTR-7?

Q45.

Can I preview the Form GSTR-7 before filing?

Q46.

What happens after Form GSTR-7 is filed?

Q47.

Can I file the complete Form GSTR-7 using Offline Utility?

Q48.

What are the features of Form GSTR-7 Offline Utility?

Q49.

From where can I download and use the Form GSTR-7 Offline Utility in my system?

Q50.

Do I need to login to GST Portal to download the Form GSTR-7 Offline Utility?

Q51.

Do I need to login to GST Portal to upload the generated JSON file using Form GSTR-7 Offline Utility?

Q52.

What are the basic system requirements/configurations required to use Form GSTR-7 Offline Tool?

Q53.

Is Offline utility mobile compatible?

Q54.

How many TDS details of the suppliers can I enter in the offline utility?

Q55.

I am a tax deductor. I've made payment for four different products to one of my suppliers. Shall I report each payment in four different rows of the offline utility?

Q56.

I have mistakenly entered rows with the same GSTIN. Should I use the "Delete" option from the dropdown of "Action" column to delete these rows?

Q57.

Can I enter negative or decimal amounts in the offline utility?

Q58.

I've uploaded GSTR-7 JSON File and it was processed without error. Do I need to download the generated file?

 

Interest, Penalty & Late Fee

Q59.

Mr. A, a DDO has submitted return for the month of November upon payment of liability as shown in such return on 11-12-2018. Is he liable to pay interest?

Q60.

Mr. X has deducted Rs 1 lakh of TDS in Nov'18. He deposits Rs 70,000 on 10-12-2018 & the rest of Rs 30,000 on 30-1-2019. He submits the return in Form GSTR 7 on 28-2-2019. Has he incurred any liability to pay late fee or interest? Is he liable to pay any penalty?

 

TDS Certificate & Benefit of TDS to the Deductee

Q61.

As a DDO I have deducted tax while making payment to various Vendors. I have deposited the amount in the appropriate Government A/c & also filed return within stipulated time. Have I discharged all my liabilities relating to TDS?

Q62.

How can a supplier download the TDS certificate in Form GSTR 7A?

Q63.

How many TDS Certificates are issued per GSTIN?

Q64.

Is the signature of Tax Deductor required in TDS Certificate?

Q65.

Do I as a taxpayer have to file Form GSTR-7A?

Q66.

Can I as a taxpayer (Deductor or Deductee) download and keep a copy of my TDS Certificate for future reference?

Q67.

Being a deductor do I have to fill any form to generate Form GSTR 7A? How can I view Form GSTR-7A?

Q68.

What needs to be done if I have taken registration for TDS on 1st November, 2018 but was required to deduct TDS from 1st October, 2018?

10.

Frequently Asked Questions on TCS

Q1.

What is Electronic Commerce?

Q2.

Who is an e-commerce operator?

Q3.

What is Tax Collection at Source (TCS)?

Q4.

What is the rate of TCS notified by Government?

Q5.

Is it mandatory for e-commerce operator to obtain registration?

Q6.

Whether a supplier of goods or services supplying through e-commerce operator would be entitled to threshold exemption?

Q7.

Whether TCS is required to be collected by e-commerce operators on supply of services by unregistered suppliers through their portal?

Q8.

Whether e-Commerce operator is required to obtain registration in every State/UT in which suppliers listed on their e-commerce platform are located to undertake the necessary compliance as mandated under the law?

Q9.

Foreign e-commerce operator do not have place of business in India since they operate from outside. But their supplier and customers are located in India. So, in this scenario will the TCS provision be applicable to such e-commerce operator and if yes, how will foreign e-commerce operator obtain registration?

Q10.

Is it necessary for e-Commerce operators who are already registered under GST and have GSTIN, to have separate registration for TCS as well?

Q11.

What is meant by "net value of taxable supplies"?

Q11.

Whether value of net taxable supplies to be calculated at gross level or at GSTIN level?

Q12.

Is every e-commerce operator required to collect tax on behalf of actual supplier?

Q13.

At what time should the e-commerce operator collect TCS?

Q14.

Whether TCS to be collected on exempt supplies?

Q15.

Whether TCS to be collected on supplies on which the recipient is required to pay tax on reverse charge basis?

Q16.

Whether TCS is to be collected in respect of supplies made by the composition taxpayer?

Q17.

Whether TCS is to be collected on import of goods or services or both?

Q18.

Is there any exemption on Gold, owing to the fact that rate of GST is only 3% and TCS on it would erode the margin for the seller?

Q19.

Whether payment of TCS through Input Tax Credit of operator for depositing TCS as per section 52 (3) of the CGST Act, 2017 is allowed?

Q20.

It is very common that customers of e-commerce companies return goods. How these sales returns are going to be adjusted?

Q21.

Under section 52, e-commerce operator collects TCS at the net of returns. Sometimes sales return is more than sales and hence can negative amount be reported?

Q22.

What is the time within which such TCS is to be remitted by the e-commerce operator to the Government account?

Q23.

How can actual suppliers claim credit of TCS?

Q24.

How is TCS to be credited in cash ledger? Whether the refund of such TCS credit lying in the ledger would be allowed at par with the refund provisions contained in section 54(1) of the CGST Act, 2017?

Q25.

Is the e-commerce operator required to submit any statement? What are the details that are required to be submitted in the statement?

Q26.

Whether interest would be applicable on non-collection of TCS?

Q27.

What will be the place of supply for e-commerce operator for recharge of talk time of the Telecom Operator/recharge of DTH/in relation to convenience fee charged from the customers on booking of air tickets, rail supplied through its online platform?

Q28.

Under multiple e-commerce model, Customer books a Hotel via ECO-1 who in turn is integrated with ECO-2 who has agreement with the hotelier. In this case, ECO-1 will not have any GST information of the hotelier. Under such circumstances, which e-commerce operator should be liable to collect TCS?

Q29.

Are there any additional powers available to tax officers under this Act?

Q30.

Certain e-commerce operators who have been unable to obtain registration in the month of October, 2018 but have already collected TCS for the said month have expressed challenges in relation to the filing of such details in GTSR-8. It has been asked as to how these details are to be furnished on the common portal?

 

Part III--Sectoral FAQs on GST

11.

FAQs on Transport and Logistics

Q1.

I am a single truck owner-operator and I ply my truck mostly between States, carrying the goods booked for my truck by an agent; aggregate value of service which I provided exceeded twenty lakh rupees during last year. Am I supposed to take registration?

Q2.

I own a single truck and I rent it to a major player, who provides GTA service; should I take a registration? Does my monthly rental/lease income attract GST?

Q3.

In my truck, I only carry fruits and vegetables, in relation to whose transportation service GST is exempt; should I take registration?

Q4.

I am a truck supplier/broker. My job is to get orders for truck owners. I quote the rate for transportation to GTA on behalf of truck owners and I get a small amount as commission out of the truck hire fixed with the GTA. This brokerage is paid by the truck owners. As the services provided by way of transportation of goods by road are exempt from tax, am I liable to registration?

Q5.

As a transporter, am I required to maintain any records of my services of transportation?

Q6.

Are intermediary and ancillary services, such as, loading/unloading, packing/unpacking, transhipment and temporary warehousing, provided in relation to transportation of goods by road to be treated as part of the GTA service, being a composite supply, or these services are to be treated as separate supplies

Q7.

As per Notification number 05/2017-Central Tax dated 19th June, 2017, the persons who are only engaged in making supplies of taxable goods or services or both, the total tax on which is liable to be paid on reverse charge basis by the recipient of such goods or services or both under sub-section (3) of section 9 of the CGST Act, 2017 are exempted from obtaining registration under the said Act. Please clarify whether a GTA providing service in relation to transportation of goods by road under reverse charge mechanism (RCM) can avail of the benefit of this exemption

Q8.

Can a GTA obtain registration for one vertical (Rail, Cargo, Renting, Warehousing etc.) for which tax needs to be paid while not obtaining registration for another vertical (GTA under RCM) on which there is no tax liability

Q9.

In transport industry, old vehicles, old tyres, scrap material etc, on which no input tax credit (ITC) has been taken, are disposed of after completion of their useful life. As a truck owner disposing of these goods, am I required to pay GST considering that no ITC has been taken at the time of their initial purchases? Would levy of tax in such cases not amount to double taxation, as tax has already been paid at the time of initial purchases?

Q10.

Please clarify whether input tax credit is available to the recipient of service, when the GST paid by him is at a concessional rate of 5% under RCM.

Q11.

When a GTA hires a truck (with driver) from another GST registered entity for the purpose of providing goods transport service to a registered recipient, whether tax credit is available to the GTA on the GST paid by him to the owner of the truck registered under GST

12.

FAQs on Government Services

Q1.

Are all services provided by the Government or local authority exempted from payment of tax?

Q2.

Are Government or local authority or governmental authority liable to pay tax?

Q3.

What is the meaning of ‘Government’?

Q4.

Who is a local authority?

Q5.

Are all local bodies constituted by a State or Central Law regarded as local authorities for the purposes of the GST Acts?

Q6.

Would a statutory body, corporation or an authority constituted under an Act passed by the Parliament or any of the State Legislatures be regarded as ‘Government’ or “local authority” for the purposes of the GST Acts?

Q7.

Would services provided by one department of the Government to another Department of the Government be taxable?

Q8.

What are the transport services provided by the Government or local authorities exempt from tax?

Q9.

Are various corporations formed under the Central Acts or State Acts or various government companies registered under the Companies Act, 1956/2013 or autonomous institutions set up by special Acts covered under the definition of ‘Government’?

Q10.

Are various regulatory bodies formed by the Government covered under the definition of ‘Government’?

Q11.

Will the services provided by Police or security agencies of Government to PSUs or corporate entities or sports events held by private entities be taxable?

Q12.

The Department of Posts provides a number of services. What is the status of those services for the purpose of levy of tax?

Q13.

What is the scope of agency services provided by the Department of Posts mentioned in the Notification No. 12/2017-Central Tax(Rate) dated 28-6-2017?

Q14.

Would services received by Government, a local authority, a governmental authority from a provider of service located outside India be taxable?

Q15.

Whether the exemption is applicable to online information and database access or retrieval services received by Government or local authorities from provider of service located in non taxable territory?

Q16.

What are the functions entrusted to a municipality under Article 243W of the Constitution

Q17.

What are the functions entrusted to a Panchayat under Article 243G of the Constitution?

Q18.

What is the significance of services provided by Government or a local authority by way of tolerating non-performance of a contract for which consideration in the form of fines or liquidated damages is payable to the Government or the local authority?

Q19.

Whether services in the nature of change of land use, commercial building approval, utility services provided by a governmental authority are taxable?

Q20.

Whether fines and penalty imposed by Government or a local authority for violation of a statute, bye-laws, rules or regulations liable to tax?

Q21.

Whether services provided by Government or a local authority to a business entity located in a special category State are subject to tax?

Q22.

A small business entity is carrying on a business relating to consulting engineer services in Delhi. Does it need to pay tax on the services received from Government or a local authority?

Q23.

What is reverse charge in GST?

Q24.

Whether reverse charge is applicable to services provided by Government or local authorities?

Q25.

What is the scope of ‘pure services’ mentioned in the exemption Notification No. 12/2017-Central Tax (Rate), dated 28-6-2017?

Q26.

Would services in relation to supply of motor vehicles to Government be taxable?

Q27.

Can the supplier of services claim the tax paid under reverse charger mechanism as input tax credit?

Q28.

What is the concept called ‘tax deduction at source’?

Q29.

Whether the deductee can claim the input tax credit on the deduction of tax at source amount?

Q30.

Whether an amount in the form of royalty or any other form paid/payable to the Government for assigning the rights to use of natural resources is taxable?

Q31.

Whether a Government Department, required to deduct tax at source, is liable to take registration as a normal taxpayer?

13.

FAQs on Gems and Jewellery

Q1.

Whether advertising and communication material (banners/hoardings/posters) provided to distributors would be treated as supply in the course of business by the company thereby not requiring any reversal of ITC.

Q2.

Currently Banks do not pay any VAT on import of precious metals. Banks/nominated agencies pay only customs duty on imports. In the new regime of GST, will the Banks have to pay IGST while importing?

Q3.

Banks import gold/silver on consignment basis wherein the ownership of the metal is with the supplier of the bullion which maybe an overseas entity. Is the overseas entity required to have GST registration because currently they do not file returns and are governed by multi-nation treaties?

Q4.

Gold and silver imported by banks/nominated agencies on consignment basis are lying in stock as on 1st July. Clarification is required on how to charge the customers in transition phase from VAT to GST. Will customers be liable to pay GST rates?

Q5.

Banks lend gold in physical form for a period not exceeding 6 months. Banks receive interest on the gold ounces disbursed and the same is converted into Rupees after calculation of interest on the ounces and the USD/INR conversion. Will the same methodology continue in case of GST as well wherein Banks shall pay a provisional GST (i.e. IGST/SGST/CGST) on ongoing market prices and pay the final GST as and when the prices are fixed?

Q6.

Banks pay provisional VAT currently at the time of delivery of gold on the basis of ongoing market prices. When customer fixes the price of metal, Banks pay actual VAT on the maturity date of the Gold Loan. Banks must be allowed to set-off the excess provisional GST paid to the government against future fixation of prices. In case of excesspayment, the same should be refunded on Pan-India basis and not on the basis of States.

Q7.

When we are selling Gold, Diamond or Silver Jewellery to the end consumer (Customer) like a Gold Chain weighing10gm at a total value of Rs. 30,000 (gold value is Rs. 28,000 and making charges on that gold chain is Rs. 2000), can we charge GST @ 3% on the total value or @ 3% on the gold value and @ 5% on making charges?

Q8.

When we issue gold as raw material to our Job Worker for Job Work and he returns that gold as finished goods, what GST treatment will be done and how to calculate the value?

14.

FAQs on Information Technology (IT) and Information Technology Enabled Services (ITES)

Q1.

Whether software is regarded as goods or services in GST?

Q2.

What are the implications of recognising the development, design, programming, customisation, adaptation, upgradation, enhancement, and implementation of information technology software as a service?

Q3.

‘A’ is a dealer in Computers and Computer parts having turnover of Rs. 8 lakh in a year; does ‘A’ have to register under GST?

Q4.

The registered person ‘B’ receives small portions of software code from individuals which he then integrates and supply as a package to clients. These individuals are having small turnover of Rs. 5 to 10 lakh, and therefore are not registered in GST. Whether there is any liability on ‘B’ in respect of services provided by such individuals?

Q5.

What is the rate of tax on IT services?

Q6.

Whether exports of software services attract GST?

Q7.

How do I determine whether IT services provided by me constitute export of service?

Q8.

How do I determine the place of supply of IT/ITES services?

Q9.

How to determine the location of the recipient?

Q10.

Would I be liable to pay GST on reverse charge even if the foreign supplier of software from whom I buy for use in my firm registered under GST was to accept the payment in Indian Rupees?

Q11.

I am an Indian Company who makes software and sells it outside the country. I have hired a firm (not a related party) ‘C’ located abroad to facilitate the supply of software in Europe and the USA; would I be liable to pay GST on the payments that I make to this entity abroad?

Q12.

What factors determine the location of ‘C’ (in Q. 11) as being outside India?

Q13.

I am an agent in India of a foreign IT/ITES provider (principal located outside India). For agency services, I bill the principal in convertible foreign exchange. Whether GST liability arises in this case?

Q14.

I have more than one SEZ unit in different States; do I need to take separate registrations? Also, I have two SEZ units in one State. Can I take a single registration?

Q15.

I have a unit in the DTA and another in the SEZ; can I take a common registration?

Q16.

If I supply a laptop bag along with the laptop to my customer, what would be the rate of tax leviable?

Q17.

I am obtaining online database access services from a company abroad over the net, would I have to pay tax on reverse charge?

Q18.

When would it be construed that I have made a supply of services involving temporary transfer or permitting the use or enjoyment of any intellectual property right?

Q19.

What special provisions are attracted in GST with regard to associated enterprises?

Q20.

What would be the tax liability on replacement of parts (no consideration is charged from a customer) under a warranty and whether the supplier is required to reverse the input tax credit?

Q21.

An Original Equipment Manufacturer (OEM) has an obligation to provide repair services to their customers in the warranty period. This activity is outsourced by OEM to ‘D’, who bills the OEM for the services he provides to the customer. What is the tax liability of ‘D’?

Q22.

How will the defective parts be sent to the mother warehouse/repairing centre for repair by the downstream repairing centres? What is the tax liability?

Q23.

What is the tax liability in a scenario where supplies are made from multiple locations (in different States) of the supplier to the recipient under a single contract?

Q24.

In the scenario envisaged in previous Q., the main branch is said to be entitled to ITC of the GST paid by the other branches. Thus, it is a revenue neutral situation. What are the valuation guidelines for such services?

Q25.

Can payment of IGST on reverse charge basis on import of goods/services be done through book entry or ITC?

Q26.

Is the requirement of transferring of credit through ISD mechanism mandatory?

Q27.

What is the format for invoices to be issued in the case of reverse charge payment of GST?

Q28.

I am a software provider, registered at Mumbai. I supply software to my clients in Bangalore – would I be required to take a registration in Karnataka?

Q29.

I am an exporter of services. Would I be entitled to refund after the 1st of July (appointed day)?

15.

FAQs on Handicraft Industry

Q1.

How will imports be taxed under GST?

Q2.

How will exports be treated under GST?

Q3.

How can IGST be paid?

Q4.

What are the provisions for refund of taxes for exporters in GST

Q5.

Can unutilized input tax credit be allowed as refund to exporters?

Q6.

What is the procedure for claiming refund by exporters?

Q7.

What is the time limit for grant of refund?

Q8.

Will the principle of unjust enrichment apply to exports?

Q10.

Whether goods sent by a taxable person to a job worker be treated as supply and will they be liable to GST?

Q11.

Is a job worker required to take registration?

Q12.

Whether exemption from all duties of Customs be available on imports under exemption schemes such as EPCG, Advance licence etc under GST regime?

Q13.

Can duty credit scrips received as incentive by exporters such as MEIS, SEIS etc be utilised for payment of all duties at the time of import?

Q14.

Will drawback at higher rate be available to handicraft exporters who do not avail Input Tax Credit (ITC) like presently available to those who do not avail CENVAT credit?

Q15.

Is GST payable on consideration received for sale of scrips?

Q16.

Would GST be payable on goods not intended to be sold, taken out for participation in overseas exhibitions and trade fairs and brought back into India as these goods are meant for exhibition only?

Q17.

Will an exporter be required to pay GST in case of goods procured from unregistered persons?

Q18.

Will credit of duties be available on inputs and inputs contained in semi-finished goods/finished goods lying in stock of an exporter who was not registered under existing laws, as on appointed day of GST?

16.

FAQs on Mining Industry

Q1.

Can small mining leaseholders with a turnover less than Rs. 75 lacs operate under composition scheme?

Q2.

What is the GST rate for minerals and ores in Composition Scheme?

Q3.

Will they have to deposit GST under SGST/CGST heads separately?

Q4.

Can a small Mine Lease holder undertake inter-State supply if it avails composition scheme?

Q5.

What is the IGST rate for minerals and ores in case of inter - State supply?

Q6.

Can the buyer get input credit on the supply of minerals from a mine owner in composition scheme?

Q7.

Will the recipient have to pay tax under reverse charge?

Q8.

What is the threshold limit and conditions when a small mine owner/lease holder under Composition Scheme has to migrate into full GST System?

Q9.

Is the Return filing and compliance simpler under composition scheme?

Q10.

Will the basic exemption limit from GST be applicable to the tiny & micro segment in mining?

Q11.

What is aggregate turnover?

Q12.

Will the buyer of goods from unregistered person pay reverse tax?

Q13.

Can a buyer of goods and services pay the value of services/goods to the supplier and deposit the GST component of the invoice in the supplier’s account so that when the buyer claims input credit, he may get the same cross entry tallied from the supplier’s account?

Q14.

In case there are disputes regarding quality, weight, etc. between the buyer and the supplier and the goods are returned fully or partially, as found unfit for use, can the excess paid tax component be adjusted from future tax liability?

Q15.

Whether deduction of Liquidity Damage (LD)/Penalty deduction from contractor’s bills and charging Penalty for non-lifting of coal till targeted minimum level to Annual Contractual Quantity (ACQ) will attract GST?

Q16.

Will GST be payable at the time of raising an invoice for supply of goods from a mining lease holder or it will be applicable on the amount of advance received by the mining company for booking the order?

Q17.

Will the supplier have to issue “receipt voucher” against each advance received?

Q18.

How do I show the advance received in GSTR 1?

Q19.

In case no supplies are made against an advance, will the dealer have to issue a “refund voucher” only for the advance or for advance including GST?

Q20.

It will be difficult to link between “Advance Receipt Voucher” and invoices in case of sales billing on Cash Sale (Rail/Road)/e-Auction etc., especially in case of Rail Cash sale, where purchasers deposit money in advance to the tune of many crores for which lifting of coal has to be made from various loading point and time. In such situation how will the billing person at one point realize how much “balance advance” is available for adjustment while raising invoice at his end at a specific point of time?

Q21.

Will GST charged on purchase of all earth moving machinery including JCB, tippers, dumpers by a mining company be allowed as input credit?

Q22.

Whether GST is payable on royalty (to be paid to Government)for Mining Lease granted by State Govt.

Q23.

Is ITC available on hiring of immovable properties (land, office, warehouse, processing unit, stock yards) for facilitation of mining operations?

Q24.

What is the time limit for availing input credit under GST?

Q25.

Would the net outstanding amount of unutilised input credit be refunded by the Government?

Q26.

Will GST charged by tax consultants, advocates, Chartered Accountants, environmental consultants, canteen service providers and other service providers to mining companies be allowed as input credit?

Q27.

Whether free issue of coal to employees paid in course of employment and on the basis of wage agreement with value below Rs. 50,000 per employee will attract GST?

Q28.

Can GST charged as per transport bilti on movement of mineral from mine to the buyer be allowed as ITC to the buyer irrespective of the ownership of the transporting vehicle?

Q29.

Will the situation as mentioned above be different if the value of mineral is less than the cost of freight in long distance consignments?

Q30.

Exploration companies undertake exploration activities for preparing mining blocks for auction in different States in the country. They use rigs for exploration. CENVAT credit was available on rig operations under the existing law. Will the company be eligible to take ITC under GST?

Q31.

Will ITC be available for holding Environmental Clearance (EC) and Forestry Clearance (FC) meetings and for obtaining ‘consent to operate’ the Mines?

Q32.

Will the mining companies be eligible to take ITC for construction of townships, hospitals and schools?

Q33.

Are minerals sent for export in processed or raw form fully exempted from payment of GST or IGST?

Q34.

What is the procedure for return of goods under GST?

Q35.

How can we take support during filing of returns, as huge mines are located throughout the districts in the country, especially in rural and backward areas, and the problem will be aggravated as the huge number of mines are operating without any IT infrastructure?

Q36.

Whether GST TDS will be applicable on Works Contract Jobs (to be renamed as Supply of Services) in case of PSUs, since such GST TDS under section 51(1) of CGST Act, 2017 is applicable on (a) Dept. or establishment of the Central Govt. or State Govt.; or (b) Local authority; or (c) Govt. agencies; or (d) Such persons or category of persons as may be notified by the Govt. on the recommendations of the Council

Q37.

What is the requirement for E-way bill for companies operating in the sector?

Q38.

Whether an Input Service Distributer (ISD) will be eligible to distribute the ITC in respect of services received during April 17 to June 17 even if the invoices are raised and submitted by contractors after appointed date i.e. in July 17

Q39.

In Table 5(b) of GST-TRAN-1, the details of Form C, F and H/I are to be given for the period April 15 to June 17 (i.e. for 27 months) which would be a voluminous task. Reasons of furnishing the details for last 27 months may please be clarified?

Q40.

Education Cess and S&H Education Cess carried forward in ER-1-- Whether eligible for ITC under the CGST Act, 2017?

Q41.

What will happen to the balance available in the current account (PLA) under Central excise, deposited in cash in advance by any assesse?

Q42.

Whether credit of Green Cess (Clean Energy Cess) paid on coal and available at the time of transition be eligible for being carried over?

Q43.

Whether stock held by mining companies on which Clean Energy Cess has been paid be chargeable to compensation cess in GST regime?

Q44.

Can supplies of coal under a particular order or under FSA (Fuel Supply Agreement) be eligible under the definition of ‘continuous supply of goods?

Q45.

In case of coal, the applicable Compensation Cess is a Fixed Amount of Rs. 400 per MT. Under above situation, how such apportionment is possible since in case of FSA Sale, supply of different grade of coal as per availability of stock against single bulk receipt of “Advance” is to be adjusted?

Q46.

Whether Railway siding in mining industry exclusively utilized for effecting dispatch of taxable goods vz. coal (i.e. directly used in the course or furtherance of business) will be treated as Plant and Machinery and ITC under GST will be allowed or treated as civil structure and ITC will be denied?

Q47.

According to HSN Code 2516 calcareous building stone comes under 5% tax rate, but simultaneously under HSN Code 6802 it comes under 28% tax rate. Clarity on the same may be provided by the Government

Q48.

Whether supply of HSD free of cost for mining operation would attract GST and whether the input tax credit would be available for GST so charged by the Service provider?

Q49.

Will ITC be available on steel, timber and sometimes cement which are used in the underground mines to provide a protective device for security purpose?

Q50.

As per Section 54(3), it is clear that no refund of ITC will be available for export in the cases where product is subject to export duty. Iron Ore export is subjected to export duty. In the earlier regime, the exporters were allowed to take refund of service tax paid on exports. Will not our exports become uncompetitive as no refund of ITC will be available?

17.

FAQs on Drug and Pharma Industry

Q1.

Whether formulations cleared have to be assessed to GST under transfer price mechanism or on the basis of MRP printed on them?

Q2.

What are the requirements for clearance of physician samples distributed free of cost?

Q3.

What is the procedure for movement of time expired medicines from the retail outlets to the manufacturer for destruction?

Q4.

How loan and licensee units carry out their operations in GST regime?

Q5.

What is the treatment of clearances effected to Special Economic Zones?

Q6.

Whether SEZ unit located in a State requires a separate registration under GST?

Q7.

Whether ISD registration is required to be obtained separately?

Q8.

What is the transitional credit that can be availed on the existing stocks held by a registered person under GST, who was not required to be registered under the existing law?

Q9.

Whether a manufacturer can avail deemed credit in respect of transitional stocks on the appointed day in respect of the stocks for which duty paying document is not available?

Q10.

Whether deemed credit is available in respect of goods purchased from tax free zones?

Q11.

What is the obligation cast on the Registered Person in case of purchases from Unregistered Person?

Q12.

What is the treatment of supplies made from erstwhile tax free zones?

Q13.

What is the effect of non-payment of consideration in respect of taxable supplies received by the recipient?

Q14.

Whether separate sequence numbers can be maintained for invoices issued by the Registered Person in respect of supplies made under GST?

Q15.

Which is the document required to be issued by the Registered Person for supply of goods from one premises to another premises under the same registration number?

Q16.

Whether discounts can be claimed as an abatement from the price for assessing GST?

Q17.

What are the relevant provisions for movement of transitional goods lying at the premises of contract manufacturer on or after appointed day?

18.

FAQs on E-Commerce

Q1.

What is Electronic Commerce?

Q2.

Who is an e-commerce operator?

Q3.

Is it mandatory for e-commerce operator to obtain registration?

Q4.

Whether a person supplying goods or services through e-commerce operator would be entitled to threshold exemption?

Q5.

Will an e-commerce operator be liable to pay tax in respect of supply of goods or services made through it, instead of actual supplier?

Q6.

Will threshold exemption be available to electronic commerce operators liable to pay tax on notified services?

Q7.

What is Tax Collection at Source (TCS)?

Q8.

It is very common that customers of e-commerce companies return goods. How these returns are going to be adjusted?

Q9.

What is meant by “net value of taxable supplies”?

Q10.

Is every e-commerce operator required to collect tax on behalf of actual supplier?

Q11.

What time should the e-commerce operator make such collection?

Q12.

What is the time within which such TCS is to be remitted by the e-commerce operator to Government?

Q13.

How can actual suppliers claim credit of this TCS?

Q14.

Is the e-commerce operator required to submit any statement? What are the details that are required to be submitted in the statement?

Q15.

What is the concept of matching in e-commerce provisions and how it is going to work?

Q16.

What will happen if the details remain mismatched?

Q17.

Are there any powers given to tax officials under the GST Act to seek information on supply/stock details from e-commerce operators?

Q18.

The sellers supplying goods through e-Commerce operators (ECO) may have common places of business, especially if their goods are stored in a shared facility operated by the ECO. This will result in the same additional place of business being registered by multiple suppliers. Is this allowed?

Q19.

Do travel agents providing services through digital or electronic platform qualify as ECOs? Will they be required to collect tax at source as per the provisions of Section 52 of the GST Act?

Q20.

There are transactions in which two or more ECOs are involved. In such cases who would deduct the TCS?

Q21.

There are cases in which the ECO does not provide invoicing solution to the seller. In such cases, invoice is generated by the seller and received by the buyer without ECO getting to know about it. The payment flows through the ECO. In such cases, on what value is TCS to be collected? Can TCS be collected on the entire value of the transaction?

Q22.

GST requires a dealer to maintain a consecutive serial number for invoices. If we are supplying from multiple locations, do we need to centrally maintain the invoice numbers serially?

Q23.

There are sellers who are selling exempted or zero-tax goods like books through ECOs. Will marketplaces be required to collect TCS on such supplies?

Q24.

I am a supplier selling my own products through a web site hosted by me. Do I fall under the definition of an “electronic commerce operator”? Am I required to collect TCS on such supplies?

Q25.

We purchase goods from different vendors and are selling them on our website under our own billing. Is TCS required to be collected on such supplies?

19.

FAQs on Food Processing Industry

Q1.

If I have multiple manufacturing units in a State/UT, do I have to register all my companies separately or as a group?

Q2.

A registered person is sending semi-cooked food from his manufacturing unit at Gurgaon to his branch in Delhi. Is he required to pay any tax?

Q3.

A registered person is supplying manufactured food products to another person. Transportation charges are required to be paid by the supplier but are actually paid by the recipient. Whether this transportation charges would be added in the supply value?

Q4.

A registered person is a manufacturer of taxable food items. His factory is in rental premises. Whether this person is eligible to claim ITC on tax charged onthe rental amount?

Q5.

Whether the supplier can reduce the tax elements against goods returned to him?

Q6.

What will be the rate of tax on cold drinks (non-alcoholic beverages) and ice cream when served in non-AC Restaurant along with food?

Q7.

The supplier has sold machinery for hotel industry on 28-06-2017. The purchaser has received the invoice and machinery on 05-07-2017. Whether ITC of Duty/VAT paid (under the existing law) on machinery can be allowed to be claimed?

Q8.

Is Atta/Maida/Besan supplied in bulk liable to tax under GST?

Q9.

I am a whole seller of rice dealing in both branded and un-branded rice. I purchase them locally (i.e. from within the State) and also from outside the State (inter-State purchase). In the last financial year my turnover was Rs. 5.5 Crore. Today, I am not registered under VAT. My Q.s are

Q10.

Caterpillar is a restaurant cum bar in Kolkata. It has successfully migrated to GST. While the first floor area of the restaurant is air conditioned and supplies food as well as liquor, the ground floor serves only food and is non-air-conditioned. Caterpillar wants to know:

20.

FAQs on Medium and Small Manufacturing Enterprises (MSME)

Q1.

What is GST?

Q2.

On what supply is GST levied?

Q3.

Will GST be levied on all goods or services or both?

Q4.

How many types of GST will be levied on different kinds of supply of goods or services?

Q5.

Whether a registered person will have to approach two authorities - Centre as well as State for various permissions, audit etc. under the Act?

Q6.

What is destination based consumption tax?

Q7.

Who will pay GST?

Q8.

What is Input Tax Credit?

Q9.

Is GST going to increase compliance burden on the trade?

Q10.

What is the threshold for registration in GST?

Q11.

Is an agriculturist liable to registration?

Q12.

What is the most important precaution to be taken to avail the facility of threshold exemption?

Q13.

I am engaged exclusively in the business of supplying goods or services which are exempt from GST. Am I liable for registration?

Q14.

How do I make supply, if I have not applied for registration?

Q15.

How can an application for fresh registration be made under GST? Within what time will registration be granted?

Q16.

I was registered under VAT but not under Central Excise. Do I need to apply for new registration?

Q17.

If I have obtained provisional GSTIN (PID), can I use the same on the invoice to make supply without waiting for final GSTIN?

Q18.

I am a SME selling printed books after printing and have a turnover of twenty-five lakhs rupees per annum. I print only Children’s picture, drawing or colouring books which are exempt from GST. Do I need to register?

Q19.

If I register voluntarily though my turnover is less than Rs. 20 lakhs, am I required to pay tax on supplies made post registration?

Q20.

How will taxpayer get the certificate of registration?

Q21.

Can registration particulars once furnished be amended?

Q22.

In which State will a person be registered?

Q23.

Are all manufacturers necessarily required to be registered under GST?

Q24.

Who is liable to issue a ‘tax invoice’ and how many copies are required to be issued?

Q25.

What details are to be contained in a ‘tax invoice’?

Q26.

Is it necessary to issue invoices even if the value of transaction is very low?

Q27.

When should a tax invoice be issued for goods?

Q28.

In case of supply of exempt goods or when tax is paid under Composition Scheme, is the registered person required to issue a tax invoice? How a bill of supply is different from a tax invoice?

Q29.

If goods are transported in semi-knocked down condition, when shall the complete invoice be issued?

Q30.

Is there any scheme for payment of taxes under GST for small traders and manufacturers?

Q31.

What is the eligibility criteria for opting for composition levy? Which are the Special Category States in which the turnover limit for Composition Levy for CGST and SGST purpose shall be Rs. 50 lakhs?

Q32.

What is the form in which an intimation to pay tax under the composition scheme needs to be made by the taxable person?

Q33.

What is the rate of tax under Composition levy for a manufacturer?

Q34.

Are all manufacturers eligible for composition scheme?

Q35.

When will a registered person have to pay tax?

Q36.

A person availing composition scheme during a financial year crosses the turnover of Rs. 75 Lakhs/Rs. 50 Lakhs during the course of the year i.e. say, he crosses the turnover of Rs. 75 Lakhs/Rs. 50 Lakhs in December? Will he be allowed to pay tax under composition scheme for the remainder of the year i.e. till 31st March?

Q37.

For the purpose of availing composition how will aggregate turnover be computed for the purpose of composition?

Q38.

Can a person who has opted to pay tax under the composition scheme avail Input Tax Credit on his inward supplies?

Q39.

How is a manufacturer under the composition scheme required to bill his supply? Can a registered person, who purchases goods from a composition manufacturer take input tax credit?

Q40.

How would a manufacturer under the composition scheme who receives inputs or input services from an unregistered person pay GST? What will be the tax rate if the purchase is from a person availing composition?

Q41.

In case a person has registration in multiple States, can he opt for payment of tax under composition levy only in one State and not in other States?

Q42.

What is the effective date of composition levy?

Q43.

What is the validity of composition levy?

Q44.

What are the other compliances which a provisionally registered person opting to pay tax under the composition levy need to make?

Q45.

Can a person paying tax under composition levy, withdraw voluntarily from the scheme?

Q46.

Will withdrawal intimation in any one place be applicable to all places of business?

Q47.

Can a person paying tax under composition scheme make exports or supply goods to SEZ?

Q48.

Can a manufacturer under composition scheme do job-work for other manufacturers?

Q49.

How can tax payments be made by a registered person under the composition scheme?

Q50.

Does a registered person under the composition scheme pay his taxes every month?

Q51.

What are the accounts a manufacturer under the composition scheme needs to maintain?

Q52.

Does a manufacturer under the composition scheme need to maintain details of accounts of every supply received and made?

Q53.

Does a manufacturer under the composition scheme needs to maintain account of inputs tax credit?

Q54.

Can a manufacturer under the composition scheme maintain his accounts manually? And can he issue his bill of supply manually?

Q55.

Whether a registered person under the composition scheme needs to learn HSN code of any input purchases and output supplies?

Q56.

What return a registered person under the composition scheme needs to file and at what frequency?

Q57.

What details are required to be furnished in the return to be filed by the registered person under the composition scheme?

21.

FAQs on Exports

Q1.

How are exports treated under the GST Law?

Q2.

What will be the impact of GST on zero rating of export of goods?

Q3.

Have the procedures relating to exports by manufacturer exporters been simplified in GST regime?

Q4.

For merchant exporters, is there any change in the Export Procedure under the GST regime?

Q5.

The supplies to a SEZ unit or SEZ developer are treated as zero rated supplies in the GST Law. Then why there is no specific mention in the GST Law about not charging of tax in respect of supplies from DTA unit to a SEZ unit or SEZ developer?

Q6.

When a SEZ unit or SEZ developer procures any goods or services from an unregistered supplier, whether the SEZ unit or SEZ developer needs to pay IGST under reverse charge or these will be zero rated supplies?

Q7.

How soon will refund in respect of export of goods or services be granted during the GST regime?

Q8.

Will export of goods to Nepal and Bhutan treated as zero rated and thereby qualify for all the benefits available to zero rated supplies under the GST regime?

Q9.

What is deemed export under GST Law? Whether any supply has been categorized as deemed export by the Government?

Q10.

Whether the EOU scheme will continue to be in operation in the GST regime and whether EOU is required to take registration under the GST Law?

Q11.

What tax benefits will be available to EOU scheme in GST regime?

Q12.

Whether supplies to or from EOU will be exempted from GST?

Q13.

What procedure will be followed by EOU to import goods without payment of Customs duty in the GST regime?

Q14.

Whether an EOU can clear goods to another EOU (inter-unit transfer)? And whether an EOU can send goods for carrying out job work on such goods? In such situations, how will be the tax liability be discharged?

Q15.

M/s. XYZ is engaged in export of goods only having exports of approx. Rs. 5 crores and no clearances for home consumption are affected. M/s. XYZ was not required to be registered under Central Excise. Whether M/s. XYZ would be required to get itself registered under GST?

Q16.

We are engaged in the manufacture of exempted excisable goods for export. We availed input stage rebate used in the manufacture of exported goods. How would our case be dealt under GST law if our supply remains an exempt supply?

Q17.

We are merchant exporters dealing in various products. As per current procedure, we purchase goods from a particular factory against CT1/ARE1 so that no excise is levied on us. After goods are exported, we provide proof of export and Form H (for sales tax exemption) to the concerned factory. How would GST impact us and what will be the process now?

Q18.

I have stock of inputs, semi-finished goods and finished goods on the date on which GST comes into force. But I have no duty paying documents. How am I going to be compensated for the taxes paid on the said inputs, semi-finished goods, and finished goods before GST for the exports made after GST is implemented?

Q19.

I supply goods to SEZ units and developers. For such supplies, presently drawback is available to the recipient or to me (if recipient gives a disclaimer). What is status of such drawback under GST regime?

Q20.

Whether an EOU can clear goods in DTA?

Q21.

Will an exporter be required to pay GST in case of goods procured from unregistered persons (including unregistered job workers)?

Q22.

Is GST payable on Agency Commission earned by buying agents of foreign buyers?

 

Transition of Export Promotion Scheme on Implementation of GST

Q1.

Will duty Drawback scheme continue under GST regime? If yes, what will be the rates of Drawback?

Q2.

Is Drawback at a higher All Industry Rate (AIR) admissible if an exporter has not availed Input Tax Credit of GST or refund of IGST paid on exported goods?

Q3.

If an exporter has stock of GST paid inputs as well as inputs from pre-GST period and if inputs from both lots are used in export goods, what shall be Drawback on such exports?

Q4.

Will brand rate of Drawback be admissible for Central Excise duty and Service Tax in respect of exports made prior to GST implementation, for which application is filed after 1st July 2017?

Q5.

Applications for fixation of brand rate used to be filed with jurisdictional Commissioner of Central Excise having jurisdiction over the factory where export goods were manufactured. Under GST regime, will there be any change regarding filing of application for fixation of brand rate?

Q6.

Is there also a change under the GST regime in respect of filing of application for fixation of brand rate of Drawback for supplies to SEZ units and SEZ Developers?

Q7.

On re-export of imported goods, drawback of all duties paid at the time of importation was admissible earlier, as per the rates prescribed in this regard. What will be the position in respect of re-export made after 1st July 2017, of the goods imported prior to 1st July 2017? After 1st July 2017, IGST and Compensation Cess will also be payable on the imported goods. If such imported goods on which IGST and Compensation Cess were paid, are re-exported, whether Drawback of IGST and Compensation Cess will also be granted?

Q8.

Under the GST regime, will benefit of exemption from all duties available under Advance authorization scheme, EPCG scheme and duty credit scrips such as Merchandise Exports from India Scheme (MEIS) & Service Exports from India Scheme (SEIS) will continue?

Q9.

Under GST regime, can we get duty free benefit (all duties exempted) if we import capital goods using EPCG authorization?

Q10.

Can duty credit scrips such as Merchandise Exports from India Scheme (MEIS) and Service Exports from India Scheme (SEIS) be used for payment of GST?

22.

FAQs on Textile Industry

Q1.

As per Chapter 53 heading 5303 of the GST rate schedule, raw jute has been kept at the NIL rate slab. Thus, it is presumed that suppliers dealing only in raw jute are not required to register themselves under GST. But Jute Mills are asking their raw jute suppliers to mandatorily register themselves else their supplies would not be accepted. Please clarify whether raw jute suppliers are liable for registration?

Q2.

Cotton under chapter heading 5201 and 5203 has been kept in 5% rate slab. Does this mean that cotton farmer is required to register under GST?

Q3.

Does the buyer of raw cotton (who is a registered person) from the farmer need to pay GST on Reverse Charge basis?

Q4.

In respect of goods classified under Chapters 61, 62 and 63, the rate of tax for goods of sale value not exceeding Rs. 1,000 is 5% and for those exceeding Rs. 1,000 is 12%. Is this value transaction value or MRP?

Q5.

No rates have been announced for Jute bags and Jute blended bags. It is feared that they may be placed under Chapter 42 for leather wherein the rate for leather bags is indicated as 28%. It is suggested that the Jute bags may be kept at zero % to promote production of green Jute Diversified products for combating pollution and safe guarding environment?

Q6.

Man-made textile yarns have been kept at 18% while fabrics have been kept at 5%. If I buy yarn worth Rs. 100 by paying tax at 18% i.e. Rs. 18 and I sell grey fabrics at Rs. 150 considering 50% value addition by paying tax at 5% i.e. Rs. 7.50, what will be the treatment of remaining input credit of Rs. 11.50. Whether I would get refund of remaining credit and how much credit would I get?

Q7.

We are a small saree manufacturer at Surat. We buy ready dyed fabrics and get job work, hand work, stitching etc. done to create designer sarees. Wholesalers and retailers from all over India buy these sarees on credit basis for 30 days to 240 days. I as a trader have some queries regarding implementation of GST from 1st July 2017:

 

(a) Whatever is sold, 15-30% is returned. What would be treatment of goods returned and how would I adjust my tax liability if the entire GST has already been paid?

 

(b) What would happen to my opening stock on 1st July 2017. Will I get input credit on it or do I just need to supply it after adding 5% GST on it?

 

(c) Is government assuring of payment within 180 days. There are rumours that the wholesaler/retailer has to pay within 180 days. Is it true?

 

(d) How will I make my invoices if a buyer under the composition scheme come to buy our sarees?

 

(e) We are confused about GST implementation as there was no tax on us before. Will we get relaxation for the return filing?

Q8.

I have a manufacturing unit of Cotton trouser where customer gives me fabric and I have to convert it into trouser. What would be the rate applicable on me 5 % or 18 %?

Q9.

We are manufacturing Floor Coverings falling under Chapter 57. As per GST Council meeting dated 11.06.2017, the rate on Coir mats, mattings and floor coverings falling under Chapter 57 have been reduced from 12% to 5%. Kindly clarify as to whether rate of 5% will be applicable on all types of mattings and floor coverings of Chapter 57 or only to those made of coir?

Q10.

We are manufacturing laminated textile under chapter 59. Previously, our product was exemted under Notification No. 30/2004-CE. But in States we were paying 4% VAT. Also we are doing job work of textile lamination for some customers. Our invoice value is sum total of raw material used for job work, labour charges and profit. Under GST regime:

 

(a) Whether we will get input credit on material?

 

(b) How can we make invoice, which rate, or we have to make two different invoice, one for material used for lamination and other for service charges?

 

Ans. (a) Yes. You would be eligible for credit of tax paid on material used for job work.

Q11.

We are in Furnishing Fabrics Industries for curtain and upholstery fabrics. We mainly deal in Woven, Knitted, Polyester and Coated fabrics. You are requested to help us to know the chapter number under which our fabrics as mentioned herein above are covered and GST rate applicable to us?

Q12.

There is a gross confusion on the tax applicable for Embroidered Sarees and Fabric. Typically, principal manufacturers supply fabric/Sarees to Job workers and get various embroidery designs done on the fabric/sarees. We understand that the textile jobworker would charge an output supply GST of 5% on the composite jobwork supply. This embroidery fabric/saree are then sold by the principal manufacturers to wholesale and retail sellers. What would be the output GST applicable on such embroidered fabric/sarees when the same is sold by the principal manufacturer?

Q13.

Will the 5 % fabric GST be applied or 12% GST of embroidery strips/badges be applied?

Q14.

What is the difference between Fabric and Made-ups? Whether Shawl is a fabric or apparel or made-up. What is the rate on Shawls?

Q15.

Dress material are sold by length. They can include upto 3 pieces. These can be plain or embroidered (value-addition or further worked upon). Where should dress material be classified?

Q16.

Please clarify the ITC (HS) of yarn made from worn clothing, the material composition of which varies from lot to lot. It is uncertain as the clothing may be of cotton/woollen/man made fibre?

Q17.

What would be the GST rate on old cotton dhoti used for cleaning purpose? It is a used product recycled for cleaning purpose. Is there any GST on old dhoti because there is no VAT on old dhoti?

Q18.

We are small traders of textile dealing in Suiting, Shirting, Sarees, Dress Material, Blankets, Dhoti etc. We have some queries regarding implementation of GST from 1st July 2017:

 

(a) What will be the status of opening Stock of Textile items? Will 5% be added on closing stock as on 30th June 2017?

 

(b) What is the GST rate in Fabrics, as there are various types of fabrics like cotton, synthetics, man-made fabrics, acrylic, Mixture of cotton and other fabrics etc. Will there be flat rate of 5% on all fabrics or different rate?

 

(c) Please provide clarification on HSN number. Is it mandatory to quote in invoice by B2C traders & B2B traders? Further there are various codes in one type of item, would it not create confusion among traders?

 

(d) As per news in CNBC, input tax credit would not be allowed in textile for some period? Please clarify.

 

(e) Is Rs 1,000 bracket for 18% rate applicable on Sarees and suit lengths or will it attract flat rate?

Q19.

I am an un-registered trader dealing in textile fabrics which was exempted from tax under the State VAT Act. If I get registered under the GST Act, will I be eligible to avail of input tax credit on my stock of goods lying on the appointed day?

Q20.

I am a manufacturer of readymade garments. If I send any inputs to the job worker, will it be treated as taxable supply under the GST Act? Can I supply the goods after completion of job work from the place of business of the job worker?