Part I--Ready Referencer

1.

Amendments by the Finance Act, 2023

Extension of composition scheme to persons supplying goods through electronic commerce operators

Expansion of term "value of exempt supply"

No ITC allowable on goods and services used in CSR activities

Power of Government to exempt any person from obtaining registration

Amendment in section 30

Bar to furnish returns after three years from due date

Amendment in section 62

Penalties for various offences committed by an electronic commerce operator

Exclusion of certain offences from the purview of section 132

Issuance of invoice without supply of goods or services would not be a compoundable offence

Consent based sharing of information furnished by a taxable person

Paragraphs 7 and 8 of Schedule III to have retrospective effect from 1-7-2017

Substitution of definition of "non-taxable online recipient"

Place of supply of services by way of transportation of goods outside India

Place of supply of services by way of tranportation of goods where location of supplier or location of recipient is outside India

2.

GST Compliance Calendar 2023-24

3.

Time Limits/Due Dates under GST

Time limits/due dates of various compliances under the GST laws

A. Registration

B. Payment of tax

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

D. Furnishing of GST returns and statements

E. Maintenance of books of account and records

F. E-way bill

G. Composition levy

H. Tax deduction at source

I. Tax collection at source

J. Job work

K. Input tax credit

L. Refund

M. Audit and Assessment

N. Demand and recovery of tax

O. Advance Ruling

P. Appeal and revisions

4.

Due Dates of Furnishing GST Returns and Extensions Thereof

Due date of furnishing details of outward supply

Due date of furnishing Form GSTR-3B

Periodicity and due date of furnishing other returns and statements

Extension of due date for furnishing Form GSTR-1 for certain periods

Extension of due date for furnishing Form GSTR-3B for certain periods

Extension of due date for furnishing of IFF

Extension of due date for furnishing statement in CMP-08

Extension of due date for furnishing Form GSTR-4

Extension of due date for furnishing Form GSTR-7

Extension of due date for furnishing Form ITC-04

Extension of due date for furnishing Form GSTR-9 and GSTR-9C

Extension of due date for furnishing final return in Form GSTR-10

Extension of due dates for furnishing other GST Returns and Forms

Extension of due date for compliances falling during 20-3-2020 to 30-3-2021

Extension of time limit for passing order for rejection of refund

Extension of due date for compliances falling during 15-4-2021 to 29-6-2021

5.

Forms under GST

Forms relating to registration

Forms relating to payment of tax

Return Forms

Forms relating to e-way bills

Forms relating to composition levy

Forms relating to input tax credit

Forms relating to refund

Forms relating to Audit

Forms relating to Inspection, Search and Seizure

Forms relating to Assessment

Forms relating to Demand and Recovery

Forms relating to Offences and Compounding thereof

Forms relating to Advance Ruling

Forms relating to Appeals and Revisions

Forms relating to GST Practitioners

Forms relating to Invoices

6.

Exempted Services

Exempted services under CGST Act

Services exempted under IGST Act

7.

Rates of Tax on Services

8.

Services Chargeable to Tax on Reverse Charge Basis

Services chargeable to tax on reverse charge basis under section 9(3)

Services chargeable to tax on reverse charge under section 9(4)

9.

Goods Chargeable to Tax on Reverse Charge Basis

Goods chargeable to tax on reverse charge basis under section 9(3)

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

Reverse charge on receipt of specified goods by certain class of registered persons from unregistered persons [Position effective from 1-2-2019]

10.

Interest, Late Fees and Penalties

Interest chargeable from and payable to a taxpayer

Payment of interest on delayed payment of tax

Payment of interest on wrong availment and utilization of input tax credit

No interest on excess availment of TRAN-1 credit if not utilized

Issuance of show cause notice is necessary before demanding interest

Principle of natural justice is required to be observed

Conditional lowering of interest rate due to spread of COVID-19

Late fee for failure to furnish monthly/quarterly returns and statements

Late fee for failure to furnish annual return

Reduction of late fee for failure to furnish various returns and forms

Waiver of late fee for failure to furnish FORM GSTR-3B for certain periods

Waiver of late fee for failure to furnish Form GSTR-1

Waiver of late fee for failure to furnish Form GSTR-4

Waiver of late fee for failure to furnish Form GSTR-6

Waiver of late for failure to furnish final return

Penalties imposable under CGST Act

Part II--Ready Reckoner

11.

Goods and Services Tax : An Overview

What is Goods and Services Tax?

Central taxes subsumed within GST regime

States taxes subsumed within GST regime

Taxes/levies not subsumed within GST

Structure of GST in India

Tax is leviable on supply of goods or services

Goods--Meaning

Services--Meaning

Money is regarded neither goods nor services

Items not constituting transaction in money, thereby constituting service

Securities are regarded neither as goods nor service

Transactions in repos and reverse repos

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

Forward contracts in commodities and currencies

Future contracts

Classification of goods and services

Import of goods or services

Export of goods

Rates of GST

Composition scheme

Input tax credit

12.

Levy and Collection of Tax

Power to levy GST

Legislative scheme of levy of GST

Levy of Central Goods and Services Tax (CGST)

Intra-State supply of goods--Meaning

Intra-State supply of services--Meaning

Rates of CGST

Levy of State Goods and Services Tax

Levy of Union Territory Goods and Services Tax

Levy of Integrated Goods and Services Tax

Taxable event under GST

Supplies made without consideration--Taxability

Giving away essential commodities by a charitable institution--Taxability

Tax is payable by a taxable person

Person--Meaning

Person having more than one registration--Effect of

Different establishments of a person

Levy of tax on Reverse Charge basis on certain notified services

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

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

Payment of tax under composition levy

13.

Levy of IGST

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

No IGST leviable on supply of alcoholic liquor for human consumption

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

Levy of tax on import of goods into India

Inter-State supply

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

Supply of goods imported into territory of India

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

Location of recipient of services

Location of supplier of services

Fixed establishment

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

Inter-state transfer of aircraft engines, parts and accessories

Supply of goods by artists from galleries outside State

Supply of services imported into territory of India

Supply of goods or services outside India

Supply to or by SEZ developer or SEZ unit

Supply in taxable territory, not being an intra-State supply

Supplies in territorial waters

Compulsory registration in certain cases

No benefit of composition levy

Levy of IGST on reverse charge basis

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

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

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

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

14.

Meaning and Scope of Supply

Taxable event under GST

Meaning and scope of supply

Import of services for any purpose is regarded as supply

Import of goods is not supply under GST

Taxability of self-supplies

Transfer of both title and possession is necessary

Supply must be effected in the course or furtherance of business

Business--Definition

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

Supply is effected by a taxable person

Person ceased to be a taxable person--Consequences of

Clarifications in Tweet FAQs

Consideration--Meaning

Supply of artwork by artists to galleries--Taxability

Taxability of services rendered by NGOs, Charitable entities, Societies, etc.

Donation and grants are not taxable

Activities that are treated as supply even if made without consideration

Supply made without consideration--Taxability

Activities or transactions which are treated as supply of goods

Activities or transactions which are treated as supply of services

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

Activities or transactions specified in Schedule III

Taxability of perquisites provided by employer to employees as per contractual agreement

Levy of tax on director's remuneration

Taxability of fee/penalty paid to Consumer Disputes Redressal Commission

Activities which are neither supply of goods nor supply of services

15.

Composite and Mixed Supply

Composite supply--Meaning

Composite supply v. naturally bundled services

Principal supply--Meaning

Two or more supplies should be taxable supplies

Tax liability on a composite supply

Time of supply in case of composite supply

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

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

Mixed supply--Definition

Taxability of mixed supply

Time of supply in case of mixed supplies

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

16.

Time of Supply of Goods

Incidence of tax is supply of goods or services or both

Time of supply of goods, generally

Taxability of advance received against supply of goods

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

Extent of supply

Provision illustrated

Time of supply of goods in case of reverse charge

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

Date on which payment is made--Meaning

Time of supply in case of supply of vouchers

Time of supply in other cases

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

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

17.

Time of Supply of Services

Time of supply of services, generally

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

Extent of supply

Date of receipt of payment--Meaning

Provision illustrated

Time of supply of services in case of reverse charge

Where determination of time of supply is not possible

Time of supply in case of supply by associated enterprises

Time of supply in case of supply of vouchers

Residuary rule for determination of time of supply of service

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

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

Time of supply in case of continuous supply of services

18.

Place of Supply

Significance of determination of place of supply

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

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

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

Place of supply of services, generally

Services related to immovable property

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

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

Personalized services

Services relating to training and performance appraisal

Services by way of admission to an event

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

Services by way of transportation of goods

Passenger transportation service

Services on board a conveyance

Telecommunication, broadcasting, cable, DTH services

Banking and other financial services

Insurance services

Advertisement services to Government, local authority, etc.

19.

Exempted, Nil-Rated and Non-Taxable Supply

Exempt supply--Meaning

Non-taxable supply--Meaning

Activities not regarded as supply of goods or services

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

Zero rated supply

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

Nil rated supply

Power to grant exemption by Central Government

Exemption i.r.o. supply of certain goods

Conditional exemption in respect of certain goods

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

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

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

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

Exemption i.r.o. supply of certain services

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

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

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

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

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

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

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

Exemption in respect of goods supplied to FAO of United Nations

Concessional rate of tax in respect of supply of goods to specified institutions

Exemption i.r.o. supply of goods by retail outlets to an international tourist

Exemption i.r.o. supply of services by intermediary to person outside India

Concessional rate of tax in respect of old and used vehicles

Concessional rate of tax in respect of handicraft goods

20.

Composition Levy

Composition Scheme

Persons eligible to opt for composition levy under section 10(1)

Persons not eligible to opt for composition levy under section 10(1)

Persons engaged in supply of services--Eligibility for composition levy under section 10(1)

Persons eligible to opt composition levy under section 10(2A)

Persons not eligible to opt for composition levy under section 10(2A)

Aggregate turnover--Meaning and scope

Rate of tax under composition levy

Turnover in State or Union territory--Meaning and scope

Manufacturers of certain goods are not eligible to opt for composition levy

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

Conditions and restrictions applicable to a composition taxable person

Persons making supply of non-taxable goods cannot opt composition levy

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

Persons making supply of goods through an electronic commerce operator

When option to pay tax under composition scheme would lapse

Composition dealer cannot collect tax nor can take input tax credit

Levy of tax on RCM on goods and services notified under section 9(3)

Levy of tax on reverse charge on receipt of goods or services from unregistered persons

Manner of opting for composition levy

Filing of fresh declaration for subsequent years is not required

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

Effective date of composition levy

Validity of composition levy

Consequences of ceasing to satisfy conditions of composition scheme

Suo motu withdrawal of scheme by registered person

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

Composition dealers are required to issue Bill of Supply

Details required to be contained on a Bill of Supply

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

Issuance of invoice by a composition person paying tax on RCM basis

Periodicity and due date for payment of tax by a composition taxable person

Furnishing of quarterly statement by a composition taxpayer

Furnishing of annual return by a composition taxable person

Payment of tax due on return

Furnishing of nil return is mandatory

Rectification of omission or incorrect particulars in return

Late fee for furnishing of annual return in Form GSTR-4

Violation of conditions of composition scheme--Consequences of

21.

Levy of Tax on Reverse Charge Basis

Concept of reverse charge

Reverse charge--Meaning

Applicability of reverse charge under different circumstances

Supply of goods or services notified by Government

Reverse charge on receipt of goods or services by a registered person from unregistered person [Position upto 31-1-2019]

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

Reverse charge on receipt of goods or services from an unregistered person [Position effective from 1-4-2019]

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

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

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

Recipient of goods or services is required to get registered

Issuance of tax invoice by recipient of goods or services

Issuance of payment voucher by recipient of goods or supply

Time of supply of goods covered by reverse charge

Time of supply of services covered by reverse charge

Time of supply made by an associated enterprises located outside India

Value attracting reverse charge is not included in aggregate turnover

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

22.

Tax Deduction at Source

Persons required to deduct tax at source

Date from which tax is required to be deducted

Threshold amount above which tax is required to be deducted

Taxes are not included in value

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

Rate of tax deduction at source

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

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

Registration by a person liable to deduct tax at source

Payment of tax deducted at source

Return of tax deduction at source

Late fee for failure to furnish TDS Return

Certificate of tax deduction at source

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

Credit of tax deducted at source

Payment of interest

Determination of amount in default

Refund of tax deducted at source

Penalty for failure to deduct or deposit tax deducted at source

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

APPENDIX--Code Numbers Allotted to the Principal Controllers/Controllers of Defence Accounts

23.

Electronic Commerce Operator

Meaning of "electronic commerce" and "electronic commerce operator"

Compulsory registration in certain cases

Liability of electronic commerce operator to pay tax under section 9(5)

Taxability of restaurant services supplied through e-commerce operators

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

Person liable to pay tax in certain cases

Collection of tax at source by electronic commerce operator

Net value of taxable supplies--Meaning and scope

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

Point of time for collection of tax at source

Procedure for taking registration by an electronic commerce operator

Payment of tax collected at source

Furnishing of monthly statement of supplies

Credit of tax collected at source

Matching of details and communication of discrepancies

Rectification of omission or incorrect particulars furnished in monthly return

Maximum time period of rectification of omission or incorrect particulars

Furnishing of annual statement

Power of Deputy Commissioner to call for certain details

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

Penalty for certain offences

24.

Casual Taxable Person or Non-Resident Person

Casual taxable person--Meaning

Non-resident taxable person--Definition

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

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

Exemption from obtaining registration to a casual taxable person

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

Taxable supply can be made only after taking registration

Validity period of registration

Taking of normal registration in case of long running exhibitions

Application for extension in period of operation

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

Liability to pay advance tax

Utilization of tax deposited

Payment of additional advance tax

Facility of composition scheme is not available

Refund of advance tax only after furnishing of monthly returns

Furnishing of monthly return by a non-resident taxable person

No requirement of furnishing annual return

25.

Job Work

Job work--Meaning

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

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

Procedure for removal of inputs or capital goods to job worker

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

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

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

Supply of waste and scrap generated during job work

Documents required to be issued

Responsibilities of a job worker

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

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

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

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

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

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

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

Registration requirement

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

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

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

26.

Value of Taxable Supply

Tax is leviable on value

Transaction value is value of taxable supply

Supplier and recipient of supply are not related

Items to be included in value of supply

Treatment of discount

Treatment of packing material

Determination of value as per CGST Rules

Determination of value of supply for a consideration not wholly in money

Open market value--Meaning

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

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

Distinct persons

Value of supply of goods made or received through an agent

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

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

Residual method for determination of value

Determination of value in case of del-credere agent services

Value of supply in case of lottery

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

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

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

Value of supply of services in relation to life insurance business

Determination of value of second hand goods

Value of token, voucher, coupon, etc.

Nil value for notified taxable services

Value of supply of services in cases where Kerala Flood Cess is Applicable

Value of supply of services in case of pure agent

Rate of exchange for determination of value

Where value of supply is inclusive of tax

27.

Input Tax Credit

Statutory provisions governing input tax credit

Taking of input tax credit

Important terms--Defined

Conditions for taking input tax credit

Receipt of goods or services--Scope of provision

Communication of details of inward supplies and input tax credit

Restriction on availment of ITC not reflected in GSTR-2A [Position upto 31-12-2021]

Manner of dealing with difference in ITC as per Form GSTR-3B and GSTR-2A

Restriction on availment of ITC not reflected in GSTR-2B [Position w.e.f. 1-1-2022]

Maximum time limit for claiming input tax credit

Non-payment of tax by supplier--Consequences of

Value of supply and tax not paid to supplier within 180 days--Consequences of

No ITC allowable where demand has been confirmed on account of fraud, etc.

Cross utilization of ITC between two firms located in different States not allowable

Taking of input tax credit by non-resident

Restriction on use of amount available in electronic credit ledger

Transfer of amount from one cash ledger to another cash ledger

Goods or services not eligible for input tax credit [Position up to 31-1-2019]

Goods or services not eligible for input tax credit [Position w.e.f. 1-2-2019]

No ITC on goods lost, stolen, written of or disposed of by way of gift or free

ITC of tax paid on goods and services utilized in CSR activities

Documents required for claiming input tax credit

Documents must contain prescribed particulars

Order of utilization of input tax credit

Power of Commissioner to block electronic credit ledger

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

Input tax credit on capital goods is allowable in one installment

Transfer of credit on obtaining separate registration for multiple places

28.

Input Tax Credit in Special Circumstances

Statutory provisions governing allowability of ITC under special circumstances

Goods or services used partly for business and partly for non-business purpose

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

Meaning of exempt supply

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

Calculation of eligible input tax credit, finally

Calculation of input tax credit in case of supply of services covered by clause (b) of paragraph 5 of Schedule II

Calculation of input tax credit in case of supply of services covered by clause (b) of paragraph 5 of Schedule II to the CGST Act, finally

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

Manner of determination of input tax credit in respect of capital goods in case of construction services

Other points relevant to calculation of ITC in respect of capital goods

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

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

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

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

Input tax credit in case of switching over from composition levy to normal scheme

Input tax credit in case of exempt supply becoming taxable supply

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

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

Transfer of input tax credit in case of death of sole proprietor

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

Manner of reversal of credit under section 18(4)

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

Transfer of ITC within same State or Union territory

29.

Input Tax Credit Vis-a-Vis Job Work

Procedure for removal of inputs or capital goods for job work

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

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

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

Capital goods--Meaning of

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

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

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

30.

Input Service Distributor

Concept of input service distributor

Input service distributor--Definition

Registration as ISD

Filing of return by ISD

Manner of distribution of credit by ISD

Reduction of amount of input tax credit--Consequences of

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

Conditions to be satisfied for distribution of input tax credit

Relevant period--Definition

Recipient of credit--Defined

Turnover--Defined

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

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

Manner of recovery of credit distributed in excess

Transitional provisions in respect of distribution of service tax credit

Penalty for distribution of credit wrongly

31.

Import of Goods or Services

Important terms--Defined

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

Taxability of import of services made on or after 1-7-2017

Place of supply of goods imported into India

Place of supply of services imported into India

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

Place of supply of services supplied in respect of goods

Services provided in physical presence of an individual

Services supplied directly in relation to an immovable property

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

Services supplied by a banking company to account holders

Intermediary services

Services consisting of hiring of means of transport

Services of transportation of goods

Passenger transportation services

Services provided on board a conveyance

Online information and database access or retrieval services

Place of supply of research and development services related to pharmaceutical sector

Place of supply of maintenance, repair or overhaul service in respect of aircrafts, aircraft engines, etc.

32.

Assessment of Tax under GST

I. ASSESSMENT UNDER GST--GENERAL PROVISIONS

Statutory provisions dealing with assessment of tax under GST

Meaning of assessment

II. SELF-ASSESSMENT

Self-assessment

Tax period--Meaning of

Recovery of self-assessed tax

Payment of tax in installment not permissible in case of self-assessed tax

Penalty for non-payment of self-assessed tax

III. PROVISIONAL ASSESSMENT

Cases in which provisional assessment is sought to be made

Manner of furnishing request for provisional assessment

Issue of notice by proper officer

Passing of order by proper officer

Time limit for passing of order

Execution of bond

Finalization of provisional assessment

Liability to pay interest

Release of security

Excess tax paid may be adjusted against short-payment

Refund claim can be filed online only

Payment of interest on refund

Demand can be raised only after finalization of duty

Failure to file statement of provisional assessment--Effect of

Assessment is provisional for all purposes

IV. SCRUTINY OF RETURNS

Who can scrutinize returns?

Intimation of discrepancies noticed

Payment of tax or furnishing of explanation by taxable person

No further action if explanation is found acceptable

Consequences upon failure to furnish satisfactory explanation

Standard Operating Procedure for scrutiny of returns

Parameters for selection of returns for scrutiny

V. BEST-JUDGMENT ASSESSMENT

Who are non-filers of returns?

What is best-judgment assessment?

Order of assessment

Time period for passing best-judgment assessment order

Withdrawal of best-judgment assessment

One time amensty for deemed withdrawal of best-judgment assessment

Time period of 30 days to be strictly followed

Availability of order on common portal is a proper communication of order

Assessment order passed without waiting for statutory period of 30 days

No withdrawal of assessment where returns filed after 30 days

Best-judgment order passed on arbitrary basis not sustainable

Standard Operating Procedure to be followed in case of non-filers of return

VI. ASSESSMENT OF UNREGISTERED PERSONS

Manner of making assessment of unregistered person

Grant of opportunity of being heard

VII. SUMMARY ASSESSMENT

When is summary assessment resorted to?

Summary assessment, where the taxable person is not ascertainable

Withdrawal of summary assessment

33.

Demand of Tax and Adjudication Proceedings

Statutory provisions dealing with demand and recovery of tax

Comparative chart showing scheme of provisions under sections 73 and 74

I. DEMAND AND RECOVERY OF TAX UNDER SECTION 73

Cases when provisions of section 73 can be invoked

Service of show cause notice

Mode of service of notice, order, etc.

Time limit for service of show cause notice

Issuance of statement for subsequent period on the same ground

Second show cause notice cannot be issued for same period

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

Issuance of show cause notice for recovery of amount falling short

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

Payment of tax would not absolve from prosecution proceeding

Determination of tax, interest and penalty

Time limit for passing order under section 73(9)

Imposition of penalty upon failure to pay self-assessed tax

Conclusion of proceeding in respect of co-noticee

II. DEMAND AND RECOVERY OF TAX UNDER SECTION 74

Cases when can provisions of section 74 can be invoked

Suppression--Meaning of

Issuance of show cause notice

Order passed without issuance of show cause notice is not valid

Demand of tax on the basis of vague show cause notice--Not sustainable

Time limit for issuance of notice

Issuance of statement for subsequent period on the same ground

Corrigendum to show cause notice--Validity

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

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

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

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

Issuance of show cause notice for recovery of amount falling short

Payment of tax, interest and 25% of penalty within 30 days of issuance of show cause notice--Consequences of

Payment of tax would not absolve from prosecution proceeding

Passing of adjudication order

Tax, interest and 50% of penalty paid within 30 days of issuance of adjudication order--Consequences of

Conclusion of proceeding in respect of co-noticee

III. GENERAL PROVISIONS RELATING TO DETERMINATION OF TAX

Effect of stay of service of notice or issuance of order

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

Order required to be issued in pursuance of direction of Tribunal

Opportunity of personal hearing

Adjournment of hearing

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

Adjudication order cannot travel beyond show-cause notice

Order passed before the date of furnishing reply to show cause notice

Modification of interest and penalty consequent to modification of demand

Deemed conclusion of adjudication proceeding after specified period

Exclusion of certain period for passing adjudication order

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

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

Tax to be deposited within 90 days

Generation and quoting of DIN

34.

Recovery of Tax, Interest and Penalty

Amount collected as CGST is required to be deposited to Government

Issue of show cause notice requiring payment of tax and penalty

Determination of amount due to be paid

Interest is also payable

Opportunity of hearing to be granted upon request

Time limit for passing order

Period of stay to be excluded from limitation period

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

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

Initiation of recovery proceedings

Recovery of tax

Deduction from amount payable to assessee

Sale of goods belonging to taxable person

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

Distraining and detaining movable or immovable property belonging to assessee

Recovery of amount as arrears of land revenue

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

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

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

Recovery through execution of a decree, etc.

Recovery by sale of movable or immovable property

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

Attachment of debt and shares, etc.

Recovery from surety

Payment of tax and other amount in instalments

Transfer of property to be void in certain cases

Tax to be first charge on property

Provisional attachment to protect revenue in certain cases

Provisional attachment to cease to expire after expiry of one year

No provisional attachment without pendency of any proceeding

Order under section 83 cannot be passed after passing order in Form DRC-07

Scope of power to attach property provisionally

Cash credit cannot be attached

Procedure to be followed for making provisional attachment

Continuation and validation of certain recovery proceedings

35.

Refund of Tax

Cases in which refund is allowable

Refund of tax paid under existing law

Time limit for claiming refund

Relevant date--Meaning

Manner of filing refund claim

Need of aadhaar authentication for filing refund application

New procedure for processing of refund applications

Assignment of refund applications to concerned authority

Furnishing of returns in Form GSTR-1 and Form GSTR-3B is necessary

Filing of undertaking by applicant

Periodicity of refund claim

Deficiency memo

Scrutiny of refund application

Procedure for rejection of refund claim

Refund sanction order shall be issued by single authority only

Disbursement of refund through PFMS

Calculation of interest payable to assessee

Adjustment of refund against outstanding demand

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

Manual filing and processing of refund claims

Procedure for filing application and processing of refund claim upto 25-9-2019

Electronic filing and processing of refund

Refund of balance in electronic cash ledger

Refund of tax in respect of zero-rated supply

Consequences of non-realisation of sale proceeds

Refund in case of supply to SEZ unit or SEZ developer

Refund in case of deemed export

Refund of unutilized input tax credit

Manner of determining refund under inverted duty structure

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

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

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

Documents required to be accompanied with refund application

Procedure of refund in case of export under bond or LUT

Recovery of refund of unutilised ITC or IGST paid on export of goods

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

Cases, where declaration or certificate is not required to be furnished

Procedure for acknowledgment of refund application

Refund of TDS/TCS deposited in excess

Order of refund and time period for making such order

Grant of provisional refund

Refund sanction order

Withholding of refund amount

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

Refund to retail outlets established at departure area of International Airport

Procedure for claiming refund subsequent to favourable order in appeal

Refund for a period under which NIL refund application has been filed

Person bearing incidence of tax may apply for refund of the same

Refund of tax paid on intra-State supply, later held as inter-State supply

Tax wrongly paid would be adjusted against tax liability without interest

Applicability of principle of unjust enrichment

Cases where bar of unjust enrichment does not apply

No refund is allowable below ` 1,000

Refund of tax paid under existing law

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

Interest on delayed refund

36.

Zero Rated Supply

Treatment of export of goods or services under GST

Zero rated supply--Meaning

Export of goods--Meaning

Goods sent out of India for exhibition is not zero-rated supply

Export of service

Supply of goods or services to SEZ Developer or SEZ unit

Deemed export

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

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

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

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

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

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

Time period for furnishing proof of export

Eligibility to export under LUT

Conditions and safeguards under which LUT may be furnished

Validity period of LUT

No LUT required in case of zero rated supply of exempted goods

Form of bond or LUT

Self-declaration about non-prosecution

Time period for filing LUT or Bond

Time period for acceptance of LUT or Bond

LUT may be furnished even after export

Requirement of furnishing Bank guarantee

Clarification regarding running bond

Sealing by officers

Purchases from manufacturer and Form CT-1

Supplies to Export Oriented Units

Realization of export proceeds in Indian Rupee

LUT/Bond shall be accepted by jurisdictional Deputy/Assistant Commissioner

Exports made after specified period

Discrepancy between value of GST invoice and shipping bill/bill of export

37.

Audits under GST

Statutory provisions dealing with audit of accounts

Audit--Defined

I. ANNUAL AUDIT UNDER SECTION 35(5)

Abolition of audit under section 35(5)

Persons required to get accounts audited

Aggregate turnover--Meaning and scope

Persons not required to get accounts audited

Who can perform audit under section 35(5)

Submission of audit report and reconciliation statement

Due date of furnishing audit report

Furnishing of annual return along with audited annual accounts

Form GSTR-9C cannot be filed unless Form GSTR-9 is filed

Furnishing of all GST returns is mandatory before furnishing Form GSTR-9C

Taxpayer cannot make any change in JSON file uploaded by Auditor

Form GSTR-9C cannot be revised

Consequence of failure to get accounts audited

II. AUDIT BY TAX AUTHORITIES

Who can conduct audit of business transactions

Periodicity of audit

Place, where audit may be conducted

Fifteen working days advance notice

Time period of completion of audit

Commencement of audit--Meaning of

Duties of registered person

Scope of audit

Intimation of findings and discrepancies to registered person

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

III. SPECIAL AUDIT

Officer empowered to give direction for special audit

Cases, where direction for special audit can be given

Approval of Commissioner is necessary

Persons authorised to conduct special audit

Audit report to be furnished within 90 days

Informing finding of special audit to registered person

Special audit would be in addition to any other audit

Opportunity of being heard to registered person

Access to business premises

Taxable person is required to provide necessary documents

Audit fee and incidental expenses to be paid by Commissioner

Action under section 73 or section 74

38.

Search, Seizure and Arrest

Statutory provisions governing inspection, search and seizure

Power of inspection

Deputy Assistant Commissioner is not empowered to pass order u/s 67(2)

Places which can be inspected

Reasons should be recorded before issuing search warrant

Contents of a Search Warrant

Search without a warrant would be illegal

Inspection in movement

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

Seizure of goods, documents, books or things

Entrusting ownership of goods to owner or custodian of goods

Where it is not practicable to seize goods

Retention of goods, documents, etc., and return thereof

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

Right to make copies of documents seized or take extracts

Collection of tax during search proceeding is not valid

Release of seized goods on provisional basis

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

Disposal of goods of perishable or hazardous nature after their seizure

Preparing inventory of goods

Applicability of provisions of Code of Criminal Procedure

Seizure of accounts, registers or documents

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

Principles to be observed during search operations

Details are required to be validated

Person in charge of vehicle is required to produce documents

Meaning of arrest

When does need for arrest arise?

Who would be authorised to arrest any person?

Authorised officer to inform the grounds of offence

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

Safeguards provided for a person who is placed under arrest

Guidelines for arrest and bail in relation to offence punishable under CGST Act

Who can summon and who can be summoned?

Purpose to summon

Consequences of non-appearance to summons

Every inquiry to be a judicial proceeding

Guidelines for issue of summons

Precautions to be observed while issuing summons

Who shall have power to access to business premises

Duty of person-in-charge of premises

Officers required to assist proper officers

39.

Detention and Seizure of Goods and Conveyances

Detention, seizure and release of goods and conveyances in transit

Amount required to be paid for release of goods

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

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

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

No physical verification to be carried out more than once

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

No penalty imposable for minor spelling or clerical mistakes

Transportation of goods with expired e-way bill--Detention of goods and vehicles

Difference in value in e-way bill and original delivery challan

Value quoted in invoice being lower than maximum retail price of goods

Detention of goods from godown is not sustainable

Detention of goods on account of wrong destination--Validity

Bona fide dispute with regard to classification of goods

Penalty imposed on driver--Right of consignee to file appeal

Taxpayer not asking provisional release of goods--Penalty not imposable

Tax liability cannot be determined under section 129

Taxpayer paid amount under section 129(1)--Requirement of passing order under section 129(3)

Confiscation of goods or conveyances

Scope of powers of authorities under sections 129 and 130

Confiscation of goods on mere suspicion not sustainable

Confiscation or penalty would not interfere with other punishments

40.

Prosecution and Compounding of Offences

Offences punishable under the Act

Punishments specified under the Act

Minimum term of imprisonment

Applicability of provisions of Code of Criminal Procedure

Guidelines for launching of prosecution under CGST Act

Cognizable offence--Meaning and nature

Meaning of non-cognizable offence

Presumption of culpable mental status

Relevancy of statements under certain circumstances

Offences by companies and certain other persons

Compounding of offences

Procedure for compounding of offences

41.

Appeal to Appellate Authority

Filing of appeal before Appellate Authority

Non-appealable decisions and orders

Time limit for filing appeal

Form for filing appeal to Appellate Authority

Filing of manual appeal is permissible, where order not uploaded on website

Documents required to be submitted to Appellate Authority

Withdrawal of Appeal

Mandatory pre-deposit as a condition for filing appeal

Interest on delayed refund of pre-deposit

Observation of principles of natural justice

Adjournment of hearing

Addition for more grounds of appeal

Passing of order by Appellate Authority

Opportunity of showing cause against unfavourable order

Observation of provisions of sections 73 and 74 in certain cases

Order of Appellate Authority

Time period for passing order by the Appellate Authority

Communication of order of Appellate Authority

Order of Appellate Authority shall be final

Interest on refund of amount paid for admission of appeal

Appeal by department

Production of additional evidences before Appellate Authority

42.

Appeal to Appellate Tribunal

Who can file appeal to Appellate Tribunal?

Jurisdiction of various Benches of Appellate Tribunal

Time limit for filing appeal to Appellate Tribunal

Non-constitution of Appellate Tribunal--Effect of

No coercive action to be taken till constitution of Appellate Tribunal

Form and manner of filing appeal to Appellate Tribunal

Fee for filing appeal to Appellate Tribunal

Documents required to be submitted to Registrar

Refusal to admit appeal where amount involved is not substantial

Filing of cross-objection

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

Appeal by department

Production of additional evidence before Appellate Tribunal

Order of Appellate Tribunal

Adjournment of hearing

Rectification of error by Appellate Tribunal

Time period for deciding appeal by Appellate Tribunal

Communication of copy of order to related parties

Interest on refund of amount paid for admission of appeal

Appellate Tribunal would be guided by principles of natural justice

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

Enforcement of order of Appellate Tribunal

Proceedings before Appellate Tribunal are judicial proceedings

43.

Appeal to High Court/Supreme Court

Appeal to High Court

Appeal to Supreme Court

Sums due to be paid notwithstanding appeal, etc.

Appeal not to be filed in certain cases

Non-appealable decisions and orders

44.

Revision

Powers of Revisional Authority

Limitation period for making revision

Officers authorised as Revisional Authority

Opportunity of being heard to be given before passing of order

Orders which cannot be revised

Finality of Revision Order

Order of Revisional authority

45.

Advance Ruling

Important definitions

Questions on which advance ruling may be sought

Form of application for advance ruling and fee [Rule 104]

Procedure on receipt of application

Pronouncement of Advance Ruling

Reference of point of difference to Appellate Authority

Appeal to Appellate Authority

Orders of Appellate Authority

Manual Filing of application

Rectification of Advance Ruling

Binding nature of Advance Ruling

Advance ruling to be void in certain cases

Powers of Authority for Advance Ruling

Appeal to National Appellate Authority

46.

GST Practitioner

Meaning of goods and services tax practitioner

Role of a GST practitioner

Persons entitled to get enrolled as a GST practitioner

Responsibility would rest with registered person

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

Procedure for enrolment of GST practitioner

Normal registration by GST Practitioner

Authorisation to GST Practitioner

Activities which can be undertaken by a GST Practitioner

Consent to GST practitioner for preparing and furnishing of return

Separate user ID and password for GST practitioner

Disqualification for functioning as a GST practitioner

Appearance before any authority

Part III--GST Procedures

47.

Registration

Liability to get registered

Increased threshold limit for persons engaged exclusively in supply of goods

Aggregate turnover--Meaning and scope

Persons liable to get registered compulsorily

Liability of persons making inter-State taxable supply, to get registered

Liability of casual taxable person to get registered

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

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

Liability of non-resident taxable persons to get registered

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

Persons making taxable supply on behalf of other taxable persons

Liability of Input Service Distributors to get registered

Persons supplying goods or services through electronic commerce operator

Electronic commerce operator

Persons supplying online information and data base access or retrieval services

Persons notified by Government

Voluntary registration

Persons not liable to get registered

Persons exempted from obtaining registration

Registration to be taken for every State or Union territory

Registration is State specific

Registration to be taken in the State 'from where taxable supply is made'

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

Separate registration to be taken for unit located in SEZ

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

Registered person having establishment in another State or Union territory

PAN is mandatory for getting registered

Authentication of Aadhaar

Time limit for getting registered

Grant of Unique Identity Number (UIN) to certain entities

Procedure for making application for registration

Verification of application and approval of registration

Special procedure for taking registration by any person in State of Gujarat

Registration by persons required to deduct or collect tax at source

Suo moto registration by proper officer

Method of authentication of registration application

Person authorised to sign or verify application or any other document

Physical verification of business premises

Procedure for issuance of registration certificate

Deemed grant of registration

Suo moto registration by proper officer

Registration certificate

Effective date of registration

Registration is permanent

Effect of grant of registration under SGST/UTGST Act

Effect of rejection of registration under SGST/UTGST Act

Display of registration certificate and GSTIN on name board

Registration of casual taxable person or non-resident taxable person

Furnishing of Bank Account Details

Amendment in registration

Procedure for amendment in non-core fields of registration

Procedure for amendment of core fields (i.e. name of firm, address and directors/partners, etc.)

Application cannot be rejected without giving opportunity of being heard

Rejection/approval of amendment, both for CGST and SGST

Penalty for failure to obtain registration or for furnishing false information

48.

Cancellation of Registration and Revocation Thereof

Cancellation of registration

Suo motu cancellation of registration by proper officer

Contravention of provisions of Act and Rules leading to cancellation of registration

Cancellation of registration on basis of vague show cause notice not sustainable

Registration of purchasing dealer cannot be cancelled for fraud committed by selling dealer

Cancellation of registration without giving any reason--Not sustainable

Physical verification in absence of taxpayer--Validity of cancellation of registration

Procedure for cancellation of registration by proper officer

Procedure for making application for cancellation of registration by taxpayer

Requirement of issuance of notice for filing of pending returns

Suspension of registration

Reasonable opportunity of being heard to be given

Cancellation would not affect liability of taxable person

Cancellation of registration, both for CGST Act and SGST Act

Payment of input tax credit balance pertaining to inputs held in stock

Payment of input tax credit balance pertaining to capital goods

Furnishing of final return

Revocation of cancellation of registration

Procedure for revocation of cancellation of registration

Cancellation of registration of companies in certain cases

49.

Payment of Tax

Periodicity and due date for payment of tax

Electronic ledgers

Electronic liability register

Electronic credit ledger

Restriction on use of amount available in electronic credit ledger

Electronic Cash Ledger

Transfer of amount from one head to another head of cash ledger

Transfer of any amount to electronic cash ledger of a distinct person

Payment of GST by cheque--Date of payment

Return filed without payment of tax is not a valid return

Online generation and modification of challan

Validity period of challan

CPIN and CIN--Meaning of

Sequence of discharge of tax and other dues

Date of deposit in electronic cash ledger

Payment of tax and other amount in installments

Levy of interest on delayed payment of tax

50.

GST Returns

Furnishing of monthly/quarterly return in Form GSTR-3B

Furnishing of details of outward supplies

Furnishing of quarterly statement by a composition dealer

Furnishing of monthly return by persons providing OIDAR services

Furnishing of monthly return by an Input Services Distributor

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

Requirement of furnishing Nil return

Bar on furnishing of return where return of preceding tax period is not furnished

Maximum time limit for furnishing GST returns

Rectification of omission or incorrect particulars in a return

First return

Annual return

Final return

Notice to return defaulters

Mode of filing return

Furnishing of return through SMS

Method of verification

Levy of late fee

51.

Quarterly Return Monthly Payment (QRMP) Scheme

What is QRMP?

Who is eligible to opt QRMP Scheme?

Manner of opting QRMP Scheme from 1-4-2021 and onwards

No need to exercise the option for every quarter

Opting out from Scheme

Opting for furnishing return every month

Option to avail QRMP Scheme is available GSTIN wise

Furnishing of details of outward supplies

Payment of tax for first and second month of a quarter

Persons not required to make monthly payment under QRMP Scheme

Quarterly filing of Form GSTR-3B

Payment of interest

No late fee chargeable for delay in payment of tax

52.

Furnishing of Details of Outward Supply