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gstlegal.org GST LEGAL is a team of Advocates & consultants in the field of Customs, Central Excise and Service Tax. Visit www.gstlegal.org.

This page is a forum to discuss the law on Central Excise and Service Tax matters. Every body is invited to post their queries, inputs, views, news on these subjects.

01/07/2023

GST has completed Six years.
It was a tumultuous journey.
Slowly the business community is coming to terms with this system.
Government is also learning and improving.
Wishing everyone on this sixth anniversary of introduction of GST and hoping that it improves to give an impetus to the business and trade and to the Government revenue.

01/07/2023

Advisory: Online Compliance Pertaining to Liability / Difference Appearing in R1 – R3B (DRC-01B)
29/06/2023

Dear Taxpayers,

1. It is informed that GSTN has developed a functionality to enable the taxpayer to explain the difference in GSTR-1 & 3B return online as directed by the GST Council. This feature is now live on the GST portal.

2. The functionality compares the liability declared in GSTR-1/IFF with the liability paid in GSTR-3B/3BQ for each return period. If the declared liability exceeds the paid liability by a predefined limit or the percentage difference exceeds the configurable threshold, taxpayer will receive an intimation in the form of DRC-01B.

3. Upon receiving an intimation, taxpayer must file a reply in Form DRC-01B Part B, providing clarification through reason in automated dropdown and details regarding the discrepancy, if not included in the dropdown.

18/08/2017

Government has extended the last date for filing GSTR 3B to 28th August for those, who want to avail transitional credit by filing GST TRANS 1. For all others who do not have transitional credit, the last date remains 20th August. However, the payment has to be made by 20th August. There is no extension of last date for making the payment of tax. refer Notification No. 23/2017 C.Tax dated 17.08.2017.

18/07/2017

Some people are asking whether they have to pay the GST under RCM on purchases from URDs only on the excess amount over and above Rs. 5000/ per day or on the entire amount where the receipt in a day exceed Rs. 5000/ from URDs.
In my opinion the GST shall be payable on entire amount of purchase from URDs for that day. because the proviso in notification No. 8/2017 C.T. (rate) makes the exemption inapplicable if the amount crosses Rs. 5000 for a day.

13/07/2017

Public Notice. No. 84/5017 dated 5.7.17 has been issued by the Commissioner of Customs, in pursuance of Notifications No. 58 & 59 Customs (NT) both dated 29.06.2017. By these Notifications the Government has brought certain changes in the Drawback Scheme in view of the introduction of GS with effect from 01.07.2017.
As you are aware the drawback is given at the rates given in Drawback Schedule, also called as All India Rates or at Brand Rate.
Brand Rate can be fixed, where the AIR is not given in the Schedule or if the Exporter claims that the actual drawback is more than the AIR and the difference between teh actual and the schedule rate is more than 20%.
Government is in the process of revising the Schedule rates (AIR). However, the drawback will be allowed at existing rates and as per existing practices with certain changes. These are:
(i) Certain changes have been made in the rates and the CAP (maximum allowed) in some of the commodities. Prima facie there is no change in schedule rate for your commodity. Changes pertain to Chapters 3, 15, 16, 23, 52, 54, 55, 56, 94, 95.

(ii) So far the work of brand rate fixation was being doene by the Jurisdictional Authorities. Now this work will be undertaken by the Customs Authorities of the Port of Export. Supplementary claims will also be exclusively dealt by Customs.

(iii) Condtions are being introduced that:
Drawback will not be available if
(a) The exporter claims refund of IGST paid on the export goods;
(b) The exporter claims refund of ITC of CGST or IGST on inputs or input services used in export goods;
(c) The exporter avails the credit of CGST or IGST paid on export goods;
(d) The exporter avails the credit of CGST or IGST paid on the goods or services used in export goods;
(e) The exporter carries forward the credit of CGST or IGST paid on goods or services used in export goods under GST Law.
(f) Exporter shall have to produce a certificate from the jurisdictional GST officer respect to above (a) to (f).

12/07/2017

Everybody is welcome to send their queries on GST. I shall be happy to answer them. It is absolutely free.

12/07/2017

Earlier in Central Excise/ Service Tax regime, in case of the job work done under 4(5)(a) of CENVAT Credit Rules excise duty as well as service tax was not required to be paid.
IN GST in case of job work done under section 143, no GST is payable while removing the goods either by the principal or the job worker. However, the GST on job charges is payable at applicable rate.
However, in case of goods already lying with the job worker as on 30.06.2017, GST is not reqired to be paid if:
(i) Both, the job worker and principal declare the goods in their GST-TRAN 1;
(ii) The goods after job work are cleared by the job worker on or before 31.12.2017. Section 141 of CGST/SGST Act.

12/07/2017

Check whether your GSTIN is available in Customs EDI by visiting CBEC web site www.cbec.gov.in

12/07/2017

I shall advise every exporter to go through FIEO Circular dated 07.07.2017 for export related issues related to GST compliance. Important clarification- In IGST invoice FOB value is to be the basis for valuation.

11/07/2017

Exemption to small scale suppliers
Under the GST small scale suppliers having turnover less than Rs. 20 Lakhs are exempt and therefore are outside the ambit of GST. They are not required to obtain registration and are not required to pay GST.
This limit is Rs. 10 Lakhs for North Eastern states, J & K, Himachal Pradesh and Uttarakhand.
However exemption is not available to following categories:

Person making inter-state supplies;
Casual taxable person
Person required to deduct tax;
An agent
Input service distributor
e-commerce operator
Aggregator supplying services under his brand

The threshold limit is the aggregate of all supplies includingg exempt supplies on all India basis.

09/07/2017

Please understand that this page is meant only for discussions on GST and providing updates on GST. This is not a solicitation of any kind of business or offer for assistance on commercial basis. The information provided is absolutely free. In case you have any query it will be replied absolutely free of cost.

08/07/2017

Goods and Service Tax- GST is a comprehensive tax which replaces various Central and State Tax leviable on goods or services. It replaces Central Excise and Service Tax levied by Centre. It replaces sales tax (VAT), octroi, entry tax, local body tax, luxury tax, entertainment tax (levied by states) and other taxes, surcharges and cess.

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