Category: GST Blog

  • Unutilized Input Tax Credit Refund Under GST

    Unutilized Input Tax Credit Refund Under GST

    Unutilized Input Tax Credit Refund Under GST

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    An inverted tax structure could direct to accumulation of input tax credit on the taxpayer’s GST account. For e.g. input tax credit would give accumulated if a commodity purchases an input that is charged a 12% GST rate and sells the item after processing at a five percent GST rate. In such a scenario, the taxable person enrolled under GST can pertain for a refund of unutilized input tax credit due to an inverted tax structure. In this article, we look at the procedure for applying for an unutilized input tax credit refund under GST.

    good-service-tax

    Requirements For Filing GST Refund Application

    Before filing the application for a GST refund, assure that you have filed GSTR 1 and GSTR 3B returns for the relevant tax period for which the refund application is made. Ordinary taxpayers having a turnover of more than Rs.1.5 crores can file for GST reimbursement every month after filing the relevant GSTR 1 and GSTR 3B returns. 

    Note: Since GSTR 2 and GSTR 3 returns have been temporarily postponed, there is no requirement for filing such returns to claim a GST refund.

    Amount Of Refund Claimed

    The maximum percentage count of refund that can be alleged by a taxpayer on account of an inverted tax configuration can be evaluated using the following formula:

    Refund Amount = (Turnover of inverted rated supply of goods X Net input tax credit / Adjusted total turnover) – Tax payable on such inverted valued supply of goods

    “Refund amount” implies the maximum refund that is adequate.

    “Net ITC” implies input tax credit availed on inputs and input employment during the relevant period

    “Turnover of overturned rated supply of goods” means the value of inverted supply of goods made during the relevant period without payment of tax under the bond of the undertaking.

    “Tax payable on such inverted valued supply of goods,” says the tax payable on such inverted rated supply of goods under the similar head i.e. IGST, CGST, SGST.

    “Adjusted Total turnover” means the turnover in a State, as defined under clause (112) of section 2 of the CGST Act, eliminating the value of free supplies other than inverted-rated supplies, during the relevant period

    “Relevant period” implies the period for which the lawsuit has been filed.

    Step 1: Select Application for Refund

    Login to GST account.

    Click on Application for Refund.

    Step 1 – Unutilised Input Tax Credit Refund

    Step 1 – Unutilised Input Tax Credit Refund

    Step 2: Select Type for Refund Application

    On the refund application page, choose the Refund on account of ITC accumulated due to the Inverted Tax Structure radio button. You can also choose and apply for other kinds of GST refunds from this page.

    Select the tax period (year and month) for which the refund application needs to be filed below the GST refund kinds.

    Click the create button.

    Step 2 – Unutilised Input Tax Credit Refund

    Step 3: Refund Computation

    This is a vastly significant step in making the GST refund application. In the table analysis for refund, the following information must be given 

    In column-1 (Turnover of inverted rated supply of goods), enter the turnover of inverted rated supply of goods by pertaining to column-3.1(a) of the Form GSTR-3B.

    In column-2 (Tax payable on such inverted rated supply of goods), enter the tax payable on such inverted rated supply of goods under the 4 major heads – IGST, CGST, SGST / UTGST, and CESS.

    In column-3 (Adjusted estimate turnover), join the adjusted whole turnover.

    In column-4 (Net input tax credit), enter the Net Input Tax value pictures for the main heads – IGST, CGST, SGST / UTGST, and CESS individually. 

    Step 3 – After filling in the appropriate figures, the refund amounts will get auto-populated for all the four major heads, in the “Amount Eligible for Refund” Table. The individual can verify the refund quantity as provided by the Government in the Refund Claimed table.

    Step 4: Select Bank Account and Submit Application

    The applicant shall earn the refund amount to one of the enrolled bank accounts in the GST Portal and linked with the taxpayer’s GST account. At the time of filling-out form RFD-01A, you will be expected to, select a bank account from the list of your linked / registered accounts in the GST Portal. In case the taxpayer compels receipt of refund in a various bank account, he/she may add that bank account in GST registration details by way of non-core amendment.

    Step 5 – Unutilised Input Tax Credit Refund

    The individual should save the refund application before filing. Hence, keep the refund application by clicking on the Save. Once, the procedure displays a confirmation message upon saving the application, the continue button will be generated.

    Now agree by selecting the checkbox and click the PROCEED key to start the e-signing process.

    Step 4A – Unutilised Input Tax Credit Refund

    Step 4A – Unutilised Input Tax Credit Refund

    Step 5: Sign the Refund Application

    On clicking the proceed button, the steps for digitally signing the GST refund will start. You can now sign with a digital signature or EVC to complete and submit the application.

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  • Documents Required For GST Registration

    Documents Required For GST Registration

    Documents Required For
    GST Registration

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    Goods and Services Tax (GST) is an indirect tax levied in India on the sale of goods and services. It is a destination-based and comprehensive tax because it includes practically all indirect taxes, with the exception of a few state taxes.

    Who Should Register for GST?

    • Individuals who have registered for Excise, VAT, and Service Tax, among other things.
      Businesses with a turnover of INR 40 lakhs.
    • Every ecommerce aggregator.
    • A non-resident or resident taxable person.
    • Agents for a supplier and input service distributor.

    Why GST Registration Is Important

    Before digging into the required paperwork, it’s important to understand why GST registration is critical.

    1. Legal Compliance: Complying with GST legislation will help you avoid penalties and legal troubles.
    2. Input Tax Credit: Receive credit for input taxes paid, reducing your overall tax liability.
    3. Competitive advantage: Increase corporate credibility and trust with consumers and vendors.
    4. Interstate Sales: You can legally perform interstate sales without restrictions.

    Documents Required For GST Registration

    Documents Required for GST Registration

    The documentation required for GST registration varies according to the type of business organization. The following is a thorough list organized by the nature of the business:

    1. Proprietorship

    • PAN Card: PAN card for the proprietor.
    • Aadhaar Card: Aadhaar card for the proprietor.
    • Photograph: Passport-sized photo of the proprietor.
    • Business Address Proof:
      • Owned Property: Electricity bill, Property tax receipt, or Copy of the Municipal khata.
      • Rented Property: Rent agreement and NOC (No Objection Certificate) from the owner.
    • Bank Details: First page of the passbook/Bank statement/Cancelled cheque.

    2. Partnership Firm

    • PAN Card: PAN card of the partnership firm.
    • Partnership Deed: Copy of the partnership deed.
    • Photographs and IDs: Passport-sized photographs, PAN and Aadhaar cards of all partners.
    • Business Address Proof:
      • Owned Property: Electricity bill/Property tax receipt/ Municipal khata copy.
      • Rented Property: Rent agreement and NOC from the owner.
    • Bank Details: First page of the passbook/Bank statement/Cancelled cheque.

    3. Limited Liability Partnership (LLP)

    • PAN Card: PAN card of the LLP.
    • LLP Agreement: Copy of the LLP agreement.
    • Registration Certificate: Certificate of incorporation issued by the Ministry of Corporate Affairs.
    • Photographs and IDs: Passport-sized photographs, PAN and Aadhaar cards of all designated partners.
    • Business Address Proof:
      • Owned Property: Electricity bill/Property tax receipt/ Municipal khata copy.
      • Rented Property: Rent agreement and NOC from the owner.
    • Bank Details: First page of the passbook/Bank statement/Cancelled cheque.

    4. Private Limited Company/Public Limited Company

    • PAN Card: PAN card of the company.
    • Certificate of Incorporation: Issued by the Ministry of Corporate Affairs.
    • MOA and AOA: Memorandum of Association and Articles of Association.
    • Board Resolution: Authorizing a director to sign and submit GST application.
    • Photographs and IDs: Passport-sized photographs, PAN and Aadhaar cards of all directors.
    • Business Address Proof:
      • Owned Property: Electricity bill/Property tax receipt/ Municipal khata copy.
      • Rented Property: Rent agreement and NOC from the owner.
    • Bank Details: First page of the passbook/Bank statement/Cancelled cheque.

    5. Hindu Undivided Family (HUF)

    • PAN Card: PAN card of HUF.
    • Karta’s ID Proof: PAN and Aadhaar cards of the Karta.
    • Photograph: Passport-sized photograph of the Karta.
    • Business Address Proof:
      • Owned Property: Electricity bill/Property tax receipt/ Municipal khata copy.
      • Rented Property: Rent agreement and NOC from the owner.
    • Bank Details: First page of the passbook/Bank statement/Cancelled cheque.

    6. Society/Club/Trust

    • PAN Card: PAN card of the society/club/trust.
    • Registration Certificate: Certificate of registration.
    • Photographs and IDs: Passport-sized photographs, PAN and Aadhaar cards of the authorized signatories.
    • Business Address Proof:
      • Owned Property: Electricity bill/Property tax receipt/ Municipal khata copy.
      • Rented Property: Rent agreement and NOC from the owner.
    • Bank Details: First page of the passbook/Bank statement/Cancelled cheque.

    Conclusion

    Preparing the necessary paperwork before beginning the GST registration procedure can save you a lot of time and effort. Ensure that all documentation are up to date and appropriately reflect your company information. GST registration not only makes your firm legally compliant, but it also creates opportunities for development and expansion. Stay compliant and competitive!

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  • Merchant cash advances

    Merchant cash advances

    Project Report For Merchant Cash Advances

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    MCA provide businesses with an alternative financing option to traditional bank loans, offering quick access to capital with flexible repayment terms. Understanding the dynamics of merchant cash advances and their implications is crucial for businesses seeking funding solutions to support their growth and expansion initiatives.

    Merchant Cash Advances

    MCA provide businesses with an alternative financing option to traditional bank loans, offering quick access to capital with flexible repayment terms. Understanding the dynamics of merchant cash advances and their implications is crucial for businesses seeking funding solutions to support their growth and expansion initiatives.

    instant access to cash and flexible repayment terms, merchant cash advances (MCAs)

    Definition and Mechanism: 

    A merchant cash advance is a financing arrangement where a business receives a lump sum amount in exchange for a percentage of its future credit card sales or revenue. Unlike traditional loans, MCAs do not involve fixed monthly payments; instead, repayments are made as a percentage of the business’s daily credit card transactions or revenue. This flexible repayment structure allows businesses to manage their cash flow more effectively, as payments fluctuate in line with their sales volume.

    Recent trends in merchant cash advances have seen the emergence of digital platforms and fintech companies offering streamlined application processes, expedited funding, and transparent pricing models. These innovations have democratized access to MCAs, empowering businesses of all sizes and industries to secure financing quickly and efficiently.

    Key Features and Benefits: 

    Merchant cash advances offer several features and benefits for businesses, including:

    1. Quick Access to Capital: MCAs provide businesses with rapid access to funding, often within days of application approval, enabling them to seize time-sensitive opportunities or address urgent financial needs.

    2. No Collateral Requirements: Unlike traditional loans that may require collateral, MCAs are typically unsecured, allowing businesses to access funding without risking their assets.

    3. Flexible Repayment Structure: The repayment amount is based on a percentage of the business’s daily credit card sales or revenue, providing flexibility and aligning payments with cash flow fluctuations.

    4. High Approval Rates: Merchant cash advances have high approval rates compared to traditional loans, making them accessible to businesses with less-than-perfect credit or limited operating history.

    5. Recent industry data: suggests a growing adoption of merchant cash advances among small and medium-sized enterprises (SMEs), particularly in sectors such as retail, hospitality, and e-commerce. As businesses seek alternative financing solutions to navigate economic uncertainties and capitalize on growth opportunities, MCAs offer a viable option to address their funding needs.

    6. Considerations and Risks: While merchant cash advances offer advantages in terms of accessibility and flexibility, businesses should carefully consider the associated costs and risks, including.

    7. Higher Cost of Capital: MCAs often come with higher fees and factor rates compared to traditional loans, resulting in a higher overall cost of capital for the business.

    8. Impact on Cash Flow: The daily repayment structure of MCAs can put strain on the business’s cash flow, especially during periods of low sales volume or economic downturns.

    9. Regulatory Environment: The merchant cash advance industry is subject to regulations and scrutiny, with some jurisdictions imposing caps on fees and interest rates to protect businesses from predatory lending practices.

    In conclusion: 

    merchant cash advances offer businesses a flexible and accessible financing option to support their growth and working capital needs. By understanding the features, benefits, and risks associated with MCAs, businesses can make informed decisions and leverage these financial instruments to fuel their expansion and achieve their strategic objectives in today’s competitive business landscape.

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  • GST On Used Goods – Margin Scheme

    GST On Used Goods – Margin Scheme

    GST On Used Goods – Margin Scheme

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    As Per The GST Council, GST Shall Apply To Used Goods Or Used Goods As Tax Applies On The Transaction Value. However, If The Concerned Person Registered With The Margin Scheme Under GST, Then The Person Shall Pay Taxes Only On The Margin Accumulated From The Sales. Thus The Registered Person Can File The Tax On The Margin Of Profit And Not On The Whole Transaction. This Avoids Double Taxation And Therefore The Person Can Be Exempt From Filing GST If The Loss Occurred During The Transaction. Somebody Registered With GST Can Avail Of This Scheme. During This Article, We Glance At The GST Margin Scheme And Sale Of Used Goods Under GST Thoroughly

    Conditions For Availing Margin Scheme

    The GST Council implemented the Margin Scheme under GST and released it through Notification No. 10/2017 on 28th June 2017. It applies to registered members managing to buy and sell second user goods excluding inward supply of used goods received by the person. To avail of this benefit, the registered person should fit two conditions as proposed by the GST Council. the 2 conditions are:

    As per rule 32 (5) of CGST rules 2017, the registered person shall pay GST on the outward supply of such second user goods. The concerned individual shall determine the GST for the second user goods through the above-mentioned rule

    The registered person must have obtained goods from an unregistered person.

    Claiming Depreciation on second user Vehicles

    Persons registered with GST can claim depreciation on used vehicles. Notification No. 8/2018 released by the GST Council on 25th January 2018, states that the person selling a used vehicle can claim depreciation as per Section 32 of the tax act 1961. the worth of the provision shall be calculated as (Value of the products while selling – Depreciation Value of the asset).

    GST On Used Goods

    Taxable Value of Used Goods

    A taxable supply is provided by someone attached to buying and selling of used goods. just in case of used goods sale, that no input reduction has been availed on the acquisition, the worth of supply is the difference between the asking price and therefore the damage, i.e. the margin. just in case the worth of such a supply is negative, it’d be ignored and the value of the supply would be assumed as zero. (Rule 32(5) of the CGST Rules, 2017).

    In the case of the purchase of used goods that have been recovered from an unregistered defaulting borrower, the number of loans would be deemed to be the acquisition price of the products reduced by 5 percentage points for each quarter, between the date of purchase the and date of disposal by the person making such repossession.

    Parameters for Availing the Scheme

    To avail of the scheme the registered person under GST must satisfy all the 6 parameters within the transaction made between the client and therefore the seller:

    Applies only to the provision of products and services and anything aside from goods and services shall exempt from the benefit

    The individual should produce Review or Analysis document for the purchased goods or services from the unregistered person

    The individual should are available in terms with the supplier of availing goods or services within the future

    It applies only to persons registered with GST

    The supply made the unregistered person should apply as a taxable supply

    The supply obtained by the individual should have occurred within the boundaries of the taxable territory

    Example

    Let’s take an example of an organization coping with selling and buying of second-hand bikes. the corporate purchases a second-hand bike from an unregistered person for Rs.1 lakh. the identical bike is successively sold by the corporate for Rs.1.5 lakh after minor refurbishing. In such a case, the taxable value of supply would be Rs.50,000 and GST would be levied thereon amount.

    In case, the other value is added in terms of repair, refurbishment, reconditioning, then that quantity would be added to the worth of products and become part of the margin. If margin scheme has opted for a transaction of used goods, the persons selling the merchandise to the corporate won’t issue any tax invoice. the corporate purchasing the merchandise mustn’t claim any input decrease.

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  • GST Records Maintenance

    GST Records Maintenance

    GST Records Maintenance

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    Under the GST system, organizations are expected to keep up with different records and records for prepared confirmation by an approved GST Authority either in electronic or actual configuration. The available people are permitted to keep up with records in electronic structure confirmed by an advanced mark. Accounts kept up with by an available individual under GST along with all solicitations, bills of supply, credit and charge notes, and conveyance challans connecting with stocks, conveyances, internal stockpile, and outward inventory ought to be kept up with for a time of a long time from the date of outfitting GST yearly return.

    Further, GST records and records should be kept at each connected business environment referenced in the authentication of enrollment. In this article, we take a gander at GST records support exhaustively, particularly the strategy for keeping up with records electronically alongside the subtleties of records to be submitted.

    Place Of Maintenance

    The subtleties above should be kept up with at the enlisted office premises or at a branch, where the specific business is being sought after. In the event of electronic records are kept up on a server, the server should be situated in India. On the off chance that the citizen keeps up with every one of the subtleties electronically, the individual ought to involve the computerized signature as a method of confirmation for safety efforts.

    In the event of any available merchandise being viewed as put away in some other spot other than the predetermined spot, the appropriate official would force the expense on such products to have been provided by the enrolled individual.

    Maintenance Of GST Records

    The citizen can keep up with the above records in electronic arrangement or actual configuration. Electronic record implies information, data, or information sources that are put away, got, and worked in electronic mode. These records would be dealt with very much like actual records, and the evaluator looks for the precision and truth value of the record. It is to be noticed that legitimate electronic backup of records should be kept up. Significantly, the record should be gotten in a non-editable arrangement.

    Details Of Records To Be Maintained

    As per Section 35 of the GST Act, all available people under GST are expected to keep up with the accompanying records in their chief business environment:

    • Subtleties of creation or production of merchandise;
    • Subtleties of internal and outward stock of labor and products or both;
    • Supply of merchandise;
    • Input tax reduction benefited;
    • Yield charge payable and paid;
    • Some other specifics as recommended:

    In the event of more than one business environment, then, at that point, the citizen will keep every one of the records connecting with every one of the business environments. Moreover, the citizen might keep up with the Accounts and records under GST in both electronic or book design.

    GST Records

    How To Maintain GST Accounts?

    The citizen ought to keep up with all the GST records and records, including the books of record, at the chief business environment alongside records connecting with the extra business environment.

    The concerned individual keeping up with GST records physically will involve chronic numbers for every one of the volumes of books of record. While keeping up with the GST account physically, on the off chance that the concerned individual ought to anytime eradicate, destroy or overwrite any section in any of the registers or records or reports, the individual will approve

    it solely after getting validation. After making the necessary redresses, the individual will enter the right section, consequently. If the individual keeps up with the GST accounts electronically, the individual ought to keep a log for severing sections altered or erased. Likewise, if GST records and records are kept up with electronically, the records ought to be validated utilizing a computerized signature and ought to be open from each connected business environment referenced on the GST enrolment authentication.

    At long last, any archives, registers, or any books of record having a place with an enrolled individual found at any premises of the business environment, then, at that point, it will apply as, the reports have a place with the citizen, except if demonstrated in any case. Subsequently, it is critical to guarantee that all bookkeeping and monetary data is kept up securely by the citizen.

    Modifications In The Records

    No individual will delete or overwrite the passage in registers or some other reports. Every erroneous passage, except those of administrative nature, ought to be scored out under authentication. Hence the individual will enter the right sections as it were. On the off chance that the registers or some other reports are kept up with electronically, a log of each section alteration or cancellation must be kept up.

    Results Of Not Maintaining Proper Records

    If an enrolled individual, expected to keep up with the records under GST, neglects to do so will draw in a punishment. Additionally, the labor and products will apply as the unaccounted labor and products provided by the citizen and the evaluating official will ascertain the responsibility for such unaccounted labor and products and the citizen ought to pay the assessment risk in this manner determined alongside the punishment.

    How Long Do Accounts Have To Be Maintained Under GST?

    All enlisted citizens ought to keep up with the book of records and different records for a time of a long time from the due date of documenting yearly return for the year. If assuming the citizen associated with an allure or modification or some other procedures before any Appellate Authority or Revisional Authority or Appellate Tribunal or court, then the citizen ought to keep up with every one of the records and books for a time of one year after definite removal of such allure or correction or procedures or examination, or for a very long time, whichever is later.

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  • GST On Beer and Liquor

    GST On Beer and Liquor

    GST On Beer And
    Liquor

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    GST isn’t appropriate for the acquisition of brew or alcohol in India. In any case, the State Governments will keep on imposing VAT and extract obligations on alcohol and lager. The GST Council absolved alcohol and brew under the ambit of GST for two fundamental reasons:

    GST On Beer and

     

    No GST On Beer And Liquor

    GST isn’t appropriate for the acquisition of brew or alcohol in India. In any case, the State Governments will keep on imposing VAT and extract obligations on alcohol and lager. The GST Council absolved alcohol and brew under the ambit of GST for two fundamental reasons:

    To guarantee State Governments have a solid wellspring of income other than from the GST. It is assessed that the expenses on lager and alcohol bring state legislatures around 90,000 crores in charges every year.

    To save the costs for brew and alcohol high, to limit the utilization of such items.

     

    High Taxes On Beer and Liquor

    Notwithstanding not drawing in GST, the costs of alcohol and lager had kept on ascending after the presentation of GST. This is because, before the execution of GST, the info natural substance utilized for the assembling of lager and alcohol used to be charged at around 12-15% under different VAT systems. In any case, with the execution of GST, the majority of the natural substance utilized in the assembling of brew and alcohol currently draw in an 18% GST rate, prompting an expansion in input cost. This expansion in charges on input cost has been given to the clients.

    The other significant justification for the expansion in the expense of lager and alcohol is the GST appropriate on cargo and transportation charges. Prior, cargo and transportation used to draw in a help expense of around 15%. Notwithstanding, under GST, these administrations have been charged 18%. Subsequently, notwithstanding no significant changes in the info expenses or VAT rates charged on brew or alcohol, the expense of lager and alcohol had expanded because of the expansion in input charges.

    Demands-For-industry

    Demands From Industry

    The GST Council absolved the alcoholic items out of the ambit of GST as it positions as one of the greatest income generators for State governments. Thus, absolving alcohol and lager from GST will guarantee the State Governments have a specific degree of monetary autonomy.

    The brew and alcohol industry is not on the side of the choice to exclude lager and alcohol from GST. Absolving brew and alcohol from GST will prompt an expansion in charges, as the duties on input products expanded. Further, since the result for makers would be in an assessment absolved item while they need to pay input charges on natural substance buys, brew and alcohol producers would need to guarantee a discount of information tax reduction gathered, which could be a long interaction prompting the extending of working capital cycle.

    At last, most makers feel that it is an exercise in futility to reject brew from GST and incorporate it with alcohol, as it has just 5% liquor by volume. Most industry insiders feel that lager should be brought under GST and made standard as it colossally affects the travel industry in eateries and bars.

    Taxes for Beer and Liquor

    Even though alcohol is excluded from GST under the GST system, it falls under numerous different charges that add to its normally rising cost ranges. The accompanying charges will apply to the States:

    • Excise Duty
    • VAT (Value Added Tax).

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  • Appeal Against Advance Ruling In GST

    Appeal Against Advance Ruling In GST

    Appeal Against Advance Ruling In GST

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    In our previous article on advance ruling, we discussed the fundamentals of advance rulings and also the Authority for Advance Ruling. during this article, we’ll continue with an appeal to the Appellate Authority and other aspects of the advanced ruling.

    Table of contents

    Process of Advance Ruling under GST

    Forms

    The decision of the Appellate Authority

    Rectification of Advance Ruling

    Applicability of Advance Ruling

    Can the Advance Ruling become void?

    Powers of the Authority and Appellate Authority

    The procedure of the Authority and therefore the Appellate Authority

    What Happens if the Taxable Person is Unhappy with the choice of the Appellate Authority?

    Conclusion

    Appeal Against Advance Ruling In GST (2)

    Latest Updates

    1st February 2021

    Union Budget 2021: With relevancy orders received on detention and seizure of products and conveyance, 25% of the penalty must be procured making an application of appeals under section 107 of the CGST Act. The date of applicability is yet to be informed.

    3rd April 2020

    The deadline for completion or compliance has been extended to 30th June 2020, where the time limit/ date of expiry falls between the amount from 20th March 2020 to 29th June 2020. It includes the point in time to file an appeal before the appellate authority under the GST law or the judicature or the Supreme Court including the admission and processing of the appeal.

    A new concept under GST Appealing against the Advance Ruling could be a new provision in GST. The previous tax regime didn’t have any scope for appeal against Advance Ruling to any tribunal. It may be only appealed against through a special dispensation to the Division Bench of the court. This process has been made simple by allowing pleas to the Appellate Authority under GST.

    Appeal to the Appellate Authority for Advance Ruling under GST.

    appeal to the appellate authority.

    Process of Advance Ruling under GST.

    Process of Advance Ruling under GST.

    Who can appeal against the advanced ruling? The applicant or the officer aggrieved by any advance verdict can appeal to the Appellate Authority.

    What is the limit for appeal?

    An appeal against the advance ruling must be made within thirty days from the date of the advance ruling.

    Forms

    If the applicant is appealing against the choice of the advance ruling then he will apply in FORM GST ARA-02 and pay Rs. 10,000 fees.

    If the appeal is created by a GST tax officer, then the application is FORM GST ARA-03. No fee is applicable.

    The decision of the Appellate Authority

    The Appellate Authority can verify or amend the ruling appealed against. Appellate Authority will give its judgment within ninety days from application. If the members of the Appellate Authority differ in opinion on any point, then an advance ruling can’t be issued. A duplicate of the advance ruling signed by the Members is sent to the applicant, the prescribed or the jurisdictional CGST / SGST officer, and to the Authority.

    Rectification of Advance Ruling

    The Authority or the Appellate Authority can modify its own order to improve any apparent error if it’s noticed within six months from the date of the order by –

    The Appellate Authority on its own or

    By the prescribed or the jurisdictional CGST / SGST officer or

    The applicant

    Any rectification which is able to lead to an increase in liabilities or a decrease in input decrease (i.e., a negative impact) is going to be done only after giving notice and a chance of being heard by the applicant.

    Applicability of Advance Ruling

    The advance ruling is going to be binding only – (a) On the applicant (b) On the jurisdictional tax authorities in respect of the applicant. If the law or the facts of the initial advance ruling change then the advance ruling won’t apply.

    Can The Advance Ruling Become void?

    If the appellant has obtained the advance ruling by fraud or suppression of fabric facts, then the Authority or the Appellate Authority will declare the ruling to be void at first. All the provisions of GST will apply to the applicant as normal with no advance ruling. a chance of being heard is going to be given to the applicant.

    Powers of the Authority and Appellate Authority

    The Authority or the Appellate Authority has all the powers of a civil court under the Code of Civil Procedure for the needs of- (a) Discovery and inspection; (b) Enforcing the attendance of an individual and questioning him on oath; (c) Investigations and enforcing production of books and other records, Every proceeding before the Authority or the Appellate Authority are a deemed legal proceeding.

    The procedure of the Authority and also the Appellate Authority

    The Authority or the Appellate Authority has the facility to manage its own procedure all told matters arising out of the exercise of its powers.

    What Happens if the Taxable Person is Unhappy with the choice of the Appellate Authority?

    GST Act doesn’t specially mention the procedure for appealing against the Appellate Authority. So, it’s expected to be kind of like the previous legal system. The person can appeal against the Appellate Authority through a special dispensation to the Division Bench of the judicature as decided by the Supreme Court within the case of Colombia Sportswear company vs. Director of tax, Bangalore-2012.

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  • GST On Educational Service

    GST On Educational Service

    GST On Educational Service

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    Educational institutions provide noble service of teaching children for a much better future. GST on certain services provided by the tutorial institutions is exempt or not taxable. The article provides detailed information on this aspect.

    Services provided by an academic institution to its students or faculty or staff were exempt. (Mega Exemption -Notification no. ST-25/2012 on 20th June 2012)

    online-education

    Later the exemption in relevancy services provided to educational institutions was modified with effect from 1st April 2014 and the scope of the exemption for services provided to the tutorial Institutions (institutions providing pre-school education and education up to higher school or equivalent) was restricted to some specified services namely-

    • Transportation of scholars, faculty, and staff
    • Catering, including any mid-day meals scheme provided by the Government;
    • Security services performed in such establishment
    • Cleaning services performed in such institution
    • House-keeping services performed in such institution
    • Services pertaining to admission to, or procedure of examination by, such institution
    • Any other service provided but those mentioned above to educational institutions (Institution providing pre-school education and education up to higher Gymnasium or equivalent) was taxable Also, any service provided to an establishment apart from Institution providing pre-school education and education up to higher middle school or equivalent was taxable.

    What is an academic Institution under GST?

    • Under GST, an “educational institution” is defined as an establishment providing services by way of:

    • Pre-school education and education up to higher education.

    • Education as a component of an approved vocational training course;

    • Our Educational Services evaluated as Supply and its Taxability

    Taxable supply signifies a supply of products or commodities or both which is liveable to tax under GST; The following services given by an academic institution to its students, faculty, and staff or academic institution aren’t required to be taxed under GST.

    Transportation of scholars, faculty, and staff; Catering, including any mid-day meals scheme sponsored by the Central Government, regime, or Union territory; Security or cleaning or house-keeping services performed in such educational organizations; Services inferring to admission to, or conduct of examination by, such institutions up to higher secondary.

    However, any service provided to an academic institution aside from an establishment providing services by way of pre-school education and education up to higher equivalent is treated as a taxable service.

    Services provided by the coaching centers, tuition, and personal tutorials don’t constitute the approved vocational training courses or approved by the govt. under law. Hence, they’re taxable at an 18% GST rate.

    Pitch-Deck

    Exemptions available to Institutions

    Income from education is wholly exempt from GST if a trust is running a college, college, or education institution for abandoned, orphans, homeless children, physically or mentally abused persons, prisoners, or persons over the age of 65 years or above residing in an exceedingly geographic area.

    Government or agency or governmental authority carrying on the activity of education is exempted from GST as this is often not included within the ambit of supply of services. for instance – Government schools / Municipal schools.

    Education provided below also are Exempted Under GST:

    • National skill development corporation founded by the Indian government

    • National skill development corporation approved sector skill councils

    • National skill development corporation approved assessment agencies

    • The national skill advancement policies approved by the NSDC Vocational skill development program 

    • Any scheme implemented by NSDC with training partners

    The exemption has also been given to the services provided by the IIM–

    • 2 year full-time residential PG programs in Management for Post Graduate Diploma in Management, admission during which is granted via CAT

    • Fellowship programs in Management

    • 5 Year Integrated Programs in management studies (but excludes the chief Development Program).

    Should educational institutions be registered under GST?

    Where the academic institution is providing only education as a service then such fees are chargeable at the NIL rate and such educational institutions aren’t required to be registered.

    Where educational institutions also are providing other supplies or other services, i.e., providing books to students, providing shoes or uniforms etc to students then in such cases such institutions are vulnerable to get themselves registered.

    Applicability of GST on Higher Educational Institutions

    Services provided to higher educational institutions are taxable. While services provided by an academic institution are out of the GST ambit, the identical isn’t the case with services provided to an academic institution. 

    Hence, the ‘input’ or supply of services like transportation, catering, housekeeping, services referring to admission or conduct of examination to higher educational institutions will bear GST levy. this may be borne by the upper establishment.

    Applicability of GST on Training programs, camps, yoga programs and other events

    Training programs, camps, outdoors programs yoga programs and l  other events would be considered an advert activity, accountable for GST.

    Whether books distributed to students come under GST supply of books is protected under GST. However, uniforms, stationery, and all supplies which are not academic are taxable under GST. Supplies given by third parties just like the computers, equipment, instruments, and after-school activities offered directly by 3rd  parties are taxable.

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  • Zero Rated Supply Under GST

    Zero Rated Supply Under GST

    Zero Rated Supply Under Gst

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    Zero Rated Supply: Export supplies made by a GST-registered taxpayer are treated as zero-rated supplies. GST zero-rated supplies are eligible for a refund. In their GSTR 3B and GSTR 1 returns, taxpayers must specify all zero-rated supplies.

    What is Zero Rated Supply?

    • There is no GST on exports in India. As a result, a GST-registered taxpayer’s export supplies are treated as zero-rated. According to Section 16 of the IGST Act, a zero-rated supply is any of the following commodities or services:
    • Commodities, services, or a mix of the two are exported;
    • Providing goods or services to a Special Economic Zone developer
    • Providing goods or services to a Special Economic Zone unit, or both.

    GST Refund for Zero Rated Supply

    According to GST rules, the supplier can claim an input tax credit for products or services used in the supplies because exports are treated as zero-rated supplies, even if they are labeled as non-taxable or even exempt.

    The taxpayer can seek a GST refund for exports by exporting under bond or LUT, or by exporting after paying IGST and claiming a refund.

    Details to be Furnished in GST Returns

    All taxpayers must report all zero-rated supplies on their GSTR 3B and GSTR-1 returns. The taxpayer must specify all export supplies in row B of the GSTR 3B return, as shown in the table below.

    Details of all export supplies must be included in the GSTR-1 return in the categories of exports, supplies to an SEZ unit or SEZ Developer, and presumed exports…  

    Zero Rated Supply

    Zero Rated vs Exempt Supply

    Zero-rated supplies include exports and supplies to SEZ units or developers. Nil or exempt supplies, on the other hand, are those that have a 0% GST charge.

    Exempted supply refers to any supply of goods or services, or both, that is tax-free or partially tax-free under section 11 of the CGST Act or section 6 of the IGST Act, and includes non-taxable supplies.

    The exempted supply is described as follows:

    • Outward exempted supplies are not subject to GST.
    • There is no input tax credit available for inputs and/or input services used in supplying exempted supplies, i.e. no input tax credit on exempted supplies.
    • Instead of a tax invoice, a registered person supplying exempted goods or services or both must issue a ‘bill of supply.’

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  • What Is GST Returns? Types, Applicability And Due Dates

    What Is GST Returns? Types, Applicability And Due Dates

    What Is GST Returns? Types, Applicability And Due Dates

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    What is GST Returns?

    A GST return may be a document containing details of all income/sales and/or expense/purchases that a taxpayer (every GSTIN) is required to file with the tax administrative authorities. this is often utilized by tax authorities to calculate net liabilities. Under GST, a registered dealer should file GST returns that broadly include:

    • Purchases
    • Sales
    • Output GST (On sales) 
    • Input reduction (GST paid on purchases)

    Who should File GST Returns?

    In the GST regime, any regular business having quite Rs.5 crore as annual aggregate turnover needs to file two monthly returns and one annual return. This amounts to 26 returns during a year. A number of GSTR filings vary for quarterly GSTR-1 filers under the QRMP scheme. the amount of GSTR filings online for them is 9 in an exceedingly year, including the GSTR-3B and annual return. There are separate returns required to be filed by special cases like composition dealers whose number of GSTR filings is 5 during a year.

    What are the different types of GST Returns?

    Here is a list of all the returns to be filed as prescribed under the GST Law along with the due dates.

    GST filings as per the CGST Act subject to changes by CBIC Notifications

    Return Form Description Frequency Due Date
    GSTR-1 Details of outward supplies of taxable goods and/or services affected. Monthly 11th* of the next month with effect from October 2018 until September 2020. *Previously, the due date was 10th of the next month.
    GSTR-1 Details of outward supplies of taxable goods and/or services affected. Quarterly  (If opted under the QRMP scheme) 13th of the month succeeding the quarter. Was the end of the month succeeding the quarter until December 2020)
    GSTR-2 Suspended from September 2017 onwards Details of inward supplies of taxable goods and/or services effected claiming the input tax credit. Monthly 15th of the next month.  
    GSTR-3 Suspended from September 2017 onwards Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of tax. Monthly 20th of the next month.  
    GSTR-3B Simple return in which summary of outward supplies along with input tax credit is declared and payment of tax is affected by the taxpayer. Monthly 20th of the next month from the month of January 2021 onwards^ Staggered^^ from the month of January 2020 onwards up to December 2020.* *Previously 20th of the next month for all taxpayers.
    GSTR-3B 20th of next month for taxpayers with an aggregate turnover in the previous financial year more than Rs 5 crore or otherwise eligible but still opting out of the QRMP scheme. ^^ 1. 20th of next month for taxpayers with an aggregate turnover in the previous financial year of more than Rs 5 crore. 2. For the taxpayers with aggregate turnover equal to or below Rs 5 crore, 22nd of next month for taxpayers in category X states/UTs and 24th of next month for taxpayers in category Y states/UTs ***For the taxpayers with aggregate turnover equal to or below Rs 5 crore, eligible and remain opted into the QRMP scheme, 22nd of the month next to the quarter for taxpayers in category X states/UTs and 24th of the month next to the quarter for taxpayers in category Y states/UTs Category X: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana or Andhra Pradesh or the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep.Category Y: Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha or the Union Territories of Jammu and Kashmir, Ladakh, Chandigarh and New Delhi. Quarterly 22nd or 24th of the month next to the quarter***
    CMP-08 Statement-cum-challan to make a tax payment by a taxpayer registered under the composition scheme under section 10 of the CGST Act (supplier of goods) and CGST (Rate) notification no. 02/2019 dated 7th March 2020 (Supplier of services) Quarterly 18th of the month succeeding the quarter.
    GSTR-4 Return for a taxpayer registered under the composition scheme under section 10 of the CGST Act (supplier of goods) and CGST (Rate) notification no. 02/2019 dated 7th March 2020 (Supplier of services). Annually 30th of the month succeeding a financial year.
    GSTR-5 Return for a non-resident foreign taxable person. Monthly 20th of the next month.
    GSTR-6 Return for an input service distributor to distribute the eligible input tax credit to its branches. Monthly 13th of the next month.
    GSTR-7 Return for government authorities deducting tax at source (TDS). Monthly 10th of the next month.
    GSTR-8 Details of supplies affected through e-commerce operators and the amount of tax collected at source by them. Monthly 10th of the next month.
    GSTR-9 Annual return for a normal taxpayer. Annually 31st December of next financial year.
    GSTR-9A(Suspended) Annual returns optional for filing by a taxpayer registered under the composition levy anytime during the year. Annually until FY 2017-18 and FY 2018-19 31st December of the next financial year, only up to FY 2018-19.
    GSTR-9C Certified reconciliation statement Annually 31st December of next financial year.
    GSTR-10 Final return to be filed by a taxpayer whose GST registration is canceled. Once, when GST registration is canceled or surrendered. Within three months of the date of cancellation or date of cancellation order, whichever is later.
    GSTR-11 Details of inward supplies to be furnished by a person having UIN and claiming a refund Monthly 28th of the month following the month for which the statement is filed.

    Extension Of Due Dates For GST Returns:

    In certain unavoidable and reasonable conditions, the govt considers extending the due dates for GST return filings. For e.g. within the past, there are instances of the govt extending the GSTR 1 because of the date, GSTR 3B maturity, and even the due dates for GSTR 9 and GSTR 9C are extended by the govt. But generally the above is the GST date return filings. So if you fall under any of the above categories, file your GST return with Ebizfiling accordingly before time to avoid any quiet penalties.

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