Registration under Proposed Model GST Law

Who is required to get registered under GST?

1.    Any person who carries on any business whose turnover exceeds threshold limit.

Threshold limit has been proposed Rs nine lakhs of aggregate turnover in a Financial year. (Rs. Four Lakhs if the taxable person conducts his business in any of the NE States including Sikkim).

2.    Tax payer who is already registered under the present law (i.e. Excise, service tax ,VAT/CST etc)

3.    Transferee of a business of registered tax payer

4.    Persons making any inter-State supply

5.    Casual taxable persons

6.    Persons who are required to pay tax under reverse charge

 When is to require to get registration?

Mizoram Assembly becomes 13th state to ratify GST

Mizoram Assembly today ratified the Goods and Services Tax (GST) Constitutional Amendment bill by adopting an official resolution, becoming 13th state to have approved the legislation. The state legislature unanimously adopted the official resolution moved by Finance and Taxation Minister Lalsawta after deliberations on the first day of the Assembly.

Participants of the discussion, irrespective of party affiliations, expressed hope that the GST Act would not only streamline the tax regime in the country, but also benefit states like Mizoram.

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The Haryana Assembly ratified the Goods and Services Tax Constitution Amendment Bill

The Haryana Assembly ratified the Goods and Services Tax Constitution Amendment Bill late on Monday, making it the ninth state in the country to do so. Its support for the uniform tax came just hours after the Maharashtra Assembly unanimously ratified it. The state is ruled by the Bharatiya Janata Party, which has 47 seats in the 90-member Assembly. The Centre needs at least 15 states to approve the Bill for it to move to the next step in the process, which is implementation of the single national tax regime across the nation.
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Maharashtra Became tenth State to ratify GST Bill

Maharashtra Legislative Assembly ratified the Goods and Services Tax (GST) Constitutional Amendment Bill passed by the Parliament, at a special one-day session of the state legislature in Mumbai on Monday. The proposal was passed unanimously by the Lower House, making Maharashtra the tenth state to ratify the GST bill, billed as the biggest tax reform since Independence.
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Nagaland became the ninth state to ratify the GST Bill

Nagaland became the ninth state to ratify the Bill after Assam, Bihar, Jharkhand, Himachal Pradesh, Chhattisgarh, Gujarat, Madhya Pradesh and Delhi.
Nagaland Legislative Assembly (NLA) has ratified the Goods and Services Tax (GST) Amendment Bill during the one day 13th special session of the 12th NLA here on Friday after a brief discussion. Nagaland became the ninth state to ratify the Bill after Assam, Bihar, Jharkhand, Himachal Pradesh, Chhattisgarh, Gujarat, Madhya Pradesh and Delhi.
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The Jharkhand became the third state to ratify the GST bill after Assam and Bihar.

Ranchi, Aug 17 (IANS) The Jharkhand Assembly on Wednesday passed the Goods and Services Tax (GST) Bill and became the third state to ratify the bill after Assam and Bihar.

Ranchi, Aug 17 (IANS) The Jharkhand Assembly on Wednesday passed the Goods and Services Tax (GST) Bill and became the third state to ratify the bill after Assam and Bihar.

Except for dissenting Communist Party of India-Marxist and Leninist (CPI-ML) legislator Raj Kumar Yadav, the bill was passed unanimously in the state Assembly.

"India has a tradition and culture to take taxes. The GST will end the tax discrimination and it will end the British tax system," said Jharkhand Parliamentary Affairs Minister Saryu Rai while tabling the GST bill in the Assembly.

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Assam becomes first state to ratify GST Constitution Amendment Bill

Taking an important step forward on the Goods and Services Tax, Assam has become the first state to ratify the Constitution Amendment Bill on GST. Today, the Assam Assembly unanimously passed the Constitution Amendment Bill on GST. Assam has a BJP government, led by CM Sarbananda Sonowal. “Assam will be remembered as the first state in the country to ratify the GST constitutional amendment bill,” Sonowal said. All states need to pass the GST Bill in their respective assemblies. Also, Central Goods and Service Tax (CGST) and Integrated Goods and Service Tax (IGST) bills need to be passed by both houses of Parliament for the Bill to finally become a law. GST is India’s most important indirect tax reform since Independence.
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GST will change the way India does business: Who will win, who will lose

Indirect taxes in India have driven businesses to restructure and model their supply chain and systems owing to multiplicity of taxes and costs involved. With hopes that the Goods and Services Tax (GST) will see the light of the day, the way India does business will change, forever. 

Total tax collection in India (direct & indirect), currently stands at Rs 14.6 lakh crore, of which almost 34 per cent comprises indirect taxes, with Rs 2.8 lakh crore coming from excise and Rs 2.1 l .. 

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Wait, GST is not a reality yet: It still has to cover 7 gruelling steps

NEW DELHI: The Rajya Sabha clearance to the GST Bill, touted as the biggest tax reform since India's Independence, lifted market mood on Thursday, but only briefly. The bill is set to improve the government's revenue and help it achieve better transmission of prices. 

It is expected that certain goods, such as capital goods, would become cheaper by 12-14 per cent, increasing demand for them, raising investment and, thus, economic growth. 

However, the landmark legislation .. 

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राज्यसभा से पास होने के बाद भी बहुत पेचीदगियां होंगी जीएसटी की राह में

राज्यसभा में जीएसटी संविधान संशोधन विधेयक पास हो जाने के बाद भी इसे लागू करना बहुत कठिन है
• राज्यसभा की सहमति के बाद संशोधन विधेयक पर कम-से-कम आधे राज्यों की सहमति की जरूरत होगी
• सरकार 1 अप्रैल 2017 से जीएसटी लागू करना चाह रही है, लेकिन एक्सपर्ट्स के मुताबिक यह लक्ष्य पूरा नहीं हो पाएगा
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FAQ on Electronic Accounting System in Excise and Service Tax

  (1)    What is assessee code and is it different from Registration number, “ECC” code and “STC”? 

            They are all one and the same. The assessee code is a 15-character identification number allotted by the system to the Central Excise or Service Tax assessee based on PAN number or a temporary number (in cases where PAN could not be submitted). The 15-character assessee code will be available in the registration certificate issued to the assessee.    

(2)       What is Location Code? How does one get it?  What is Commissionerate code, Division code and Range Code?

CBEC has formed a committee to identify the key concerns and sort them out through dialogue between center and States

There are a lot of square brackets or what are called unresolved issues with respect to the proposed GST, which may create hassle for the taxpayers.

In order to iron out administrative differences between the Centre and states over the proposed goods and services tax (GST)  regime, the Central Board of Excise and Customs (CBEC) has formed a committee to identify the key concerns and sort them out through dialogue. The issues include administrative threshold as well as revisionary powers.
 

“There are a lot of square brackets or what are called unresolved issues with respect to the proposed GST, which may create hassle for the taxpayers. Therefore, the committee has been formed to look into each of these issues and take them up with the states,” said a government official.

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Ananth Kumar Says Early Passage Of Goods And Services Tax Bill Will Be Priority

NEW DELHI:  The whole country is in favour of Goods and Services Tax (GST) Bill, Union Parliamentary Affairs Minister Ananth Kumar today claimed and said passage of this "very important" bill will be his priority for which government will talk to all political parties.

"GST is a very important bill. The whole country is in favour of passing this bill as early as possible. We will talk, discuss and request all political parties that this bill should be passed in this session (Monsoon), so that it can be implemented as early as possible," he told reporters after assuming his new charge.

Mr Kumar was given the portfolio in the reshuffle of ministries by Prime Minister Narendra Modi yesterday. He replaces Union Minister M Venkaiah Naidu.
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A Note on Krishi Kalyan Cess-KKC-Updated

Recently vide Notification 35/2012 ST dated 23 June 2016, Government has exempt from levy of KKC if the conditions mentioned in the notification satisfied.

Accordingly it has exempted taxable services from levy of Krishi Kalyan Cess (“KKC”) in cases which satisfies the following two conditions:

– Where invoices have been raised prior to 01.06.2016; and

– Where provision of service has been completed prior to 01.6.2016.

Thus no KKV shall be levied in case where provision of service completed and invoice has been raised prior to 01.06.2016 or.

If both conditions not satisfied , POT shall be determined as per Rule 5 of POT rules. Please download the note from the Link Below or write to me if not able to download "cackbajpai@gmail.com"

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Builder/developer failed to deliver peaceful possession liable for compensation and Interest

Builder/developer, entered into registered agreement with the complainant on 13-9-2012 for sale of flat of the project developed by him. No date of possession was mentioned in clause 50 of the said registered agreement. Complainant has paid the entire consideration except the amount required to be paid at the time of handing over possession. The opponent failed to deliver peaceful and vacant possession of the subject flat even though opponent were in position to obtain occupation certificate from competent authorities on 12-8-2013. Consumer complaint has been filed praying for handing over possession of the subject flat and claiming monetary relief of Rs. 30,90,817/- for the deficiency of service on the part of the opponent.

The Hon’ble State Consumers Disputes Redressal Commission observed and held that failure on the part of opponent resulted into consumer dispute and the complainant was unnecessarily dragged to knock the doors of the State Commission subjecting to mental agony for his no fault. Therefore, suitable compensation on account of the avoidable delay to hand over the possession would meet the ends of justice.

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Self-Adjustment of excess service tax paid by Assessee

The hon’ble CESTAT NEW DELHI, in case of  'M/S PUNJAB NATIONAL BANK VERSUS C.C.E. & S.T.CHANDIGARH' held that Self adjustment of excess service tax paid can be done against the service tax liabilities for subsequent period.

Buy 1 get 1 free’ deals to come under GST

Free samples and gifts offered with purchases as well as popular ‘buy-one-get-one-free’ deals may attract the proposed Goods and Services Tax (GST) levy which government plans to roll out from April 2017.
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Input tax credit cannot be denied because seller has not deposited the tax collected

Fact of the Case:- the petitioner is a partnership firm under the name and style of M/s Gheru Lal Bal Chand, engaged in the business of sale and purchase of cotton. The petitioner procures material from different persons and sells the same in terms of the provisions of the relevant Act and the Rules and the tax which is paid by the dealer after deduction of Input Tax Credit is paid in the treasury. The firm is registered under the provisions of Act as well as the Central Sales Tax Act, 1956 (in short, the 'Sales Tax Act'). As per the petitioner, the scheme under the Act is that on the sale of goods, tax calculated would be treated as "output tax". But if the purchases are made from within the State of Haryana, the tax paid on such purchases is to be set off from the out-put liability and resultant tax liability is paid by the selling dealer. The assessing authority observed that the petitioner was not entitled for deducting input tax credit as per provisions of Section 8 of the Act, because the Value Added Tax (VAT) dealers from whom the petitioner had purchased certain goods had not deposited the full tax in the State Treasury. The stand of the dealer, however, is that it made bona fide purchases from the selling dealers who were duly registered by the Assessing Authority under the Act and irrespective of the fact, whether they paid full tax or not, he should be allowed the necessary input Tax Credit. The said selling dealers discharged their tax liability and deposited the tax payable by them by deducting the input tax credit available to them.

Can two or more Premises be registered as one registrant under Excise?

Yes, two or more premises can be registered under excise as one registrant if :-
(i)   two or more premises of the same factory are located in a close area
(ii)  these premises are within the jurisdiction of a Central Excise Range and
(iii) the process undertaken there are interlinked and
(iv) the units are not operating under any of the area based exemption notifications,
 If above conditions are met, the Commissioner of Central Excise, may, subject to proper accountal of the movement of goods from one premise to other and such other conditions and limitations, as may be prescribed, allow single registration.

For more details refer the circular below:-
Circular No. 1016/4/2016-CX

Anti-Dumping Duty on import of Polytetrafluoroethylene

An Anti dumping duty has been imposed on import of Polytetrafluoroethylene or PTFE for Five Years as per Notification No. 23/2016-Customs (ADD) dated 06th June 2016. Notification is self explanatory and can be downloaded from the Link below:-

Notification No.23/2016-Customs (ADD)