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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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)

GST Bill likely in monsoon session

India will attempt to keep the proposed Goods & Services Tax ( GST ) rate as moderate as possible and the government will push for passage of the bill introducing the levy in the upcoming monsoon session of Parliament, finance minister Arun Jaitley said. 

The GST will replace various indirect taxes with one simple tax , creating a boundary-less national market that some estimate will lift India's GDP by as much as 2%. According to the Constitution (122nd Amendment) Bill, the GST Council consisting of finance minister, minister of state for revenue and state finance ministers will recommend the tax rate. 

"At what rate the GST Council will start it, I don't know...there have been recommendations which have been made by expert committees, including the one that the ministry of finance had set up. I'm sure we will try to keep rates as moderate as possible," Jaitley told Japanese investors at a Make in India seminar organised by the Department of Industrial Policy & Promotion and the Confederation of Indian Industry.

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Due date of filing Quarterly Return under DVAT for 4th Quarter 2016 extended

Due date for filing Return under Delhi VAT has been extended up to 27-05-2016 from 23-05-2016.

Kindly note that there is no extension of due date of payment of tax therefore pay Interest if tax not paid within due date.Otherwise Notice will served for non payment of tax.

Circular No- 7 of 2016-17

Display of Registration Certificate at principal place of business made compulsory by Delhi VAT Department

Delhi Government has directed ACs/ward incharges to ensure that all the registered dealers have prominently displayed the registration certificate at their principal place of business and a certified copy at all other places of business in Delhi. Further, the dealer shall also prominently display his TIN and ward number outside the main entrance of all places ofbusiness in Delhi. 

Circular No. 4 of 2016-17 F.3(667)/Policy/VAT/2016/200-205 dated 10^th May, 2016

[Download- Circular ]

Leviability of service tax in respect of services provided by arbitral tribunal and its members

Services provided or to be provided by an arbitral tribunal is taxable if such service provided to a business entity which is located in the taxable territory and having turnover exceeding Rs 10 lakh.

Such service is taxable and liability to pay tax has been cast on the recipient i.e business entity who will pay tax under reverse mechanism.

However services provided by an arbitral tribunal were exempted from service tax if provided to  

Exempted Services by Government

Central Board or Excise & Custom vide Notification No 26/2016-ST dated 20 May 2016   has clarified the Services on which no Service Tax is leviable if provided  by Government or a local authority to a business entity having  a turnover up to rupees ten lakh in the preceding financial year. Following services would not be taxable as per the said notification:-

Karnataka Budget Proposals 2016

VALUE ADDED TAX

• Scheme to recognize and honour five diligent tax payers in each of Bengaluru based divisions and three each from VAT divisions other than Bengaluru.

• Module for transportation of goods that will allow transporters to upload the details of goods being transported online for hassle-free movement of goods.

• Development of mobile application for the benefit of small dealers.

• Issue of online refunds to the eligible dealers.

• Online service of statutory proceedings using digital signature certificates.

Sale/Purchase--Intra State Vs Inter-State

Under the Central Sales Tax Act,1956 (in short CST), registered dealers are eligible for certain concession or exemption of tax on inter-State transactions if dealer is able to comply with certain conditions. Submission of statutory forms is one of such condition which allows the dealer for concessional rate of tax. There are so many forms like Form C, Form F, Form H, Form-I , Form E-I or E-II etc. etc.However before dealing with the procedural issues involved in obtaining or submitting these Forms it is more important to understand few concepts like what is ‘ intra-State transaction’ or ‘Inter-State transaction’ because once nature of transaction is established, it would be very easy to know that whether VAT is applicable of central Sales Tax (CST)and then procedural compliance can be done easily.
post available at www.tbauk.com 

Annual Information Return under Service Tax and central excise Law

Now Reserve Bank of India and a State Electricity Board (SEB) or its authorized agency would be require to Annual Information return (AIR)  under the Service Tax Law.
As per Notification No 04/2016-Service Tax, Any officer of the RBI who is authorized in this behalf is required to file AIR for the transaction details of foreign remittances for the receipt of services declare under specified code in the said notification.
SEB ie required to file AIR for transaction detail of consumption of electricity by the specified manufactures.

detail notification can read as follows:-

GST roll-out deadline likely to be pushed back to April 1, 2017

The central government has set a new deadline for goods and services tax (GST) as April 1, 2017, a good one year after the current one of April 1, 2016.