3. Need for GST
ī A single tax to replace multiple indirect taxes levied
both at the Centre and State level.
ī Cascading effect of tax as set-off of prior-stage taxes
is not available.
ī A complete destination based tax system
4. Constitutional Amendment
ī Article 246 draws a line of restriction on Centre and States due to which State
cannot levy tax on Services and center on sale of goods.
ī The Constitution (122nd) Amendment Bill was passed in this effect wherein
Article 246A is inserted to provide for levy of GST
ī Article 269A is inserted for levy of GST on inter-State supply of goods and
services by the Centre and for creation of GST Council
ī Compensation to the States for loss of revenue arising on account of
implementation of the GST for a period extending upto 5 years
5. Taxes Subsumed in CGST
CGSTCentral
Excise Duty
Central Sales
Tax
Service Tax
SAD charged
in lieu of VAT
CVD charged
in lieu of
excise
Cess like SB
Cess, KK
Cess, Infra
Cess
8. Taxes not subsumed in GST
ī Basic Custom duty
ī Safeguard duty â levied on import of steel
ī Excise duty on alcohol and liquor
ī Taxes on profession and trade
ī Electricity duty
ī Stamp Duty
ī Octroi
ī Taxes on Vehicles â Road Tax
ī Entertainment tax levied by local bodies
ī Tolls
9. Taxes To Be Levied In GST
ī State Goods and Services Tax (SGST) / Union Territory Goods
and Services Tax (UGST) â Levied by the State
Government/Union Territory for supply of goods or services
within the state/union territory
ī Central Goods and Services Tax (CGST) â Levied by the Central
Government for supply of goods or services within the state
ī Integrated Goods and Services Tax (IGST) - Supply of Goods, or
of services, or both in the course of interstate trade or commerce.
10. Features of GST
ī GST - applicable on the supply of goods or services.
ī GST - a destination based consumption tax.
ī There is a levy on value addition at each stage
ī SGST portion of IGST shall be transferred to the destination
State where the goods or services are eventually consumed.
ī Exports shall be treated as zero-rated supply. No tax is
payable on exports but ITC related to the supply shall be
refunded to exporters.
11. Features of GST
ī GST is payable under RCM for both goods and services
under the following circumstances:
īą Supplies procured from Unregistered Supplier
īą Notified goods and services
ī IGST will levied by Central Government on supply of
goods/services in the course of Import into the territory of
India.
ī Services rendered by Government will also be subject to tax
except for few
12. Rate of tax in GST
ī GST rate to be recommended by GST Council
ī Revenue Neutral Rate (RNR)
ī A four-tier structure for Goods and Services Tax (GST) comprising a
ī Lower Rate of 5 per cent â Mass consumption Goods
ī Two standard rates of 12 per cent and 18 per cent
ī Higher rate of 28 per cent
ī Additional cess will be charged on luxury and demerit goods such
as Luxury cars, tobacco, pan masala, aerated drinks etc
14. Goods v/s Service
ī¨ Goods [Section 2(52)] means every kind of movable
property
ī¤ Includes actionable claim, growing crops, grass etc.
ī¤ Excludes money and securities
ī¨ Services [Section 2(102)] means anything other than
goods :
ī¤ Includes activities relating to use of money â in
relation to use / conversion
ī¤ Excludes money and securities
15. Meaning And Scope Of
Supply
ī Under GST regime, tax is payable on the supply of goods and/or
services.
ī Supply includes:
i. All forms of supply such as
made or agreed to be made for a consideration in the course or
furtherance of business.
Sale Transfer Barter Exchange
License Rental Lease Disposal
16. Meaning And Scope Of
Supply
ii. Specified supplies made or agreed to be made
without a consideration â Schedule I.
iii. Import of service, for a consideration whether or not
in the course or furtherance of business.
iv. Composite Supply v/s Mixed Supply.
17. Mixed and Composite Supply
The tax liability on a composite or a mixed supply shall be determined in the
following manner â
īŧ Composite supply comprising two or more supplies, one of which is a
principal supply, share be treated as a supply of such principal service
Egs: When a consumer buys a television set and he also gets warranty
and a maintenance contract with the TV, this supply is a composite
supply. Supply of TV is the principal supply, warranty and
maintenance service are ancillary.
īŧ Mixed supply comprising two or more supplies shall be treated as
supply of that particular supply which attracts the highest rate of tax
For example, a shopkeeper selling storage water bottles along with
refrigerator. Bottles and the refrigerator can easily be priced and sold
separately.
18. Supplies made without
consideration â Schedule I
ī Permanent transfer/disposal of business assets where input tax credit has
been availed on such assets
ī Supply of goods or services between related persons, or between distinct
persons as specified in section 25, when made in the course of furtherance
of business
Provided that gifts not exceeding Rs. 50,000 in value in a financial year by
an employer to an employee shall not be treated as supply of goods or
services or both
ī Supply of goods between principal and agent and vice versa
ī Importation of services by a taxable person from a related person or from
any of his establishments outside India, in the course of furtherance of
business.
19. Matters to be treated as supply
of goods or services â Schedule
II
ī¨ Goods
ī¤ Transfer in title in goods
ī¨ Service
ī¤ Transfer of right in goods without transfer of title
ī¤ Job work is a service
ī¤ Renting of immovable property
ī¤ Works contract service
ī¤ Temporary transfer or permitting the use or enjoyment of any IPR
ī¤ Agreeing to the obligation to refrain from an act
ī¤ Development, design, programming, customization, adaptation of
information technology software
ī¤ Restaurant service
20. Activities which shall be treated neither as
supply of goods or servicesâ Schedule III
ī¨ Services of employee to the employer in the course of or in relation to his
employment
ī¨ Services by any court or tribunal establishment under any law
ī¨ Functions performed by the MP, MLA etc
ī¨ Services of funeral, burial, crematorium or mortuary including
transportation of the deceased
ī¨ Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of
building.
ī¨ Actionable claims, other than lottery, betting and gambling
22. Time of Supply of Goods
Earliest of the following:
i. the date of issue of invoice by the supplier
ii. date of removal of goods or make goods available
iii. Date of receipt of payment by supplier
Note:
a. Date of receipt of payment shall be the date on which the payment is accounted in
the books of the supplier or the date reflected in the bank account of the supplier,
whichever is earlier
b. When amount in excess of Rs1000 is received, the time of supply in respect of
such excess at the option of the supplier shall be the date of such invoice
23. Time of Supply of Service
īŧ The time of supply of services shall be:-
i. If the invoice is issued within the prescribed period (30 days) â
Earliest of date of invoice or date of receipt of payment
ii. If the invoice is not issued within the prescribed period - the date
of completion of provision of service or the date of receipt of
payment, whichever is earlier
25. Place of Supply Rules
Intra-State Supply Inter-State Supply
Karnataka Tamil
Nadu Karnataka
Tamil
Nadu
Location of
the
Supplier
Place of
Supply
Location of
the
Supplier
Place of
Supply
26. Goods
Particulars Place of Supply of
Goods
Where supply involves movement of goods. Location at which
movement of goods
terminates for delivery.
Where goods are delivered before or during
their movement either by way of transfer of
documents of title to the goods or
otherwise, to a recipient or any other
person on the direction of a third person.
Principal place of
business of third person
Where supply does not involve movement
of goods
Location of such goods
at the time of delivery.
Installation / assembly at site Place of such installation
or assembly
27. Place of Supply for Services
ī¨ Relation to an immovable property - location of such immovable property
ī¨ Restaurant and catering services, personal grooming, fitness, beauty
treatment, health service including cosmetic and plastic surgery - location
where the services are actually performed
ī¨ Training and Performance Appraisal - Registered Recipient (location of
recipient) â Unregistered recipient (location of actual performance)
ī¨ Admission to cultural, sporting, event, amusement park etc â venue of the
event/park
ī¨ Organising cultural events, sports, conference - Registered Recipient
(location of recipient) â Unregistered recipient (Venue of Event)
ī¨ Transportation of goods - Registered Recipient (location of recipient) â
29. Registration
ī Tax payers with an aggregate turnover in a financial year up to Rs.20 lakhs
would be exempt from tax.
ī Aggregate turnover means the aggregate value of all taxable supplies, exempt
supplies and exports of goods and/or services of a person having the same
PAN
ī Aggregate turnover shall be computed on all India basis.
ī Aggregate turnover excludes taxes, if any, charged under the CGST Act, SGST
Act and the IGST Act, as the case may be
ī On the appointed day, every person registered under any of the earlier laws
shall be issued a certificate of registration on a provisional basis
30. Registration
ī Time limit of 6 months from the appointed date to obtain the final registration
ī Application for Registration will be online
ī Registration to be granted State-wise. A person having multiple business
verticals in a State may obtain separate registration.
ī Registration shall be deemed to have been granted if no deficiency is
communicated to the applicant within the prescribed period (3 days)
ī Cancellation of registration under CGST Act means a cancellation of
registration under SGST Act and vice-versa.
ī No Centralized Registration concept in GST
31. Registration
ī Liability to be registered irrespective of threshold
īą Persons making inter-State taxable supply
īą Persons required to pay tax under reverse charge
īą Casual and non-resident taxable persons
īą E-Commerce operator
īą Persons who supply goods through e-commerce operator
īą Input Service Distributor (ISD)
īą Persons required to deduct tax at source
32. Forms for Registration
GST Reg- 01
Application for
Registration
GST Reg- 02
Acknowledgement
GST Reg- 03
Notice for
seeking
Additional
Information
GST Reg-
04
Application
for filing
Clarification
GST Reg-
05
Order for
Rejection
GST Reg â
06
Registration
Certificate
GST Reg -
11
Application
for
Amendment
34. Input Tax Credit Set Off
ī Manner of utilization of credit:
īą ITC on account of CGST shall first be utilized towards payment of
CGST; the amount remaining, if any shall be utilized towards
payment of IGST
īą ITC on account of SGST shall first be utilized towards payment of
SGST; the amount remaining, if any shall be utilized towards
payment of IGST.
īą No ITC on account of CGST shall be utilized towards payment of
SGST and vice versa.
īą ITC on account of IGST shall first be utilized towards payment of
IGST; the amount remaining, if any shall be utilized towards
payment of CGST and SGST, in that order.
35. Invoice Matching
ī On filing of return by the taxable person, his inward supplies
and/or debit notes shall be matched with the corresponding
outward supplies and/or debit notes declared by the supplier in his
tax return.
ī On matching, the ITC claimed by the taxable person shall be finally
accepted and he shall be informed.
ī In case of mis-match, the discrepancy shall be notified to the taxable
person and his supplier.
ī Where the supplier does not rectify the discrepancy in his return,
the amount to the extent of discrepancy shall be added to the
output tax liability of the taxable person.
36. Invoice Matching
ī Likewise, the reduction in tax liability due to issue of a credit note
by the supplier shall be matched with the reduction in ITC claimed
by the recipient in his return.
ī In case of matching, such reduction in the tax liability shall be
finally accepted and communicated to the supplier.
ī A taxable person can reclaim the ITC reversed only after the
concerned supplier furnishes the details of invoice and/or debit
note in his return.
37. Input tax credit
ī Capital goods means [sec 2(19)] :
âĸ Goods, the value of which is capitalized in the books of accounts of the person
claiming the credit; and
âĸ Which are used or intended to be used in the course or furtherance of business
ī Input means [sec 2(52)] :
âĸ Any goods other than capital goods,
âĸ Used or intended to be used by a supplier for in the course or furtherance of
business
ī Input Service means [sec 2(53)] :
âĸ Any service;
âĸ used or intended to be used by a supplier in the course or furtherance of
business
38. Input Tax Credit
ī A taxable person may take the credit and utilize the same for payment of
output tax.
ī Unutilized credit can be carried forward or can be claimed as refund in
certain situations.
ī Condition for availing of ITC by taxable person:
īŧ he is in possession of a tax invoice
īŧ he has received the goods and/or services
īŧ the tax charged in respect of the supply has been paid to Government
īŧ he has furnished the return
ī ITC is available for business purposes and in respect of all taxable supplies.
39. Input Tax Credit
ī ITC is available on all goods other than goods and/or services in the negative
list.
ī Full ITC shall be allowed on capital goods on its receipt
ī No credit on inputs/ input services used for private or personal consumption
ī Electronic duty Credit register available online will contain credit details
(Similar to 26AS)
ī Where recipient fails to pay the supplier within 180 days from the date of
issuance of invoice by the supplier, following consequences follows :
ī Amount of ITC credit taken on such services shall be added to recipientâs
output tax liability ; and
ī Interest thereon will have to be discharged in the manner as may be
prescribed
40. Denial of ITC and Time limit
ī Input tax credit will not be allowed to the registered taxable person on the
tax component who has already claimed depreciation on the tax
component of the cost of capital goods under the provisions of Income Tax
Act, 1961 (43 of 1961)
ī A taxable person shall not be entitled to take input tax credit in respect of
any invoice or debit note for supply of goods and/or services after:
âĸ Filing of the return u/s 34 for the month of September following the
end of financial year to which such invoice or invoice relating to such
debit note pertains; or
âĸ Furnishing of the relevant annual return
Whichever is earlier
41. Exclusion from ITC
Particulars Credit restricted on
Motor vehicles
and other
conveyance
All Motor Vehicle and other conveyance except when they are
used for:
âĸ Making the following taxable supplies
ī§ Further supply of such vehicles or conveyance; or
ī§ Transportation of passengers ; or
ī§ Imparting training on driving, flying, navigating such
vehicles or conveyance
âĸ Transportation of goods
42. Exclusion from ITC
Particulars Credit restricted on
Specified
supply of
goods or
services
âĸ Food and beverages
âĸ Outdoor catering
âĸ Beauty treatment
âĸ Health services
âĸ Cosmetic and plastic surgery
âĸ Membership of a club, Health and fitness center
âĸ Rent-a-cab
âĸ Life insurance
âĸ Health insurance
âĸ Travel benefits extended to employees on vacation such as leave
or home travel concession
Except where said category
of inward supply of goods or
services are used for making
an outward supply of goods
or service
Except where the government
notifies the services which are
obligatory for an employer to
provide to its employees
43. Exclusion from ITC
Particulars Credit restricted on
Works contract
services
When supplied for construction of immovable property
(other than plant and machinery) except where it is an
input service for further supply of works contract service
Goods or services When it is received by a taxable person for construction of
an immovable property on his own account (other than
plant and machinery) even when used in course or
furtherance of business
Re-
Construction
Renovation Additions Alterations Repairs
To the extent capitalization, the said immovable property
Construction includes:
44. Particulars Credit restricted on
Goods and/or
services
ī Tax paid under Section 9 [Composition levy]
ī Used for personal consumption
ī Goods which are lost, stolen, destroyed, written off or
disposed of by way of gift or free samples
Ineligible Credit
46. Valuation
Whether goods/services are supplied by the assessee
Whether Price is the sole consideration
Whether price paid/payable wholly in money
Supplier and recipient are not related
Transaction Value
In the above flow chart, even if one of the conditions is not satisfied then valuation
will be as per Valuation Rules
47. Valuation
Transaction Value INCLUDES Transaction Value EXCLUDES
Any duties, taxes, cesses, fees and
charges levied under any other statute
Before supply
Discount at the time of supply â to
be recorded in the invoice
Amount incurred by recipient which is
liable to be paid by the supplier
After supply
Agreement for discount, discount
should be linked to invoice, recipient
has reversed the credit
Incidental expenses such as packing,
commission etc
Central and State Govt subsidies;
i.e., Government subsidies will not
be included in transaction value
Charges for anything done by the
supplier at the time of supply or before
supply
Interest late fee/penalty for delayed
payment
49. Import of Goods and Services
ī IGST will be levied on import of goods and services into the country.
ī The incidence of tax will follow the destination principle (Place of supply
rules).
ī Tax revenue in case of SGST portion of IGST will accrue to the State where
the imported goods and services are consumed.
ī Full and complete set-off will be available on the IGST paid on import on
goods and services.
ī Thus, import of goods will attract BCD and IGST. It may be noted that
import of services, as against service tax at present, in GST regime, will
attract IGST.
50. Export of Goods and
Services
ī¨ Export of goods with its grammatical variations and
cognate expressions, means taking goods out of India
to a place outside India
ī¨ Zero Rated supply means any of the following
supplies
ī¤ Export of goods or services or both
ī¤ Supply of goods or services or both to a SEZ developer or
SEZ Unit
ī¨ Two options for claiming refund for exporters
ī¤ Pay tax as IGST on exports by adjusting the tax liability
with Input tax credit. Taxes paid as IGST are eligible for
refund
ī¤ Donât charge tax and claim refund of unutilized input tax
credit
52. Refund
ī Only Three Types of refund of input tax in GST:
i. Exports including Zero Rated Supplies
ii. inverted duty structure
ī Refund can be claimed within 2 years from the relevant date.
ī Refund shall be granted online within 60 days from the date of receipt of
application subject to the condition that all documents are appropriate.
ī In case of refund claim on account of exports, 90% of the claim can be given
immediately on a provisional basis.
53. Refund
ī Applicant shall produce documentary evidence (CA Certificate) that he has
not passed on the incidence of tax on to any other person â Principle of
Unjust Enrichment
ī No need to furnish such evidence if the refund claim is less than Rs. 2
lakhs. Self-certification would suffice.
ī Interest payable after 2 months from the date of receipt of application till
the date of refund.
ī Refund is not payable if the compliance rating is less than 5 out of 10
55. JOB WORK
PROVISIONS
ī§ Job work means undertaking any treatment or process by a
person on goods belonging to another registered taxable
person
ī§ The person who is treating or processing the goods belonging
to other person is called âjob workerâ and the person to whom
the goods belongs is called âprincipalâ.
ī§ If inputs/ capital goods (other than moulds and dies, jigs and
fixtures, or tools) are not received back by the principal within
1 or 3 years of their being sent out
ī Deemed that such inputs/ capital goods had been supplied
by principal to job-worker on the day when they were sent
out
56. Sale of Goods on Approval
Basis
ī¨ Sale of Goods on approval basis will not be
subjected tax at the time of removal
ī¨ The invoice in respect of goods sent or taken on
approval for sale or return shall be issued before
or at the time of supply or six months from the
date of approval, whichever is earlier.
ī¨ Goods sent prior to the appointed date should be
received back within 6 months of the appointed
date
57. Casual Taxable Person
īą Casual Taxable Person has been defined in Section 2(20) of the CGST/SGST Act
meaning a person who occasionally undertakes transactions involving supply
of goods and/or services in the course or furtherance of business, whether as
principal, or agent or in any other capacity, in a State or a Union territory where
he has no fixed place of business.
īą Compulsory take registration and pay tax in advance
īą Validity period of registration in 90 days
58. Tax Deducted at Source
(TDS)
ī¨ Government may mandate,ââ
(a) a department or establishment of the Central Government or
State Government; or
(b) local authority; or
(c) Governmental agencies; or
(d) such persons or category of persons as may be notified by
the Government
ī¨ on the recommendations of the Council, to deduct tax at the rate of
one per cent. from the payment made or credited to the supplier of
taxable goods or services or both, where the total value of such
supply, under a contract, exceeds 2,50,000
ī¨ Provided that no deduction shall be made if the location of the
supplier and the place of supply is in different state
ī¨ The amount deducted as tax under this section shall be paid to the
Government by the deductor within ten days after the end of the
month in which such deduction is made,
59. Collection of Tax at Source
(TCS)
ī¨ Every electronic commerce operator not being an
agent, shall collect an amount calculated at such
rate not exceeding one per cent as may be
notified by the Government on the
recommendations of the Council, of the net value
of taxable supplies made through it by other
suppliers where the consideration with respect to
such supplies is to be collected by the operator.
ī¨ The amount collected shall be paid to the
Government by the operator within ten days after
the end of the month in which such collection is
made, in such manner as may be prescribed
61. Returns to be filed in GST
GSTR-1
âĸOutward Supply
âĸFile within 10 days after the end of the month
GSTR-2
âĸInward Supply
âĸFile within 15 days after the end of the month
GSTR-3
âĸMonthly Returns
âĸFile within 20 days after the end of the month
GSTR-4
âĸPerson registered under composition scheme
âĸFile within 18 days after the end of the quarter
62. Returns to be filed in GST
GSTR â 5
âĸReturn to be filed by Non - Resident
âĸMonthly returns - File within 18 days after the end of the month
âĸ7 days after expiry of registration
GSTR â 6
âĸInput Service Distributor
âĸWithin 13 days after end of the month
GSTR â 7
âĸTDS/TCS Returns
âĸFile within 10 days from the end of the month
GSTR â 8
âĸAnnual Return
âĸ31st December following the end of the financial year
63. Annual Return
ī Annual return needs to be filed online
ī Annual return shall be filed by every registered taxable person
other than
īą ISD
īą Deductor deducting TDS
īą Casual taxable person
ī Audited statement of accounts and reconciliation statement to be
submitted along with the Annual Return by certain taxable persons
65. Transitional Provisions
ī Officers under the existing laws to be subsumed into GST
ī Every registered person under the earlier law having valid PAN will be issued a
provisional registration certificate (PRC). Such PRC will be valid for six months
or for such extended period
ī Cenvat credit / VAT carried forward in a return shall be allowed as input tax
credit under GST.
ī Central tax like excise and service tax shall be brought forward under CGST
electronic credit ledger and State tax like VAT Input shall be carry forward
under SGST electronic credit ledger.
ī Un-availed Cenvat credit on capital goods, not carried forward in a return, shall
also be allowed as ITC under GST.
66. Transitional Provisions
ī Credit of eligible duties and taxes in respect of inputs held in stock shall
be allowed to a registered taxable person. Such person should be in
possession of invoice or other prescribed document which should be
within 12 months from the appointed day
Further, a person availing credit who was not liable to be registered
under the existing law & who doesnât not has evidence for payment of
Excise Duty shall avail Input Tax Credit on goods held in stock as on
appointed day at the rate of 40% of central/state tax applicable & shall
be credited with Input Tax Credit post payment of Central Tax on supply
of such goods after the appointed date.
Note â This scheme shall be available for 6 tax periods
67. Transitional Provisions
ī Credit shall be carried forward only if all the returns required under the existing law for the
period of six months immediately preceding the appointed date is furnished
ī A registered person shall be entitled to take credit of eligible duties and taxes in respect of
inputs or input services received on or after the appointed day but the duty or tax in respect
of which has been paid by the supplier under the existing law, subject to the condition that
the invoice or any other duty or tax paying document of the same was recorded in the books
of accounts of such person within a period of 30 days from the appointed day
ī Where the price is revised in pursuance of a contract after the appointed date, the supplier
will issue a supplementary invoice either as debit or credit notes within 30 days of such
price revision. Supplementary invoice will either be treated as Inward supply or outward
supply
ī Transfer of Credits in case of Centralized Registration can be done
68. Revising the returns
ī Where any return furnished under the existing law is
revised after the appointed day, pursuant to such
revision
ī Any amount is found to be recoverable or CENVAT is found to
be inadmissible â recovered as an arrears of tax under this Act
ī Any amount is found to be refundable or CENVAT is found to be
admissible - refunded to him in cash under the existing law
69. Returns to be furnished for
Transition
ī¨ Every registered person entitled to carry forward
credit of input tax under shall within 60 days of the
appointed day, submit an application electronically
in FORM GST TRAN-1, duly signed, on the
Common Portal specifying therein
i. amount of tax or duty to the credit of which the
said person is entitled under the provisions of
the said section
ii. Details of C Form, F Form etc
iii. Credit on capital goods â availed under the
existing law and to be availed in GST
iv. Details of stock on which credit is availed
71. Invoice
ī Tax Invoice V/s Bill of Supply V/s Voucher
ī Tax amount should be compulsory shown in the tax Invoice. No
inclusive of tax concept
ī¨ Tax Invoice should contain information such as name, address and
GSTIN of the supplier, HSN code of goods or Accounting Code of
services, rate of tax (CGST, SGST or IGST), place of delivery where the
same is different from the place of supply
ī¨ Manner of issuing invoice- The invoice shall be prepared in triplicate,
in case of supply of goods, and in duplicate, in case of supply of
services
ī¨ Time period for raising invoice
72. HSN Coding
ī Harmonized System of Nomenclature which is currently used under Excise
and Customs for classification of products
ī In GST, Turnover of the taxpayers will play a pivotal role in determine
coding as the same needs to be documented in Invoice and in return
ī Broad rule is as under:
â Taxpayers whose turnover is Rs. 5 crores and above shall use 4 digit code
â Taxpayers whose turnover is above Rs. 1.5 crores but below Rs. 5 crores
shall use 2 digit code;
âTaxpayers whose turnover is below Rs. 1.5 crores are not required to
mention HSN Code, they can mention description.
74. Anti-profiteering Measure
īŧ The Central Government may by law constitute an Authority,
or entrust an existing Authority constituted under any law, to
examine whether input tax credits availed by any registered
taxable person or the reduction in the price on account of any
reduction in the tax rate have actually resulted in a
commensurate reduction in the price of the said goods and/or
services supplied by him.
īŧ Any non-compliance will lead to levy of penalty
75. Accounts and Records
ī¨ Every registered person shall keep and maintain, at his principal
place of business, as mentioned in the certificate of registration, a
true and correct account ofâ
(a) production or manufacture of goods;
(b) inward and outward supply of goods or services or both;
(c) stock of goods;
(d) input tax credit availed;
(e) output tax payable and paid; and
(f) such other particulars as may be prescribed:
ī¨ Every registered person required to keep and maintain books of
account or other records shall retain them until the expiry of
seventy two months from the due date of furnishing of annual
return for the year pertaining to such accounts and records
76. Assessments
ī Self Assessment - Taxable person shall himself assess the taxes payable and
pay tax
ī States would have the powers to administer 90 per cent of assessees with
an annual turnover of up to Rs 1.5 crore. Centre will have the powers to
audit, send notices and scrutinise the remaining 10 per cent.
ī Assessees with a turnover over Rs 1.5 crore will be administratively
controlled by the Centre and states in equal (50% : 50%)
ī Bifurcation for assessment will done by the system
ī Assessee base will change in the time gap of two to three years
77. Authority for Advance Ruling
ī¨ Application for advance ruling can be filed along with prescribed fees
ī¨ The question on which the advance ruling is sought under this Act, shall be in
respect of,ââ
i. classification of any goods or services or both;
ii. applicability of a notification issued under the provisions of this Act;
iii. determination of time and value of supply of goods or services or both;
iv. admissibility of input tax credit of tax paid or deemed to have been paid;
v. determination of the liability to pay tax on any goods or services or both;
vi. whether applicant is required to be registered;
vii. whether any particular thing done by the applicant with respect to any goods
or services or both amounts to or results in a supply of goods or services or
both
ī¨ The Authority shall pronounce its advance ruling in writing within ninety days from the
date of receipt of application
ī¨ The concerned officer, the jurisdictional officer or an applicant aggrieved by any
advance ruling pronounced may appeal to the Appellate Authority.
ī¨ The advance ruling pronounced shall be binding only on the applicant or on the
78. Compliance Rating
ī Every taxable person shall be assigned a GST compliance rating score
based on his record of compliance with the provisions of this act.
ī To be determined based on parameter which are yet to be prescribed
ī GST compliance rating score shall be updated and placed in the public
domain
ī Large companies may deal with only those dealers who would has a
specific minimum rating
ī EOUâs will be entitled to refunds only if the minimum compliance rating is
5 out of 10
ī Department may carry out search or seizure on assessee who have very less
rating
79. Goods and Service Tax Network
(GSTN)
ī Section 8 company â Non profit entity
ī Shares are held by Centre, State and non government financial
institutions
ī Build the technology Infrastructure for GST
ī Manage back-end tasks such as tax settlement, assessment, refunds,
etc.